Page:United States Statutes at Large Volume 108 Part 4.djvu/678

 108 STAT. 3312 PUBLIC LAW 103-355 —OCT. 13, 1994 minimize the amount and number of incidents of the payment of severance pay by the contractor to employees under the contract who are foreign nationals; and "(iii) the payment of severance pay is necessary in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract or is necessary to comply with a collective bargaining agreement. "(B) An executive agency shall include in the solicitation for a covered contract a statement indicating— "(i) that a waiver has been granted under subparagraph (A) for the contract; or "(ii) whether the executive agency will consider granting such a waiver, and, if the executive agency will consider granting a waiver, the criteria to be used in granting the waiver. "(C) An executive agency shall make the final determination regarding whether to grsint a waiver under subparagraph (A) with respect to a covered contract before award of the contract. "(3) The provisions of the Federal Acquisition Regulation implementing this section may establish appropriate definitions, exclusions, limitations, and qualifications. Any submission by a contractor of costs which are incurred by the contractor and which are claimed to be allowable under Department of Energy management and operating contracts shall be considered a 'proposal for settlement of indirect costs incurred by the contractor for any period after such costs have been accrued', as used in this section. "(f) REQUIRED REGULATIONS. —(1) The Federal Acquisition Regulation shall contain provisions on the allowability of contractor costs. Such provisions shall define in detail and in specific terms those costs which are unallowable, in whole or in part, under covered contracts. The regulations shall, at a minimum, clarify the cost principles applicable to contractor costs of the following: "(A) Air shows. "(B) Membership in civic, community, and professional organizations. "(C) Recruitment. "(D) Employee morale and welfare. "(E) Actions to influence (directly or indirectly) executive branch action on regulatory and contract matters (other than costs incurred in regard to contract proposals pursuant to solicited or unsolicited bids). "(F) Community relations. "(G) Dining facilities. "(H) Professional and consulting services, including legal services. "(I) Compensation. "(J) Selling and marketing. "(K) Travel. "(L) Public relations. "(M) Hotel and meal expenses. "(N) Expense of corporate aircraft. "(O) Company-furnished automobiles. "(P) Advertising. "(Q) Conventions.

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