Page:United States Statutes at Large Volume 124.djvu/2964

 124 STAT. 2938 PUBLIC LAW 111–281—OCT. 15, 2010 ‘‘(3) the temporary assignment or exchange of personnel between the Coast Guard and the Office of the Assistant Sec- retary of the Navy for Research, Development, and Acquisition, including Naval Systems Command, to facilitate the develop- ment of organic capabilities in the Coast Guard. ‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCEDURES.—The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the Navy Senior Acquisition Official to approve all technical requirements. ‘‘(d) ASSESSMENT.—Within 180 days after the date of enactment of the Coast Guard Authorization Act for fiscal years 2010 and 2011, the Comptroller General of the United States shall transmit a report to the appropriate congressional committees that— ‘‘(1) contains an assessment of current Coast Guard acquisi- tion and management capabilities to manage Level 1 and Level 2 acquisitions; ‘‘(2) includes recommendations as to how the Coast Guard can improve its acquisition management, either through internal reforms or by seeking acquisition expertise from the Department of Defense; and ‘‘(3) addresses specifically the question of whether the Coast Guard can better leverage Department of Defense or other agencies’ contracts that would meet the needs of Level 1 or Level 2 acquisitions in order to obtain the best possible price. ‘‘§ 567. Undefinitized contractual actions ‘‘(a) IN GENERAL.—The Coast Guard may not enter into an undefinitized contractual action unless such action is directly approved by the Head of Contracting Activity of the Coast Guard. ‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL ACTIONS.— Any request to the Head of Contracting Activity for approval of an undefinitized contractual action shall include a description of the anticipated effect on requirements of the Coast Guard if a delay is incurred for the purposes of determining contractual terms, specifications, and price before performance is begun under the contractual action. ‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRACTUAL ACTIONS.— ‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, SPECIFICATIONS, AND PRICE.—A contracting officer of the Coast Guard may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specification, and price by the earlier of— ‘‘(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or ‘‘(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action. ‘‘(2) LIMITATION ON OBLIGATIONS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate under such contractual action an amount that exceeds 50 percent of the negotiated overall Deadline. Reports.