Page:United States Statutes at Large Volume 122.djvu/4745

 12 2 STA T .47 22 PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8obligat io ns o rm il e stones u n d ert h e c ontract , the assistant sec - retar yf or installations and en v ironment of the res p ective mili- tary department shall submit a notice of deficiency to the D eputy U nder S ecretary of Defense (I nstallations and E nviron- ment ) , the Secretary concerned, the managing member, and the trustee for the pro j ect .‘ ‘( 4 )( A ) N ot later than 15 days after the submittal of a notice of deficiency under paragraph ( 3 ), the Secretary con- cerned or designated representative shall submit to the project o w ner, developer, or general contractor responsible for the project a summary of deficiencies related to the project. ‘‘( B ) If the project owner, developer, or general contractor responsible for the privati z ation project is unable, within 60 days after receiving a notice of deficiency under subparagraph (A), to ma k e progress on the issues outlined in such notice, the Secretary concerned shall notify the congressional defense committees of the status of the project, and shall provide a recommended course of action to correct the problems. ‘‘(b) REQUIR E DQ U AL I F I C A T I ONS . —T he Secretary concerned or designated representative shall ensure that the project owner, devel- oper, or general contractor that is selected for each military housing privatization initiative project has construction e x perience commen- surate with that re q uired to complete the project. ‘‘(c) BONDIN GL E V ELS.—The Secretary concerned shall ensure that the project owner, developer, or general contractor responsible for a military housing privatization initiative project has sufficient payment and performance bonds or suitable instruments in place for each phase of a construction or renovation portion of the project to ensure successful completion of the work in amounts as agreed to in the project ’ s legal documents, but in no case less than 50 percent of the total value of the active phases of the project, prior to the commencement of work for that phase. ‘‘(d) RE P ORTING OF EFFORTS TO SELECT SUCCESSOR IN EVENT OF DEFAULT.—In the event a military housing privatization initia- tive project enters into default, the assistant secretary for installa- tions and environment of the respective military department shall submit a report to the congressional defense committees every 9 0 days detailing the status of negotiations to award the project to a new project owner, developer, or general contractor. ‘‘(e) EFFECT OF NOTICES OF DEFICIENC Y ON C ONTRACTORS AND AFFILIATED ENTITIES.—(1) The Secretary concerned shall keep a record of all plans of action or notices of deficiency issued to a project owner, developer, or general contractor under subsection (a)(4), including the identity of each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor. ‘‘( 2 ) Each military department shall consult all records main- tained under paragraph (1) when reviewing the past performance of owners, developers, and contractors in the bidding process for a contract or other agreement for a military housing privatization initiative project.’’. (2) CLERICAL A M ENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item

‘ 28 8 5.Oversightand a c c ou nta b i l it yf or p rivati z ation pro j ects. ’ ’. Records.D e a d lin es.

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