12 2 STA T . 2 03PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 Inspector s G ener al s h all m a k e a separate d eterm i nation u nder para g raph (1) ( B ) w ith respect to each such separate re v iew . ( 4 ) MEMORAND AO FU NDER ST AND I N G FOR RE V IE W S AND DETERMINATIONS. —N ot later than one y ear b e f ore a review and determination is re q uired under this subsection with respect to a covered non - defense agency , the Inspector General of the D epartment of Defense and the Inspector General of the covered non-defense agency shall enter into a memorandum of understanding with each other to carry out such review and determination. ( 5 ) T ERMINATION OF NON- C OM PL IANCE DETERMINATION.— If the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency deter- mine, pursuant to paragraph (1)(B), that a covered non-defense agency is not compliant with defense procurement require- ments, the Inspectors General shall terminate such a deter- mination effective on the date on which the Inspectors General j ointly— ( A ) determine that the non-defense agency is compliant with defense procurement requirements
and (B) notify the S ecretary of Defense of that determina- tion. ( 6 ) R ESOLUTION OF DISAGREEMENTS.—If the Inspector Gen- eral of the Department of Defense and the Inspector General of a covered non-defense agency are unable to agree on a joint determination under this subsection, a determination by the Inspector General of the Department of Defense under this subsection shall be conclusive for the purposes of this section. (b) L IMITATION ON P ROCUREMENTS ON BE H ALF OF DEPARTMENT OF DEFENSE.— (1) Ex cept as provided in paragraph ( 2 ), an acquisition official of the Department of Defense may place an order, make a purchase, or otherwise procure property or services for the Department of Defense in excess of the simplified acquisition threshold through a non-defense agency only if— (A) in the case of a procurement by any non-defense agency in any fiscal year, the head of the non-defense agency has certified that the non-defense agency will comply with defense procurement requirements for the fiscal year; (B) in the case of— (i) a procurement by a covered non-defense agency in a fiscal year for which a memorandum of under- standing is required by subsection (a)(4), the Inspector General of the Department of Defense and the Inspector General of the covered non-defense agency have entered into such a memorandum of under- standing; or (ii) a procurement by a covered non-defense agency in a fiscal year following the Inspectors General review and determination required by subsection (a), the Inspectors General have determined that a covered non-defense agency is compliant with defense procure- ment requirements or have terminated a prior deter- mination of non-compliance in accordance with sub- section (a)(5); and Notif i ca tio n.De a dl ine.
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