Sec. 1263. Enhanced authority to acquire goods and services of Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility
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It is the sense of Congress that— the United States forces should continue to be forward postured in Africa and in the Middle East; Djibouti is in a strategic location to support United States vital national security interests in the region; the United States should take definitive steps to maintain its basing access and agreements with the Government of Djibouti to support United States vital national security interests in the region; the United States should devise and implement a comprehensive governmental approach to engaging with the Government of Djibouti to reinforce the strategic partnership between the United States and Djibouti; and the Secretary of State and the Administrator of the United States Agency for International Development, in conjunction with the Secretary of Defense, should take concrete steps to advance and strengthen the relationship between United States and the Government of Djibouti.
In the case of a good or service to be acquired in direct support of covered activities for which the Secretary of Defense makes a determination described in subsection (c), the Secretary may conduct a procurement in which— competition is limited to goods of Djibouti or services of Djibouti; or a preference is provided for goods of Djibouti or services of Djibouti. A determination described in this subsection is a determination by the Secretary of either of the following: That the good or service concerned is to be used only in support of covered activities.
That it is vital to the national security interests of the United States to limit competition or provide a preference as described in subsection
(b)because such limitation or preference is necessary— to reduce— United States transportation costs; or delivery times in support of covered activities; or to promote regional security, stability, and economic prosperity in Africa. That the good or service is of equivalent quality of a good or service that would have otherwise been acquired. A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection
(b)unless the Secretary also determines that the limitation or preference will not adversely affect— United States military operations or stability operations in the United States Africa Command area of responsibility; or the United States industrial base. In exercising the authority under subsection
(b)to procure goods or services in support of covered activities, the Secretary of Defense— in the case of the procurement of services, shall ensure that the procurement is conducted in accordance with the management structure implemented pursuant to section 2330(a) of title 10, United States Code; shall ensure that such goods or services are identified and reported under a single, joint Department of Defense-wide system for the management and accountability of contractors accompanying United States forces operating overseas or in contingency operations (such as the synchronized predeployment and operational tracker
(SPOT)system); and shall ensure that the United States Africa Command has sufficiently trained staff and adequate resources to conduct oversight of procurements carried out pursuant to subsection (b), including oversight to detect and deter fraud, waste, and abuse. In this section: The term covered activities means Department of Defense activities in the United States Africa Command area of responsibility. The term good of Djibouti means a good wholly the growth, product, or manufacture of Djibouti. The term service of Djibouti means a service performed by a person that— is operating primarily in Djibouti; or is making a significant contribution to the economy of Djibouti through payment of taxes or use of products, materials, or labor of Djibouti, as determined by the Secretary of State; and is properly licensed or registered by authorities of the Government of Djibouti, as determined by the Secretary of State. The authority and requirements of this section expire at the close of September 30, 2018.