SEC. 899A. ENHANCED AUTHORITY TO ACQUIRE
PRODUCTS AND SERVICES PRODUCED IN AFRICA IN SUPPORT OF CERTAIN
ACTIVITIES.
(a) In General.—Except as provided in subsection (c), in the
case of a product or service to be acquired in support of
covered activities in a covered African country for which the
Secretary of Defense makes a determination described in
subsection (b), the Secretary may conduct a procurement in
which—
(1) competition is limited to products
or services from the host nation;
(2) a preference is provided for products or services from the
host nation; or
(3) a preference is provided for products or services from a
covered African country, other than the host nation.
(b) Determination.—
(1) IN GENERAL.—A determination
described in this subsection is a determination by the
Secretary of any of the following:
(A) That the product or service
concerned is to be used only in support of covered
activities.
(B) That it is in the national security interests of the
United States to limit competition or provide a preference
as described in subsection (a) because such limitation or
preference is necessary—
(i) to reduce overall United
States transportation costs and risks in shipping products
in support of operations, exercises, theater security
cooperation activities, and other missions in the African
region;
(ii) to reduce delivery times in support of covered
activities; or
(iii) to promote regional security and stability in
Africa.
(C) That the product or service is
of equivalent quality to a product or service that would
have otherwise been acquired without such limitation or
preference.
(2) REQUIREMENT FOR EFFECTIVENESS OF
ANY PARTICULAR DETERMINATION.—A determination under paragraph
(1) shall not be effective for purposes of a limitation or
preference under subsection (a) unless the Secretary also
determines that—
(A) the limitation or preference
will not adversely affect—
(i) United States military
operations or stability operations in the African region;
or
(ii) the United States industrial base; and
(B) in the case of air
transportation, an air carrier holding a certificate under
section 41102 of title 49, United States Code, is not
reasonably available to provide the air transportation.
(c) Inapplicability Of Authority To
Procurement Of Items On Abilityone Procurement Catalog.—The
authority under subsection (a) may not be used for the
procurement of any good that is contained in the procurement
list described in section 8503(a) of title 41, United States
Code, if such good can be produced and delivered by a qualified
non profit agency for the blind or a nonprofit agency for other
severely disabled in a timely fashion to support mission
requirements.
(d) Report On Use Of Authority.—Not later than December 31,
2017, the Secretary shall submit to the congressional defense
committees a report on the use of the authority in subsection
(a). The report shall include, but not be limited to, the
following:
(1) The number of determinations made
by the Secretary pursuant to subsection (b).
(2) A list of the countries providing products or services as
a result of determinations made pursuant to subsection (b).
(3) A description of the products and services acquired using
the authority.
(4) The extent to which the use of the authority has met the
one or more of the objectives specified in clause (i), (ii),
or (iii) of subsection (b)(1)(B).
(5) Such recommendations for improvements to the authority as
the Secretary considers appropriate.
(6) Such other matters as the Secretary considers appropriate.
(e) Definitions.—In this section:
(1) COVERED ACTIVITIES.—The term
“covered activities” means Department of Defense activities in
the African region or a regional neighbor.
(2) COVERED AFRICAN COUNTRY.—The term “covered African
country” means a country in Africa that has signed a long-term
agreement with the United States related to the basing or
operational needs of the United States Armed Forces.
(3) HOST NATION.—The term “host nation” means a nation that
allows the Armed Forces and supplies of the United States to
be located on, to operate in, or to be transported through its
territory.
(4) PRODUCT OR SERVICE OF A COVERED AFRICAN COUNTRY.—The term
“product or service of a covered African country” means the
following:
(A) A product from a covered African
country that is wholly grown, mined, manufactured, or
produced in the covered African country.
(B) A service from a covered African country that is
performed by a person or entity that—
(i) is properly licensed or
registered by appropriate authorities of the covered
African country; and
(ii) as determined by the Chief of Mission concerned—
(I) is operating primarily in
the covered African country; or
(II) is making a significant contribution to the economy
of the covered African country through payment of taxes
or use of products, materials, or labor that are
primarily grown, mined, manufactured, produced, or
sourced from the covered African country.
(f) Conforming Amendment.—Section 1263
of the National Defense Authorization Act for Fiscal Year 2015
(Public Law 113–291; 128 Stat. 3581) is repealed. |
Enhanced authority to acquire products
and services produced in Africa in support of covered activities
(sec. 899A)
The Senate bill contained a provision
(sec. 885) that would grant the Secretary of Defense authority
to make a determination to limit competition or provide a
preference for products and services produced in areas where the
United States has long-term agreements with host nations in the
African region.
The House amendment contained no similar
provision.
The House recedes with an amendment that
would provide for an exemption from preferred local procurement
for items included on the procurement list described in section
8503(a) of title 41, United States Code, if such a good can be
produced and delivered by a qualified non-profit agency for the
blind or a non-profit agency for other severely disabled in a
timely fashion to support mission requirements. |
