Page:United States Statutes at Large Volume 108 Part 4.djvu/755

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3389 a contract for the procurement of commercial items from the applicability of the provision. "(3) Nothing in this subsection shall be construed to authorize the waiver of the applicability of any provision of law with respect to any subcontract under a contract with a prime contractor reselling or distributing commercial items of another contractor without adding value. "(4) In this subsection, the term 'subcontract' includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor. "(c) COVERED LAW. —^A provision of law referred to in subsections (a)(2) and (b) is any provision of law that, as determined by the Federal Acquisition Regulatory Council, sets forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, except for a provision of law that— "(1) provides for criminal or civil penalties; or "(2) specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts for the procurement of commercial items.

    • (d) PETITION. — In the event that a provision of law described

in subsection (c) is not included on the list of inapplicable provisions of law as required by subsection (a) or (b), and no written determination has been made by the Federal Acquisition Regulatory Council pursuant to subsection (a)(2) or (b)(2), a person may petition the Administrator for Federal Procurement Policy to take appropriate action. The Administrator shall revise the Federal Acquisition Regulation to include the provision on the list of inapplicable provisions of law unless the Federal Acquisition Regulatory Council makes a determination pursuant to subsection (a)(2) or (b)(2) within 60 days after the date on which the petition is received.". (b) EFFECTIVE DATE OF PETITION PROVISION. —NO petition may 4i use 430 note. be filed under section 34(d) of the Office of Federal Procurement Policy Act, as added by subsection (a), until after the date occurring 6 months after the date of the enactment of this Act. Subtitle B—Armed Services Acquisitions SEC. 8101. ESTABLISHMENT OF NEW CHAPTER IN TITLE 10. (a) ESTABLISHMENT.—Part IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 139 the following new chapter 140: "CHAPTER 140—PROCUREMENT OF COMMERCIAL ITEMS "Sec. "2375. Relationship of commercial item provisions to other provisions of law. "2376. Definitions. "2377. Preference for acquisition of commercitd items.". (b) CLERICAL AMENDMENT.— The tables of chapters at the beginning of subtitle A of title 10, United States Code, and the beginning of part IV of such subtitle are amended by inserting after the item relating to chapter 139 the following new item: "140. Proctirement of Commercial Items 2375".