Page:United States Statutes at Large Volume 105 Part 2.djvu/465

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1417 SEC. 805. PROCUREMENT FLEXIBILITY FOR SMALL PURCHASES DURING CONTINGENCY OPERATIONS. Section 2302(7) of title 10, United States Code, is amended by inserting before the period the following: ", except that, in the case of any contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation, the term means $100,000". SEC. 806. PAYMENT PROTECTIONS FOR SUBCONTRACTORS AND SUPPLI- 10 USC 2;?1 ERS. note. (a) REGULATIONS.—The Secretary of Defense shall prescribe in regulations the following requirements: (1) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELAT- ING TO PAYMENT. —(A) Subject to section 5520))(1) of title 5, United States Code, upon the request of a subcontractor or supplier of a contractor performing a Department of Defense contract, the Department of Defense shall promptly make available to such subcontractor or supplier the following information: (i) Whether requests for progress payments or other pay- ments have been submitted by the contractor to the Department of Defense in connection with that contract. (ii) Whether final payment to the contractor has been made by the Department of Defense in connection with that contract. (B) This paragraph shall apply with respect to any Department of Defense contract that is in effect on the date which is 270 days after the date of enactment of this Act or that is awarded after such date. (2) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELAT- ING TO PAYMENT BONDS.— (A) Upon the request of a subcontractor or supplier described in subparagraph (B), the Department of Defense shall promptly make available to such subcontractor or supplier any of the following: (i) The name and address of the surety or sureties on the payment bond, (ii) The penal amount of the payment bond, (iii) A copy of the payment bond. (B) Subparagraph (A) applies to— (i) a subcontractor or supplier having a subcontract, purchase order, or other agreement to furnish labor or material for the performance of a Department of Defense contract with respect to which a payment bond has been furnished to the United States pursuant to the Miller Act; and (ii) a prospective subcontractor or supplier offering to furnish labor or material for the performance of such a Department of Defense contract. (C) With respect to the information referred to in subparagraphs (A)(i) and (A)(ii), the regulations shall include authority for such information to be provided verbally to the subcontractor or supplier. (D) With respect to the information referred to in subparagraph (A)(iii), the regulations may impose reasonable fees to cover the cost of copying and providing requested bonds. (E) This paragraph shall apply with respect to any Department of Defense contract covered by the Miller Act that is in

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