108 STAT. 3396 PUBLIC LAW 103-355—OCT. 13, 1994 "(B) could be modified to meet the executive agency's requirements; or "(C) could meet the executive agency's requirements if those requirements were modified to a reasonable extent. "(3) In conducting market research, the head of an executive agency should not require potential sources to submit more than the minimum information that is necessary to make the determinations required in paragraph (2).". SEC. 8204. INAPPLICABILnY OF CERTAIN PROVISIONS OF LAW. (a) INAPPLICABILITY OF PROHIBITION ON LIMITING SUBCONTRAC- TOR DIRECT SALES TO THE UNITED STATES. —Section 303G of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253g), as amended by section 4103(b), is further amended by adding at the end the following new subsection: "(d) An agreement between the contractor in a contract for the acquisition of commercial items and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the Federal Government being treated differently with regard to the restriction than any other prospective purchaser of such commercial items from that subcontractor.". (b) INAPPLICABILITY OF REQUIREMENT FOR CONTRACT CLAUSE REGARDING CONTINGENT FEES. — Section 304(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a)), as amended by section 4103(c), is further amended by inserting before the period at the end of the sentence added by section 4103(c) the following: "or to a contract for the acquisition of commercial items". Subtitle D—Acquisitions Generally SEC. 8301. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW. (a) FEDERAL WATER POLLUTION CONTROL ACT. — Section 508 of the Federal Water Pollution Control Act (33 U.S.C. 1368) is amended by adding at the end the following new subsection: "(f)(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section. "(2) In paragraph (1), the term 'commercial item' has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).". (b) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. — The Contract Work Hours and Safety Standards Act (title I of the Work Hours and Safety Act of 1962 (40 U.S.C. 327 et seq.)) is amended by adding at the end the following new section: 40 USC 334. "SEC. 108. (a) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement in this title.
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