Page:United States Statutes at Large Volume 103 Part 2.djvu/492

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103 STAT. 1502 PUBLIC LAW 101-189—NOV. 29, 1989 (3) by adding at the end the following new subparagraph: C "(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 and such document is approved by the competition advocate for the procuring activity.. (b) PuBuc INSPECTION. —Paragraph (4) of such section is amended by inserting after "any related information" the following: ", and any document prepared pursuant to paragraph (2)(E),". SEC. 818. DELEGATION OF APPROVAL AUTHORITY FOR CERTAIN CON- TRACT ACTIONS (a) APPROVAL AUTHORITY.—Section 2304(f) of title 10, United States Code, is amended in paragraph (I)(B)— (1) by striking out 'or" after the semicolon in clause (ii); (2) by redesignating clause (iii) as clause (iv) and striking out , ' "$10,000,000" in such clause and inserting in lieu thereof "$50,000,000"; and (3) by inserting after clause (ii) the following new clause (iii): '(iii) in the case of a contract for an amount exceeding $10,000,000 Ojut equal to or less than $50,000,000), by the

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senior procurement executive of the agency designated

pursuant to section 16(3) of the Office of Federal Procure- ment Policy Act (41 U.S.C. 414(3)) or the senior procure- ment executive's delegate designated pursuant to para- graph (6)(B), 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 para- graph (6)(C); or". (b) DELEGATION,—Such section is amended in paragraph (6)— (1) by redesignating subparagraph (B) as subparagraph (C);

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and (2) by inserting after subparagraph (A) the following new subparagraph (B): "(B) "The authority of the senior procurement executive under paragraph (l)(B)(iii) may be delegated only to an officer or employee r n. --^^--n^ 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).", (c) ODNFORMING AMENDMENTS. — (1) Clause (iv) of section i-'i 2304(fKlXB) of such title (as designated) is amended by striking out "paragraph (6)(B)" and inserting in lieu thereof "paragraph (6)(C)^ (2) Subparagraph (C) of section iJ304(t)(6) of such title (as redesig- nated) is amended by striking out "paragraph (l)(B)(iii)" and insert- ing in lieu thereof "paragraph (IXBXiv)". SEC. 819. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREE- MENT PROGRAM (a) FUNDING.— Of the amounts authorized to be appropriated pursuant to section 301 for Defense Agencies for flscal years 1990