Page:United States Statutes at Large Volume 102 Part 3.djvu/294

 102 STAT. 2270-36 Business and industry.

Reports.

PUBLIC LAW 100-463—OCT. 1, 1988

grams, including procurements in American Samoa and Guam, to a Contractor other than a United States firm: Provided, That the foregoing limitation shall not apply unless the United States firm— (1) has a crude oil refining capacity of not more than 85,000 barrels a day; (2) participates in the Department of Defense overseas fuel procurement program; (3) agrees to the contract on the terms proposed by the foreign firm to which the contract would otherwise be awarded; and (4) does not use processing agreements in order to fulfill the contract, although exchange agreements are specifically permitted. (b) This provision shall not apply if the total cost of supplies offered by the United States firm, including transportation as specified in the solicitation, would exceed the total evaluated cost to the Government if the contract were awarded to the foreign firm. (c) This provision shall not supersede any status of forces agreement and shall not apply to acquisitions subject to the Agreement on Government Procurement of 1979 and the Trade Agreements Act of 1979 (19 U.S.C. 2501-2582) and including acquisitions from countries designated under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701, et seq.). (d) For the purpose of this section, the term "United States firm" means a corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. SEC. 8104. Not later than December 31, 1988, the Secretary of Defense shall submit to Congress a report on the causes and circumstances of all deaths of Navy personnel during Navy training since January 1, 1986, and on the actions taken by the Secretary of Defense and the Secretary of the Navy to prevent further such deaths. ALLOWABILITY OF COSTS TO PROMOTE THE EXPORT OF DEFENSE PRODUCTS

Business and industry.

SEC. 8105. (a) IN GENERAL.—Section 2324(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(5) The regulations shall provide that costs to promote the export of products of the United States defense industry, including costs of exhibiting or demonstrating products, shall be allowable to the extent that such costs— "(A) are allocable, reasonable, and not otherwise unallowable; "(B) with respect to the activities of the business segment to which such costs are being allocated, are determined by the Secretary of Defense to be likely to result in future cost J advantages to the United States; and "(C) with respect to a business segment which allocates to Department of Defense contracts $2,500,000 or more of such costs in any fiscal year of such business segment, are not in excess of the amount equal to 110 percent of such costs incurred by such business segment in the previous fiscal year.".

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