Page:United States Statutes at Large Volume 108 Part 4.djvu/685

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3319 to a contract or subcontract, to examine all records of the contractor or subcontractor related to— "(A) the proposal for the contract or subcontract; "(B) the discussions conducted on the proposal; "(C) pricing of the contract or subcontract; or "(D) performance of the contract or subcontract. "(b) SUBPOENA POWER. —<1) The Inspector General of an executive agency appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) or, upon request of the head of an executive agency, the Director of the Defense Contract Audit Agency (or any successor agency) of the Department of Defense or the Inspector General of the General Services Administration may require by subpoena the production of records of a contractor, access to which is provided for that executive agency by subsection (a). "(2) Any such subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of an appropriate United States district court. "(3) The authority provided by paragraph (1) may not be delegated. "(4) In the year following a year in which authority provided in paragraph (1) is exercised for an executive agency, the head of the executive agency shall submit to the Committee on Governmental MFairs of the Senate and the Committee on Government > Operations of the House of Representatives a report on the exercise of such authority during such preceding year and the reasons why such authority was exercised in any instance. "(c) COMPTROLLER GENERAL AUTHORITY.— (1) Except as provided in paragraph (2), each contract awarded after using procedures other than sealed bid procedures shall provide that the Comptroller General and his representatives are authorized to - - examine any records of the contractor, or any of its subcontractors, that directly pertain to, and involve transactions relating to, the contract or subcontract. "(2) Paragraph (1) does not apply to a contract or subcontract with a foreign contractor or foreign subcontractor if the executive agency concerned determines, with the concurrence of the Comptroller General or his designee, that the apphcation of that paragraph to the contract or subcontract would not be in the public interest. However, the concurrence of the Comptroller General or his designee is not required— "(A) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its records available for examination; and "(B) where the executive agency determines, after taking into account the price and availability of the property and services from United States sources, that the public interest would be best served by not applying paragraph (1). "(3) Paragraph (1) may not be construed to require a contractor or subcontractor to create or meiintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to another provision of law. " (d) LIMITATION ON PREAWARD AUDITS RELATING TO INDIRECT COSTS. —An executive agency may not perform a preaward audit to evaluate proposed indirect costs under any contract, subcontract, or modification to be entered into in accordance with this title