113 STAT. 700 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 813. 814. 815. 816. 817. 818. 819. 820. 821. PUBLIC LAW 106-65—OCT. 5, 1999 Incentives to produce innovative new technologies. Pilot program for commercial services. Expansion of applicability of requirement to make certain procurements from small arms production industrial base. Compliance with existing law regarding purchases of equipment and products. Extension of test program for negotiation of comprehensive small business subcontracting plans. Extension of interim reporting rule for certain procurements less than $100,000. Inspector General review of compliance with Buy American Act in purchases of strength training equipment. Report on options for accelerated acquisition of precision munitions. Technical amendment to prohibition on release of contractor proposals under the Freedom of Information Act. Subtitle A—Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 801. AUTHORITY TO CARRY OUT CERTAE»J PROTOTYPE PROJECTS. Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: Contracts. " (c) COMPTROLLER GENERAL REVIEW.— (1) Each agreement entered into by an official referred to in subsection (a) to carry out a project under that subsection that provides for pa3niients in a total amount in excess of $5,000,000 shall include a clause that provides for the Comptroller General, in the discretion of the Comptroller General, to examine the records of any party to the agreement or emy entity that participates in the performance of the agreement. "(2) The requirement in paragraph (1) shall not apply with respect to a party or entity, or a subordinate element of a party or entity, that has not entered into any other agreement that provides for audit access by a Government entity in the year prior to the date of the agreement. "(3) The head of the contracting activity that is carrying out the agreement may waive the applicability of the requirement in paragraph (1) to the agreement if the head of the contracting activity determines that it would not be in the public interest to apply the requirement to the agreement. The waiver shall be effective with respect to the agreement only if the head of the contracting activity transmits a notification of the waiver to Congress and the Comptroller General before entering into the agreement. The notification shall include the rationale for the determination. "(4) The Comptroller General may not examine records pursuant to a clause included in an agreement under paragraph (1) more than three years after the final payment is made by the United States under the agreement.".
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