Page:United States Statutes at Large Volume 118.djvu/867

 118 STAT. 837 PUBLIC LAW 108–276—JULY 21, 2004 ‘‘(i) Chapter 37 of title 40, United States Code (relating to contract work hours and safety standards). ‘‘(ii) Subsections (a) and (b) of section 7 of the Anti Kickback Act of 1986 (41 U.S.C. 57(a) and (b)). ‘‘(iii) Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d) (relating to the examination of contractor records). ‘‘(iv) Section 3131 of title 40, United States Code (relating to bonds of contractors of public buildings or works). ‘‘(v) Subsection (a) of section 304 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a)) (relating to contingent fees to middle men). ‘‘(vi) Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962). ‘‘(vii) Section 1354 of title 31, United States Code (relating to the limitation on the use of appropriated funds for contracts with entities not meeting veterans employment reporting requirements). ‘‘(C) INTERNAL CONTROLS TO BE INSTITUTED.—The Sec retary shall institute appropriate internal controls for procurements that are under this paragraph, including requirements with regard to documenting the justification for use of the authority in this paragraph with respect to the procurement involved. ‘‘(D) AUTHORITY TO LIMIT COMPETITION.—In conducting a procurement under this paragraph, the Secretary may not use the authority provided for under subparagraph (A) to conduct a procurement on a basis other than full and open competition unless the Secretary determines that the mission of the BioShield Program under the Project BioShield Act of 2004 would be seriously impaired without such a limitation. ‘‘(2) PROCEDURES OTHER THAN FULL AND OPEN COMPETI TION.— ‘‘(A) IN GENERAL.—In using the authority provided in section 303(c)(1) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1)) to use procedures other than competitive procedures in the case of a procurement described in paragraph (1) of this subsection, the phrase ‘available from only one respon sible source’ in such section 303(c)(1) shall be deemed to mean ‘available from only one responsible source or only from a limited number of responsible sources’. ‘‘(B) RELATION TO OTHER AUTHORITIES.—The authority under subparagraph (A) is in addition to any other authority to use procedures other than competitive proce dures. ‘‘(C) APPLICABLE GOVERNMENT WIDE REGULATIONS.— The Secretary shall implement this paragraph in accord ance with government wide regulations implementing such section 303(c)(1) (including requirements that offers be solicited from as many potential sources as is practicable under the circumstances, that required notices be pub lished, and that submitted offers be considered), as such regulations apply to procurements for which an agency

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