Page:United States Statutes at Large Volume 101 Part 2.djvu/159

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1145

cation a plan for revising the installation of those systems in order to reflect any additional requirements resulting from that treaty. (c) MILESTONES.—The Secretary shall submit with the certification Reports. under subsection (a) a description of the key milestones for entering into contracts under the program and for reaching an agreement concerning NATO financing and shall include a certification that all available steps are being taken to accelerate agreement with NATO on a final plan for recoupment of advance funding by the United States for the installation of such systems.

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TITLE XI—DEPARTMENT OF DEFENSE MANAGEMENT PART A—CONSTRUCTION AND MAINTENANCE OF NAVAL VESSELS SEC. 1101. CLARIFICATION OF LIMITATION ON CONTRACTING FOR SHORT-TERM NAVAL VESSEL REPAIR WORK

Subsection (d) of section 7299a of title 10, United States Code, is Rivers and amended to read as follows: harbors. "(d)(1) Before issuing a solicitation for a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall determine if there is adequate competition available among firms able to perform the work at the homeport of the vessel. If the Secretary determines that there is adequate competition among such firms, the Secretary— "(A) shall issue such a solicitation only to firms able to ,;^.,:; perform the work at the homeport of the vessel; and "(B) may not award such contract to a firm other than a firm that will perform the work at the homeport of the vessel. "(2) Paragraph (1) applies notwithstanding subsection (b) or any other provision of law. "(3) Paragraph (1) does not apply— "(A) in the case of voyage repairs; or "(B) in the case of a vessel that is assigned to the Naval Reserve force and homeported on the West Coast of the United States. "(4) In this subsection, the term 'short-term work' means work that will be for a period of six months or less.". SEC. 1102. RATES FOR PROGRESS PAYMENTS ON CERTAIN NAVAL SHIP REPAIR CONTRACTS

(a) IN GENERAL.—(1) Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section: "§ 7312. Repair or maintenance of naval vessels: progress payments under certain contracts "(a) The Secretary of the Navy shall provide that the rate for progress payments on naval ship contracts to which this section applies shall be— "(1) 90 percent, in the case of firms considered to be small businesses, and "(2) 85 percent, in the case of all other firms. "(b) This section applies to any contract awarded by the Secretary of the Navy for repair, maintenance, or overhaul of a naval vessel (other than a nuclear-powered vessel) for work required to be performed in one year or less.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

lo use 7312.

Small business.

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