Page:United States Statutes at Large Volume 112 Part 2.djvu/729

 PUBLIC LAW 105-244—OCT. 7, 1998 112 STAT. 1613 " (3) CONSISTENCY WITH APPLICABLE INTERNATIONAL AGREE- MENTS.— If an international agreement is applicable to the procurement, any exercise of authority under paragraph (1) shall be consistent with the international agreement. "(g) MODULAR CONTRACTING.— "(1) IN GENERAL.— The PBO may satisfy the requirements of the PEG for a system incrementally by carrying out successive procurements of modules of the system. In doing so, the PBO may use procedures authorized under this subsection to procure any such module after the first module. "(2) UTILITY REQUIREMENT.— A module may not be procured for a system under this subsection unless the module is useful independently of the other modules or useful in combination with another module previously procured for the system. " (3) CONDITIONS FOR USE OF AUTHORITY.— The PBO may use procedures authorized under paragraph (4) for the procurement of an additional module for a system if— "(A) competitive procedures were used for awarding the contract for the procurement of the first module for the system; and "(B) the solicitation for the first module included— "(i) a general description of the entire system that was sufficient to provide potential offerors with reasonable notice of the general scope of future modules; "(ii) other information sufficient for potentied offerors to make informed business judgments regarding whether to submit offers for the contract for the first module; and "(iii) a statement that procedures authorized under this subsection could be used for awarding subsequent contracts for the procurement of additional modules for the system. "(4) PROCEDURES. —I f the procurement of the first module for a system meets the requirements set forth in paragraph (3), the PBO may award a contract for the procurement of an additional module for the system using any of the following procedures: "(A) SOLE SOURCE. —Award of the contract on a solesource basis to a contractor who was awarded a contract for a module previously procured for the system under competitive procedures or procedures authorized under subparagraph (B). "(B) ADEQUATE COMPETITION.—Award of the contract on the basis of offers made by— "(i) a contractor who was awarded a contract for a module previously procured for the system after having been selected for award of the contract under this subparagraph or other competitive procedures; and "(ii) at least one other offeror that submitted an offer for a module previously procured for the system and is expected, on the basis of the offer for the previously procured module, to submit a competitive offer for the additional module. "(C) OTHER. — Award of the contract under any other procedure authorized by law. "(5) NOTICE REQUIREMENT.—

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