Page:United States Statutes at Large Volume 107 Part 2.djvu/771

 PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1721 shall prescribe regulations governing the exercise by the Department of Defense of the auuiority under section 1535 of title 31, United States Code, to purchase goods and services under contracts entered into or administered by another agency. (b) CONTENT OF REGULATIONS. —The regulations prescribed pursuant to subsection (a) shall— (1) require that each purchase described in subsection (a) be approved in advance by a contracting officer of the Department of Defense with authority to contract for the goods or services to be purchased or by another official in a position specifically designated by regulation to approve such purchase; (2) provide that such a purchase of goods or services may be made only if— (A) the purchase is appropriately made under a contract tiiat the agency filling the purchase order entered into, before the purchase order, in order to meet the requirements of such agency for the same or similar goods or services; (B) the agency filling the purchase order is better qualified to enter into or administer the contract for such goods or services by reason of capabilities or expertise that is not available within the Department; (C) the agency or unit filling the order is specifically authorized by law or regulations to purchase such goods or services on behalf of other agencies; or (D) the purchase is authorized by an Executive order or a revision to the Federal Acquisition Regulation setting forth specific additional circumstances in which purchases referred to in subsection (a) are authorized; (3) prohibit any such purchase under a contract or other agreement entered into or administered by an agency not covered by the provisions of chapter 137 of title 10, United States Code, or title III of the Federal Property and Administrative Services Act of 1949 and not covered by the Federal Acquisition Regulation unless the purchase is approved in advance by the Senior Acquisition Executive responsible for purchasing by the ordering agency or unit; and (4) prohibit any payment to the agency filling a purchase order of any fee that exceeds the actual cost or, if the actual cost is not known, the estimated cost of entering into and administering the contract or other agreement under which the order is filled. (c) MONITORING SYSTEM REQUIRED. —The Secretary of Defense shall ensure that, not later than one year after the date of the enactment of this Act, systems of the Department of Defense for collecting and evaluating procurement data are capable of collecting and evaluating appropriate data on procurements conducted under the regulations prescribed pursuant to subsection (a). (d) TERMINATION.— ^irhis section shall cease to be effective one year after the date on which final regulations prescribed pursuant to subsection (a) taike effect. SEC. 845. AUTHORITY OF THE ADVANCED RESEARCH PROJECTS 10 USC 2371 AGENCY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS, note. (a) AUTHORITY.— The Director of the Advanced Research Projects Agency may, under the authority of section 2371 of title 10, United States Code, carry out prototype projects that are directly 69-194O-94-25:QL.3Part2

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