14 U.S.C. § 1107 — Extension of major acquisition program

Page 96 TITLE 14—COAST GUARD § 1107 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(4) is effec- tive with the enactment of Pub. L. 111–281. § 1107. Extension of major acquisition program contracts (a) IN GENERAL.—Notwithstanding section 1105(a)(2) of this title and section 2304 1 of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major ac- quisition program contract, by extension of such contract without competition, if the Director of the Cost Analysis Division of the Department of Homeland Security determines that the costs that would be saved through award of a new con- tract in accordance with such sections would not exceed the costs of such an award. (b) LIMITATION ON NUMBER OF ADDITIONAL UNITS.—The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made. (c) DETERMINATION OF COSTS UPON REQUEST.— The Director of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for pur- poses of this section— (1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 1105(a)(2) for the acquisition of a number of additional units specified by the Secretary; and (2) the costs of such award, including the costs that would be incurred due to acquisi- tion schedule delays and asset design changes associated with such award. (d) NUMBER OF EXTENSIONS.—A contract may be extended under this section more than once. (Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 579; re- numbered § 1107 and amended Pub. L. 115–282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.) Editorial Notes REFERENCES IN TEXT Section 2304 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effec- tive Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. Sub- secs. (a) to (l) of section 2304 were transferred to var- ious provisions in chapter 221 of this title, with the same effective date and conditions, by Pub. L. 116–283, div. A, title XVIII, § 1811(c)(2)–(5), (d)(2)–(9), Jan. 1, 2021, 134 Stat. 4165–4170. AMENDMENTS 2018—Pub. L. 115–282, § 108(b), renumbered section 579 of this title as this section. Subsecs. (a), (c)(1). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 1105(a)(2)’’ for ‘‘section 564(a)(2)’’. § 1108. Department of Defense consultation (a) IN GENERAL.—The Commandant shall make arrangements as appropriate with the Secretary of Defense for support in contracting and man- agement of Coast Guard acquisition programs. The Commandant shall also seek opportunities to make use of Department of Defense con- tracts, and contracts of other appropriate agen- cies, to obtain the best possible price for assets acquired for the Coast Guard. (b) INTERSERVICE TECHNICAL ASSISTANCE.—The Commandant shall seek to maintain a memo- randum of understanding or a memorandum of agreement with the Secretary of the Navy to ob- tain the assistance of the Office of the Assistant Secretary of the Navy for Research, Develop- ment, and Acquisition, including the Navy Sys- tems Command, with the oversight of Coast Guard major acquisition programs. The memo- randum of understanding or memorandum of agreement shall, at a minimum, provide for— (1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology may identify; (2) the use, as appropriate, of Navy technical expertise; and (3) the temporary assignment or exchange of personnel between the Coast Guard and the Of- fice of the Assistant Secretary of the Navy for Research, Development, and Acquisition, in- cluding Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard. (c) TECHNICAL REQUIREMENT APPROVAL PROCE- DURES.—The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the Navy Senior Ac- quisition Official to approve all technical re- quirements. (Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2937, § 566; amended Pub. L. 111–330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 115–232, div. C, title XXXV, § 3534, Aug. 13, 2018, 132 Stat. 2322; renumbered § 1108, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 566 of this title as this section. Subsec. (b). Pub. L. 115–232, § 3534(1), substituted ‘‘maintain’’ for ‘‘enter into’’ in introductory provi- sions. Subsec. (d). Pub. L. 115–232, § 3534(2), struck out sub- sec. (d) which related to report on assessment of Coast Guard acquisition and management capabilities. 2010—Subsec. (d). Pub. L. 111–330, which directed the amendment of Pub. L. 111–281, § 402(a), which enacted this section, by substituting ‘‘Coast Guard Authoriza- tion Act of 2010’’ for ‘‘Coast Guard Authorization Act for Fiscal Years 2010 and 2011’’ wherever appearing, was executed in subsec. (d) of this section as added by sec- tion 402(a) by making the substitution for text which read ‘‘Coast Guard Authorization Act for fiscal years 2010 and 2011’’, to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(4) is effec- tive with the enactment of Pub. L. 111–281.