PUBLIC LAW 109–364—OCT. 17, 2006
120 STAT. 2331
Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 831. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
Section 804(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30, 2007’’. SEC. 832. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF CERTAIN SERVICES.
(a) LIMITATION.—Except as provided in subsection (b), the Secretary of Defense may not enter into a service contract to acquire a military flight simulator. (b) WAIVER.—The Secretary of Defense may waive subsection (a) with respect to a contract if the Secretary— (1) determines that a waiver is necessary for national security purposes; and (2) provides to the congressional defense committees an economic analysis as described in subsection (c) at least 30 days before the waiver takes effect. (c) ECONOMIC ANALYSIS.—The economic analysis provided under subsection (b) shall include, at a minimum, the following: (1) A clear explanation of the need for the contract. (2) An examination of at least two alternatives for fulfilling the requirements that the contract is meant to fulfill, including the following with respect to each alternative: (A) A rationale for including the alternative. (B) A cost estimate of the alternative and an analysis of the quality of each cost estimate. (C) A discussion of the benefits to be realized from the alternative. (D) A best value determination of each alternative and a detailed explanation of the life-cycle cost calculations used in the determination. (d) DEFINITIONS.—In this section: (1) The term ‘‘military flight simulator’’ means any major system to simulate the form, fit, and function of a military aircraft that has no commonly available commercial variant. (2) The term ‘‘service contract’’ means any contract entered into by the Department of Defense the principal purpose of which is to furnish services in the United States through the use of service employees. (3) The term ‘‘service employees’’ has the meaning provided in section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 357(b)).
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