PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3549
‘‘(2) the Secretary determines that there are insufficient funds to pay reimbursement under subsection (d) with respect to the work; or ‘‘(3) the Secretary fails to make the certification described in subsection (e)(2). ‘‘(d) REIMBURSEMENT.— ‘‘(1) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, reimburse a contractor for costs incurred by the contractor for qualified maintenance or repair performed in the United States under this section. ‘‘(2) AMOUNT.—The amount of reimbursement shall be equal to the difference between— ‘‘(A) the fair and reasonable cost of obtaining the qualified maintenance or repair in the United States; and ‘‘(B) the fair and reasonable cost of obtaining the qualified maintenance or repair outside the United States, in the country in which the contractor would otherwise undertake the qualified maintenance or repair. ‘‘(3) DETERMINATION OF FAIR AND REASONABLE COSTS.— The Secretary shall determine fair and reasonable costs for purposes of paragraph (2). ‘‘(e) NOTIFICATION REQUIREMENTS.— ‘‘(1) NOTIFICATION BY CONTRACTOR.—The Secretary is not required to pay reimbursement to a contractor under this section for qualified maintenance or repair, unless the contractor— ‘‘(A) notifies the Secretary of the intent of the contractor to obtain the qualified maintenance or repair, by not later than 90 days before the date of the performance of the qualified maintenance or repair; and ‘‘(B) includes in such notification— ‘‘(i) a description of all qualified maintenance or repair that the contractor should reasonably expect may be performed; ‘‘(ii) a description of the vessel’s normal route and port calls in the United States; ‘‘(iii) an estimate of the cost of obtaining the qualified maintenance or repair described under clause (i) in the United States; and ‘‘(iv) an estimate of the cost of obtaining the qualified maintenance or repair described under clause (i) outside the United States, in the country in which the contractor otherwise would undertake the qualified maintenance or repair. ‘‘(2) CERTIFICATION BY SECRETARY.— ‘‘(A) Not later than 30 days after the date of receipt of notification under paragraph (1), the Secretary shall certify to the contractor— ‘‘(i) whether the cost estimates provided by the contractor are fair and reasonable; ‘‘(ii) if the Secretary determines that such cost estimates are not fair and reasonable, the Secretary’s estimate of fair and reasonable costs for such work; ‘‘(iii) whether there are available to the Secretary sufficient funds to pay reimbursement under subsection (d) with respect to such work; and
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