Page:United States Statutes at Large Volume 111 Part 2.djvu/990

 Ill STAT. 2070 PUBLIC LAW 105-85—NOV. 18, 1997 (3) by striking out the semicolon at the end of each of paragraphs (1) through (7) and inserting in Heu thereof a period; and (4) by striking out "; and" at the end of psiragraph (8) and inserting in lieu thereof a period. PART II—TRANSITION MATTERS RELATING TO OPERATION AND ADMINISTRATION OF CANAL SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM AND BOARD OF CONTRACT APPEALS. Title III of the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) is amended by inserting after the title heading the following new chapter: " CHAPTER 1—PROCUREMENT "P ROCUREMENT SYSTEM 22 USC 3861. "SEC 3101. (a) PANAMA CANAL ACQUISITION REGULATION.— (1) The Commission shall establish by regulation a comprehensive procurement system. The regulation shall be known as the 'Panama Canal Acquisition Regulation' (in this section referred to as the 'Regulation') and shall provide for the procurement of goods and services by the Commission in a manner that— "(A) applies the fundamental operating principles and procedures in the Federal Acquisition Regulation; "(B) uses efficient commercial standards of practice; and "(C) is suitable for adoption and uninterrupted use by the Republic of Panama after the Canal Transfer Date, "(2) The Regulation shall contain provisions regarding the establishment of the Panama Canal Board of Contract Appeals described in section 3102. "(b) SUPPLEMENT TO REGULATION.—The Commission shall develop a Supplement to the Regulation (in this section referred to as the 'Supplement') that identifies both the provisions of Federal law applicable to procurement of goods and services by the Commission and the provisions of Federal law waived by the Commission under subsection (c), " (c) WAIVER AUTHORITY.— (1) Subject to paragraph (2), the Commission shall determine which provisions of Federal law should not apply to procurement by the Commission and may waive those laws for purposes of the Regulation and Supplement. "(2) For purposes of paragraph (1), the Commission may not waive— "(A) section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423); "(B) the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), other than section 10(a) of such Act (41 U.S.C. 609(a)); or "(C) civil rights, environmental, or labor laws. " (d) CONSULTATION WITH ADMINISTRATOR FOR FEDERAL PROCUREMENT POLICY. —In establishing the Regulation and developing the Supplement, the Commission shall consult with the Administrator for Federal Procurement Policy.

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