12 2 STA T . 2 04PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 (C)theprocu re m e n t is not other w ise prohi b ite d b y section 817 o f the J ohn Wa rner N ationa lD efense A uthori z ation Act for F iscal Y ear 20 07( P ublic L aw 10 9–364 ) or section 811 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) . (2) EXCEPTIONF O R PROC U RE M ENT S OF NECESS A R Y PROPERTY AN D SER V ICES. — (A) I N G ENERA L .— T he limitation in para g raph (1) shall not apply to the procurement of property and ser v ices on behalf of the Department of Defense by a non - defense agency during any fiscal year for which there is in effect a written determination of the U nder S ecretary of Defense for Ac q uisition , Technology, and Logistics that it is nec- essary in the interest of the Department of Defense to procure property and services through the non-defense agency during such fiscal year. ( B ) SCOPE OF PARTICULAR EXCEPTION.—A written deter- mination with respect to a non-defense agency under subparagraph (A) shall apply to any category of procure- ments through the non-defense agency that is specified in the determination. (c) G UIDANCE ON INTERAGENCY CONTRACTING.— (1) R E Q UIREMENT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall issue guidance on the use of interagency contracting by the Depart- ment of Defense. (2) M ATTERS COVERED.—The guidance required by para- graph (1) shall address the circumstances in which it is appro- priate for Department of Defense acquisition officials to procure goods or services through a contract entered into by an agency outside the Department of Defense. At a minimum, the guid- ance shall address— (A) the circumstances in which it is appropriate for such acquisition officials to use direct acquisitions
(B) the circumstances in which it is appropriate for such acquisition officials to use assisted acquisitions; (C) the circumstances in which it is appropriate for such acquisition officials to use interagency contracting to acquire items unique to the Department of Defense and the procedures for approving such interagency con- tracting; (D) the circumstances in which it is appropriate for such acquisition officials to use interagency contracting to acquire items that are already being provided under a contract awarded by the Department of Defense; (E) tools that should be used by such acquisition offi- cials to determine whether items are already being provided under a contract awarded by the Department of Defense; and (F) procedures for ensuring that defense procurement requirements are identified and communicated to outside agencies involved in interagency contracting. (d) COMPLIANCE WIT H DEFENSE PROCUREMENT REQUIRE- MENTS.—For the purposes of this section, a non-defense agency is compliant with defense procurement requirements if the procure- ment policies, procedures, and internal controls of the non-defense agency applicable to the procurement of products and services on Deadlin e .
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