Page:United States Statutes at Large Volume 110 Part 1.djvu/755

 PUBLIC LAW 104-107—FEB. 12, 1996 110 STAT. 731 COMPETITIVE INSURANCE SEC. 528A. All Agency for International Development contracts and solicitations, and subcontracts entered into under such contracts, shall include a clause requiring that United States insurance companies have a fair opportunity to bid for insurance when such insurance is necessary or appropriate. STINGERS IN THE PERSIAN GULF REGION SEC. 529. Except as provided in section 581 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, the United States may not sell or otherwise make available any Stingers to any country bordering the Persian Gulf under the Arms Export Control Act or chapter 2 of part II of the Foreign Assistance Act of 1961. DEBT-FOR-DEVELOPMENT SEC. 530. In order to enhance the continued participation of nongovernmental organizations in economic assistance activities under the Foreign Assistance Act of 1961, including endowments, debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the Agency for International Development may place in interest bearing accounts funds made available under this Act or prior Acts or local currencies which accrue to that organization as a result of economic assistance provided under title II of this Act and any interest earned on such investment may be used for the purpose for which the assistance was provided to that organization. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES Contracts. SEC. 53 1A. (a) COSTING BASIS. —Section 22 of the Arms Export Control Act (22 U.S.C. 2762) is amended by adding at the end the following: "(d) COMPETITIVE PRICING.— Procurement contracts made in implementation of sales under this section for defense articles and defense services wholly paid for from funds made available on a nonrepayable basis shall be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal, and other costing elements, as is applicable to procurements of like items purchased by the Department of Defense for its own use.". (b) EFFECTIVE DATE AND IMPLEMENTING REGULATIONS. —Section 22 USC 2762 22(d) of the Arms Export Control Act, as added by subsection note, (a)— (1) shall take effect on the 60th day following the date of the enactment of this Act; (2) shall be applicable only to contracts made in implementation of sales made after such effective date; and (3) shall be implemented by revised procurement regulations, which shall be issued prior to such effective date. (c) DIRECT COSTS ALLOWABLE.— Direct costs associated with 22 USC 2762 meeting a foreign customer's additional or unique requirements note. will continue to be allowable under such contracts. Loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the Department of Defense for its own use.

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