12 2 STA T .6 6 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 hasnotbe ens u b mi tte d o r that the c erti f ication re q uired b yp ara -g raph (1) ( E )isnotinc l uded in the report submitted as a condition for the public-pri v ate competition .T he ob j ection shall be in w riting and shall be submitted within 90 days after the following date
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‘(i) I n the case of a failure to submit the report when required , the date on which the representative individual or an official of the representative entity authori z ed to pose the objection first k new or should have known of that failure. ‘‘(ii) In the case of a failure to include the certification in a submitted report, the date on which the report was sub- mitted to C ongress. ‘‘( B )Iftheheadofthee x ecutive agency determines that the report required by paragraph (1) was not submitted or that the required certification was not included in the submitted report, the function for which the public-private competition was conducted for which the objection was submitted may not be the subject of a solicitation of offers for, or award of, a contract until, respec- tively, the report is submitted or a report containing the certification in full compliance with the certification requirement is submitted. ‘‘(d) E XEMPTIONF O R T H E PU R C H AS EOFPRO D UCTS AND S ER V ICES OFTHEB L IND AND O THER SEVEREL YH ANDICAPPED PERSONS. — This section shall not apply to a commercial or industrial type function of an executive agency that— ‘‘(1) is included on the procurement list established pursu- ant to section 2 of the J avits- W agner-O ’D ay A ct( 4 1 U .S.C. 4 7 )
or ‘‘(2) is planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped persons in accordance with that Act. ‘‘(e) INAPPLICA B ILITY DURIN G WAR OR EMERGENCY.—The provi- sions of this section shall not apply during war or during a period of national emergency declared by the President or Congress.’’. (b) CLERICAL AMENDMENT.—The table of sections in section 1(b) of such Act is amended by adding at the end the following new item: ‘ ‘ Sec.43 . Publi c -pr i vat ec om petitio n re q uire d be f ore conver s ion to contractor per- formance. ’ ’. SEC.328 .E XT E N S IO NO FAU T H O R IT Y FOR AR M YIN D USTRIA L FACILI - TIES TO EN G AGE IN COO P ERATI V E ACTIVITIES W ITH NON-ARMY ENTITIES. (a) EXTENSION OF AUTHORITY.—Section 4 5 44 of title 10, United States Code, is amended— (1) in subsection (a), by adding at the end the following: ‘‘This authority may be used to enter into not more than eight contracts or cooperative agreements.’’; and (2) in subsection (k), by striking ‘‘2009’’ and inserting ‘‘2014’’. (b) R EPORTS.— (1) ANNUAL REPORT ON USE OF AUTHORITY.—The Secretary of the Army shall submit to Congress at the same time the budget of the President is submitted to Congress for fiscal years 2009 through 201 6 under section 1105 of title 3 1, United States Code, a report on the use of the authority provided under section 4544 of title 10, United States Code. 10USC45 44 note.D e adli ne.
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