Page:United States Statutes at Large Volume 108 Part 4.djvu/623

 PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3257 established by the procuring activity and reasonable access shall be provided to actual or prospective offerors. "(2) Information exempt from disclosure under section 552 of title 5 may be redacted in a file established pursuant to paragraph (1) unless an appHcable protective order provides otherwise. "(3) Regulations implementing this subsection shall be consistent with the regulations regarding the preparation and submission of an agency's protest file (the so-called rule 4 file') for protests to the General Services Board of Contract Appeals under section 111 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 759).". SEC. 1016. AGENCY ACTIONS ON PROTESTS. Section 2305 of title 10, United States Code, as amended by section 1015, is further amended by adding at the end the following new subsection: "(f) AGENCY ACTIONS ON PROTESTS. —If, in connection with a protest, the head of an agency determines that a soUcitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the agency— "(1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of section 3554 of title 31; and "(2) may pay costs described in paragraph (1) of section 3554(c) of title 31 within the limits referred to in paragraph (2) of such section.". Subpart C—Kinds of Contracts SEC. 1021. REPEAL OF REQUIREMENT FOR SECRETARIAL DETERMINA- TION REGARDING USE OF COST TYPE OR INCENTIVE CONTRACT. Subsection (c) of section 2306 of title 10, United States Code, is repealed. SEC. 1022. REVISION AND REORGANIZATION OF MULTIYEAR CON- TRACTING AUTHORITY. (a) IN GENERAL.—(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2306a the following new section: "(a) IN GENERAL.— To the extent that funds are otherwise available for obligation, the head of an agency may enter into multiyear contracts for the purchase of property whenever the head of that agency finds— "(1) that the use of such a contract will result in substantigJ savings of the total anticipated costs of carrying out the program through annual contracts; "(2) that the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; "(3) that there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation;
 * "§ 2306b. Multiyear contracts

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