Notes on 10 U.S.C. § 2304 : US Code - Notes

Search Notes on 10 U.S.C. § 2304 : US Code - Notes

(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. 107-107, div. A, title X, Sec.
1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107-217, Sec.
3(b)(3), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 108-375, div. A,
title VIII, Sec. 815, Oct. 28, 2004, 118 Stat. 2015; Pub. L. 109-
364, div. A, title X, Sec. 1071(a)(2), Oct. 17, 2006, 120 Stat.
2398.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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2304(a) 41:151(c) (less proviso Feb. 19, 1948, ch. 65,
of clause (11) and Secs. 2(b) (less 1st
proviso of clause (16)). sentence), (c), (e),
7(d), 8, 62 Stat. 21,
22, 24.


2304(b)
41:156(d).
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.
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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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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2304(a) 10:2304 (note). Mar. 16, 1967, Pub. L.
(1st 90-5, Sec. 304, 81 Stat.
sentence) 6.
2304(f)( 10:2304(f)(1).
1)
2304(i) 10:2304 (note). Sept. 21, 1977, Pub. L.
95-111, Sec. 836, 91
Stat. 906.
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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 Short Title
note set out under section 46 of Title 41 and 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.
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
AMENDMENTS
2006 - Subsec. (f)(1)(B)(iii). Pub. L. 109-364 substituted
"section 16(c) of the Office of Federal Procurement Policy Act (41
U.S.C. 414(c))" for "section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3))".
2004 - Subsec. (f)(1)(B)(ii), (iii). Pub. L. 108-375 substituted
"$75,000,000" for "$50,000,000".
2002 - Subsec. (h). Pub. L. 107-217, Sec. 3(b)(3)(A), struck out
"laws" after "following" in introductory provisions.
Subsec. (h)(2). Pub. L. 107-217, Sec. 3(b)(3)(B), substituted
"Sections 3141-3144, 3146, and 3147 of title 40" for "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)".
2001 - Subsec. (f)(1)(B)(iii), (6)(B). Pub. L. 107-107
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
former 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 or former subchapter VI (Sec. 541 et seq.)
of chapter 10 of Title 40 [now chapter 11 of Title 40, Public
Buildings, Property, and Works], 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))."
INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF
DEFENSE
Pub. L. 109-364, div. A, title VIII, Sec. 817, Oct. 17, 2006, 120
Stat. 2326, provided that:
"(a) Inspector General Reviews and Determinations. -
"(1) In general. - For each covered non-defense agency, the
Inspector General of the Department of Defense and the Inspector
General of such non-defense agency shall, not later than March
15, 2007, jointly -
"(A) review -
"(i) the procurement policies, procedures, and internal
controls of such non-defense agency that are applicable to
the procurement of property and services on behalf of the
Department by such non-defense agency; and
"(ii) the administration of those policies, procedures, and
internal controls; and
"(B) determine in writing whether -
"(i) such non-defense agency is compliant with defense
procurement requirements;
"(ii) such non-defense agency is not compliant with defense
procurement requirements, but has a program or initiative to
significantly improve compliance with defense procurement
requirements;
"(iii) neither of the conclusions stated in clauses (i) and
(ii) is correct in the case of such non-defense agency; or
"(iv) such non-defense agency is not compliant with defense
procurement requirements to such an extent that the interests
of the Department of Defense are at risk in procurements
conducted by such non-defense agency.
"(2) Actions following certain determinations. - If the
Inspectors General determine under paragraph (1) that a
conclusion stated in clause (ii), (iii), or (iv) of subparagraph
(B) of that paragraph is correct in the case of a covered non-
defense agency, such Inspectors General shall, not later than
June 15, 2008, jointly -
"(A) conduct a second review, as described in subparagraph
(A) of that paragraph, regarding such non-defense agency's
procurement of property or services on behalf of the Department
of Defense in fiscal year 2007; and
"(B) determine in writing whether such non-defense agency is
or is not compliant with defense procurement requirements.
"(b) Compliance With Defense Procurement Requirements. - For the
purposes of this section, a covered non-defense agency is compliant
with defense procurement requirements if such non-defense agency's
procurement policies, procedures, and internal controls applicable
to the procurement of products and services on behalf of the
Department of Defense, and the manner in which they are
administered, are adequate to ensure such non-defense agency's
compliance with the requirements of laws and regulations that apply
to procurements of property and services made directly by the
Department of Defense.
"(c) Memoranda of Understanding Between Inspectors General. -
"(1) In general. - Not later than 60 days after the date of the
enactment of this Act [Oct. 17, 2006], the Inspector General of
the Department of Defense and the Inspector General of each
covered non-defense agency shall enter into a memorandum of
understanding with each other to carry out the reviews and make
the determinations required by this section.
"(2) Scope of memoranda. - The Inspector General of the
Department of Defense and the Inspector General of a covered non-
defense agency may by mutual agreement conduct separate reviews
of the procurement of property and services on behalf of the
Department of Defense that are conducted by separate business
units, or under separate governmentwide acquisition contracts, of
such non-defense agency. In any case where such separate reviews
are conducted, the Inspectors General shall make separate
determinations under paragraph (1) or (2) of subsection (a), as
applicable, with respect to each such separate review.
"(d) Limitations on Procurements on Behalf of Department of
Defense. -
"(1) Limitation during review period. - After March 15, 2007,
and before June 16, 2008, no official of the Department of
Defense may, except as provided in subsection (e) or (f), order,
purchase, or otherwise procure property or services in an amount
in excess of $100,000 through a covered non-defense agency for
which a determination described in clause (iii) or (iv) of
paragraph (1)(B) of subsection (a) has been made under subsection
(a).
"(2) Limitation after review period. - After June 15, 2008, no
official of the Department of Defense may, except as provided in
subsection (e) or (f), order, purchase, or otherwise procure
property or services in an amount in excess of $100,000 through a
covered non-defense agency that, having been subject to review
under this section, has not been determined under this section as
being compliant with defense procurement requirements.
"(3) Limitation following failure to reach mou. - Commencing on
the date that is 60 days after the date of the enactment of this
Act [Oct. 17, 2006], if a memorandum of understanding between the
Inspector General of the Department of Defense and the Inspector
General of a covered non-defense agency cannot be attained
causing the review required by this section to not be performed,
no official of the Department of Defense, except as provided in
subsection (e) or (f), may order, purchase or otherwise procure
property or services in an amount in excess of $100,000 through
such non-defense agency.
"(e) Exception From Applicability of Limitations. -
"(1) Exception. - No limitation applies under subsection (d)
with respect to the procurement of property and services on
behalf of the Department of Defense by a covered non-defense
agency during any period that there is in effect a determination
of the Under Secretary of Defense for Acquisition, Technology,
and Logistics, made in writing, that it is necessary in the
interest of the Department of Defense to continue to procure
property and services through such non-defense agency.
"(2) Applicability of determination. - A written determination
with respect to a covered non-defense agency under paragraph (1)
is in effect for the period, not in excess of one year, that the
Under Secretary shall specify in the written determination. The
Under Secretary may extend from time to time, for up to one year
at a time, the period for which the written determination remains
in effect.
"(f) Termination of Applicability of Limitations. - Subsection
(d) shall cease to apply to a covered non-defense agency on the
date on which the Inspector General of the Department of Defense
and the Inspector General of such non-defense agency jointly -
"(1) determine that such non-defense agency is compliant with
defense procurement requirements; and
"(2) notify the Secretary of Defense of that determination.
"(g) Identification of Procurements Made During a Particular
Fiscal Year. - For the purposes of subsection (a), a procurement
shall be treated as being made during a particular fiscal year to
the extent that funds are obligated by the Department of Defense
for that procurement in that fiscal year.
"(h) Resolution of Disagreements. - If the Inspector General of
the Department of Defense and the Inspector General of a covered
non-defense agency are unable to agree on a joint determination
under subsection (a) or (f), a determination by the Inspector
General of the Department of Defense under such subsection shall be
conclusive for the purposes of this section.
"(i) Definitions. - In this section:
"(1) The term 'covered non-defense agency' means each of the
following:
"(A) The Department of Veterans Affairs.
"(B) The National Institutes of Health.
"(2) The term 'governmentwide acquisition contract', with
respect to a covered non-defense agency, means a task or delivery
order contract that -
"(A) is entered into by the non-defense agency; and
"(B) may be used as the contract under which property or
services are procured for one or more other departments or
agencies of the Federal Government."
Pub. L. 109-163, div. A, title VIII, Sec. 811, Jan. 6, 2006, 119
Stat. 3374, provided that:
"(a) Inspector General Reviews and Determinations. -
"(1) In general. - For each covered non-defense agency, the
Inspector General of the Department of Defense and the Inspector
General of such non-defense agency shall, not later than March
15, 2006, jointly -
"(A) review -
"(i) the procurement policies, procedures, and internal
controls of such non-defense agency that are applicable to
the procurement of property and services on behalf of the
Department by such non-defense agency; and
"(ii) the administration of those policies, procedures, and
internal controls; and
"(B) determine in writing whether -
"(i) such non-defense agency is compliant with defense
procurement requirements;
"(ii) such non-defense agency is not compliant with defense
procurement requirements, but has a program or initiative to
significantly improve compliance with defense procurement
requirements; or
"(iii) neither of the conclusions stated in clauses (i) and
(ii) is correct in the case of such non-defense agency.
"(2) Actions following certain determinations. - If the
Inspectors General determine under paragraph (1) that the
conclusion stated in clause (ii) or (iii) of subparagraph (B) of
that paragraph is correct in the case of a covered non-defense
agency, such Inspectors General shall, not later than June 15,
2007, jointly -
"(A) conduct a second review, as described in subparagraph
(A) of that paragraph, regarding such non-defense agency's
procurement of property or services on behalf of the Department
of Defense in fiscal year 2006; and
"(B) determine in writing whether such non-defense agency is
or is not compliant with defense procurement requirements.
"(b) Compliance With Defense Procurement Requirements. - For the
purposes of this section, a covered non-defense agency is compliant
with defense procurement requirements if such non-defense agency's
procurement policies, procedures, and internal controls applicable
to the procurement of products and services on behalf of the
Department of Defense, and the manner in which they are
administered, are adequate to ensure such non-defense agency's
compliance with the requirements of laws and regulations that apply
to procurements of property and services made directly by the
Department of Defense.
"(c) Memoranda of Understanding Between Inspectors General. -
"(1) In general. - Not later than 60 days after the date of the
enactment of this Act [Jan. 6, 2006], the Inspector General of
the Department of Defense and the Inspector General of each
covered non-defense agency shall enter into a memorandum of
understanding with each other to carry out the reviews and make
the determinations required by this section.
"(2) Scope of memoranda. - The Inspector General of the
Department of Defense and the Inspector General of a covered non-
defense agency may by mutual agreement conduct separate reviews
of the procurement of property and services on behalf of the
Department of Defense that are conducted by separate business
units, or under separate governmentwide acquisition contracts, of
such non-defense agency. In any case where such separate reviews
are conducted, the Inspectors General shall make separate
determinations under paragraph (1) or (2) of subsection (a), as
applicable, with respect to each such separate review.
"(d) Limitations on Procurements on Behalf of Department of
Defense. -
"(1) Limitation during review period. - After March 15, 2006,
and before June 16, 2007, no official of the Department of
Defense may, except as provided in subsection (e) or (f), order,
purchase, or otherwise procure property or services in an amount
in excess of $100,000 through a covered non-defense agency for
which a determination described in paragraph (1)(B)(iii) of
subsection (a) has been made under that subsection.
"(2) Limitation after review period. - After June 15, 2007, no
official of the Department of Defense may, except as provided in
subsection (e) or (f), order, purchase, or otherwise procure
property or services in an amount in excess of $100,000 through a
covered non-defense agency that, having been subject to review
under this section, has not been determined under this section as
being compliant with defense procurement requirements.
"(3) Limitation following failure to reach mou. - Commencing on
the date that is 60 days after the date of the enactment of this
Act [Jan. 6, 2006], if a memorandum of understanding between the
Inspector General of the Department of Defense and the Inspector
General of a covered non-defense agency cannot be attained
causing the review required by this section to not be performed,
no official of the Department of Defense, except as provided in
subsection (e) or (f), may order, purchase or otherwise procure
property or services in an amount in excess of $100,000 through
such non-defense agency.
"(e) Exception From Applicability of Limitations. -
"(1) Exception. - No limitation applies under subsection (d)
with respect to the procurement of property and services on
behalf of the Department of Defense by a covered non-defense
agency during any period that there is in effect a determination
of the Under Secretary of Defense for Acquisition, Technology,
and Logistics, made in writing, that it is necessary in the
interest of the Department of Defense to continue to procure
property and services through such non-defense agency.
"(2) Applicability of determination. - A written determination
with respect to a covered non-defense agency under paragraph (1)
is in effect for the period, not in excess of one year, that the
Under Secretary shall specify in the written determination. The
Under Secretary may extend from time to time, for up to one year
at a time, the period for which the written determination remains
in effect.
"(f) Termination of Applicability of Limitations. - Subsection
(d) shall cease to apply to a covered non-defense agency on the
date on which the Inspector General of the Department of Defense
and the Inspector General of such non-defense agency jointly -
"(1) determine that such non-defense agency is compliant with
defense procurement requirements; and
"(2) notify the Secretary of Defense of that determination.
"(g) Identification of Procurements Made During a Particular
Fiscal Year. - For the purposes of subsection (a), a procurement
shall be treated as being made during a particular fiscal year to
the extent that funds are obligated by the Department of Defense
for that procurement in that fiscal year.
"(h) Definitions. - In this section:
"(1) The term 'covered non-defense agency' means each of the
following:
"(A) The Department of the Treasury.
"(B) The Department of the Interior.
"(C) The National Aeronautics and Space Administration.
"(2) The term 'governmentwide acquisition contract', with
respect to a covered non-defense agency, means a task or delivery
order contract that -
"(A) is entered into by the non-defense agency; and
"(B) may be used as the contract under which property or
services are procured for 1 or more other departments or
agencies of the Federal Government."
EMPLOYMENT OF STATE RESIDENTS IN STATES HAVING UNEMPLOYMENT RATE IN
EXCESS OF NATIONAL AVERAGE
Pub. L. 109-289, div. A, title VIII, Sec. 8048, Sept. 29, 2006,
120 Stat. 1284, provided that: "Notwithstanding any other provision
of law, each contract awarded by the Department of Defense during
the current fiscal year and hereafter for construction or service
performed in whole or in part in a State (as defined in section
381(d) of title 10, United States Code) which is not contiguous
with another State and 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 such State that is not contiguous with another
State, individuals who are residents of such State and who, in the
case of any craft or trade, possess or would be able to acquire
promptly the necessary skills: Provided, That the Secretary of
Defense may waive the requirements of this section, on a case-by-
case basis, in the interest of national security."
REVIEW AND DEMONSTRATION PROJECT RELATING TO CONTRACTOR EMPLOYEES
Pub. L. 108-375, div. A, title VIII, Sec. 851, Oct. 28, 2004, 118
Stat. 2019, provided that:
"(a) General Review. - (1) The Secretary of Defense shall conduct
a review of policies, procedures, practices, and penalties of the
Department of Defense relating to employees of defense contractors
for purposes of ensuring that the Department of Defense is in
compliance with Executive Order No. 12989 [8 U.S.C. 1324a note]
(relating to a prohibition on entering into contracts with
contractors that are not in compliance with the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.]).
"(2) In conducting the review, the Secretary shall -
"(A) identify potential weaknesses and areas for improvement in
existing policies, procedures, practices, and penalties;
"(B) develop and implement reforms to strengthen, upgrade, and
improve policies, procedures, practices, and penalties of the
Department of Defense and its contractors; and
"(C) review and analyze reforms developed pursuant to this
paragraph to identify for purposes of national implementation
those which are most efficient and effective.
"(3) The review under this subsection shall be completed not
later than 180 days after the date of the enactment of this Act
[Oct. 28, 2004].
"(b) Demonstration Project. - The Secretary of Defense shall
conduct a demonstration project in accordance with this section, in
one or more regions selected by the Secretary, for purposes of
promoting greater contracting opportunities for contractors
offering effective, reliable staffing plans to perform defense
contracts that ensure all contract personnel employed for such
projects, including management employees, professional employees,
craft labor personnel, and administrative personnel, are lawful
residents or persons properly authorized to be employed in the
United States and properly qualified to perform services required
under the contract. The demonstration project shall focus on
contracts for construction, renovation, maintenance, and repair
services for military installations.
"(c) Demonstration Project Procurement Procedures. - As part of
the demonstration project under subsection (b), the Secretary of
Defense may conduct a competition in which there is a provision in
contract solicitations and request for proposal documents to
require significant weight or credit be allocated to -
"(1) reliable, effective workforce programs offered by
prospective contractors that provide background checks and other
measures to ensure the contractor is in compliance with the
Immigration and Nationality Act; and
"(2) reliable, effective project staffing plans offered by
prospective contractors that specify for all contract employees
(including management employees, professionals, and craft labor
personnel) the skills, training, and qualifications of such
persons and the labor supply sources and hiring plans or
procedures used for employing such persons.
"(d) Implementation of Demonstration Project. - The Secretary of
Defense shall begin operation of the demonstration project required
under this section after completion of the review under subsection
(a), but in no event later than 270 days after the date of the
enactment of this Act.
"(e) Report on Demonstration Project. - Not later than six months
after award of a contract under the demonstration project, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
setting forth a review of the demonstration project and
recommendations on the actions, if any, that can be implemented to
ensure compliance by the Department of Defense with Executive Order
No. 12989.
"(f) Definition. - In this section, the term 'military
installation' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility, which is located within any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, or Guam. Such term does not include any
facility used primarily for civil works, rivers and harbors
projects, or flood control projects."
DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER AGENCIES
Pub. L. 108-375, div. A, title VIII, Sec. 854, Oct. 28, 2004, 118
Stat. 2022, provided that:
"(a) Limitation. - The head of an agency may not procure goods or
services (under section 1535 of title 31, United States Code,
pursuant to a designation under section 11302(e) of title 40,
United States Code, or otherwise) through a contract entered into
by an agency outside the Department of Defense for an amount
greater than the simplified acquisition threshold referred to in
section 2304(g) of title 10, United States Code, unless the
procurement is done in accordance with procedures prescribed by
that head of an agency for reviewing and approving the use of such
contracts.
"(b) Effective Date. - The limitation in subsection (a) shall
apply only with respect to orders for goods or services that are
issued by the head of an agency to an agency outside the Department
of Defense on or after the date that is 180 days after the date of
the enactment of this Act [Oct. 28, 2004].
"(c) Inapplicability to Contracts for Certain Services. - This
section does not apply to procurements of the following services:
"(1) Printing, binding, or blank-book work to which section 502
of title 44, United States Code, applies.
"(2) Services available under programs pursuant to section 103
of the Library of Congress Fiscal Operations Improvement Act of
2000 (Public Law 106-481; 114 Stat. 2187; 2 U.S.C. 182c).
"(d) Annual Report. - (1) For each of fiscal years 2005 and 2006,
each head of an agency shall submit to the Secretary of Defense a
report on the service charges imposed on purchases made for an
amount greater than the simplified acquisition threshold during
such fiscal year through a contract entered into by an agency
outside the Department of Defense.
"(2) In the case of procurements made on orders issued by the
head of a Defense Agency, Department of Defense Field Activity, or
any other organization within the Department of Defense (other than
a military department) under the authority of the Secretary of
Defense as the head of an agency, the report under paragraph (1)
shall be submitted by the head of that Defense Agency, Department
of Defense Field Activity, or other organization, respectively.
"(3) The report for a fiscal year under this subsection shall be
submitted not later than December 31 of the calendar year in which
such fiscal year ends.
"(e) Definitions. - In this section:
"(1) The term 'head of an agency' means the Secretary of
Defense, the Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force.
"(2) The term 'Defense Agency' has the meaning given such term
in section 101(a)(11) of title 10, United States Code.
"(3) The term 'Department of Defense Field Activity' has the
meaning given such term in section 101(a)(12) of such title."
RESOURCES-BASED SCHEDULES FOR COMPLETION OF PUBLIC-PRIVATE
COMPETITIONS FOR PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS
Pub. L. 108-136, div. A, title III, Sec. 334, Nov. 24, 2003, 117
Stat. 1443, provided that:
"(a) Application of Timeframes. - Any interim or final deadline
or other schedule-related milestone for the completion of a
Department of Defense public-private competition shall be
established solely on the basis of considered research and sound
analysis regarding the availability of sufficient personnel,
training, and technical resources to the Department of Defense to
carry out such competition in a timely manner.
"(b) Extension of Timeframes. - (1) The Department of Defense
official responsible for managing a Department of Defense public-
private competition shall extend any interim or final deadline or
other schedule-related milestone established (consistent with
subsection (a)) for the completion of the competition if the
official determines that the personnel, training, or technical
resources available to the Department of Defense to carry out the
competition in a timely manner are insufficient.
"(2) A determination under this subsection shall be made pursuant
to procedures prescribed by the Secretary of Defense."
COMPETITION REQUIREMENT FOR PURCHASE OF SERVICES PURSUANT TO
MULTIPLE AWARD CONTRACTS
Pub. L. 107-107, div. A, title VIII, Sec. 803, Dec. 28, 2001, 115
Stat. 1178, provided that:
"(a) Regulations Required. - Not later than 180 days after the
date of the enactment of this Act [Dec. 28, 2001], the Secretary of
Defense shall promulgate in the Department of Defense Supplement to
the Federal Acquisition Regulation regulations requiring
competition in the purchase of services by the Department of
Defense pursuant to multiple award contracts.
"(b) Content of Regulations. - (1) The regulations required by
subsection (a) shall provide, at a minimum, that each individual
purchase of services in excess of $100,000 that is made under a
multiple award contract shall be made on a competitive basis unless
a contracting officer of the Department of Defense -
"(A) waives the requirement on the basis of a determination
that -
"(i) one of the circumstances described in paragraphs (1)
through (4) of section 2304c(b) of title 10, United States
Code, applies to such individual purchase; or
"(ii) a statute expressly authorizes or requires that the
purchase be made from a specified source; and
"(B) justifies the determination in writing.
"(2) For purposes of this subsection, an individual purchase of
services is made on a competitive basis only if it is made pursuant
to procedures that -
"(A) require fair notice of the intent to make that purchase
(including a description of the work to be performed and the
basis on which the selection will be made) to be provided to all
contractors offering such services under the multiple award
contract; and
"(B) afford all contractors responding to the notice a fair
opportunity to make an offer and have that offer fairly
considered by the official making the purchase.
"(3) Notwithstanding paragraph (2), notice may be provided to
fewer than all contractors offering such services under a multiple
award contract described in subsection (c)(2)(A) if notice is
provided to as many contractors as practicable.
"(4) A purchase may not be made pursuant to a notice that is
provided to fewer than all contractors under paragraph (3) unless -

"(A) offers were received from at least three qualified
contractors; or
"(B) a contracting officer of the Department of Defense
determines in writing that no additional qualified contractors
were able to be identified despite reasonable efforts to do so.
"(c) Definitions. - In this section:
"(1) The term 'individual purchase' means a task order,
delivery order, or other purchase.
"(2) The term 'multiple award contract' means -
"(A) a contract that is entered into by the Administrator of
General Services under the multiple award schedule program
referred to in section 2302(2)(C) of title 10, United States
Code;
"(B) a multiple award task order contract that is entered
into under the authority of sections 2304a through 2304d of
title 10, United States Code, or sections 303H through 303K of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253h through 253k); and
"(C) any other indefinite delivery, indefinite quantity
contract that is entered into by the head of a Federal agency
with two or more sources pursuant to the same solicitation.
"(3) The term 'Defense Agency' has the meaning given that term
in section 101(a)(11) of title 10, United States Code.
"(d) Applicability. - The regulations promulgated by the
Secretary pursuant to subsection (a) shall take effect not later
than 180 days after the date of the enactment of this Act [Dec. 28,
2001] and shall apply to all individual purchases of services that
are made under multiple award contracts on or after the effective
date, without regard to whether the multiple award contracts were
entered into before, on, or after such effective date."
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, directed the Comptroller General, not later than
Mar. 1, 2001, to submit to Congress an evaluation of the test
program authorized by the provisions in Pub. L. 104-106, Sec. 4202
(amending this section and 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 considered 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
Pub. L. 105-85, div. A, title III, Sec. 391, Nov. 18, 1997, 111
Stat. 1716, as amended by Pub. L. 106-65, div. A, title III, Sec.
382, Oct. 5, 1999, 113 Stat. 583; Pub. L. 107-107, div. A, title
III, Sec. 364, Dec. 28, 2001, 115 Stat. 1068; Pub. L. 107-314, div.
A, title III, Sec. 368, Dec. 2, 2002, 116 Stat. 2524; Pub. L. 108-
375, div. A, title III, Sec. 343, Oct. 28, 2004, 118 Stat. 1857,
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, 2006, and contracts entered into under
this section shall terminate not later than that date.
"(g) Reporting Requirement. - Not later than February 1, 2006,
the Secretary of Defense shall submit to Congress a report on the
pilot program, including -
"(1) a description of the extent to which commercial firms have
been used to provide the services specified in subsection (b) and
the type of services procured;
"(2) a description of any problems that have limited the
ability of the Secretary to utilize the pilot program to procure
such services; and
"(3) the recommendation of the Secretary regarding whether the
pilot program should be made permanent or extended beyond
September 30, 2006."
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
Pub. L. 104-106, div. D, title XLII, Sec. 4202(e), Feb. 10, 1996,
110 Stat. 654, as amended by Pub. L. 106-65, div. A, title VIII,
Sec. 806(a), Oct. 5, 1999, 113 Stat. 705; Pub. L. 107-107, div. A,
title VIII, Sec. 823, Dec. 28, 2001, 115 Stat. 1183; Pub. L. 107-
314, div. A, title VIII, Sec. 812(a), Dec. 2, 2002, 116 Stat.
2609; Pub. L. 108-136, div. A, title XIV, Sec. 1443(b), Nov. 24,
2003, 117 Stat. 1676; Pub. L. 108-375, div. A, title VIII, Sec.
817, Oct. 28, 2004, 118 Stat. 2015, 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,
2008. 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, directed the Secretary of Defense to authorize the
commander of each military installation to (1) prepare an inventory
each fiscal year of commercial activities carried out by Government
personnel on the military installation, (2) decide which commercial
activities were to be reviewed pursuant to 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, and (4) assist in
finding suitable employment for any employee of the Department of
Defense who had been displaced because of a contract entered into
with a contractor for performance of a commercial activity on the
military installation; directed the Secretary to prescribe
regulations required by the preceding authority no later than 60
days after Dec. 4, 1987; and provided for termination of the
authority on Oct. 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, which provided that not
later than 120 days after Sept. 29, 1988, the Secretary of Defense
was to make certain revisions to Department of Defense regulations
that provide for the use of fixed-price type contracts in a
development program, was repealed by Pub. L. 109-364, div. A, title
VIII, Sec. 818(a), Oct. 17, 2006, 120 Stat. 2329.
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)."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
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)(5) of Title 50,
War and National Defense.