(A) specify the incurred overhead a contractor may appropriately allocate to supplies referred to in that paragraph; and

(B) require the contractor to identify those supplies which it did not manufacture or to which it did not contribute significant value. (3) Such regulations shall not apply to an item of supply included in a contract or subcontract for which the price is based on established catalog or market prices of commercial items sold in substantial quantities to the general public.

(j)(1) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through meritbased selection procedures.

(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law

(A) specifically refers to this subsection; (B) specifically identifies the particular non-Federal Government entity involved; and (C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1).

(3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract.

(4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.

(Aug. 10, 1956, ch. 1041, 70A Stat. 128; Aug. 28, 1958, Pub. L. 85-800, § 8, 72 Stat. 967; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(12), 72 Stat. 1565; Sept. 10, 1962, Pub. L. 87-653, § 1(a)–(c), 76 Stat. 528; Mar. 16, 1968, Pub. L. 90-268, § 5, 82 Stat. 50; Sept. 20, 1968, Pub. L. 90-500, title IV, § 405, 82 Stat. 851; July 25, 1974, Pub. L. 93-356, § 4, 88 Stat. 390; Dec. 12, 1980, Pub. L. 96-513, title V, § 511(76), 94 Stat. 2926; Dec. 1, 1981, Pub. L. 97-86, title IX, § 907(a), 95 Stat. 1117; Oct. 12, 1982, Pub. L. 97-295, § 1(24), 96 Stat. 1290; Dec. 21, 1982, Pub. L. 97-375, title I, § 114, 96 Stat. 1821; July 18, 1984, Pub. L. 98-369, div. B, title VII, §§ 2723(a), 2727(b), 98 Stat. 1187, 1194; Oct. 30, 1984, Pub. L. 98-577, title V, § 504(b)(1), (2), 98 Stat. 3086; Nov. 8, 1985, Pub. L. 99-145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), 99 Stat. 703, 739; Oct. 18, 1986, Pub. L. 99-500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], 100 Stat. 1783–82, 1783-152, 1783-155, and Oct. 30, 1986, Pub. L. 99-591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], 100 Stat. 3341-82, 3341-152, 3341-155; Nov. 14, 1986, Pub. L. 99-661, div. A, title IX, formerly title IV, §§ 923(a)-(c), 927(a), title XIII, § 1343(a)(14), 100 Stat. 3932, 3935, 3993, renumbered title IX, Apr. 21, 1987, Pub. L. 100-26,

§ 3(5), 101 Stat. 273; Apr. 21, 1987, Pub. L. 100-26, § 7(d)(3), 101 Stat. 281; Sept. 29, 1988, Pub. L. 100-456, div. A, title VIII, § 803, 102 Stat. 2008; Nov. 29, 1989, Pub. L. 101-189, div. A, title VIII, §§ 812, 817, 818, 853(d), 103 Stat. 1493, 1501, 1502, 1519; Nov. 5, 1990, Pub. L. 101-510, div. A, title VIII, § 806(b), 104 Stat. 1592; Apr. 6, 1991, Pub. L. 102-25, title VII, § 701(d)(2), 105 Stat. 114; Oct. 23, 1992, Pub. L. 102-484, div. A, title VIII, §§ 801(h)(2), 816, title X, § 1052(23), 106 Stat. 2445, 2454, 2500; Nov. 30, 1993, Pub. L. 103-160, div. A, title IX, § 904(d)(1), 107 Stat. 1728; Oct. 13, 1994, Pub. L. 103-355, title I, §§ 1001-1003, 1004(b), 1005, title IV, § 4401(a), title VII, § 7203(a)(1), 108 Stat. 3249, 3253, 3254, 3347, 3379.)

In subsection (a)(1), the words "the period of" are omitted as surplusage.

In subsections (a)(4)-(10), and (12)-(15), the words "the purchase or contract is" are inserted for clarity. In subsection (a)(5), the words "to be rendered" are omitted as surplusage.

In subsection (a)(6), the words "its Territories" are inserted for clarity. The words "the limits of" are omitted as surplusage.

In subsection (a)(14), the words "and for which" are substituted for the word "when".

In subsection (a)(15), the words "and for which" are substituted for 41:151(c)(15) (1st 22 words of proviso). In subsection (a)(16), the words "to have" are substituted for the words "be made or kept".

In subsection (a)(17), the first 7 words are inserted for clarity.

In subsection (b), the words "shall be kept" are substituted for the words “shall be preserved in the files". The words "six years after the date" are substituted for the words "a period of six years following".

In subsection (c), the words "but such authorization shall be required in the same manner as heretofore" and "continental”, in 41:151(e), are omitted as surplusage.

In subsection (d), the words "before making" are substituted for the words "Whenever it is proposed to make".

In subsection (e), the words "beginning six months after the effective date of this chapter" are omitted as executed. The words "on May 19 and November 19 of each year" are substituted for the words "and at the end of each six-month period thereafter", since the effective date of the source statute was May 19, 1948, and the first report was made on November 19, 1948. The words "property and services covered by each contract" are substituted for the words "work required to be performed thereunder".

1958 ACT

The change is necessary to reflect the present Commonwealth status of Puerto Rico.

The Wagner-O'Day Act, referred to in subsec. (f)(2)(D), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables.

The Walsh-Healey Act (41 U.S.C. 35-45), referred to in subsec. (h)(1), is act June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is classified generally to sections 35 to 45 of Title 41. For complete classification of this Act to the Code, see Short Title note set out under section 35 of Title 41 and Tables. See also section 262 of Title 29, Labor.

The Davis-Bacon Act (40 U.S.C. 276a-276a-5), referred to in subsec. (h)(2), is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables.

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

1994-Subsec. (a)(1)(A). Pub. L. 103-355, § 1001(1), substituted "Federal Acquisition Regulation" for "modifications to regulations promulgated pursuant to section 2752 of the Competition in Contracting Act of 1984 (41 U.S.C. 403 note)".

Subsec. (bX1XD) to (F). Pub. L. 103–355, § 1002(a), added subpars. (D) to (F).

Subsec. (b)(4). Pub. L. 103–355, § 1002(b), added par. (4).

Subsec. (c)3XC). Pub. L. 103-355, § 1005, added subpar. (C).

Subsec. (c)5). Pub. L. 103-355, § 7203(aX1XA), inserted "subject to subsection (j)," after “(5)".

Subsec. (fX1XBXi). Pub. L. 103-355, § 1003, inserted before semicolon at end "or by an official referred to in clause (ii), (iii), or (iv)".

Subsec. (gX1). Pub. L. 103-355, §§ 1001(2), 4401(a)(1), substituted "Federal Acquisition Regulation" for “regulations modified in accordance with section 2752 of the Competition in Contracting Act of 1984 (41 U.S.C. 403 note)" and "purchases of property and services for amounts not greater than the simplified acquisition threshold" for “small purchases of property and services".

Subsec. (gX2). Pub. L. 103–355, § 4401(a)(4), substituted "simplified acquisition threshold" for "small purchase threshold" and "simplified procedures" for "small purchase procedures".

Pub. L. 103-355, § 4401(a)(2), (3), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "For the purposes of this subsection, a small purchase is a purchase or contract for an amount which does not exceed the small purchase threshold."

Subsec. (g)(3). Pub. L. 103-355, § 4401(a)(5), substituted "simplified procedures" for "small purchase procedures".

Pub. L. 103-355, § 4401(a)(3), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Subsec. (g)(4). Pub. L. 103-355, § 4401(a)(3), redesig. nated par. (4) as (3).

Subsec. (j). Pub. L. 103-355, § 7203(a)(1)(B), added subsec. (j).

Pub. L. 103-355, § 1004(b), struck out subsec. (j) which related to authority of Secretary of Defense to enter into master agreements for advisory and assist ance services.

1993-Subsec. (f)(1)(B)(iii), (iv), (6)(C). Pub. L. 103-160 substituted “Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".

1992-Subsec. (b)(2). Pub. L. 102-484, § 801(h)(2), substituted "section 2323 of this title" for "section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)".

Subsec. (j)(3)(A). Pub. L. 102-484, § 1052(23), substituted "section 8(d) of the Small Business Act (15 U.S.C. 637(d))" for "section 8(e) of the Small Business Act (15 U.S.C. 637(e))".

Subsec. (j)(5). Pub. L. 102-484, § 816, substituted "on September 30, 1994." for "at the end of the three-year period beginning on the date on which final regulations prescribed to carry out this subsection take effect."

1991-Subsec. (g)(2). Pub. L. 102-25, § 701(d)(2)(AX(i), substituted “subsection" for "chapter".

Subsec. (g)(5). Pub. L. 102-25, 701(d)(2)(A)(ii), struck out par. (5) which provided that in this subsection, the term "small purchase threshold" has the meaning given such term in section 403(11) of title 41. See section 2302(7) of this title.

Subsec. (j)(3)(A). Pub. L. 102-25, § 701(d)(2)(B), substituted "the small purchase threshold" for "$25,000". 1990-Subsec. (g). Pub. L. 101-510 substituted "the small purchase threshold" for "$25,000" in pars. (2) and (3) and added par. (5).

1989-Subsec. (b)(2). Pub. L. 101-189, § 853(d), substituted "The head of an agency" for "An executive agency" and "concerns other than" for "other than" and inserted before period at end "and concerns other than small business concerns, historically Black colleges and universities, and minority institutions in furtherance of section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)".

Subsec. (fX1XBXiii). Pub. L. 101-189, § 818(a)(1), (3), added cl. (iii). Former cl. (iii) redesignated (iv).

Subsec. (fX1XBXiv). Pub. L. 101-189, §818(a)(2), (cX1), redesignated cl. (iii) as (iv) and substituted "$50,000,000" for "$10,000,000" and "paragraph (6)(C)" for "paragraph (6)(B)”.

Subsec. (fX2XE). Pub. L. 101-189, § 817(a), added subpar. (E).

Subsec. (X4). Pub. L. 101-189, 817(b), inserted ", and any document prepared pursuant to paragraph (2XE)," after “any related information".

Subsec. (fX6XB). Pub. L. 101-189, § 818(b)(2), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (fX6XC). Pub. L. 101-189, § 818(bX1), (cX2), redesignated subpar. (B) as (C) and substituted “paragraph (1)(B)(iv)” for “paragraph (1)(BXiii)".

Subsec. (j). Pub. L. 101-189, § 812, added subsec. (j). 1988-Subsec. (fX1XBXii). Pub. L. 100-456, § 803(1), substituted "(or the head of the procuring activity's delegate designated pursuant to paragraph (6XA));" for "or a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule);".

Subsec. (fX1XBXiii). Pub. L. 100-456, § 803(2), inserted "or in the case of the Under Secretary of Defense for Acquisition, acting in his capacity as the senior

procurement executive for the Department of Defense, the Under Secretary's delegate designated pursuant to paragraph (6)(B)" before semicolon at end. Subsec. (f)(6). Pub. L. 100-456, § 803(3), added par. (6).

1987-Subsec. (a)(1)(A). Pub. L. 100-26, § 7(d)(3)(A), inserted "(41 U.S.C. 403 note)" after “Competition in Contracting Act of 1984".

Subsec. (f)(1)(C). Pub. L. 100-26, § 7(d)(3)(B), inserted "(41 U.S.C. 416)" after “Policy Act".

Subsec. (g)(1). Pub. L. 100-26, § 7(d)(3)(A), inserted "(41 U.S.C. 403 note)" after "Act of 1984".

1986-Subsec. (b)(2). Pub. L. 99-661, § 1343(a)(14), substituted "15 U.S.C. 638,” for “15 U.S.C. 639;"'.

Subsec. (c)(1). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 923(a)], Pub. L. 99-661, § 923(a), amended par. (1) identically, inserting "or only from a limited number of responsible sources".

Subsec. (d)(1)(A). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 923(b)), Pub. L. 99-661, § 923(b), amended subpar. (A) identically, substituting "a concept-" for "a unique and innovative concept", adding cl. (i), and designating provision relating to nonavailability to the United States and nonresemblance to a pending competitive procurement as cl. (ii).

Subsec. (d)(1)(B). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 923(c)], Pub. L. 99-661, § 923(c), amended subpar. (B) identically, inserting ", or the continued provision of highly specialized services, such property or services may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures" after "highly specialized equipment", inserted a one-em dash after "would result in", paragraphed cls. (i) and (ii), in cl. (i) substituted "competition;" for "competition.", and in cl. (ii) struck out “, such property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures" after "agency's needs". Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 927(a)], Pub. L. 99-661, § 927(a), amended section identically, adding subsec. (i).

1985-Subsec. (a)(1)(B). Pub. L. 99–145, § 1303(a)(13), substituted "procedures" for "krocedures".

Subsec. (f)(2). Pub. L. 99–145, § 961(a)(1), amended second sentence generally. Prior to amendment, second sentence read as follows: “The justification and approval required by paragraph (1) is not required in the case of a procurement permitted by subsection (c)(7) or in the case of a procurement conducted under

"(A) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act; or

"(B) the authority of section 8(a) of the Small Business Act (15 U.S.C. 637)."

1984-Pub. L. 98-369, § 2723(a), substituted "Contracts: competition requirements" for “Purchases and contracts: formal advertising; exceptions" in section catchline and struck out subsecs. (a) to (e) and (g) to (i), redesignated subsec. (f) as (h), and added new subsecs. (a) through (g), thereby removing the prior statutory preference for formal advertising and installing instead more competitive procurement procedures, including dual sourcing, but with provision for the use of other than competitive procedures in specified situations.

Subsec. (b)(2). Pub. L. 98-577, § 504(b)(1), substituted provisions to the effect that executive agencies may provide for procurement of property or services covered by this section using competitive procedures but excluding other than small business concerns for provisions which provided that executive agencies shall use competitive procedures but may restrict a solicitation to allow only small business concerns to compete. Subsec. (b)(3). Pub. L. 98–577, § 504(bX1), added par. (3).

Subsec. (f)(2). Pub. L. 98-577, § 504(b)(2), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (h). Pub. L. 98-369, § 2727(b), substituted "contracts awarded after using procedures other than

sealed-bid procedures shall be treated as if they were made with sealed bid procedures" for "contracts negotiated under this section shall be treated as if they were made with formal advertising”.

Pub. L. 98-369, § 2723(a)(1)(B), redesignated subsec. (f) as (h).

1982-Subsec. (a). Pub. L. 97-295, § 1(24)(A), inserted ", and shall be awarded on a competitive bid basis to the lowest responsible bidder," after "formal advertising".

Subsec. (e). Pub. L. 97-375 repealed subsec. (e) which directed that a report be made on May and November 19 of each year of purchases and contracts under cls. (11) and (16) of subsec. (a) since the last report, and that the report name each contractor, state the amount of each contract, and describe, with consideration of the national security, the property and services covered by each contract.

Subsec. (f)(1). Pub. L. 97–295, § 1(24)(B), substituted "Healey" for "Healy" after “Walsh-".

(i).

Subsec. (i). Pub. L. 97-295, § 1(24)(C), added subsec.

1981-Subsecs. (a)(3), (g). Pub. L. 97-86 substituted "$25,000" for “$10,000”.

1980-Subsec. (f). Pub. L. 96-513 substituted "(1) The Act entitled 'An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes', approved June 30, 1936 (commonly referred to as the 'WalshHealy Act') (41 U.S.C. 35-45).", for “(1) Sections 35-45 of title 41.", and "(2) The Act entitled ‘An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes', approved March 3, 1931 (commonly referred to as the 'Davis-Bacon Act') (40 U.S.C. 276a-276a-5)." for "(2) Sections 276a276a-5 of title 40.", and struck out "(3) Sections 324 and 325a of title 40".

1974-Subsec. (a)(3). Pub. L. 93-356, § 4(a), substituted "$10,000" for “$2,500".

Subsec. (g). Pub. L. 93-356, § 4(b), substituted "$10,000" for “$2,500”.

1968-Subsec. (g). Pub. L. 90-500 required that the proposals solicited from the maximum number of qualified sources, consistent with the nature and requirements of the supplies or services to be procured, include price.

Subsec. (h). Pub. L. 90-268 added subsec. (h).

1962-Subsec. (a). Pub. L. 87-653, § 1(a), (b), provided that formal advertising be used where feasible and practicable under existing conditions and circumstances, subjected the agency head to the requirements of section 2310 of this title before negotiating a contract where formal advertising is not feasible and practicable and, in par. (14), substituted "would be likely to result in additional cost to the Government by reason of duplication of investment or would result in duplication of necessary preparation which would unduly delay the procurement of the property:" for "and competitive bidding might require duplication of investment or preparation already made or would unduly delay the procurement of that property; or". Subsec. (g). Pub. L. 87-653, § 1(c), added subsec. (g). 1958-Subsec. (a). Pub. L. 85-861 included Commonwealths in cl. (6).

Pub. L. 85-800 substituted “$2,500” for “$1,000” in cl. (3) and inserted "or nonperishable" in cl. (9).

EFFECTIVE DATE OF 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 101(c) [title X, § 923(d)] of Pub. L. 99-500 and Pub. L. 99-591, and section 923(d) of title IX, for

merly title IV of Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that:

"(1) The amendment made by subsection (a) [amending this section] shall apply with respect to contracts for which solicitations are issued after the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 18, 1986).

"(2) The amendment made by subsection (b) [amending this section] shall apply with respect to contracts awarded on the basis of unsolicited research proposals after the end of the 180-day period beginning on the date of the enactment of this Act.

"(3) The amendments made by subsection (c) [amending this section] shall apply with respect to follow-on contracts awarded after the end of the 180day period beginning on the date of the enactment of this Act."

EFFECTIVE Date of 1985 Amendment

Section 961(e) of Pub. L. 99-145 provided that: "The amendments made by subsections (a) [amending this section and section 253 of Title 41, Public Contracts), (b) [amending section 2323 (now section 2343) of this title], and (c) [amending section 759 of Title 40, Public Buildings, Property, and Works] shall take effect as if included in the enactment of the Competition in Contracting Act of 1984 (title VII of division B of Public Law 98-369) [see Effective Date of 1985 Amendment note set out under section 251 of Title 41]."

EFFECTIVE Date of 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 1(h) of Pub. L. 87-653 provided that: "The amendments made by this Act [amending this section and sections 2306, 2310, and 2311 of this title] shall take effect on the first day of the third calendar month which begins after the date of enactment of this Act [Sept. 10, 1962]."

EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title.

PROVISIONS NOT AFFECTED BY PUB. L. 103-355 Repeal of prior subsec. (j) of this section by section 1004(b) of Pub. L. 103-355 not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under section 759 of Title 40, Public Buildings, Property, and Works, or subchapter VI (§ 541 et seq.) of chapter 10 of Title 40, see section 1004(d) of Pub. L. 103-355, set out as a note under section 2304a of this title.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.

AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR COMMERCIAL ACTIVITIES

Pub. L. 100-180, div. A, title XI, § 1111, Dec. 4, 1987, 101 Stat. 1146, provided that:

"(a) AUTHORITY.-The Secretary of Defense shall direct that the commander of each military installa tion (under regulations prescribed by the Secretary of Defense and subject to the authority, direction, and control of the Secretary) shall have the authority and the responsibility to carry out the following:

"(1) Prepare an inventory each fiscal year of commercial activities carried out by Government personnel on the military installation.

"(2) Decide which commercial activities shall be reviewed under the procedures and requirements of Office of Management and Budget Circular A-76 (or any successor administrative regulation or policy).

"(3) Conduct a solicitation for contracts for those commercial activities selected for conversion to contractor performance under the Circular A-76 proc

ess.

"(4) To the maximum extent practicable, assist in finding suitable employment for any employee of the Department of Defense who is displaced because of a contract entered into with a contractor for per formance of a commercial activity on the military installation.

"(b) DEADLINE FOR REGULATIONS.-The Secretary shall prescribe the regulations required by subsection (a) no later than 60 days after the date of the enact ment of this Act [Dec. 4, 1987).

"(c) DEFINITION.-In this section, the term 'military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam.

"(d) TERMINATION OF AUTHORITY.-The authority provided for commanders of military installations by subsection (a) shall terminate on October 1, 1989."

CONSTRUCTION OF 1984 AMENDMENT

Section 2723(c) of Pub. L. 98-369 provided that: "The amendments made by this section (amending this section and section 2305 of this title] do not supersede or affect the provisions of section 8(a) of the Small Business Act (15 U.S.C. 637(a))."

EVALUATION OF CONTRACTS FOR PROFESSIONAL AND TECHNICAL SERVICES

Section 804 of Pub. L. 100-456, as amended by Pub. L. 103-160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729, directed Secretary of Defense, within 120 days after Sept. 29, 1988, to establish criteria to ensure that proposals for contracts for professional and technical services be evaluated on a basis which does not encourage contractors to propose mandatory uncom pensated overtime for professional and technical em ployees and, within 30 days after Sept. 29, 1988, to establish an advisory committee to make recommenda tions on the criteria.

REGULATIONS ON USE OF FIXED-PRICE DEVELOPMENT CONTRACTS

Section 807 of Pub. L. 100-456, as amended by Pub. L. 103-160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729, provided that:

“(a) IN GENERAL,-(1) Not later than 120 days after the date of the enactment of this Act [Sept. 29, 1988], the Secretary of Defense shall revise the Department of Defense regulations that provide for the use of fixed-price type contracts in a development program. The regulations shall provide that a fixed-price contract may be awarded in such a program only if

"(A) the level of program risk permits realistic pricing; and

"(B) the use of a fixed-price contract permits an equitable and sensible allocation of program risk between the United States and the contractor.

"(2)(A) The regulations also shall provide that if a contract for development of a major system is to be awarded in an amount greater than $10,000,000, the contract may not be a firm fixed-price contract.

"(B) A waiver of the requirement prescribed in regulations under subparagraph (A) may be granted by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Technology, but only if the Secretary determines and states in writing that the award is consistent with the criteria specified in clauses (A) and (B) of paragraph (1) and the regulations prescribed under such paragraph. The Secretary may delegate the authority in the preceding sentence only to a person who holds a position in the Office of the Secretary of Defense at or above the level of Assistant Secretary of Defense.

"(b) DEFINITIONS.-In this section, the term 'major system' has the meaning given such term by section 2302(5) of such title.

“(C) EXPIRATION.-Paragraph (2) of subsection (a) shall cease to be effective two years after the date of the enactment of this Act [Sept. 29, 1988]."

PROHIBITION OF PURCHASE OF ANGOLAN PETROLEUM PRODUCTS FROM COMPANIES PRODUCING OIL IN ANGOLA

Section 842 of Pub. L. 102-484 provided that: "The prohibition in section 316 of the National Defense Authorization Act for Fiscal Year 1987 [Pub. L. 99-661] (100 Stat. 3855; 10 U.S.C. 2304 note) shall cease to be effective on the date on which the President certifies to Congress that free, fair, and democratic elections have taken place in Angola."

Section 316 of Pub. L. 99-661 provided that:

"(a) GENERAL RULE.-The Secretary of Defense may not enter into a contract with a company for the purchase of petroleum products which originated in Angola if the company (or a subsidiary or partnership of the company) is engaged in the production of petroleum products in Angola.

“(b) WAIVER AUTHORITY.-The Secretary of Defense may waive the limitation in subsection (a) if the Secretary determines that such action is in the best interest of the United States.

"(c) PETROLEUM PRODUCT DEFINED.-For purposes of this section, the term 'petroleum product' means— "(1) natural or synthetic crude;

"(2) blends of natural or synthetic crude; and "(3) products refined or derived from natural or synthetic crude or from such blends.

"(d) EFFECTIVE DATE.-This section shall take effect six months after the date of the enactment of this Act [Nov. 14, 1986]."

DEADLINE FOR PRESCRIBING RegulationS Section 101(c) [title X, § 927(b)] of Pub. L. 99-500 and Pub. L. 99-591, and section 927(b) of title IX, formerly title IV, of Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: "The Secretary of Defense shall prescribe the regulations required by section 2304(i) of such title (as added by subsection (a)) not later than 180 days after the date of the enactment of this Act [Oct. 18, 1986]."

ONE-YEAR SECURITY-GUARD PROHIBITION Section 1222(b) of Pub. L. 99-661 provided that:

"(1) Except as provided in paragraph (2), funds appropriated to the Department of Defense may not be obligated or expended before October 1, 1987, for the purpose of entering into a contract for the performance of security-guard functions at any military installation or facility.

“(2) The prohibition in paragraph (1) does not apply

"(A) to a contract to be carried out at a location outside the United States (including its common

wealths, territories, and possessions) at which military personnel would have to be used for the performance of the function described in paragraph (1) at the expense of unit readiness;

"(B) to a contract to be carried out on a Government-owned but privately operated installation;

"(C) to a contract (or the renewal of a contract) for the performance of a function under contract on September 24, 1983; or

"(D) to a contract for the performance of securityguard functions if (i) the requirement for the functions arises after the date of the enactment of this Act [Nov. 14, 1986], and (ii) the Secretary of Defense determines the functions can be performed by contractor personnel without adversely affecting installation security, safety, or readiness."

CONTRACTING OUT PERFormance of Department of DEFENSE Supply and SERVICE FUNCTIONS

Section 1223 of Pub. L. 99-661, which required Secretary to contract for Department of Defense supplies and services from private sector after a cost comparison demonstrates lower cost than Department of Defense can provide, and to ensure that overhead costs considered are realistic and fair, was repealed and restated in section 2462 of this title by Pub. L. 100-370, § 2(a)(1), (c)(3), July 19, 1988, 102 Stat. 853, 854. REPORTS ON SAVINGS OR COSTS FROM INCREASED USE OF CIVILIAN PERSONNEL

Section 1224 of Pub. L. 99–661, which required Secretary to maintain cost comparison data on performance of a commercial or industrial type activity taken over by Department of Defense comparing performance by employees of private contractor to that of civilian employees of Department of Defense, and to submit semi-annual report on savings or loss to United States, was repealed and restated in section 2463 of this title by Pub. L. 100-370, § 2(a)(1), (c)(3), July 19, 1988, 102 Stat. 853, 854.

Determination of President of the United States, No. 93-32, July 19, 1993, 58 F.R. 40309, provided:

Pursuant to the authority vested in me by Public Law 102-484, section 842 [set out as a note above], I hereby certify that free, fair, and democratic elections have taken place in Angola.

You are authorized and directed to report this determination to the Congress and publish it in the Federal Register.

WILLIAM J. CLINTON.

LIMITATIONS on ContractING PERFORMED BY COAST GUARD

Pub. L. 101-225, title II, § 205, Dec. 12, 1989, 103 Stat. 1912, provided that: “Notwithstanding any other provision of law, an officer or employee of the United States may not enter into a contract for procurement of performance of any function being performed by Coast Guard personnel as of January 1, 1989, before

“(1) a study has been performed by the Secretary of Transportation under the Office of Management and Budget Circular A-76 with respect to that procurement;

"(2) the Secretary of Transportation has performed a study, in addition to the study required by paragraph (1) of this subsection, to determine the impact of that procurement on the multimission capabilities of the Coast Guard; and

"(3) copies of the studies required by paragraphs (1) and (2) of this subsection are submitted to the Committee on Merchant Marine and Fisheries [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate."

Pub. L. 100-448, § 5, Sept. 28, 1988, 102 Stat. 1837, provided that:

"(a) MAINTENANCE OF LOGISTICS CAPABILITY.—