Page:United States Statutes at Large Volume 108 Part 4.djvu/639

 PUBLIC LAW 103-355 —(Xrr. 13, 1994 108 STAT. 3273 entered into by agencies of State and local governments, and contracts entered into by commercial customers; and "(ii) such information submitted by offerors is considered; and "(D) the period for which information on past performance of offerors may be maintained and considered. "(2) In the case of an offeror with respect to which there is no information on past contract performance or with respect to which information on past contract performance is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance.". SEC. 1092. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON COM- PETITION. Section 23 of the Office of Federal Procurement Policy Act (41 U.S.C. 419) is repealed. SEC. 1093. DISCOURAGEMENT OF NONSTANDARD CONTRACT CLAUSES. The Office of Federal Procurement PoUcy Act (41 U.S.C. 401 et seq.) is amended by adding at the end the following new section: "SEC. 29. NONSTANDARD CONTRACT CLAUSES. 41 USC 425. "The Federal Acquisition Regulatory Council shall promulgate regulations to discourage the use of a nonstandard contract clause on a repetitive basis. The regulations shall include provisions that— "(1) clearly define what types of contract clauses are to be treated as nonstandard clauses; and "(2) require prior approval for the use of a nonstandard clause on a repetitive basis by an official at a level of responsibility above the contracting officer.". Subtitle B—Truth in Negotiations PART I—ARMED SERVICES ACQUISITIONS SEC. 1201. STABILIZATION OF DOLLAR THRESHOLD OF APPLICABILITY. (a) REPEAL OF REVERSION TO LOWER THRESHOLD. — Paragraph (1)(A) of section 2306a(a) of title 10, United States Code, is amended— (1) in clause (i), by striking out "and before January 1, 1996,"; and (2) in clause (ii), by striking out "or after December 31, 1995,". (b) ADJUSTMENTS FOR CHANGES IN DOLLAR VALUES.—Section 2306a(a) of such title is amended by adding at the end the following new subparagraph: "(7) Effective on October 1 of each year that is divisible by 5, each amount set forth in paragraph (1) shall be adjusted to the amount that is equal to the fiscal year 1994 constant dollar value of the amount set forth. Any amount, as so adjusted, that is not evenhr divisible by $50,000 shall be rounded to the nearest multiple of $50,000. In the case of an amount that is evenly divisible by $25,000 but not evenly divisible by $50,000, the amount shall be rounded to the next higher multiple of $50,000.". (c) REPEAL. —Paragraph (6) of section 2306a(a) of such title is amended— (1) by striking out "(A)"; and

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