Page:United States Statutes at Large Volume 97.djvu/1487

 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1455 contractor or other contractors for such system provides the United States with written guarantees— (1) that the system and each component thereof were designed and manufactured so as to conform to the Government's per- formance requirements as specifically delineated (A) in the production contract, or (B) in any other agreement relating to the production of such system entered into by the United States and the contractor; (2) that the system and each component thereof, at the time they are provided to the United States, are free from all defects (in materials and workmanship) which would cause the system to fail to conform to the Government's performance require- ments as specifically delineated (A) in the production contract, or (B) in any other agreement relating to the production of such system entered into by the United States and the contractor; and (3) that, in the event of a failure of the weapon system or a component to meet the conditions specified in clauses (1) and (2)- (A) the contractor will bear the cost of all work promptly to repair or replace such parts as are necessary to achieve the required performance requirements; or (B) if the contractor fails to repair or replace such parts promptly, as determined by the Secretary of Defense, the contractor will pay the costs incurred by the United States in procuring such parts from another source. (b) A written guarantee provided pursuant to subsection (a) shall not apply in the case of any weapon system or component thereof which has been furnished by the Government to a contractor. (c) The Secretary of Defense may waive the requirements of subsection (a) in the case of a weapon system if the Secretary— (1) determines that the waiver is necessary in the interest of the national defense or would not be cost-effective; and (2) notifies the Committees on Armed Services and Appropri- ations of the Senate and the House of Representatives in writ- ing of his intention to waive such requirements with respect to such weapon system and includes in the notice an explanation of the reasons for the waiver. (d) The requirements for written guarantees provided in subsec- tion (a) hereof shall apply only to contracts which are awarded after the date of enactment of this Act and shall not cover combat damage. SEC. 795. None of the funds appropriated by this Act shall be obligated under the competitive rate program of the Department of Defense for the transportation of household goods to or from Alaska and Hawaii. SEC. 796. No funds appropriated for the Departments of Defense, Army, Navy, or the Air Force shall be obligated by their respective Secretaries for architectural and engineering services and con- struction design contracts for Military Construction projects in the amount of $85,000 and over, unless competition for such contracts is open to all firms regardless of size in accordance with 40 U.S.C. §541, etseq. SEC. 797. None of the funds made available by this Act shall be used to initiate full-scale engineering development of any major defense acquisition program until the Secretary of Defense has Waiver. Notification to congressional committees. Alaska and Hawaii, household goods transportation. Military construction contracts. 10 USC 2807 note. Certification or plan submittal to Congress.

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