Page:United States Statutes at Large Volume 98 Part 3.djvu/229

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2601

"§ 2384a. Supplies: economic order quantities "(a)(1) An agency referred to in section 2303(a) of this title shall procure supplies in such quantity as (A) will result in the total cost and unit cost most advantageous to the United States, where practicable, and (B) does not exceed the quantity reasonably expected to be required by the agency. "(2) The Secretary of Defense shall take paragraph (1) into account in approving rates of obligation of appropriations under section 2204 of this title. "(b) Each solicitation for a contract for supplies shall, if practicable, include a provision inviting each offeror responding to the solicitation to state an opinion on whether the quantity of the supplies proposed to be procured is economically advant^eous to the United States and, if applicable, to recommend a quantity or quantities which would be more economically advantageous to the United States. Each such recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity.". (b) The amendment made by subsection (a) shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act.

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ADDITIONAL MISCELLANEOUS PROCUREMENT PROVISIONS

SEC. 1234. (a) Chapter 141 of title 10, United States Code, as amended by section 1005, is amended by adding at the end thereof the following new sections: "§2402. Prohibition of contractors limiting subcontractor sales lo use 2402. directly to the United States "(a) Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not— "(1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or "(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). "Oi)) This section does not prohibit a contractor from asserting rights it otherwise has under law. "§ 2403. Major weapon systems: contractor guarantees lo use 2403. "(a) In this section: "(1) 'Weapon system' means items that can be used directly by the armed forces to carry out combat missions and that cost more than $100,000 or for which the eventual total procurement cost is more than $10,000,000. Such term does not include commercial items sold in substantial quantities to the general public. "(2) 'Prime contractor' means a party that enters into an agreement directly with the United States to furnish part or all of a weapon system.

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