12 2 STA T . 22 7PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 SEC.824 .E X E MPTION O F SPECI AL OPE R ATIONS COMMAN D FROM CER - TAIN RE QU IREMENTS FOR CERTAIN CONTRACTS RELATIN G TO V ESSELS , AIRCRAFT, AND COM B AT VE H ICLES. Section2401(b) o f tit l e10 ,U nite d St a te sC ode, is a m ended b y addin g att h e end the follo w ing new p a r agraph
- ‘
‘( 5 ) I n the case of a contract described in s u bsection (a)(1)( B ), the commander of the special operations command may ma k ea contract without regard to this subsection if — ‘‘( A ) funds are a v ailable and obligated for the full cost of the contract (including termination costs) on or before the date the contract is awarded
‘‘(B) the Secretary of D efense submits to the congressional defense committees a certification that there is no alternative for meeting urgent operational re q uirements other than making the contract; and ‘‘(C) a period of 3 0 days of continuous session of Congress has e x pired following the date on which the certification was received by such committees .’ ’. SEC. 82 5 . PROVISION OF AUTHORIT Y TO MAINTAIN EQUIPMENT TO UNIFIED COMBATANT COMMAND FOR J OINT W ARFIGHTING. (a) A UTHORI T Y .—Section 1 67 a of title 10, United States Code, is amended— (1) in subsection (a), by striking ‘‘and acquire’’ and inserting ‘‘, acquire, and maintain’’; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new sub - section: ‘‘(f) L I M IT A TIO N ON AUTHORITY T O M AINTAIN EQ UI P M E NT.—The authority delegated under subsection (a) to maintain equipment is sub j ect to the availability of funds authori z ed and appropriated specifically for that purpose.’’. (b) T W O- Y EAR E X TEN S ION.—Subsection (g) of such section, as so redesignated, is amended— (1) by striking ‘‘through 200 8 ’’ and inserting ‘‘through 2010’’; and (2) by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep- tember 30, 2010’’. SEC. 82 6 . MAR K ET RESEARCH. (a) A D DITIONA LR EQUIREMENTS.—Subsection (c) of section 2377 of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘and’’ at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(C) before awarding a task order or delivery order in excess of the simplified acquisition threshold.’’; and (2) by adding at the end the following: ‘‘(4) The head of an agency shall take appropriate steps to ensure that any prime contractor of a contract (or task order or delivery order) in an amount in excess of $ 5,000,000 for the procure- ment of items other than commercial items engages in such market research as may be necessary to carry out the requirements of Certif i ca ti on.
�
