Page:United States Statutes at Large Volume 104 Part 3.djvu/262

 104 STAT. 1614 PUBLIC LAW 101-510—NOV. 5, 1990 "(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime; "(3) ensure appropriate emphasis on technical and quality factors in the source selection process; "(4) require identification of any hours in excess of 40-hour weeks included in a proposal; "(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and "(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract. " (c) WAIVER OF TASK ORDER LIMITATION.— (1) The Secretary of Defense may waive the limitation in section 2304(j)(4) of this title on the total value of task orders on a case-by-case basis for specific contracting activities to the extent the Secretary considers necessary the use of master agreements in order to further the policy set forth in subsection (a) of this section. "(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989. Federal "(3) Such a waiver shall not become effective until 60 days after Register, ^he Secretary of Defense has published notice thereof in the Federal publication. Register. ". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2330 the following new item: "2331. Contracts for professional and technical services.". 10 USC 2331 (b) REGULATIONS. —Not later than 180 days after the date of the "°*® enactment of this Act, the Secretary of Defense shall publish for public comment new regulations to carry out the requirements in this section. The Secretary shall promulgate final regulations to carry out such requirements not later than 270 days after the date of the enactment of this Act. SEC. 835. REQUIREMENT TO USE DOMESTICALLY MANUFACTURED CAR- BONYL IRON POWDERS (a) LIMITATION.—Section 2507 of title 10, United States C!ode, is amended by adding at the end the following new subsection: "(e) CARBONYL IRON POWDERS.—(1) The Secretary of Defense shall require that only domestically manufactured carbonyl iron powders may be used in a system or item procured by or provided to the Department of Defense. "(2) The Secretary of Defense may waive the restriction required by paragraph (1) if the Secretary certifies that such a restriction is not in the national interest. "(3) After September 30, 1994, the Secretary may terminate the restriction required under paragraph (1) if the Secretary determines that continuing the restriction is not in the national interest. "(4) In this subsection:

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