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§ 2418. Authority to provide certain types of technical assistance

(a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.

(b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992. (Added P.L. 102–484, § 4236(aX1XB), Oct. 23, 1992, 106 Stat. 2691.)

§ 2419. Regulations

The Secretary of Defense shall prescribe regulations to carry out this chapter.

(Added as $2416 P.L. 98-525, $1241(a), Oct. 19, 1984, 98 Stat. 2605; redesignated $2417 by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 957(a)(1)], 101(c) [§ 957(a)(1)], 957(a)(1), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954; redesignated 82418 P.L. 101-510, 8813(aX1XA), Nov. 5, 1990, 104 Stat. 1596; redesignated §2419 P.L. 102484, § 4236(a)(1)(A), Oct. 23, 1992, 106 Stat. 2691.)

CHAPTER 143-PRODUCTION BY MILITARY AGENCIES

Sec.

2421.

2422. 2423.

2424.

Plantations and farms: operation, maintenance, and improvement.
Bakery and dairy products: procurement outside the United States.
Laundry and dry cleaning services: procurement from facilities operated by
the Navy Resale and Service Support Office.
Procurement of supplies and services from exchange stores outside the
United States.

§ 2421. Plantations and farms: operation, maintenance, and improvement

(a) Appropriations for the subsistence of members of the Army, Navy, Air Force, or Marine Corps are available for expenditures necessary in the operation, maintenance, and improvement of any plantation or farm, outside the United States and under the jurisdiction of the Army, Navy, Air Force, or Marine Corps, as the case may be, for furnishing fresh fruits and vegetables to the armed forces. However, no land may be acquired under this subsection.

(b) Fruits and vegetables produced under subsection (a) that are over the amount furnished or sold to the armed forces or to civilians serving with the armed forces may be sold only outside the United States.

(c) Of the persons employed by the United States under subsection (a), only nationals of the United States are entitled to the benefits provided by laws relating to the employment, work, compensation, or other benefits of civilian employees of the United States.

(d) A plantation or farm covered by subsection (a) shall be operated, maintained, and improved by a private contractor or lessee, so far as practicable. Before using members of the Army, Navy, Air Force, or Marine Corps, as the case may be, the Secretary concerned must make a reasonable effort to make a contract or lease with a person in civil life for his services for that operation, maintenance, or improvement, on terms advantageous to the United States. A determination by the Secretary as to the reasonableness of effort to make a contract or lease, and as to the advantageous nature of its terms, is final.

(Aug. 10, 1956, ch. 1041, 70A Stat. 138.)

§ 2422. Bakery and dairy products: procurement outside the United States

(a) The Secretary of Defense may authorize any element of the Department of Defense that procures bakery and dairy products for use by the armed forces outside the United States to procure any products described in subsection (b) through the use of procedures other than competitive procedures.

(b) The products referred to in subsection (a) are bakery or dairy products produced by the Army and Air Force Exchange

Service in a facility outside the United States that began operating before July 1, 1986.

(Added P.L. 99–661, § 321(a), Nov. 14, 1986, 100 Stat. 3851.)

§ 2423. Laundry and dry cleaning services: procurement from facilities operated by the Navy Resale and Services Support Office

(a) AUTHORITY.-The Secretary of Defense may authorize an element of the Department of Defense to enter into a contract (through the use of procedures other than competitive procedures) with a laundry and dry cleaning facility operated by the Navy Resale and Services Support Office to procure laundry and dry cleaning services for the armed forces outside the United States.

(b) APPLICATION.-Subsection (a) shall apply only with respect to a laundry and dry cleaning facility of the Navy Resale and Services Support Office that began operating before October 1, 1989.

(Added P.L. 101–189, § 323(a), Nov. 29, 1989, 103 Stat. 1414.)

§ 2424. Procurement of supplies and services from exchange stores outside the United States

(a) AUTHORITY.-The Secretary of Defense may authorize an element of the Department of Defense to enter into a contract (through the use of procedures other than competitive procedures) with an exchange store operated under the jurisdiction of the Secretary of a military department outside the United States to procure supplies or services for use by the armed forces outside the United States.

(b) LIMITATIONS.-(1) A contract may not be entered into under subsection (a) in an amount in excess of $50,000.

(2) Supplies provided under a contract entered into under subsection (a) shall be provided from the stocks of the exchange store on hand as of the date the contract is entered into with that exchange store.

(3) A contract entered into with an exchange store under subsection (a) may not provide for the procurement of services not regularly provided by that exchange store.

(c) Paragraphs (1) and (2) of subsection (b) do not apply to contracts for the procurement of soft drinks that are manufactured in the United States. The Secretary of Defense shall prescribe in regulations the standards and procedures for determining whether a particular drink is a soft drink and whether the drink was manufactured in the United States.

(Added P.L. 101–189, §324(a), Nov. 29, 1989, 103 Stat. 1414, and amended P.L. 103–355, § 3066, Oct. 13, 1994, 108 Stat. 3337.)

CHAPTER 144-MAJOR DEFENSE ACQUISITION

Sec.

2430.

2431.

2432.

2433.

2434.

2435.

[2436-2439. Repealed.]

2440.

PROGRAMS

Major defense acquisition program defined.
Weapons development and procurement schedules.
Selected Acquisition Reports.

Unit cost reports.

Independent cost estimates; operational manpower requirements.
Baseline description.

Technology and Industrial Base Plans.

§ 2430. Major defense acquisition program defined1

(a) In this chapter, the term "major defense acquisition program" means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—

(1) that is designated by the Secretary of Defense as a major defense acquisition program; or

(2) that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement of more than $1,800,000,000 (based on fiscal year 1990 constant dollars.)

(b) The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in subsection (a)(2) on the basis of Department of Defense escalation rates. An adjustment under this subsection shall be effective after the Secretary transmits a written notification of the adjustment to the Committees on Armed Services of the Senate and House of Representatives.

(Added P.L. 100–26, § 7(b)(2), April 21, 1987, 101 Stat. 279, and amended P.L. 102-484, §817(b), Oct. 23, 1992, 106 Stat. 2455.)

1For provisions relating to the defense acquisition pilot program, see section 809 of the National Defense Authorization Act for Fiscal Year 1991 (P.L. 101-510), set forth beginning on page 399, and section 5064 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355), set forth beginning on page 459.

§ 2431. Weapons development and procurement schedules 2.3

(a) The Secretary of Defense shall submit to Congress each calendar year, not later than 45 days after the President submits the budget to Congress under section 1105 of title 31, budget justification documents regarding development and procurement schedules for each weapon system for which fund authorization is required by section 114(a) of this title, and for which any funds for procurement are requested in that budget. The documents shall include data on operational testing and evaluation for each weapon system for which funds for procurement are requested (other than funds requested only for the procurement of units for operational testing and evaluation, or long lead-time items, or both). A weapon system shall also be included in the annual documents required under this subsection in each year thereafter until procurement of that system has been completed or terminated, or the Secretary of Defense certifies, in writing, that such inclusion would not serve any useful purpose and gives his reasons therefor.

(b) Any report required to be submitted under subsection (a) shall include detailed and summarized information with respect to each weapon system covered and shall specifically include each of the following: (1) The development schedule, including estimated annual costs until development is completed.

2 Section 117 of the National Defense Authorization Act for Fiscal Year 1989 (P.L. 100–456; 102 Stat. 1933), provides:

SEC. 117. MANAGEMENT OF CERTAIN DEFENSE PROCUREMENT PROGRAMS

(a) STRETCHOUT IMPACT STATEMENT.-The Secretary of Defense shall submit to Congress, at the same time the budget for any fiscal year is submitted to Congress under section 1105 of title 31, United States Code, a statement of what the effect would be during the fiscal year for which the budget is submitted of the stretchout of a major defense acquisition program if either of the following applies with respect to that program:

(1) The final year of procurement scheduled for the program at the time the statement is submitted is more than two years later than the final year of procurement for the program as specified in the most recent annual Selected Acquisition Report for that program.

(2) The proposed quantity for that fiscal year is less than 90 percent of the procurement quantity proposed for the same fiscal year in the most recent annual Selected Acquisition Report for that program.

(b) CHANGES IN CERTAIN COSTS TO BE INCLUDED.-A statement under subsection (a) with respect to a major defense acquisition program shall contain in total program cost for the system being procured under the program compared to the program specified in the most recent annual Selected Acquisition Report for that program.

(c) IDENTIFICATION OF STRETCHED OUT PROGRAM.-The Secretary shall include in a statement under subsection (a) identification of all major acquisition programs for which the proposed procurement quantity for that fiscal year is less than 80 percent of the baseline production rate for that fiscal year, as defined by section 2432(c)(3)(C)(i) of title 10, United States Code, and an explanatory statement for the lower procurement rate for each program.

(d) LIMITATIONS. (1) Subsection (a) shall apply only for major defense acquisition programs for which procurement is proposed at a rate of six or more units per year.

(2) Subsection (a) shall not apply if the total procurement quantity has been increased, compared to the program specified in the most recent annual Selection Acquisition Report for that program, and subsection (a)(2) does not apply.

(e) REPORT ON Establishing Maximum PRODUCTION RATES.-[Omitted].

(f) DEFINITION. For purposes of this section, the term "major defense acquisition program” has the meaning given that term in section 2430 of title 10, United States Code.

* Section 231(a) of the National Defense Authorization Act for Fiscal Year 1993 (P.L. 102-484, 105 Stat. 241) provides:

(a) ESTABLISHMENT OF THEATER MISSILE DEFENSE INITIATIVE.-The Secretary of Defense shall establish a Theater Missile Defense Initiative office within the Department of Defense. All theater and tactical missile defense activities of the Department of Defense (including all programs, projects, and activities formerly associated with the Theater Missile Defense program element of the Strategic Defense Initiative) shall be carried out under the Theater Missile Defense Initiative.

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