Page:United States Statutes at Large Volume 108 Part 4.djvu/615

 PUBLIC LAW 103^55—OCT. 13, 1994 108 STAT. 3249 TITLE I—CONTRACT FORMATION Subtitle A—Competition Statutes PART I—ARMB]D SERVICES ACQUISITIONS Subpart A—Competition Requirements SEC. 1001. REFERENCES TO FEDERAL ACQUISITION REGULATION. Section 2304 of title 10, United States Code, is amended— (1) in subsection (a)(1)(A), by striking out "modifications" and all that follows through "note)" and inserting in lieu thereof "Federal Acquisition Regulation"; and (2) in subsection (g)(1), by striking out "regulations modified" and all that follows through "note)" and inserting in lieu thereof "Federal Acquisition Regulation". SEC. 1002. ESTABLISHMENT OR MAINTENANCE OF ALTERNATIVE SOURCES OF SUPPLY. (a) ADDITIONAL JUSTIFICATION FOR ESTABLISHING OR MAINTAIN- ING ALTERNATIVE SOURCES.—Section 2304(b)(1) of such title is amended— (1) by striking out "or" at the end of subparagraph (B); (2) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new subparagraphs: "(D) would ensure the continuous availability of a reUable source of supply of such property or service; "(E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or "(F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.^ '. (b) PROHIBITION ON USE OF CLASSES OF PURCHASES OR CON- TRACTS.—Section 2304(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(4) A determination under paragraph (1) may not be made for a class of purchases or contracts.". SEC. 1003. CLARIFICATION OF APPROVAL AUTHORITY FOR USE OF PROCEDURES OTHER THAN FULL AND OPEN COMPETI- TION. Section 2304(f)(l)(B)(i) of title 10, United States Code, is amended by inserting before the semicolon at the end the following: "or by an official referred to in clause (ii), (iii), or (iv)". SEC. 1004. TASK AND DELIVERY ORDER CONTRACTS. (a) AUTHORITY. —(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2304 the following new sections: ^§ 2304a. Task and delivery order contracts: general authority "(a) AUTHORITY TO AWARD.—Subject to the requirements of this section, section 2304c of this title, and other applicable law, the head of an agency may enter into a task or dehvery order

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