
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[Document affected by Public Law 107-107 Section 364]
[Document affected by Public Law 107-107 Section 823]
[Document affected by Public Law 107-107 Section 803]
[CITE: 10USC2304]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2304. Contracts: competition requirements

    (a)(1) Except as provided in subsections (b), (c), and (g) and 
except in the case of procurement procedures otherwise expressly 
authorized by statute, the head of an agency in conducting a procurement 
for property or services--
        (A) shall obtain full and open competition through the use of 
    competitive procedures in accordance with the requirements of this 
    chapter and the Federal Acquisition Regulation; and
        (B) shall use the competitive procedure or combination of 
    competitive procedures that is best suited under the circumstances 
    of the procurement.

    (2) In determining the competitive procedure appropriate under the 
circumstances, the head of an agency--
        (A) shall solicit sealed bids if--
            (i) time permits the solicitation, submission, and 
        evaluation of sealed bids;
            (ii) the award will be made on the basis of price and other 
        price-related factors;
            (iii) it is not necessary to conduct discussions with the 
        responding sources about their bids; and
            (iv) there is a reasonable expectation of receiving more 
        than one sealed bid; and

        (B) shall request competitive proposals if sealed bids are not 
    appropriate under clause (A).

    (b)(1) The head of an agency may provide for the procurement of 
property or services covered by this chapter using competitive 
procedures but excluding a particular source in order to establish or 
maintain an alternative source or sources of supply for that property or 
service if the head of the agency determines that to do so--
        (A) would increase or maintain competition and would likely 
    result in reduced overall costs for such procurement, or for any 
    anticipated procurement, of property or services;
        (B) would be in the interest of national defense in having a 
    facility (or a producer, manufacturer, or other supplier) available 
    for furnishing the property or service in case of a national 
    emergency or industrial mobilization;
        (C) would be in the interest of national defense in establishing 
    or maintaining an essential engineering, research, or development 
    capability to be provided by an educational or other nonprofit 
    institution or a federally funded research and development center;
        (D) would ensure the continuous availability of a reliable 
    source of supply of such property or service;
        (E) would satisfy projected needs for such property or service 
    determined on the basis of a history of high demand for the property 
    or service; or
        (F) in the case of medical supplies, safety supplies, or 
    emergency supplies, would satisfy a critical need for such supplies.

    (2) The head of an agency may provide for the procurement of 
property or services covered by this section using competitive 
procedures, but excluding concerns other than small business concerns in 
furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 
638, 644) and concerns other than small business concerns, historically 
Black colleges and universities, and minority institutions in 
furtherance of section 2323 of this title.
    (3) A contract awarded pursuant to the competitive procedures 
referred to in paragraphs (1) and (2) shall not be subject to the 
justification and approval required by subsection (f)(1).
    (4) A determination under paragraph (1) may not be made for a class 
of purchases or contracts.
    (c) The head of an agency may use procedures other than competitive 
procedures only when--
        (1) the property or services needed by the agency are available 
    from only one responsible source or only from a limited number of 
    responsible sources and no other type of property or services will 
    satisfy the needs of the agency;
        (2) the agency's need for the property or services is of such an 
    unusual and compelling urgency that the United States would be 
    seriously injured unless the agency is permitted to limit the number 
    of sources from which it solicits bids or proposals;
        (3) it is necessary to award the contract to a particular source 
    or sources in order (A) to maintain a facility, producer, 
    manufacturer, or other supplier available for furnishing property or 
    services in case of a national emergency or to achieve industrial 
    mobilization, (B) to establish or maintain an essential engineering, 
    research, or development capability to be provided by an educational 
    or other nonprofit institution or a federally funded research and 
    development center, or (C) to procure the services of an expert for 
    use, in any litigation or dispute (including any reasonably 
    foreseeable litigation or dispute) involving the Federal Government, 
    in any trial, hearing, or proceeding before any court, 
    administrative tribunal, or agency, or to procure the services of an 
    expert or neutral for use in any part of an alternative dispute 
    resolution or negotiated rulemaking process, whether or not the 
    expert is expected to testify;
        (4) the terms of an international agreement or a treaty between 
    the United States and a foreign government or international 
    organization, or the written directions of a foreign government 
    reimbursing the agency for the cost of the procurement of the 
    property or services for such government, have the effect of 
    requiring the use of procedures other than competitive procedures;
        (5) subject to subsection (k), a statute expressly authorizes or 
    requires that the procurement be made through another agency or from 
    a specified source, or the agency's need is for a brand-name 
    commercial item for authorized resale;
        (6) the disclosure of the agency's needs would compromise the 
    national security unless the agency is permitted to limit the number 
    of sources from which it solicits bids or proposals; or
        (7) the head of the agency--
            (A) determines that it is necessary in the public interest 
        to use procedures other than competitive procedures in the 
        particular procurement concerned, and
            (B) notifies the Congress in writing of such determination 
        not less than 30 days before the award of the contract.

    (d)(1) For the purposes of applying subsection (c)(1)--
        (A) in the case of a contract for property or services to be 
    awarded on the basis of acceptance of an unsolicited research 
    proposal, the property or services shall be considered to be 
    available from only one source if the source has submitted an 
    unsolicited research proposal that demonstrates a concept--
            (i) that is unique and innovative or, in the case of a 
        service, for which the source demonstrates a unique capability 
        of the source to provide the service; and
            (ii) the substance of which is not otherwise available to 
        the United States, and does not resemble the substance of a 
        pending competitive procurement; and

        (B) in the case of a follow-on contract for the continued 
    development or production of a major system or highly specialized 
    equipment, 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 when it is likely that award to a 
    source other than the original source would result in--
            (i) substantial duplication of cost to the United States 
        which is not expected to be recovered through competition; or
            (ii) unacceptable delays in fulfilling the agency's needs.

    (2) The authority of the head of an agency under subsection (c)(7) 
may not be delegated.
    (e) The head of an agency using procedures other than competitive 
procedures to procure property or services by reason of the application 
of subsection (c)(2) or (c)(6) shall request offers from as many 
potential sources as is practicable under the circumstances.
    (f)(1) Except as provided in paragraph (2), the head of an agency 
may not award a contract using procedures other than competitive 
procedures unless--
        (A) the contracting officer for the contract justifies the use 
    of such procedures in writing and certifies the accuracy and 
    completeness of the justification;
        (B) the justification is approved--
            (i) in the case of a contract for an amount exceeding 
        $500,000 (but equal to or less than $10,000,000), by the 
        competition advocate for the procuring activity (without further 
        delegation) or by an official referred to in clause (ii) or 
        (iii);
            (ii) in the case of a contract for an amount exceeding 
        $10,000,000 (but equal to or less than $50,000,000), by the head 
        of the procuring activity (or the head of the procuring 
        activity's delegate designated pursuant to paragraph (6)(A)); or
            (iii) in the case of a contract for an amount exceeding 
        $50,000,000, by the senior procurement executive of the agency 
        designated pursuant to section 16(3) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 414(3)) (without further 
        delegation) or in the case of the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics, 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); and

        (C) any required notice has been published with respect to such 
    contract pursuant to section 18 of the Office of Federal Procurement 
    Policy Act (41 U.S.C. 416) and all bids or proposals received in 
    response to that notice have been considered by the head of the 
    agency.

    (2) In the case of a procurement permitted by subsection (c)(2), the 
justification and approval required by paragraph (1) may be made after 
the contract is awarded. The justification and approval required by 
paragraph (1) is not required--
        (A) when a statute expressly requires that the procurement be 
    made from a specified source;
        (B) when the agency's need is for a brand-name commercial item 
    for authorized resale;
        (C) in the case of a procurement permitted by subsection (c)(7);
        (D) in the case of a procurement conducted under (i) the Javits-
    Wagner-O'Day Act (41 U.S.C. 46 et seq.), or (ii) section 8(a) of the 
    Small Business Act (15 U.S.C. 637(a)); or
        (E) in the case of a procurement permitted by subsection (c)(4), 
    but only if the head of the contracting activity prepares a document 
    in connection with such procurement that describes the terms of an 
    agreement or treaty, or the written directions, referred to in that 
    subsection that have the effect of requiring the use of procedures 
    other than competitive procedures.

    (3) The justification required by paragraph (1)(A) shall include--
        (A) a description of the agency's needs;
        (B) an identification of the statutory exception from the 
    requirement to use competitive procedures and a demonstration, based 
    on the proposed contractor's qualifications or the nature of the 
    procurement, of the reasons for using that exception;
        (C) a determination that the anticipated cost will be fair and 
    reasonable;
        (D) a description of the market survey conducted or a statement 
    of the reasons a market survey was not conducted;
        (E) a listing of the sources, if any, that expressed in writing 
    an interest in the procurement; and
        (F) a statement of the actions, if any, the agency may take to 
    remove or overcome any barrier to competition before a subsequent 
    procurement for such needs.

    (4) The justification required by paragraph (1)(A) and any related 
information, and any document prepared pursuant to paragraph (2)(E), 
shall be made available for inspection by the public consistent with the 
provisions of section 552 of title 5.
    (5) In no case may the head of an agency--
        (A) enter into a contract for property or services using 
    procedures other than competitive procedures on the basis of the 
    lack of advance planning or concerns related to the amount of funds 
    available to the agency for procurement functions; or
        (B) procure property or services from another agency unless such 
    other agency complies fully with the requirements of this chapter in 
    its procurement of such property or services.

The restriction contained in clause (B) is in addition to, and not in 
lieu of, any other restriction provided by law.
    (6)(A) The authority of the head of a procuring activity under 
paragraph (1)(B)(ii) may be delegated only to an officer or employee 
who--
        (i) if a member of the armed forces, is a general or flag 
    officer; or
        (ii) if a civilian, is serving in a position with a grade under 
    the General Schedule (or any other schedule for civilian officers or 
    employees) that is comparable to or higher than the grade of 
    brigadier general or rear admiral (lower half).

    (B) The authority of the Under Secretary of Defense for Acquisition, 
Technology, and Logistics under paragraph (1)(B)(iii) may be delegated 
only to--
        (i) an Assistant Secretary of Defense; or
        (ii) with respect to the element of the Department of Defense 
    (as specified in section 111(b) of this title), other than a 
    military department, carrying out the procurement action concerned, 
    an officer or employee serving in or assigned or detailed to that 
    element who--
            (I) if a member of the armed forces, is serving in a grade 
        above brigadier general or rear admiral (lower half); or
            (II) if a civilian, is serving in a position with a grade 
        under the General Schedule (or any other schedule for civilian 
        officers or employees) that is comparable to or higher than the 
        grade of major general or rear admiral.

    (g)(1) In order to promote efficiency and economy in contracting and 
to avoid unnecessary burdens for agencies and contractors, the Federal 
Acquisition Regulation shall provide for--
        (A) special simplified procedures for purchases of property and 
    services for amounts not greater than the simplified acquisition 
    threshold; and
        (B) special simplified procedures for purchases of property and 
    services for amounts greater than the simplified acquisition 
    threshold but not greater than $5,000,000 with respect to which the 
    contracting officer reasonably expects, based on the nature of the 
    property or services sought and on market research, that offers will 
    include only commercial items.

    (2) A proposed purchase or contract for an amount above the 
simplified acquisition threshold may not be divided into several 
purchases or contracts for lesser amounts in order to use the simplified 
procedures required by paragraph (1).
    (3) In using simplified procedures, the head of an agency shall 
promote competition to the maximum extent practicable.
    (4) The head of an agency shall comply with the Federal Acquisition 
Regulation provisions referred to in section 31(f) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 427).
    (h) For the purposes of the following laws, purchases or contracts 
awarded after using procedures other than sealed-bid procedures shall be 
treated as if they were made with sealed-bid procedures:
        (1) The Walsh-Healey Act (41 U.S.C. 35 et seq.).
        (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).

    (i)(1) The Secretary of Defense shall prescribe by regulation the 
manner in which the Department of Defense negotiates prices for supplies 
to be obtained through the use of procedures other than competitive 
procedures, as defined in section 2302(2) of this title.
    (2) The regulations required by paragraph (1) shall--
        (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) The Federal Acquisition Regulation shall ensure that the 
requirement to obtain full and open competition is implemented in a 
manner that is consistent with the need to efficiently fulfill the 
Government's requirements.
    (k)(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 merit-based 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; Pub. L. 85-800, Sec. 8, Aug. 
28, 1958, 72 Stat. 967; Pub. L. 85-861, Sec. 33(a)(12), Sept. 2, 1958, 
72 Stat. 1565; Pub. L. 87-653, Sec. 1(a)-(c), Sept. 10, 1962, 76 Stat. 
528; Pub. L. 90-268, Sec. 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90-500, 
title IV, Sec. 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93-356, 
Sec. 4, July 25, 1974, 88 Stat. 390; Pub. L. 96-513, title V, 
Sec. 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97-86, title IX, 
Sec. 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97-295, Sec. 1(24), 
Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97-375, title I, Sec. 114, Dec. 
21, 1982, 96 Stat. 1821; Pub. L. 98-369, div. B, title VII, 
Secs. 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98-
577, title V, Sec. 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 
99-145, title IX, Sec. 961(a)(1), title XIII, Sec. 1303(a)(13), Nov. 8, 
1985, 99 Stat. 703, 739; Pub. L. 99-500, Sec. 101(c) [title X, 
Secs. 923(a)-(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-152, 
1783-155, and Pub. L. 99-591, Sec. 101(c) [title X, Secs. 923(a)-(c), 
927(a)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-152, 3341-155; Pub. L. 
99-661, div. A, title IX, formerly title IV, Secs. 923(a)-(c), 927(a), 
title XIII, Sec. 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, 
renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 
273; Pub. L. 100-26, Sec. 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 
100-456, div. A, title VIII, Sec. 803, Sept. 29, 1988, 102 Stat. 2008; 
Pub. L. 101-189, div. A, title VIII, Secs. 812, 817, 818, 853(d), Nov. 
29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101-510, div. A, 
title VIII, Sec. 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102-25, 
title VII, Sec. 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102-484, 
div. A, title VIII, Secs. 801(h)(2), 816, title X, Sec. 1052(23), Oct. 
23, 1992, 106 Stat. 2445, 2454, 2500; Pub. L. 103-160, div. A, title IX, 
Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103-355, title I, 
Secs. 1001-1003, 1004(b), 1005, title IV, Sec. 4401(a), title VII, 
Sec. 7203(a)(1), Oct. 13, 1994, 108 Stat. 3249, 3253, 3254, 3347, 3379; 
Pub. L. 104-106, div. D, title XLI, Secs. 4101(a), 4102(a), title XLII, 
Sec. 4202(a)(1), title XLIII, Sec. 4321(b)(4), (5), Feb. 10, 1996, 110 
Stat. 642, 643, 652, 672; Pub. L. 104-320, Secs. 7(a)(1), 11(c)(1), Oct. 
19, 1996, 110 Stat. 3871, 3873; Pub. L. 105-85, div. A, title VIII, 
Secs. 841(b), 850(f)(3)(B), title X, Sec. 1073(a)(42), (43), Nov. 18, 
1997, 111 Stat. 1843, 1850, 1902; Pub. L. 106-65, div. A, title IX, 
Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2304(a)...............................  41:151(c) (less proviso of clause    Fe
b. 19, 1948, ch. 65, Secs.  2(b)
                                         (11) and proviso of clause (16)).    (
less 1st sentence), (c), (e),
                                        41:156(d).                            7
(d), 8, 62 Stat. 21, 22, 24.
2304(b)...............................
2304(c)...............................  41:151(e).
2304(d)...............................  41:151(b) (less 1st sentence).
2304(e)...............................  41:151(c) (proviso of clause (11)
                                         and proviso of clause (16)).
2304(f)...............................  41:157.
-------------------------------------------------------------------------------
---------------------------------

    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.

                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2304(a) (1st sentence)................  10:2304 (note).                      Ma
r. 16, 1967, Pub. L. 90-5, Sec.
                                                                              3
04, 81 Stat. 6.
2304(f)(1)............................  10:2304(f)(1).
2304(i)...............................  10:2304 (note).                      Se
pt. 21, 1977, Pub. L. 95-111,
                                                                              S
ec.  836, 91 Stat. 906.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``The Secretary of Defense is hereby 
directed that insofar as practicable all contracts shall be formally 
advertised'' are omitted as unnecessary because of 10:2304(a) (1st 
sentence).
    Subsection (f)(1) is amended to correct a mistake in spelling.
    In subsection (i)(1)(B), the words ``or States'' are omitted because 
of 1:1.

                       References in Text

    The Javits-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, 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 et seq. of Title 41, Public Contracts. 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

    1999--Subsec. (f)(1)(B)(iii), (6)(B). Pub. L. 106-65 substituted 
``Under Secretary of Defense for Acquisition, Technology, and 
Logistics'' for ``Under Secretary of Defense for Acquisition and 
Technology''.
    1997--Subsec. (c)(5). Pub. L. 105-85, Sec. 1073(a)(42), substituted 
``subsection (k)'' for ``subsection (j)''.
    Subsec. (f)(1)(B)(iii). Pub. L. 105-85, Sec. 1073(a)(43)(A), 
substituted ``(6)(B)'' for ``(6)(C)''.
    Subsec. (f)(2)(E). Pub. L. 105-85, Sec. 841(b), struck out ``and 
such document is approved by the competition advocate for the procuring 
activity'' after ``requiring the use of procedures other than 
competitive procedures''.
    Subsec. (f)(6)(B), (C). Pub. L. 105-85, Sec. 1073(a)(43)(B), 
redesignated subpar. (C) as (B), substituted ``paragraph (1)(B)(iii)'' 
for ``paragraph (1)(B)(iv)'' in introductory provisions, and struck out 
former subpar. (B), which read as follows: ``The authority of the senior 
procurement executive under paragraph (1)(B)(iii) may be delegated only 
to an officer or employee within the senior procurement executive's 
organization who--
        ``(i) if a member of the armed forces, is a general or flag 
    officer; or
        ``(ii) if a civilian, is serving in a position in grade GS-16 or 
    above (or in a comparable or higher position under any other 
    schedule for civilian officers or employees).''
    Subsec. (g)(4). Pub. L. 105-85, Sec. 850(f)(3)(B), substituted 
``31(f)'' for ``31(g)''.
    1996--Subsec. (c)(3)(C). Pub. L. 104-320 substituted ``agency, or to 
procure the services of an expert or neutral for use'' for ``agency, 
or'' and inserted ``or negotiated rulemaking'' after ``alternative 
dispute resolution''.
    Subsec. (f)(1)(B)(i). Pub. L. 104-106, Sec. 4102(a)(1), substituted 
``$500,000 (but equal to or less than $10,000,000)'' for ``$100,000 (but 
equal to or less than $1,000,000)'' and ``(ii) or (iii)'' for ``(ii), 
(iii), or (iv)''.
    Subsec. (f)(1)(B)(ii). Pub. L. 104-106, Sec. 4102(a)(2), substituted 
``$10,000,000 (but equal to or less than $50,000,000)'' for ``$1,000,000 
(but equal to or less than $10,000,000)'' and inserted ``or'' at end.
    Subsec. (f)(1)(B)(iii), (iv). Pub. L. 104-106, Sec. 4102(a)(3), (4), 
redesignated cl. (iv) as (iii) and struck out former cl. (iii) which 
read as follows: ``in the case of a contract for an amount exceeding 
$10,000,000 (but equal to or less than $50,000,000), by the senior 
procurement executive of the agency designated pursuant to section 16(3) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) or 
the senior procurement executive's delegate designated pursuant to 
paragraph (6)(B), or in the case of the Under Secretary of Defense for 
Acquisition and Technology, acting in his capacity as the senior 
procurement executive for the Department of Defense, the Under 
Secretary's delegate designated pursuant to paragraph (6)(C); or''.
    Subsec. (f)(2)(D). Pub. L. 104-106, Sec. 4321(b)(4), substituted 
``the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.),'' for ``the Act of 
June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the 
Wagner-O'Day Act,''.
    Subsec. (g)(1). Pub. L. 104-106, Sec. 4202(a)(1)(A), substituted 
``shall provide for--'' and subpars. (A) and (B) for ``shall provide for 
special simplified procedures for purchases of property and services for 
amounts not greater than the simplified acquisition threshold.''
    Subsec. (g)(4). Pub. L. 104-106, Sec. 4202(a)(1)(B), added par. (4).
    Subsec. (h)(1). Pub. L. 104-106, Sec. 4321(b)(5), added par. (1) and 
struck out former par. (1) which read as follows: ``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 `Walsh-Healey Act') (41 U.S.C. 35-
45).''
    Subsecs. (j), (k). Pub. L. 104-106, Sec. 4101(a), added subsec. (j) 
and redesignated former subsec. (j) as (k).
    1994--Subsec. (a)(1)(A). Pub. L. 103-355, Sec. 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. (b)(1)(D) to (F). Pub. L. 103-355, Sec. 1002(a), added 
subpars. (D) to (F).
    Subsec. (b)(4). Pub. L. 103-355, Sec. 1002(b), added par. (4).
    Subsec. (c)(3)(C). Pub. L. 103-355, Sec. 1005, added subpar. (C).
    Subsec. (c)(5). Pub. L. 103-355, Sec. 7203(a)(1)(A), inserted 
``subject to subsection (j),'' after ``(5)''.
    Subsec. (f)(1)(B)(i). Pub. L. 103-355, Sec. 1003, inserted before 
semicolon at end ``or by an official referred to in clause (ii), (iii), 
or (iv)''.
    Subsec. (g)(1). Pub. L. 103-355, Secs. 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. (g)(2). Pub. L. 103-355, Sec. 4401(a)(4), substituted 
``simplified acquisition threshold'' for ``small purchase threshold'' 
and ``simplified procedures'' for ``small purchase procedures''.
    Pub. L. 103-355, Sec. 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, Sec. 4401(a)(5), substituted 
``simplified procedures'' for ``small purchase procedures''.
    Pub. L. 103-355, Sec. 4401(a)(3), redesignated par. (4) as (3). 
Former par. (3) redesignated (2).
    Subsec. (g)(4). Pub. L. 103-355, Sec. 4401(a)(3), redesignated par. 
(4) as (3).
    Subsec. (j). Pub. L. 103-355, Sec. 7203(a)(1)(B), added subsec. (j).
    Pub. L. 103-355, Sec. 1004(b), struck out subsec. (j) which related 
to authority of Secretary of Defense to enter into master agreements for 
advisory and assistance 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, Sec. 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, Sec. 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, Sec. 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, Sec. 701(d)(2)(A)(i), 
substituted ``subsection'' for ``chapter''.
    Subsec. (g)(5). Pub. L. 102-25, Sec. 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, Sec. 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, Sec. 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. (f)(1)(B)(iii). Pub. L. 101-189, Sec. 818(a)(1), (3), added 
cl. (iii). Former cl. (iii) redesignated (iv).
    Subsec. (f)(1)(B)(iv). Pub. L. 101-189, Sec. 818(a)(2), (c)(1), 
redesignated cl. (iii) as (iv) and substituted ``$50,000,000'' for 
``$10,000,000'' and ``paragraph (6)(C)'' for ``paragraph (6)(B)''.
    Subsec. (f)(2)(E). Pub. L. 101-189, Sec. 817(a), added subpar. (E).
    Subsec. (f)(4). Pub. L. 101-189, Sec. 817(b), inserted ``, and any 
document prepared pursuant to paragraph (2)(E),'' after ``any related 
information''.
    Subsec. (f)(6)(B). Pub. L. 101-189, Sec. 818(b)(2), added subpar. 
(B). Former subpar. (B) redesignated (C).
    Subsec. (f)(6)(C). Pub. L. 101-189, Sec. 818(b)(1), (c)(2), 
redesignated subpar. (B) as (C) and substituted ``paragraph (1)(B)(iv)'' 
for ``paragraph (1)(B)(iii)''.
    Subsec. (j). Pub. L. 101-189, Sec. 812, added subsec. (j).
    1988--Subsec. (f)(1)(B)(ii). Pub. L. 100-456, Sec. 803(1), 
substituted ``(or the head of the procuring activity's delegate 
designated pursuant to paragraph (6)(A));'' 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. (f)(1)(B)(iii). Pub. L. 100-456, Sec. 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, Sec. 803(3), added par. (6).
    1987--Subsec. (a)(1)(A). Pub. L. 100-26, Sec. 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, Sec. 7(d)(3)(B), inserted ``(41 
U.S.C. 416)'' after ``Policy Act''.
    Subsec. (g)(1). Pub. L. 100-26, Sec. 7(d)(3)(A), inserted ``(41 
U.S.C. 403 note)'' after ``Act of 1984''.
    1986--Subsec. (b)(2). Pub. L. 99-661, Sec. 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, Sec. 101(c) 
[Sec. 923(a)], Pub. L. 99-661, Sec. 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, Sec. 101(c) 
[Sec. 923(b)], Pub. L. 99-661, Sec. 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, Sec. 101(c) 
[Sec. 923(c)], Pub. L. 99-661, Sec. 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, Sec. 101(c) 
[Sec. 927(a)], Pub. L. 99-661, Sec. 927(a), amended section identically, 
adding subsec. (i).
    1985--Subsec. (a)(1)(B). Pub. L. 99-145, Sec. 1303(a)(13), 
substituted ``procedures'' for ``krocedures''.
    Subsec. (f)(2). Pub. L. 99-145, Sec. 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, Sec. 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, Sec. 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, Sec. 504(b)(1), added par. (3).
    Subsec. (f)(2). Pub. L. 98-577, Sec. 504(b)(2), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (h). Pub. L. 98-369, Sec. 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, Sec. 2723(a)(1)(B), redesignated subsec. (f) as (h).
    1982--Subsec. (a). Pub. L. 97-295, Sec. 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, Sec. 1(24)(B), substituted 
``Healey'' for ``Healy'' after ``Walsh-''.
    Subsec. (i). Pub. L. 97-295, Sec. 1(24)(C), added subsec. (i).
    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 `Walsh-Healy 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 276a--276a-5 
of title 40.'', and struck out ``(3) Sections 324 and 325a of title 
40''.
    1974--Subsec. (a)(3). Pub. L. 93-356, Sec. 4(a), substituted 
``$10,000'' for ``$2,500''.
    Subsec. (g). Pub. L. 93-356, Sec. 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, Sec. 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, Sec. 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 1997 Amendment

    Amendment by section 850(f)(3)(B) of Pub. L. 105-85 effective 180 
days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out 
as a note under section 2302c of this title.


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendments by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under 
section 251 of Title 41, Public Contracts.


                    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, Sec. 923(d)] of Pub. L. 99-500 and Pub. L. 
99-591, and section 923(d) of title IX, formerly title IV of Pub. L. 99-
661, renumbered title IX, Pub. L. 100-26, Sec. 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 180-day 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.


                     Construction of 1994 Amendment

    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 
former section 759 of Title 40, Public Buildings, Property, and Works, 
or subchapter VI (Sec. 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.


                     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)).''


 Requirement To Disregard Certain Agreements in Awarding Contracts for 
                   Purchase of Firearms or Ammunition

    Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 826], Oct. 30, 
2000, 114 Stat. 1654, 1654A-220, provided that: ``In accordance with the 
requirements contained in the amendments enacted in the Competition in 
Contracting Act of 1984 (title VII of division B of Public Law 98-369; 
98 Stat. 1175) [see Short Title of 1984 Amendments note set out under 
section 251 of Title 41, Public Contracts], the Secretary of Defense may 
not, in awarding a contract for the purchase of firearms or ammunition, 
take into account whether a manufacturer or vendor of firearms or 
ammunition is a party to an agreement under which the manufacturer or 
vendor agrees to adopt limitations with respect to importing, 
manufacturing, or dealing in firearms or ammunition in the commercial 
market.''


                               GAO Report

    Pub. L. 106-65, div. A, title VIII, Sec. 806(b), Oct. 5, 1999, 113 
Stat. 705, provided that: ``Not later than March 1, 2001, the 
Comptroller General shall submit to Congress an evaluation of the test 
program authorized by the provisions in section 4202 of the Clinger-
Cohen Act of 1996 [Pub. L. 104-106, amending this section, section 2305 
of this title, and sections 253, 253a, 416, and 427 of Title 41, Public 
Contracts, and enacting provisions set out as a note below], together 
with any recommendations that the Comptroller General considers 
appropriate regarding the test program or the use of special simplified 
procedures for purchases of commercial items in excess of the simplified 
acquisition threshold.''


                 Procurement of Conventional Ammunition

    Pub. L. 105-261, div. A, title VIII, Sec. 806, Oct. 17, 1998, 112 
Stat. 2084, provided that:
    ``(a) Authority.--The official in the Department of Defense 
designated as the single manager for conventional ammunition in the 
Department shall have the authority to restrict the procurement of 
conventional ammunition to sources within the national technology and 
industrial base in accordance with the authority in section 2304(c) of 
title 10, United States Code.
    ``(b) Requirement.--The official in the Department of Defense 
designated as the single manager for conventional ammunition in the 
Department of Defense shall limit a specific procurement of ammunition 
to sources within the national technology and industrial base in 
accordance with section 2304(c)(3) of title 10, United States Code, in 
any case in which that manager determines that such limitation is 
necessary to maintain a facility, producer, manufacturer, or other 
supplier available for furnishing an essential item of ammunition or 
ammunition component in cases of national emergency or to achieve 
industrial mobilization.
    ``(c) Conventional Ammunition Defined.--For purposes of this 
section, the term `conventional ammunition' has the meaning given that 
term in Department of Defense Directive 5160.65, dated March 8, 1995.''


                 Warranty Claims Recovery Pilot Program

    Section 391 of Pub. L. 105-85, as amended by Pub. L. 106-65, div. A, 
title III, Sec. 382, Oct. 5, 1999, 113 Stat. 583, provided that:
    ``(a) Pilot Program Required.--The Secretary of Defense may carry 
out a pilot program to use commercial sources of services to improve the 
collection of Department of Defense claims under aircraft engine 
warranties.
    ``(b) Contracts.--Exercising the authority provided in section 3718 
of title 31, United States Code, the Secretary of Defense may enter into 
contracts under the pilot program to provide for the following services:
        ``(1) Collection services.
        ``(2) Determination of amounts owed the Department of Defense 
    for repair of aircraft engines for conditions covered by warranties.
        ``(3) Identification and location of the sources of information 
    that are relevant to collection of Department of Defense claims 
    under aircraft engine warranties, including electronic data bases 
    and document filing systems maintained by the Department of Defense 
    or by the manufacturers and suppliers of the aircraft engines.
        ``(4) Services to define the elements necessary for an effective 
    training program to enhance and improve the performance of 
    Department of Defense personnel in collecting and organizing 
    documents and other information that are necessary for efficient 
    filing, processing, and collection of Department of Defense claims 
    under aircraft engine warranties.
    ``(c) Contractor Fee.--Under the authority provided in section 
3718(d) of title 31, United States Code, a contract entered into under 
the pilot program shall provide for the contractor to be paid, out of 
the amount recovered by the contractor under the program, such 
percentages of the amount recovered as the Secretary of Defense 
determines appropriate.
    ``(d) Retention of Recovered Funds.--Subject to any obligation to 
pay a fee under subsection (c), any amount collected for the Department 
of Defense under the pilot program for a repair of an aircraft engine 
for a condition covered by a warranty shall be credited to an 
appropriation available for repair of aircraft engines for the fiscal 
year in which collected and shall be available for the same purposes and 
same period as the appropriation to which credited.
    ``(e) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.
    ``(f) Termination of Authority.--The pilot program shall terminate 
on September 30, 2000, and contracts entered into under this section 
shall terminate not later than that date.
    ``(g) Reporting Requirements.--(1) Not later than January 1, 2001, 
the Secretary of Defense shall submit to Congress a report on the pilot 
program. The report shall include the following:
        ``(A) The number of contracts entered into under the program.
        ``(B) The extent to which the services provided under the 
    contracts resulted in financial benefits for the Federal Government.
        ``(C) Any additional comments and recommendations that the 
    Secretary considers appropriate regarding use of commercial sources 
    of services for collection of Department of Defense claims under 
    aircraft engine warranties.
    ``(2) Not later than March 1, 2001, the Comptroller General shall 
submit to Congress a report containing the results of a review by the 
Comptroller General of the pilot program. In the review, the Comptroller 
General shall--
        ``(A) assess the success of the methods used in the 
    demonstration program to identify and recover Department of Defense 
    claims under aircraft engine warranties;
        ``(B) determine the total amount recovered by the Department of 
    Defense under the pilot program;
        ``(C) evaluate the report prepared by the Secretary under 
    paragraph (1); and
        ``(D) develop recommendations for improving the process by which 
    warranty claims are recovered by the Department of Defense.''


                Requirements Relating to Micro-Purchases

    Section 848 of Pub. L. 105-85 provided that:
    ``(a) Requirement.--(1) Not later than October 1, 1998, at least 60 
percent of all eligible purchases made by the Department of Defense for 
an amount less than the micro-purchase threshold shall be made through 
streamlined micro-purchase procedures.
    ``(2) Not later than October 1, 2000, at least 90 percent of all 
eligible purchases made by the Department of Defense for an amount less 
than the micro-purchase threshold shall be made through streamlined 
micro-purchase procedures.
    ``(b) Eligible Purchases.--The Secretary of Defense shall establish 
which purchases are eligible for purposes of subsection (a). In 
establishing which purchases are eligible, the Secretary may exclude 
those categories of purchases determined not to be appropriate or 
practicable for streamlined micro-purchase procedures.
    ``(c) Plan.--Not later than March 1, 1998, the Secretary of Defense 
shall provide to the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of Representatives a plan to 
implement this section.
    ``(d) Report.--Not later than March 1 in each of the years 1999, 
2000, and 2001, the Secretary of Defense shall submit to the 
congressional defense committees [Committees on Armed Services and 
Appropriations of Senate and House of Representatives] a report on the 
implementation of this section. Each report shall include--
        ``(A) the total dollar amount of all Department of Defense 
    purchases for an amount less than the micro-purchase threshold in 
    the fiscal year preceding the year in which the report is submitted;
        ``(B) the total dollar amount of such purchases that were 
    considered to be eligible purchases;
        ``(C) the total amount of such eligible purchases that were made 
    through a streamlined micro-purchase method; and
        ``(D) a description of the categories of purchases excluded from 
    the definition of eligible purchases established under subsection 
    (b).
    ``(e) Definitions.--In this section:
        ``(1) The term `micro-purchase threshold' has the meaning 
    provided in section 32 of the Office of Federal Procurement Policy 
    Act (41 U.S.C. 428).
        ``(2) The term `streamlined micro-purchase procedures' means 
    procedures providing for the use of the Government-wide commercial 
    purchase card or any other method for carrying out micro-purchases 
    that the Secretary of Defense prescribes in the regulations 
    implementing this subsection.''


    Termination of Authority To Issue Solicitations for Purchases of 
     Commercial Items in Excess of Simplified Acquisition Threshold

    Section 4202(e) of Pub. L. 104-106, as amended by Pub. L. 106-65, 
div. A, title VIII, Sec. 806(a), Oct. 5, 1999, 113 Stat. 705, provided 
that: ``The authority to issue solicitations for purchases of commercial 
items in excess of the simplified acquisition threshold pursuant to the 
special simplified procedures authorized by section 2304(g)(1) of title 
10, United States Code, section 303(g)(1) of the Federal Property and 
Administrative Services Act of 1949 [41 U.S.C. 253(g)(1)], and section 
31(a) of the Office of Federal Procurement Policy Act [41 U.S.C. 
427(a)], as amended by this section, shall expire January 1, 2002. 
Contracts may be awarded pursuant to solicitations that have been issued 
before such authority expires, notwithstanding the expiration of such 
authority.''


         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, 
Sec. 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, Sec. 1111, Dec. 4, 1987, 101 
Stat. 1146, provided that:
    ``(a) Authority.--The Secretary of Defense shall direct that the 
commander of each military installation (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 process.
        ``(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 performance 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 enactment 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.''


     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, Sec. 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 uncompensated overtime for professional 
and technical employees and, within 30 days after Sept. 29, 1988, to 
establish an advisory committee to make recommendations on the criteria.


         Regulations On Use of Fixed-Price Development Contracts

    Pub. L. 100-456, div. A, title VIII, Sec. 807, Sept. 29, 1988, 102 
Stat. 2011, as amended by Pub. L. 103-160, div. A, title IX, 
Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729, provided that not later than 
120 days after Sept. 29, 1988, the Secretary of Defense was to make 
certain revisions to the Department of Defense regulations that provide 
for the use of fixed-price type contracts in a development program.


  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.''
    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.
    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, Sec. 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, Sec. 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 commonwealths, 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 security-guard 
    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, Sec. 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, Sec. 2(a)(1), (c)(3), July 19, 1988, 102 Stat. 
853, 854.


           Limitations on Contracting Performed by Coast Guard

    Pub. L. 101-225, title II, Sec. 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, Sec. 5, Sept. 28, 1988, 102 Stat. 1837, as amended 
by Pub. L. 104-66, title I, Sec. 1121(b), Dec. 21, 1995, 109 Stat. 724, 
provided that:
    ``(a) Maintenance of Logistics Capability.--
        ``(1) Statement of national interest.--It is in the national 
    interest for the Coast Guard to maintain a logistics capability 
    (including personnel, equipment, and facilities) to provide a ready 
    and controlled source of technical competence and resources 
    necessary to ensure the effective and timely performance of Coast 
    Guard missions in behalf of the security, safety, and economic and 
    environmental well-being of the United States.
        ``[(2) Repealed. Pub. L. 104-66, title I, Sec. 1121(b), Dec. 21, 
    1995, 109 Stat. 724.]
    ``[(b) Repealed. Pub. L. 104-66, title I, Sec. 1121(b), Dec. 21, 
1995, 109 Stat. 724.]
    ``(c) Submisison [sic] of List of Activities Contracted for 
Performance.--At least 30 days before the beginning of each fiscal year, 
the Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant Marine and 
Fisheries [now Committee on Transportation and Infrastructure] of the 
House of Representatives a list of activities that will be contracted 
for performance by non-Government personnel under the procedures of 
Office of Management and Budget Circular A-76 during that fiscal year.
    ``(d) Employment of Local Residents To Perform Contracts.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    each contract awarded by the Coast Guard in fiscal years 1988 and 
    1989 for construction or services to be performed in whole or in 
    part in a State which has an unemployment rate in excess of the 
    national average rate of unemployment (as determined by the 
    Secretary of Labor) shall include a provision requiring the 
    contractor to employ, for the purpose of performing that portion of 
    the contract in that State, individuals who are local residents and 
    who, in the case of any craft or trade, possess or would be able to 
    acquire promptly the necessary skills. The Secretary of the 
    department in which the Coast Guard is operating may waive this 
    subsection in the interest of national security or economic 
    efficiency.
        ``(2) Local resident defined.--As used in this subsection, the 
    term `local resident' means a resident of a State described in 
    paragraph (1), and any individual who commutes daily to a State 
    described in paragraph (1).''
    Similar provisions were contained in the following prior 
authorization act:
    Pub. L. 99-640, Sec. 5, Nov. 10, 1986, 100 Stat. 3546.


               Contracted Advisory and Assistance Services

    Section 918 of Pub. L. 99-145, which provided that Secretary of 
Defense require each military department to establish accounting 
procedure to aid in control of expenditures for contracted advisory and 
assistance services, prescribe regulations to identify such services and 
which services are in direct support of a weapons system, consider 
specific list of factors in prescribing regulations, and identify total 
amount requested and separate category amount requested in budget 
documents for Department of Defense presented to Congress, was repealed 
and restated in section 2212 of this title by Pub. L. 100-370, 
Sec. 1(d)(2), July 19, 1988, 102 Stat. 842.


              Assignment of Principal Contracting Officers

    Section 925 of Pub. L. 99-145 required Secretary of Defense to 
develop a policy regarding mobility and regular rotation of principal 
administrative and corporate administrative contracting officers in 
Department of Defense and to report to Committees on Armed Services of 
Senate and House of Representatives not later than January 1, 1986, on 
such policy, prior to repeal by Pub. L. 101-510, div. A, title XII, 
Sec. 1207(a), Nov. 5, 1990, 104 Stat. 1665.


Prohibition on Felons Convicted of Defense-Contract-Related Felonies and 
      Penalty on Employment of Such Persons by Defense Contractors

    Pub. L. 99-145, title IX, Sec. 932, Nov. 8, 1985, 99 Stat. 699, 
prohibited certain felons from working on defense contracts and 
penalized employment of such persons by defense contractors, prior to 
repeal by Pub. L. 99-500, Sec. 101(c) [title X, Sec. 941(b)], Oct. 18, 
1986, 100 Stat. 1783-82, 1783-162, and Pub. L. 99-591, Sec. 101(c) 
[title X, Sec. 941(b)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-162; Pub. 
L. 99-661, div. A, title IX, formerly title IV, Sec. 941(b), Nov. 14, 
1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100-26, Sec. 3(5), 
Apr. 21, 1987, 101 Stat. 273.


 Reimbursement, Interest Charges, and Penalties for Overpayments Due to 
                          Cost and Pricing Data

    Pub. L. 99-145, title IX, Sec. 934(a), Nov. 8, 1985, 99 Stat. 700, 
which provided for interest payments and penalties for overpayments due 
to faulty cost and pricing data, was repealed by Pub. L. 99-500, 
Sec. 101(c) [title X, Sec. 952(b)(2), (d)], Oct. 18, 1986, 100 Stat. 
1783-82, 1783-169, and Pub. L. 99-591, Sec. 101(c) [title X, 
Sec. 952(b)(2), (d)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-169; Pub. 
L. 99-661, div. A, title IX, formerly title IV, Sec. 952(b)(2), (d), 
Nov. 14, 1986, 100 Stat. 3949, renumbered title IX, Pub. L. 100-26, 
Sec. 3(5), Apr. 21, 1987, 101 Stat. 273, effective with respect to 
contracts or modifications on contracts entered into after the end of 
the 120-day period beginning on Oct. 18, 1986.


          Personnel for Performance of Services and Activities

    Pub. L. 99-145, title XII, Sec. 1233, Nov. 8, 1985, 99 Stat. 734, 
related to services and activities to be performed by non-Government 
personnel, prior to repeal by Pub. L. 99-661, div. A, title XII, 
Sec. 1222(c), Nov. 14, 1986, 100 Stat. 3977.


         Limitation on Contracting-Out Core Logistics Functions

    Section 1231(a)-(e) of Pub. L. 99-145 declared that certain 
specifically described functions of the Department of Defense shall be 
deemed logistics activities necessary to maintain the logistics 
capability described in section 307(a)(1) of Pub. L. 98-525, formerly 
set out below; contained a description of the functions, i.e., depot-
level maintenance of mission-essential materiel at specifically located 
activities of the Army, the Navy, the Marine Corps, the Air Force, the 
Defense Logistics Agency, and the Defense Mapping Agency; included 
certain matters within the specified functions and excluded certain 
functions; and defined ``mission-essential materiel'' as related to such 
functions.
    Section 307 of Pub. L. 98-525, as amended by Pub. L. 99-145, title 
XII, Sec. 1231(f), Nov. 8, 1985, 99 Stat. 733, which prohibited 
contracting to non-Government personnel of logistics activities 
necessary for effective response to national emergencies unless 
Secretary waives such prohibition after a determination that Government 
performance of such activity is no longer required for national defense 
reasons, and reports to Congress on waiver, was repealed and restated in 
section 2464 of this title by Pub. L. 100-370, Sec. 2(a)(1), (c)(2), 
July 19, 1988, 102 Stat. 853, 854.


           Shipbuilding Claims for Contract Price Adjustments

    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8078], Oct. 
12, 1984, 98 Stat. 1904, 1938, prohibited expenditure of funds to adjust 
any contract price in any shipbuilding claim, request for equitable 
adjustment, or demand for payment incurred due to the preparation, 
submission, or adjudication of any such shipbuilding claim, request, or 
demand under a contract entered into after Oct. 12, 1984, arising out of 
events occurring more than eighteen months prior to the submission of 
such shipbuilding claim, request, or demand, prior to repeal by Pub. L. 
100-370, Sec. 1(p)(2), July 19, 1988, 102 Stat. 851.
    Pub. L. 98-212, title VII, Sec. 787, Dec. 8, 1983, 97 Stat. 1453, 
which contained similar provisions relating to shipbuilding claims for 
contract price adjustments, was repealed and restated in section 2405 of 
this title by Pub. L. 98-525, title XII, Sec. 1234(a), (b)(2), Oct. 19, 
1984, 98 Stat. 2604, effective Oct. 19, 1984.


    Weapon System Guarantees; Government-as-Source Exception; Waiver

    Pub. L. 98-212, title VII, Sec. 794, Dec. 8, 1983, 97 Stat. 1454, 
provided for weapon system guarantees, Government-as-Source exception, 
and waiver, prior to repeal by Pub. L. 98-525, title XII, 
Sec. 1234(b)(1), Oct. 19, 1984, 98 Stat. 2604, effective Jan. 1, 1985.


                    Fighter Aircraft Engine Warranty

    Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 797], Dec. 21, 
1982, 96 Stat. 1865, provided that: ``None of the funds made available 
in the Act or any subsequent Act shall be available for the purchase of 
the alternate or new model fighter aircraft engine that does not have a 
written warranty or guarantee attesting that it will perform not less 
than 3,000 tactical cycles. The warranty will provide that the 
manufacturer must perform the necessary improvements or replace any 
parts to achieve the required performance at no cost to the 
Government.''


 Insurance To Protect Government Contractors Against Cost of Correcting 
           Contractor's Own Defects; Reimbursement Prohibited

    Pub. L. 97-12, title I, Sec. 100, June 5, 1981, 95 Stat. 29, and 
Pub. L. 97-114, title VII, Sec. 770, Dec. 29, 1981, 95 Stat. 1590, which 
provided that no funds authorized for the Department of Defense in 
fiscal year 1981 and thereafter would be available to reimburse a 
contractor for the cost of commercial insurance, except for that 
normally maintained in the conduct of his business, that would protect 
against the cost for correction for the contractor's own defects in 
materials or workmanship such as were not a fortuitous casualty or loss, 
were repealed and restated in section 2399 of this title by Pub. L. 97-
295, Secs. 1(29)(A), 6(b), Oct. 12, 1982, 96 Stat. 1293, 1315.


 Restrictions on Conversion of Performance of Commercial and Industrial 
     Type Functions From Department of Defense Personnel to Private 
                 Contractors; Annual Report to Congress

    Pub. L. 96-342, title V, Sec. 502, Sept. 8, 1980, 94 Stat. 1086, as 
amended by Pub. L. 97-252, title XI, Sec. 1112(a), Sept. 8, 1982, 96 
Stat. 747; Pub. L. 99-145, title XII, Sec. 1234(a), Nov. 8, 1985, 99 
Stat. 734; Pub. L. 99-661, div. A, title XII, Sec. 1221, Nov. 14, 1986, 
100 Stat. 3976, which provided that no commercial or industrial type 
function of the Department of Defense that on October 1, 1980, was being 
performed by Department of Defense civilian employees could be converted 
to performance by a private contractor to circumvent any civilian 
personnel ceiling unless Secretary of Defense submitted favorable cost 
comparisons and certifications, and reported annually to Congress with 
regard to such conversions, was repealed and restated in section 2461 of 
this title by Pub. L. 100-370, Sec. 2(a)(1), (c)(1), July 19, 1988, 102 
Stat. 851, 854.
    Similar provisions for fiscal year 1980 were contained in Pub. L. 
96-107, title VIII, Sec. 806, Nov. 9, 1979, 93 Stat. 813.


 Contract Claims; Request for Equitable Adjustment; Request for Relief; 
                              Certification

    Pub. L. 95-485, title VIII, Sec. 813, Oct. 20, 1978, 92 Stat. 1624, 
which prohibited payment of a contract claim, request for equitable 
adjustment, or request for relief which exceeded $100,000 unless a 
senior company official certified that request was made in good faith 
and that supporting data was accurate and complete, was repealed and 
restated in section 2410 of this title by Pub. L. 100-370, Sec. 1(h)(2), 
(p)(4), July 19, 1988, 102 Stat. 847, 851.


    Report to Congress by Secretary of Defense; Changes in Policy or 
  Regulations Concerning Use of Private Contractors for Commercial or 
    Industrial Type Function at Department of Defense Installations; 
                              Restrictions

    Pub. L. 95-485, title VIII, Sec. 814, Oct. 20, 1978, 92 Stat. 1625, 
directed the Secretary of Defense to report to the House and Senate 
Committees on Armed Services any proposed change in policy or 
regulations from those in effect before June 30, 1976, as to whether 
commercial or industrial functions at Defense Department installations 
in the United States, Puerto Rico, and Guam should be performed by 
Department of Defense personnel or by private contractors during the 
period Oct. 1, 1978 to Sept. 30, 1979; prohibited such functions to be 
performed privately unless such contractor performance began before Oct. 
20, 1978 or performance would have been allowed by policy and 
regulations in effect before June 30, 1976; and provided that such 
prohibition would apply until the end of the 60 day period beginning on 
the date the report by the Secretary of Defense is received by the House 
and Senate Committees.


 Reporting Requirements for Secretary of Defense and Prime Contractors 
     Concerning Payments by Prime Contractors for Work Performed by 
                             Subcontractors

    Pub. L. 95-111, title VIII, Sec. 836, Sept. 21, 1977, 91 Stat. 906, 
which directed the Secretary of Defense to require all prime contractors 
with more than $500,000 of defense contract awards to report in dollars 
at the end of each year the amount of work done in that year and the 
State where performed, and requiring the Secretary of Defense to report 
annually to Congress the amount of funds spent for such work in each 
State, was repealed and restated in subsec. (i) of this section by Pub. 
L. 97-295, Secs. 1(24)(C), 6(b), Oct. 12, 1982, 96 Stat. 1291, 1315.


  Performance Review of Department of Defense Commercial or Industrial 
                                Functions

    Pub. L. 95-79, title VIII, Sec. 809, July 30, 1977, 91 Stat. 334, 
directed the Secretary of Defense and the Director of the Office of 
Management and Budget to review criteria used in determining whether 
commercial or industrial type functions at Department of Defense 
installations within the United States, Puerto Rico, and Guam should be 
performed by Department of Defense personnel or by private contractors 
and to report to the House and Senate Armed Services Committees before 
Jan. 1, 1978, the results of the review; prohibited commercial or 
industrial type functions being performed on July 30, 1977 by Department 
of Defense personnel from being converted to performance by private 
contractors before the earlier of Mar. 15, 1978 or the end of the 90-day 
period beginning on the date the report is received by the House and 
Senate Committees; exempted from such prohibition the conversion to 
performance by private contractors of industrial or commercial type 
functions if the conversion would have been made under policies and 
regulations in effect before June 30, 1976; and required the Secretary 
of Defense to report to the House and Senate Committees on Armed 
Services before Jan. 1, 1978, detailing the Department's rationale for 
establishing goals for the percentage of work at defense research 
installations to be performed by private contractors and for any 
direction in effect on July 30, 1977 establishing a minimum or maximum 
percentage for the allocation of work at any defense research 
installation to be performed by private contractors or directing a 
change in any such allocation in effect on July 30, 1977.


    Discrimination in Petroleum Supplies to Armed Forces Prohibited; 
              Enforcement Procedure; Penalties; Expiration

    Pub. L. 94-106, title VIII, Sec. 816, Oct. 7, 1975, 89 Stat. 540, as 
amended by Pub. L. 98-620, title IV, Sec. 402(8), Nov. 8, 1984, 98 Stat. 
3357, provided a remedy for discrimination by citizens of nationals of 
the United States or corporations organized or operating within the 
United States, and by organizations controlled by them, against the 
Department of Defense in the supply of petroleum products for two years 
after Oct. 7, 1975.


Announcements of Award of Contracts by Department of Defense; Disclosure 
       of Identity of Contractor Prior to Announcement Prohibited

    Pub. L. 91-441, title V, Sec. 507, Oct. 7, 1970, 84 Stat. 913, which 
had provided that the identity or location of a recipient of a contract 
from the Department of Defense may not be revealed prior to the public 
announcement of such identity by the Secretary of Defense, was repealed 
and restated in section 2316 of this title by Pub. L. 97-295, 
Secs. 1(26)(A), 6(b), Oct. 12, 1982, 96 Stat. 1291, 1314.


 Award of Contracts Through Formal Advertising and Competitive Bidding 
                            Where Practicable

    Pub. L. 90-5, title III, Sec. 304, Mar. 16, 1967, 81 Stat. 6, which 
had provided that the Secretary of Defense was directed, insofar as 
practicable, that all contracts be formally advertised and awarded on a 
competitive bid basis to the lowest responsible bidder, was repealed and 
restated in subsec. (a) of this section by Pub. L. 97-295, 
Secs. 1(24)(A), 6(b), Oct. 12, 1982, 96 Stat. 1290, 1314.


              Non-Applicability of National Emergencies Act

    Provisions of the National Emergencies Act not applicable to the 
powers and authorities conferred by subsec. (a)(1) of this section and 
actions taken hereunder, see section 1651(a)(7) of Title 50, War and 
National Defense.

                  Section Referred to in Other Sections

    This section is referred to in sections 1091, 1724, 2304a, 2304b, 
2304c, 2343, 2350b, 2361, 2469a, 2486, 2688, 4554 of this title; title 
15 section 637; title 41 sections 416, 417, 427; title 50 sections 403c, 
1432, 1651; title 50 App. section 2077.
