Page:United States Statutes at Large Volume 98 Part 1.djvu/1242

 98 STAT. 1194

PUBLIC LAW 98-369—JULY 18, 1984

(A) by inserting ", except for determinations and decisions under section 2304 or 2305 of title," in the first sentence after "contract or"; and (B) by inserting ", including a determination or decision under section 2304 or 2305 of this title," in the second sentence after "decision"; and (2) by striking out subsection (b) and inserting in lieu thereof the following: "(b) Each determination or decision under section 2306(c), 2306(g)(l), 2307(c), or 2313(c) of this title shall be based on a written finding by the person making the determination or decision, which finding shall set out facts and circumstances that— "(1) clearly indicate why the type of contract selected under section 2306(c) of this title is likely to be less costly than any other type or that it is impracticable to obtain property or services of the kind or quality required except under such a contract; "(2) support the findings required by section 2306(g)(l) of this title; "(3) clearly indicate why advance payments under section 2307(c) of this title would be in the public interest; or "(4) clearly indicate why the application of section 2313(b) of this title to a contract or subcontract with a foreign contractor or foreign subcontractor would not be in the public interest. Such a finding is final and shall be kept available in the agency for at least six years after the date of the determination or decision. A copy of the finding shall be submitted to the General Accounting Office with each contract to which it applies.". LIMITATION ON AUTHORITY TO DELEGATE CERTAIN FUNCTIONS

SEC. 2726. Section 2311 of title 10, United States Code, is amended— (1) by striking out "The head" and inserting in lieu thereof "Except as provided in section 2304(d)(2) of this title, the head"; and (2) by striking out "chapter" and all that follows and inserting in lieu thereof "chapter.". CONFORMING AMENDMENTS

SEC. 2727. (a) The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended— (1) by striking out the item relating to section 2301 and inserting in lieu thereof the following: "2301. Congressional defense procurement policy."; and

(2) by striking out the items relating to sections 2304, 2305, and 2306 and inserting in lieu thereof the following: "2304. Contracts: competition requirements. "2305. Contracts: planning, solicitation, evaluation, and award procedures. "2306. Kinds of contracts; cost or pricing data: truth in negotiation.".

Ante, p. 1187.

(b) Subsection (h) of section 2304 of such title (as redesignated by section 2723(a)(l)(B)) is amended— (1) by striking out "negotiated under this section" and inserting in lieu thereof "awarded after using procedures other than sealed-bid procedures"; and

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