Page:United States Statutes at Large Volume 108 Part 4.djvu/763

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3397 "(b) In subsection (a), 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)).". (c) ANTI-KICKBACK ACT OF 1986.— (1) Section 7 of the Anti- Kickback Act of 1986 (41 U.S.C. 57), as amended by section 4104(a), is further amended by inserting before the period at the end of subsection (d) the following: "or to a prime contract for the acquisition of commercial items (as defined in section 4(12) of such Act (41 U.S.C. 403(12))).". (2) Section 8 of such Act (41 U.S.C. 58) is amended by adding at the end the following: "This section does not apply with respect to a prime contract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement PoUcy Act (41 U.S.C. 403(12))). ". (d) COST ACCOUNTING STANDARDS BOARD. —Section 26(f)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)(2)) is amended— (1) by inserting "(A)" after "(2)"; (2) by striking out ", other than contracts or subcontracts" and all that follows and inserting in lieu thereof a period; and (3) by inserting at the end the following: "(B) Subparagraph (A) does not apply to the following contracts or subcontracts: "(i) Contracts or subcontracts where the price negotiated is based on established catalog or market prices of commercial items sold in substantial quantities to the general public. "(ii) Contracts or subcontracts where the price negotiated is based on prices set by law or regulation. "(iii) Any other firm fixed-price contract or subcontract (without cost incentives) for commercial items. "(C) In this paragraph, the term 'subcontract' includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor.". (e) CERTIFICATION REQUIREMENTS.—Subsection (e)(1)(B) of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) is amended by inserting after "certifies in writing to such contracting officer" the following: ", except in the case of a contract for the procurement of commercial items,". (f) DRUG-FREE WORKPLACE ACT OF 1988.—Section 5152(a)(1) of the Drug-Free Workplace Act of 1988 (subtitle D of title V of Public Law 100-690; 41 U.S.C. 701 et seq.), as amended by section 4104(d), is further amended by inserting after the matter inserted by such section 4104(d) the following: ", other than a contract for the procurement of commercial items as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403),". (g) CLEAN AIR ACT. — The Federal Acquisition Regulation may 42 USC 7606 not contain a requirement for a certification by a contractor under ^°^- a contract for the acquisition of commercial items, or a requirement that such a contract include a contract clause, in order to implement a prohibition or requirement of section 306 of the Clean Air Act (42 U.S.C. 7606) or a prohibition or requirement issued in the implementation of that section, since there is nothing in such section 306 that requires such a certification or contract clause.