12 2 STA T .45 4 6PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8(4)bystrik i ng‘ ‘ p r ocla i med byt h e P resident ’ ’ and inserting ‘‘proclaimed by a Presidential proclamation ,w ith notice to C on - gress,’’
and ( 5 ) by adding at the end the f ollowing
‘‘ F orp u rposes of applying such definitions in this section, the term ‘war’ includes a specific authori z ation for the use of the A rmed Forces, as described in section 5(b) of the W ar Powers R esolution (5 0U.S .C. 1 544(b)).’’. Subti t leG— G ov e rnm ent w i d e Acq ui s ition I m p rovements SEC.861 .S HORT T I T L E. T his subtitle may be cited as the ‘‘Clean Contracting Act of 2 00 8 ’’. SEC. 86 2 . LI M IT A TIO N ON LEN G THO F CERTAIN NONCOM P ETITI V E CONTRACTS. (a) C IV I L I AN A GE N CY C O N TR ACT S . — Section 3 03(d) of the Federal Property and Administrati v e Services Act of 1 9 49 (41 U.S.C. 253(d)) is amended by adding at the end the following new paragraph: ‘‘(3)(A) The contract period of a contract described in subpara- graph ( B ) that is entered into by an e x ecutive agency pursuant to the authority provided under subsection (c)(2)— ‘‘(i) may not exceed the time necessary— ‘‘( I ) to meet the unusual and compelling re q uirements of the work to be performed under the contract; and ‘‘(II) for the executive agency to enter into another contract for the required goods or services through the use of competitive procedures; and ‘‘(ii) may not exceed one year unless the head of the execu- tive agency entering into such contract determines that excep- tional circumstances apply. ‘‘(B) This paragraph applies to any contract in an amount greater than the simplified acquisition threshold.’’. (b) D E F ENSE CONTRACTS.—Section 2304(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3)(A) The contract period of a contract described in subpara- graph (B) that is entered into by an agency pursuant to the authority provided under subsection (c)(2)— ‘‘(i) may not exceed the time necessary— ‘‘(I) to meet the unusual and compelling requirements of the work to be performed under the contract; and ‘‘(II) for the agency to enter into another contract for the required goods or services through the use of competi- tive procedures; and ‘‘(ii) may not exceed one year unless the head of the agency entering into such contract determines that exceptional cir- cumstances apply. ‘‘(B) This paragraph applies to any contract in an amount greater than the simplified acquisition threshold.’’. Ap p licab ili ty. Applicability. C l e a n C o nt r actin g Act o f20 0 8 .
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