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APPROPRIATIONS 137 PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3437
Act. For purposes of this subsection, the term ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’’, approved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a ‘‘Made in America’’ inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from con- tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Con- gress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality-competitive, and available in a timely fashion.
SEC. 8039. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting serv- ices entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure- ment determines—
(1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work; (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limita- tion shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense.
SEC. 8040. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that head- quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- case basis, if the Secretary determines, and certifies to the Commit- tees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel require- ments or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program; or
Definition.
Determination. Labeling. Fraud. Debarment.
Contracts. Determination.
Determination.
Waiver authority. Determination. Certification.