Page:United States Statutes at Large Volume 101 Part 2.djvu/146

 101 STAT. 1132

PUBLIC LAW 100-180—DEC. 4, 1987

"(4) A requirement that a contract described in subsection (b) include provisions, determined on the basis of negotiations between the Secretary concerned and the contractor, which ensure that if the contract, or the program with respect to which such contract is awarded, is terminated before the maxi?' mum amount specified under paragraph (1) has been paid to the contractor, and the termination is not for a reason that reflects a failure of the contractor to perform the contract, the Secretary concerned, subject to the availability of appropriations, shall pay the contractor the balance of such maximum amount n.:J in accordance with the terms and conditions of the contract. "(5) A requirement that, except as provided in paragraph (2), a contractor under a contract described in subsection (b) shall be paid for the special production tooling or special production test equipment that the contractor was required to acquire or fabricate for performance under the contract in the maximum -qr amount provided in the contract and in accordance with the terms and conditions of the contract. "(d) Costs incurred by a contractor under a contract described in subsection (b) for the acquisition and fabrication of production special tooling and production special test equipment for which reimbursement is made under this section shall be considered to be direct costs incurred by the contractor.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 10 USC 2329 note.

"2329. Production special tooling and production special test equipment: contract terms and conditions.". (b) EFFECTIVE DATE.—Section 2329 of title 10, United States Code,

as added by subsection (a), shall apply with respect to contracts entered into pursuant to solicitations issued after the end of the 120day period beginning on the date of the enactment of this Act. PART B—OTHER ACQUISITION MATTERS SEC. 821. CONFLICT OF INTEREST IN DEFENSE PROCUREMENT

Section 2397b(a)(l)(C) of title 10, United States Code, is amended by striking out "acted as a primary representative" and inserting in lieu thereof "acted as one of the primary representatives". SEC. 822. RESTATEMENT AND MODIFICATION OF RESTRICTIONS ON RE,,, 5, ^, TIRED MILITARY OFFICERS REGARDING CERTAIN MATTERS AFFECTING THE GOVERNMENT

(a) REPEAL OF PRIOR LAW.—Sections 281 and 283 of title 18, United States Code, to the extent that such sections were not repealed by section 2 of Public Law 87-849 (76 Stat. 1126; approved October 23, 1962), are repealed. (b) RESTATEMENT AND MODIFICATION OF LAW.—(1) Chapter 15 of

title 18, United States Code, is amended by inserting after the table of sections the following new section: Law enforcement and crime. 18 USC 281.

"§ 281. Restrictions on retired military officers regarding certain matters affecting the Government "(a)(1) A retired officer of the Armed Forces who, while not on active duty and within two years after release from active duty, directly or indirectly receives (or agrees to receive) any compensation for representation of any person in the sale of anything to the

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