Sec. 828. Enhanced authority to acquire certain products and services produced in Africa
338 words·~2 min read·
/bill/113/s/2410/pcs/section-828·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In the case of a product or service to be acquired in support of Department of Defense 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— competition is limited to products or services that are from that country; or a preference is provided for products or services that are from that country. A determination described in this subsection is a determination by the Secretary of either of the following:
That the product or service concerned is to be used only in support of activities described in subsection (a). That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection
(a)because such limitation or preference is necessary— to reduce— United States transportation costs; or delivery times in support of activities described in subsection (a); or to promote regional security, stability, and economic prosperity in Africa. A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection
(a)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. Preferences provided under subsection (a)(2) shall, to the maximum extent practicable, be other than cost evaluation factors. No cost preference provided under such subsection may be more than 15 percent. For the purpose of this section: A product is from a covered African country if it is mined, produced, or manufactured in that country. A service is from a covered African country if it is performed in that country by citizens or residents of that country. In this section, the term covered African country means a country in Africa that has signed a long-term agreement with the United States related to basing or operational needs of the United States Armed Forces, as determined by the Secretary of Defense.