Page:United States Statutes at Large Volume 118.djvu/879

 118 STAT. 849 PUBLIC LAW 108–276—JULY 21, 2004 ‘‘(aa) section 303(g)(1)(A) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)) and its imple menting regulations; and ‘‘(bb) section 302A(b) of such Act (41 U.S.C. 252a(b)) and its implementing regula tions. ‘‘(II) APPLICATION OF CERTAIN PROVISIONS.— Notwithstanding subclause (I) and the provision of law and regulations referred to in such clause, each of the following provisions shall apply to procurements described in this clause to the same extent that such provisions would apply to such procurements in the absence of subclause (I): ‘‘(aa) Chapter 37 of title 40, United States Code (relating to contract work hours and safety standards). ‘‘(bb) Subsections (a) and (b) of section 7 of the Anti Kickback Act of 1986 (41 U.S.C. 57(a) and (b)). ‘‘(cc) Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d) (relating to the examination of contractor records). ‘‘(dd) Section 3131 of title 40, United States Code (relating to bonds of contractors of public buildings or works). ‘‘(ee) 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 middlemen). ‘‘(ff) Section 6002 of the Solid Waste Dis posal Act (42 U.S.C. 6962). ‘‘(gg) 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). ‘‘(III) INTERNAL CONTROLS TO BE ESTAB LISHED.—The Secretary shall establish appropriate internal controls for procurements made under this clause, including requirements with respect to documentation of the justification for the use of the authority provided under this paragraph with respect to the procurement involved. ‘‘(IV) AUTHORITY TO LIMIT COMPETITION.—In conducting a procurement under this subpara graph, the Secretary may not use the authority provided for under subclause (I) 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. ‘‘(iv) PROCEDURES OTHER THAN FULL AND OPEN COMPETITION.—

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