Page:United States Statutes at Large Volume 108 Part 4.djvu/184

 108 STAT. 2818 PUBLIC LAW 103-337—OCT. 5, 1994 "(1) AIR CIRCUIT BREAKERS.—Subsection (a) does not apply to a procurement of spares or repair parts needed to support air circuit breakers produced or manufactured outside the United States. "(2) VALVES AND MACHINE TOOLS. — (A) Contracts to which subsection (a) applies include the following contracts for the procurement of items described in paragraph (4) of such subsection: "(i) A contract for procurement of such an item for use in property under the control of the Department of Defense, including any Government-owned, contractoroperated facility. "(ii) A contract that is entered into by a contractor on behalf of the Department of Defense for the purpose of providing such an item to another contractor as Government-furnished equipment. "(B) In any case in which a contract for items described in subsection (a)(4) includes the procurement of more than one Federal Supply Class of machine tools or machine tools and accessories, each supply class shall be evaluated separately for purposes of determining whether the limitation in subsection (a) applies. "(C) Subsection (a)(4) and this paragraph shall cease to be effective on October 1, 1996. "(3) BALL BEARINGS AND ROLLER BEARINGS.—Subsection (a)(5) and this paragraph shall cease to be effective on October 1, 1995. "(d) WAIVER AUTHORITY.—The Secretary of Defense may waive the limitation in subsection (a) with respect to the procurement of an item listed in that subsection if the Secretary determines that any of the following apply: "(1) Application of the limitation would cause unreasonable costs or delays to be incurred. "(2) United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country. "(3) Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, and that country does not discriminate ^ against defense items produced in the United States to a greater ^' degree than the United States discriminates against defense items produced in that country. "(4) Satisfactory quality items manufactured by an entity that is part of the national technology and industrial base (as defined in section 2491(1) of this title) are not available. "(5) Application of the limitation would result in the existence of only one source for the item that is an entity that is part of the national technology and industrial base (as defined in section 2491(1) of this title). "(6) The procurement is for gm amount less than the simplified acquisition threshold and simplified purchase procedures are being used. "(7) Application of the limitation is not in the national security interests of the United States.

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