Page:United States Statutes at Large Volume 108 Part 4.djvu/764

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108 STAT. 3398 PUBLIC LAW 103-355—OCT. 13, 1994 (h) FLY AMERICAN REQUIREMENTS. —Section 40118 of title 49, United States Code, is amended by adding at the end the following new subsection: "(f)(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the transportation of commercial items in order to implement a requirement in this section. "(2) In paragraph (1), 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)).". SEC. 8302. FLEXIBLE DEADLINES FOR SUBMISSION OF OFFERS OF COMMERCIAL ITEMS. Section 18(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)), as amended by section 4201(c), is further amended by adding at the end the following new paragraph: "(6) The Administrator shall prescribe regulations defining limited circumstances in which flexible deadlines can be used under paragraph (3) for the submission of bids or proposals for the procurement of commercial items.". SEC. 8303. ADDITIONAL RESPONSmiliTIES FOR ADVOCATES FOR COM- PETITION. (a) RESPONSIBILITIES OF THE ADVOCATE FOR COMPETITION.— Section 20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(c)) is amended to read as follows: "(c) The advocate for competition for each procuring activity shall be responsible for promoting full and open competition, Promoting the acquisition of commercial items, and challenging arriers to such acquisition, including such barriers as unnecessarily restrictive statements of need, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.". (b) REPEAL OF SUPERSEDED PROVISION.— Section 28 of such Act (41 U.S.C. 424) is repealed. 41 USC 264 note. SEC. 8304. PROVISIONS NOT AFFECTED. Nothing in this title shall be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under— (1) section 2323 of title 10, United States Code, or section 7102 of the Federal Acquisition Streamlining Act of 1994; (2) the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759)); (3) Brooks Architect-Engineers Act (title DC of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)); (4) subsections (a) and (d) of section 8 of the Small Business Act (15 U.S.C. 637 (a) and (d)); or (5) the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c). 41 USC 264b SEC. 8305. COMPTROLLER GENERAL REVIEW OF FEDERAL GOVERN- note. MENT USE OF MARKET RESEARCH. (a) REPORT REQUIRED.— Not later than 2 years after the date of the enactment of this Act, the Comptroller Gfeneral of the United States shall submit to the Congress a report on the use of market research by the Federal Government in support of the procurement of commercial items and nondevelopmental items.