Page:United States Statutes at Large Volume 108 Part 4.djvu/758

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108 STAT. 3392 PUBLIC LAW 103-355 —OCT. 13, 1994 SEC. 8105. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW. (a) INAPPLICABILITY OF REQUIREMENT FOR CONTRACT CLAUSE REGARDING CONTINGENT FEES. — Section 2306(b) of title 10, United States Code, as amended by section 4102(b), is further amended by inserting before the period at the end of the sentence added by that section the following: "or to a contract for the acquisition of commercial items". (b) INAPPLICABILITY OF REQUIREMENT To IDENTIFY SUPPLIERS AND SOURCES OF SUPPLIES. — Paragraph (2) of section 2384(b) of title 10, United States Code, is amended to read as follows: "(2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are commercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403( 12)).". (c) INAPPLICABILITY OF PROHIBITION AGAINST DOING BUSINESS WITH CERTAIN OFFERORS OR CONTRACTORS. —Section 2393(d) of title 10, United States Code, as amended by section 4102(e), is further amended by adding at the end the following: 'The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).". (d) REPORTS BY EMPLOYEES OR FORMER EMPLOYEES OF DEFENSE CONTRACTORS.—Section 2397(a)(1) of title 10, United States Code, as amended by section 4401(d), is further amended by adding at the end the following: "The term does not include a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).". (e) LIMITS ON EMPLOYMENT FOR CERTAIN FORMER DOD OFFI- CIALS.—Section 2397b(f) of title 10, United States Code, is amended in paragraph (2)(B)— (A) by striking out "or" at the end of clause (i); (B) by striking out the period at the end of clause (ii) and inserting in lieu thereof"; or"; and (C) by adding at the end the following new clause: "(iii) any person who contracts to supply the Department of Defense only commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))". (f) DEFENSE CONTRACTOR REQUIREMENTS CONCERNING FORMER DOD OFFICIALS.—Section 2397c of title 10, United States Code, is amended by adding at the end the following: "(e) This section does not apply to contracts for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).". (g) INAPPLICABILITY OF PROHIBITION ON LIMITATION OF SUB- CONTRACTOR DIRECT SALES.— Section 2402 of title 10, United States Code, as amended by section 4102(f), is further amended by adding at the end the following new subsection: "(d)(1) 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 United States being treated differently with regard to the restriction than