Page:United States Statutes at Large Volume 103 Part 2.djvu/129

 PUBLIC LAW 101-165—NOV. 21, 1989 103 STAT. 1139 (4) to pay the salary of an RCAS program manager who has not been selected and approved by the Chief of the National Guard Bureau and chartered by the Chief of the National Guard Bureau and the Secretary of the Army; (5) unless the Program Manager (PM) charter makes the PM accountable to the source selection official and fully defines his authority, responsibility, reporting channels and organizational structure; (6) to pay the salaries of individuals assigned to the RCAS program management office, source selection evaluation board, and source selection advisory board unless such organizations are comprised of personnel chosen jointly by the Chiefs of the National Guard Bureau and the Army Reserve; (7) to award a contract for development or acquisition of RCAS unless such contract is competitively awarded under procedures of OMB Circular A-109 for an integrated system consisting of software, hardware, and communications equip- ment and unless such contract precludes the use of Government furnished equipment, operating systems, and executive and applications software; and (8) unless RCAS performs its own classified information processing. Oi)) None of the funds appropriated or made available in this Act are available for procurement of Tactical Army Combat Service Support Computer Systems (TACCS) unless at least 50 percent of the TACCS computers procured with Army fiscal year 1990 funds are provided to the Reserve Component. (c) None of the funds appropriated in this Act are available for procurement of mini- and micro-computers for the Army Reserve Component which duplicate functions to be included in the RCAS contract. SEC, 9048. None of the funds provided for the Department of Defense in this Act may be obligated or expended for fixed price- type contracts in excess of $10,000,000 for the development of a major system or subsystem unless the Under Secretary of Defense for Acquisition determines, in writing, that program risk has been reduced to the extent that realistic pricing can occur, and that the contract type permits an equitable and sensible allocation of pro- gram risk between the contracting parties: Provided, That the Under Secretary may not delegate this authority to any persons who hold a position in the Office of the Secretary of Defense below the level of Assistant Secretary of Defense: Provided further. That at Contracts, least thirty days before making a determination under this section the Secretary of Defense will notify the Committees on Appropria- tions of the Senate and House of Representatives in writing of his intention to authorize such a fixed price-type developmental con- tract and shall include in the notice an explanation of the reasons for the determination. SEC. 9049. Monetary limitations on the purchase price of a pas- senger motor vehicle shall not apply to vehicles purchased for intelligence activities conducted pursuant to Executive Order 12333 or successor orders. SEC. 9050, Not to exceed $20,000,000 of the funds available to the Department of the Army during the current fiscal year may be used to fund the construction of classified military projects within the Continental United States, including design, architecture, and engineering services.

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