[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Page S5221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2943. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of VIII, insert the following:

     SEC. 829. LIMITATION ON AVAILABILITY OF FUNDS FOR CHILLER 
                   CLASS PROJECTS OF THE DEPARTMENT OF THE AIR 
                   FORCE.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2025 for the Air Force may be obligated or 
     expended to acquire goods or services under a non-competitive 
     justification and approval for the purposes of standardizing 
     the heating, ventilation, and air conditioning chillers at 
     installations of the Air Force until the date on which the 
     Secretary of Defense submits to the congressional defense 
     committees the certification described in subsection (b).
       (b) Certification Described.--The certification described 
     in this subsection is a certification that--
       (1) the Secretary of Defense has developed a methodology to 
     compare the cost of initially acquiring the heating, 
     ventilation, and air conditioning chillers and equipment 
     supporting such chillers for the purposes described in 
     subsection (a) under a non-competitive justification and 
     approval to the cost of initially acquiring such chillers and 
     equipment for such purposes using competitive procedures;
       (2) the Secretary of Defense has established metrics to 
     measure the effects of standardizing the heating, 
     ventilation, and air conditioning chillers at installations 
     of the Air Force, including the costs of training 
     technicians, any savings resulting from the ability of 
     employees of the Government to repair such chillers, the cost 
     of initially acquiring chillers and equipment supporting such 
     chillers for such purpose, and the life cycle costs of such 
     chillers; and
       (3) the Secretary of Defense has collected data 
     demonstrating that the use of procedures other than 
     competitive procedures to acquire chillers for the purposes 
     of standardizing the heating, ventilation, and air 
     conditioning chillers at installations of the Air Force has 
     resulted in lower life cycle costs compared to using 
     competitive procedures for such acquisitions.
       (c) Definitions.--In this section:
       (1) Competitive procedures.--The term ``competitive 
     procedures'' has the meaning given such term in section 3012 
     of title 10, United States Code.
       (2) Non-competitive justification and approval.--The term 
     ``non-competitive justification and approval'' means the 
     justification and approval required by section 3204(e)(1) of 
     title 10, United States Code, for the use of procedures other 
     than competitive procedures to award a contract.
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