Page:United States Statutes at Large Volume 95.djvu/1150

 95 STAT. 1124

PUBLIC LAW 97-86—DEC. 1, 1981

"2892. Prohibition on use of funds to relieve economic dislocations.". 10 USC 2392 note.

Report to Congress.

(b) The Secretary of Defense may conduct a test program during fiscal year 1982 in accordance with this subsection to test the effect of exemptting certain contracts of the Department of Defense from the provisions of section 2392 of title 10, United States Code (as added by the amendments made by subsection (a)), and paying a price differential under such contracts for the purpose of relieving economic dislocations. Under such test program, the Secretary of Defense may exempt from the provisions of such section any contract (other than a contract for the purchase of fuel) made by the Defense Logistics Agency during fiscal year 1982 if the Secretary determines— (1) that the payment of a price differential under such contract will not adversely affect the national security of the United States; (2) that there is a reasonable expectation that bids will be received from a sufficient number of responsible bidders so that the award of such contract will be made at reasonable cost to the United States; (3) that the price differential to be paid under such contract will not exceed 5 percent; and (4) the value of such contract, when added to the cumulative value of all other contracts awarded under the test program, will not exceed $3,400,000,000. (c) Not later than April 15, 1982, the President shall submit a report to Congress on the implementation and results to that date of the test program authorized by subsection (b). The report shall include an assessment of the costs and benefits of the test program. PROHIBITION AGAINST DOING BUSINESS WFFH CERTAIN OFFERORS OR CONTRACTORS

10 USC 2393

Public inspection.

SEC. 914. (a) Chapter 141 of title 10, United States Code, is amended by adding after section 2392 (as added by section 913) the following new section: "§2393. Prohibition against doing business with certain offerors or contractors "(a)(1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary's knowledge has been debarred or suspended by another Federal agency unless— "(A) in the case of a debarment, the debarment of the offeror or contractor by all other ^encies has been terminated or the period of time specified for such debarment has expired; and "(B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. "(2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. "(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services

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