Sec. 885. Enhanced authority to acquire products and services produced in Africa in support of covered activities
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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— competition is limited to products or services from the host nation; a preference is provided for products or services from the host nation; or a preference is provided for products or services from a covered African country, other than the host nation.
A determination described in this subsection is a determination by the Secretary of any of the following: That the product or service concerned is to be used only in support of covered activities. 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— 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; to reduce delivery times in support of covered activities; or to promote regional security, stability, and economic prosperity in Africa. That the product or service is of equivalent quality of a product or service that would have otherwise been acquired. 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— the limitation or preference will not adversely affect— United States military operations or stability operations in the African region; or the United States industrial base; and 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 required air transportation. In this section: The term covered activities means Department of Defense activities in the African region or a regional neighbor. 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. The term host nation means a nation which allows the armed forces and supplies of the United States to be located on, to operate in, or to be transported through its territory. For purposes of this section: A product is from a covered African country if it is wholly grown, mined, manufactured, or produced in the covered African country. A service is from a covered African country if it is performed by a person or entity that is properly licensed or registered by authorities of a covered African country and— is operating primarily in the covered African country; or is making a significant contribution to the economy of the covered African country through payment of taxes or use of products, materials, or labor of the covered African country. Section 1263 of the National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3581) is repealed.
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Sec. 885
Enhanced authority to acquire products and services produced in Africa in support of covered activities
Stat.128 Stat. 3581
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