Page:United States Statutes at Large Volume 99 Part 1.djvu/725

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 703

trolled by American Indians, including a tribally owned for-profit entity. PART E—TECHNICAL AMENDMENTS TO FEDERAL PROCUREMENT LAW

SEC. 961. TECHNICAL CORRECTIONS TO FEDERAL PROCUREMENT LAW (a) SIMPUFICATION OF PROCEDURES FOR CERTAIN NONCOMPETITIVE

PURCHASES.—(1) The second sentence of section 2304(f)(2) of title 10, United States Code, is amended to read as follows: "The justification and approval required by paragraph (1) is not required— "(A) when a statute expressly requires that the procurement be made from a specified source; "(B) when the agency's need is for a brand-name commercial item for authorized resale; "(C) in the case of a procurement permitted by subsection (c)(7);or "(D) in the case of a procurement conducted under (i) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act, or (ii) section 8(a) of the Small Business Act (15 U.S.C. 637(a)).". (2) The second sentence of section 303(fK2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(fK2)) is amended to read as follows: "The justification and approval required by paragraph (1) is not required— "(A) when a statute expressly requires that the procurement be made from a specified source; "(B) when the agency's need is for a brand-name commercial item for authorized resale; "(C) in the case of a procurement permitted by subsection (c)(7); or "(D) in the case of a procurement conducted under (i) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act, or (ii) section 8(a) of the Small Business Act (15 U.S.C. 637(a)).". (b) NATO MUTUAL SUPPORT PROCUREMENT.—Section 23230t)) of chapter 138 of title 10, United States Code, is amended by striking out "section 2304(g)" and inserting in lieu thereof "section 2304(a)". (c) ADP PROCUREMENT.—Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding at the end thereof the following new subsection: "(i) The justifications and approvals required by section 303(0(1) of this Act shall apply in the case of any procurement under this section for which the minimum needs are so restrictive that only one manufacturer is capable of satisfying such needs. Such procurement includes either a sole source procurement or a procurement by specific make and model. Such justification and approval shall be required notwithstanding that more than one bid or offer is made or that the procurement obtains price competition and such procurement shall be treated as a procurement using procedures other than competitive procedures for purposes of section 19(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 417(b)).". (d)

98 Stat. 3086.

98 Stat. 3086.

98 Stat. 1182. 98 Stat. 1175. ^^ USC 253.

98 Stat. 1197.

CLARIFICATION OF REGULATIONS CONCERNING TECHNICAL

DATA.—(1) Section 2320(a)(1) of title 10, United States Code, is 98 Stat. 2595. amended by striking out "the technical data" and inserting in lieu thereof "the item or process to which the technical data pertains".

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