Page:United States Statutes at Large Volume 108 Part 4.djvu/690

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108 STAT. 3324 PUBLIC LAW 103-355—OCT. 13, 1994 Subtitle E—Miscellaneous PART I—ARMED SERVICES ACQUISITIONS SEC. 2401. CLARIFICATION OF PROVISION RELATING TO QUALITY CON- TROL OF CERTAIN SPARE PARTS. The second sentence of subsection (a) of section 2383 of title 10, United States Code, is amended to read as follows: "In establishing the appropriate qualification requirements, the Secretary of Defense shall use the Department of Defense qualification requirements that were used to qualify the original production part unless the Secretary determines in writing— "(1) that there are other requirements sufficiently similar to those requirements that should be used instead; or "(2) that any or all such requirements are imnecessary.". SEC. 2402. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS. v^ (a) REPEAL OF REQUIREMENT FOR REPORT ON WAIVERS.— Subsection (e) of section 2403 of title 10, United States Code, is amended— (1) by striking out"(1)"; and (2) by striking out paragraph (2). (b) PROVISIONS TO BE ADDRESSED BY REGULATIONS.— Subsection (h) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): (2) The regulations shall include the following: "(A) Guidelines for negotiating contractor guarantees that are reasonable and cost effective, as determined on the basis of the likelihood of defects and the estimated cost of correcting such defects. "(B) Procedures for administering contractor guarantees. "(C) Guidelines for determining the cases in which it may be appropriate to waive the requirements of this section.. PART II—ACQUISITIONS GENERALLY SEC. 2451. SECTION 3737 OF THE REVISED STATUTES: EXPANSION OF AUTHORITY TO PROHIBIT SETOFFS AGAINST ASSIGNEES; REORGANIZATION OF SECTION; REVISION OF OBSOLETE PROVISIONS. Section 3737 of the Revised Statutes (41 U.S.C. 15) is amended to read as follows: "SEC. 3737. (a) No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States is concerned. All rights of action, howevfer, for any breach of such contract by the contracting parties, are reserved to the United States. "(b) The provisions of subsection (a) shall not apply in any case in which the moneys due or to become due from the United States or from any agency or department thereof, under a contract providing for payments aggregating $1,000 or more, are assigned to a bank, trust company, or other financing institution, including any Federal lending agency, provided: