Page:United States Statutes at Large Volume 106 Part 5.djvu/664

 106 STAT. 4302 PUBLIC LAW 102-567—OCT. 29, 1992 (3)(A) the cost of the contract is less than the cost (mcluding the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or (B) NOAA vessels are not available or cannot provide those services. (c) BONDING AUTHORTIY.— Notwithstanding any other law, the Secretary may not require a contractor for the construction, edteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract. 33 USC 891e. SEC. 607. RESTRICTION WITH RESPECT TO CERTAIN SHIPYARD SUB- SIDIES. (a) IN GENERAL.— The Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard. (b) DEFINITION.— In this section, the term "significant subsidy" includes, but is not limited to, any of the following: (1) Officially supported export credits. (2) Direct ofiELdal operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, incluoing but not limited to— (A) grants; (B) loans and loan guarantees other than those available on the commercial market; (C) forgiveness of debt; (D) equity infiisions on terms inconsistent with commercially reasonable investment practices; and (E) preferential provision of goods and services. (3) Direct official support for investment in the commercial shipbuilding and repair mdustry, or to a related entity that favors the operation of shipbuiloing and repair, including but not limited to the kinds or support listed in paragraph (2)(A) throi^h (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures. (4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, tnat benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises. (5) Tax poliaes and practices that favor the shipbuilding and repair industiy, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons orfirmsnot engaged in shipbuilding or repair. (6) Any official rf^eiuation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter mto anticompetitive arrangements.

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