12 2 STA T .36 3 0PUBLIC LA W 110 – 32 9— S E PT. 30 , 200 8UnitedS t a te s t h atisn o t m ade in A me r i c a , the Secretar y sha l l determine, in accordance w ith section 2410f of title 10, United States C ode, whether the p erson sho u ld b e debarred from con - tractin g with the D epartment of Defense .( c )I nthecaseofanye q uipment or products purchased with appropriations pro v ided under this Act, it is the sense of the Con- gress that any entity of the Department of Defense, in e x pending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality-competitive, and available in a timely fashion. S EC . 8 0 39 . N one of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting serv- ices entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure- ment determines — (1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed wor k; (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or (3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support
- Provide
d, T hat this limita- tion shall not apply to contracts in an amount of less than $ 2 5 ,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 8040. (a) E xcept as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed F orces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee ’ s place of duty remains at the location of that head- quarters. (b) The Secretary of Defense or Secretary of a military depart- ment may waive the limitations in subsection (a), on a case-by- case basis, if the Secretary determines, and certifies to the Commit- tees on Appropriations of the H ouse of R epresentatives and Senate that the granting of the waiver will reduce the personnel require- ments or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence P rogram; or (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats. SEC. 8041. The Secretary of Defense, notwithstanding any other provision of law, acting through the O ffice of Economic Ad j ustment of the Department of Defense, may use funds made available in this Act under the heading ‘ ‘Operation and M aintenance, Defense- Waiver a utho rit y.C erti f i c atio n . Contract s .
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