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ment of Defense for contracts awarded by the Department to the institution.
(c) DEFINITIONS.-In this section:
(1) The term "allowable indirect costs" means costs that are generally considered allowable as indirect costs under regulations that establish the cost reimbursement principles applicable to an institution of higher education for purposes of Department of Defense contracts.
(2) The term "institution of higher education" has the meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
SEC. 843. [10 U.S.C. 2327] REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST COUNTRIES.
(a) REPORT REQUIREMENT.-(1) Whenever the Secretary of Defense proposes to enter into a contract with any person for an amount in excess of $5,000,000 for the provision of goods or services to the Department of Defense, the Secretary shall require that
(A) before entering into the contract, to report to the Secretary each commercial transaction which that person has conducted with the government of any terrorist country during the preceding three years or the period since the effective date of this section, whichever is shorter; and
(B) to report to the Secretary each such commercial transaction which that person conducts during the course of the contract (but not after the date specified in subsection (h)) with the government of any terrorist country.
(2) The requirement contained in paragraph (1)(B) shall be included in the contract with the Department of Defense.
(3) This section does not apply with respect to a contract for the procurement of a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).
(b) REGULATIONS.-The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this section.
(c) ANNUAL REPORT TO CONGRESS.-The Secretary of Defense shall submit to the Congress each year by December 1 a report setting forth those persons conducting commercial transactions with terrorist countries that are included in the reports made pursuant to subsection (a) during the preceding fiscal year, the terrorist countries with which those transactions were conducted, and the nature of those transactions. The version of the report made available for public release shall exclude information exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).
(d) LIABILITY.-This section shall not be interpreted as imposing any liability on a person for failure to comply with the reporting requirement of subsection (a) if the failure to comply is caused solely by an act or omission of a third party.
(e) PERSON DEFINED.-For purposes of this section, the term "person" means a corporate or other business entity proposing to
enter or entering into a contract covered by this section. The term does not include an affiliate or subsidiary of the entity.
(f) TERRORIST COUNTRY DEFINED.-A country shall be considered to be a terrorist country for purposes of a contract covered by this section if the Secretary of State has determined pursuant to law, as of the date that is 60 days before the date on which the contract is signed, that the government of that country is a government that has repeatedly provided support for acts of international terrorism.
(g) EFFECTIVE DATE.-This section shall apply with respect to contracts entered into after the expiration of the 90-day period beginning on the date of the enactment of this Act [Nov. 30, 1993], or after the expiration of the 30-day period beginning on the date of publication in the Federal Register of the final regulations referred to in subsection (b), whichever is earlier.
(h) TERMINATION.-This section expires on September 30, 1996. SEC. 844. [31 U.S.C. 1535] DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER AGENCIES.
(a) REGULATIONS REQUIRED.-Not later than six months after the date of the enactment of this Act [Nov. 30, 1993], the Secretary of Defense shall prescribe regulations governing the exercise by the Department of Defense of the authority under section 1535 of title 31, United States Code, to purchase goods and services under contracts entered into or administered by another agency.
(b) CONTENT OF REGULATIONS.-The regulations prescribed pursuant to subsection (a) shall
(1) require that each purchase described in subsection (a) be approved in advance by a contracting officer of the Department of Defense with authority to contract for the goods or services to be purchased or by another official in a position specifically designated by regulation to approve such purchase;
(2) provide that such a purchase of goods or services may be made only if
(A) the purchase is appropriately made under a contract that the agency filling the purchase order entered into, before the purchase order, in order to meet the requirements of such agency for the same or similar ods or services;
(B) the agency filling the purchase order is better qualified to enter into or administer the contract for such goods or services by reason of capabilities or expertise that is not available within the Department;
(C) the agency or unit filling the order is specifically authorized by law or regulations to purchase such goods or services on behalf of other agencies; or
(D) the purchase is authorized by an Executive order or a revision to the Federal Acquisition Regulation setting forth specific additional circumstances in which purchases referred to in subsection (a) are authorized;
(3) prohibit any such purchase under a contract or other agreement entered into or administered by an agency not covered by the provisions of chapter 137 of title 10, United States Code, or title III of the Federal Property and Administrative Services Act of 1949 and not covered by the Federal Acquisi
tion Regulation unless the purchase is approved in advance by the Senior Acquisition Executive responsible for purchasing by the ordering agency or unit; and
(4) prohibit any payment to the agency filling a purchase order of any fee that exceeds the actual cost or, if the actual cost is not known, the estimated cost of entering into and administering the contract or other agreement under which the order is filled.
(c) MONITORING SYSTEM REQUIRED.-The Secretary of Defense shall ensure that, not later than one year after the date of the enactment of this Act [Nov. 30, 1993], systems of the Department of Defense for collecting and evaluating procurement data are capable of collecting and evaluating appropriate data on procurements conducted under the regulations prescribed pursuant to subsection (a). (d) TERMINATION.-This section shall cease to be effective one year after the date on which final regulations prescribed pursuant to subsection (a) take effect.
SEC. 845. [10 U.S.C. 2371 note] AUTHORITY OF THE ADVANCED RESEARCH PROJECTS AGENCY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
(a) AUTHORITY.-The Director of the Advanced Research Projects Agency may, under the authority of section 2371 of title 10, United States Code, carry out prototype projects that are directly relevant to weapons or weapon systems proposed to be acquired or developed by the Department of Defense.
(b) EXERCISE OF AUTHORITY.-(1) Subsections (c)(2) and (c)(3) of such section 2371, as redesignated by section 827(b)(1)(B), shall not apply to projects carried out under subsection (a).
(2) The Director shall, to the maximum extent practicable, use competitive procedures when entering into agreements to carry out projects under subsection (a).
(c) PERIOD OF AUTHORITY.-The authority of the Director to carry out projects under subsection (a) shall terminate 3 years after the date of the enactment of this Act [Nov. 30, 1993].
SEC. 847. [107 Stat. 1723] CONTRACT BUNDLING.
(a) STUDY REQUIRED.-The Comptroller General shall conduct a study regarding the impact of contract bundling on the participation of small business concerns (including small business concerns owned and controlled by socially and economically disadvantaged individuals) in procurement by the Department of Defense.
(b) PURPOSES OF STUDY.-In addition to such other matters as the Comptroller General considers appropriate, the study required by subsection (a) shall
(1) catalog the benefits and adverse effects of contract bundling on Department of Defense contracting activities;
(2) catalog the benefits and adverse effects of contract bundling on small business concerns seeking to sell goods or services to the Department of Defense;
(3) catalog and assess the adequacy of the policy guidance applicable to procurement personnel of the Department of Defense regarding the bundling of contract requirements;
(4) review and analyze the data compiled pursuant to subsection (c) regarding the extent to which procuring activities of the Department of Defense have been bundling their requirements for the procurement of goods and services (including construction);
(5) review and assess the adequacy of the statements submitted by procuring activities of the Department of Defense pursuant to section 15(a) of the Small Business Act (15 U.S.C. 644(a)) regarding bundling of contract requirements; and
(6) assess whether small business specialists of the Department of Defense or procurement center representatives of the Small Business Administration have adequate policy guidance and effective authority to make an independent assessment regarding proposed bundling of contract requirements. (c) DATA ON CONTRACT BUNDLING.
(1) DATA TO BE COMPILED.-For purposes of conducting the study required by subsection (a), the Secretary of Defense shall compile and furnish to the Comptroller General data regarding contracts awarded during fiscal years 1988, 1992, and 1993 that reflect the bundling of the types of contract requirements that were previously solicited and awarded as separate contract actions. With respect to such bundled contracts, the Secretary shall seek to furnish data regarding
(A) the number and dollar value of such contract awards and the types of goods or services (including construction) that were procured;
(B) the number and estimated dollar value of requirements previously procured through separate contract actions which were included in each of the contract actions identified under subparagraph (A);
(C) any justifications (including estimates of cost savings) for the bundled contract actions identified under subparagraph (A); and
(D) the extent of participation by small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals under subcontracting plans pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
(2) SUBMISSION TO THE COMPTROLLER GENERAL.-The Secretary of Defense shall furnish the data described in paragraph (1) to the Comptroller General not later than February 1, 1994. (d) REPORT.-Not later than April 1, 1994, the Comptroller General shall submit to the Committees on Armed Services and Small Business of the Senate and House of Representatives a report containing the results of the study required by subsection (a). The report shall include recommendations for appropriate changes to statutes, regulations, policy, or practices that would ameliorate any identified adverse effects of contract bundling on the participation of small business concerns in procurements by the Department of Defense.
(e) DEFINITION.-For the purposes of this section, the terms "contract bundling" and "bundling of contract requirements" means the practice of consolidating two or more procurement requirements of the type that were previously solicited and awarded as
separate smaller contracts into a single large contract solicitation likely to be unsuitable for award to a small business concern due
(1) the diversity and size of the elements of performance specified;
(2) the aggregate dollar value of the anticipated award; (3) the geographical dispersion of the contract performance sites; or
(4) any combination of the factors described in paragraphs (1), (2), and (3).
SEC. 849. BUY AMERICAN PROVISIONS.
(a) COMPLIANCE WITH BUY AMERICAN ACT.-No funds authorized to be appropriated pursuant to this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act.
(b) PROHIBITION OF CONTRACTS.-[10 U.S.C. 2410f note] If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) 2 BUY AMERICAN ACT WAIVER RESCISSIONS.-[41 U.S.C. 10b-2 note] (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.
(d) DEFINITION.-For purposes of this section, the term "Buy American Act" means title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 (41 U.S.C. 10a et seq.).
DIVISION B-MILITARY CONSTRUCTION AUTHORIZATIONS
A provision similar to section 849(c) is contained in section 8058 of Public Law 103-335, set forth beginning on page 432.