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Title 14 — Coast Guard

Chapter 11 — Acquisitions

§ 1107. Extension of major acquisition program contracts

Statutory text

(a)

In General.—

Notwithstanding section 1105(a)(2) of this title and section 2304 1 of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by extension of such contract without competition, if the Director of the Cost Analysis Division of the Department of Homeland Security determines that the costs that would be saved through award of a new contract in accordance with such sections would not exceed the costs of such an award.

(b)

Limitation on Number of Additional Units.—

The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made.

(c)

Determination of Costs Upon Request.—

The Director of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for purposes of this section—

(1)

the costs that would be saved through award of a new major acquisition program contract in accordance with section 1105(a)(2) for the acquisition of a number of additional units specified by the Secretary; and

(2)

the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award.

(d)

Number of Extensions.—

A contract may be extended under this section more than once.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VIII § 899(b)(1)(E) · 130 Stat. 2000

    Enacted · 14 U.S.C. § 1107

    Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 579

    Source evidence

    Code source credit
    Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 579

    Enacted provision · exact public law section
    (E) in subchapter II, by adding at the end the following: “§ 578. Role of Vice Commandant in major acquisition programs   “The Vice Commandant— “(1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasibility, and performance with respect to such program; and “(2) shall advise the Commandant in decisions regarding the balancing of resources against priorities, and associated trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program. “§ 579. Extension of major acquisition program contracts “(a) In General.— Notwithstanding section 564(a)(2) of this title and section 2304 of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by extension of such contract without competition, if the Director of the Cost Analysis Division of the Department of Homeland Security determines that the costs that would be saved through award of a new contract in accordance with such sections would not exceed the costs of such an award. “(b) Limitation on Number of Additional Units.— The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made. “(c) Determination of Costs Upon Request.— The Director of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for purposes of this section— “(1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 564(a)(2) for the acquisition of a number of additional units specified by the Secretary; and “(2) the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award. “(d) Number of Extensions.— A contract may be extended under this section more than once.” ; and

  2. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 108(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 1107

    Pub. L. 115–282, § 108(b), renumbered section 579 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 108(b), renumbered section 579 of this title as this section.

    Enacted provision · exact public law section
    (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 561Acquisition directorate1101 562Improvements in Coast Guard acquisition management1102 578Role of Vice Commandant in major acquisition programs1103 563Recognition of Coast Guard personnel for excellence in acquisition1104 564Prohibition on use of lead systems integrators1105 565Required contract terms1106 579Extension of major acquisition program contracts1107 566Department of Defense consultation1108 567Undefinitized contractual actions1109 569Mission need statement1110 571Identification of major system acquisitions1131 572Acquisition1132 573Preliminary development and demonstration1133 574Acquisition, production, deployment, and support1134 575Acquisition program baseline breach1135 576Acquisition approval authority1136 665Restriction on construction of vessels in foreign shipyards1151 577Advance procurement funding1152 96Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards1153 97Procurement of buoy chain1154 657Contract termination1155 581Definitions1171

  3. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    Substituted · 14 U.S.C. § 1107(a); 14 U.S.C. § 1107(c)(1)

    Pub. L. 115–282, § 123(b)(2), substituted “section 1105(a)(2)” for “section 564(a)(2)”

    Source evidence

    Code amendment note
    Subsecs. (a), (c)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 1105(a)(2)” for “section 564(a)(2)”.

    Enacted provision · exact public law section
    (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 2304 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), , 134 Stat. 4151, 4293, effective , with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (l) of section 2304 were transferred to various provisions in chapter 221 of this title, with the same effective date and conditions, by Pub. L. 116–283, div. A, title XVIII, § 1811(c)(2)–(5), (d)(2)–(9), , 134 Stat. 4165–4170.

Amendments

2018—Pub. L. 115–282, § 108(b), renumbered section 579 of this title as this section.

Subsecs. (a), (c)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 1105(a)(2)” for “section 564(a)(2)”.

Credits

2016–2018 · 2 acts
  1. 2016Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), , 130 Stat. 2334, § 579
  2. 2018renumbered § 1107 and amended Pub. L. 115–282, title I, §§ 108(b), 123(b)(2), , 132 Stat. 4208, 4240.
Show as published

(Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), , 130 Stat. 2334, § 579; renumbered § 1107 and amended Pub. L. 115–282, title I, §§ 108(b), 123(b)(2), , 132 Stat. 4208, 4240.)

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