Page:United States Statutes at Large Volume 114 Part 3.djvu/258

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114 STAT. 1654A-216 PUBLIC LAW 106-398—APPENDIX and the comments provided by the Comptroller of the Department of Defense and the Director of the Office of Management and Budget and that they have determined that the implementation of the contract is in the best interest of the Department of the Navy. (b) PHASED IMPLEMENTATION. —(1) Upon the submission of the certification under subsection (a)(2), the Secretary of the Navy may commence a phased implementation of a Navy-Marine Corps Intranet contract. (2) Not more than 15 percent of the total number of work stations to be provided under the Navy-Marine Corps Intranet program may be provided in the first increment of implementation of the Navy-Marine Corps Intranet contract. (3) No work stations in excess of the number permitted by paragraph (2) may be provided under the program until— (A) the Secretary of the Navy has conducted operational testing and cost review of the increment covered by that paragraph; (B) the Chief Information Officer of the Department of Defense has certified to the Secretary of the Navy that the results of the operational testing of the Intranet are acceptable; (C) the Comptroller of the Department of Defense has certified to the Secretary of the Navy that the cost review provides a reliable basis for forecasting the cost impact of continued implementation; and (D) the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they have reviewed the certifications submitted under subparagraphs (B) and (C) and have determined that the continued implementation of the contract is in the best interest of the Department of the Navy. (4) No increment of the Navy-Marine Corps Intranet that is implemented during fiscal year 2001 may include any activities of the Marine Corps, the naval shipyards, or the naval aviation depots. Funds available for fiscal year 2001 for activities of the Marine Corps, the naval shipyards, or the naval aviation depots may not be expended for any contract for the Navy-Marine Corps Intranet. (c) PROHIBITION ON INCREASE OF RATES CHARGED. — The Secretary of the Navy shall ensure that rates charged by a working capital funded industrial facility of the Department of the Navy for goods or services provided by such facility are not increased during fiscal year 2001 for the purpose of funding the Navy-Marine Corps Intranet contract. (d) APPLICABILITY OF STATUTORY AND REGULATORY REQUIRE- MENTS.—The acquisition of a Navy-Marine Corps Intranet shall be managed by the Department of the Navy in accordance with the requirements of— (1) the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106), including the requirement for utilizing modular contracting in accordance with section 38 of the Office of Federal Procurement Policy Act (41 U.S.C. 434); and (2) Department of Defense Directives 5000.1 and 5000.2 - R and all other directives, regulations, and management controls that are applicable to major investments in information technology and related services.