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(3) In conducting market research, the head of an agency should not require potential sources to submit more than the minimum information that is necessary to make the determinations required in paragraph (2). (Added P.L. 103–355, $ 8104(a), Oct. 13, 1994, 108 Stat. 3390.) $ 2378. Procurement of copier paper containing specified

percentages of post-consumer recycled content (a) PROCUREMENT REQUIREMENT.—1) Except as provided in subsections (b) and (c), a department or agency of the Department of Defense may not procure copying machine paper after the applicable date specified in paragraph (2) unless the percentage of postconsumer recycled content of the paper meets the percentage then in effect under such paragraph.

(2) The percentage of post-consumer recycled content of paper required under paragraph (1) is as follows:

A) 20 percent as of January 1, 1998.
(B) 30 percent as of January 1, 1999.

(C) 50 percent as of January 1, 2004. (b) EXCEPTIONS.—A department or agency of the Department of Defense is not required to procure copying machine paper containing a percentage of post-consumer recycled content that meets the applicable requirement in subsection (a) if the Secretary concerned determines that one or more of the following circumstances apply with respect to that procurement:

(1) The cost of procuring copying machine paper satisfying the applicable requirement significantly exceeds the cost of procuring copying machine paper containing a percentage of post-consumer recycled content that does not meet such requirement. The Secretary concerned shall establish the cost differential to be applied under this paragraph.

(2) Copying machine paper containing a percentage of post-consumer recycled content meeting such requirement is not reasonably available within a reasonable period of time.

(3) Copying machine paper containing a percentage of post-consumer recycled content meeting such requirement does not meet performance standards of the department or agency for copying machine paper.

(c) EFFECT OF INABILITY TO MEET GOAL IN 2004.-(1) In the case of the requirement that will take effect on January 1, 2004, pursuant to subsection (a)(2)(C), the requirement shall not take effect with respect to a military department or Defense Agency if the Secretary of Defense determines that the department or agency will be unable to meet such requirement by that date.

(2) The Secretary shall submit to Congress written notice of any determination made under paragraph (1) and the reasons for the determination. The Secretary shall submit such notice, if at all, not later than January 1, 2003.

(d) SECRETARY CONCERNED DEFINED.-In this section, the term "Secretary concerned” means the Secretary of each military department and the Secretary of Defense with respect to the Defense Agencies. (Added P.L. 105–85, $ 350(a), Nov. 18, 1997, 111 Stat. 1691.)

CHAPTER 141_MISCELLANEOUS PROCUREMENT

PROVISIONS

Sec. 2381. Contracts: regulations for bids. [2382. Repealed.] [2383. Repealed.) 2384. Supplies: identification of supplier and sources. 2384a. Supplies: economic order quantities. 2385. Arms and ammunition: immunity from taxation. 2386. Copyrights, patents, designs, etc.; acquisition. 2387. Procurement of table and kitchen equipment for officers' quarters:

_limitation on. 2388. Liquid fuels and natural gas: contracts for storage, handling, or

distribution. 2389. Ensuring safety regarding insensitive munitions. 2390. Prohibition on the sale of certain defense articles from the stocks of the

Department of Defense. 2391. Military base reuse studies and community planning assistance. 2392. Prohibition on use of funds to relieve economic dislocations. 2393. Prohibition against doing business with certain offerors or contractors. 2394. Contracts for energy or fuel for military installations. 2394a. Procurement of energy systems using renewable forms of energy, 2395. Availability of appropriations for procurement of technical military

equipment and supplies. 2396.. Advances for payments for compliance with foreign laws, rent in foreign

countries, tuition, public utility services, and pay and supplies of armed

forces of friendly foreign countries. [2397. Repealed.] [2397a. Repealed.] [2397b. Repealed.] [2397c. Repealed.] 2398. Procurement of gasohol as motor vehicle fuel. 2399. Operational test and evaluation of defense acquisition programs. 2400. Low-rate initial production of new systems. 2401. Requirement for authorization by law of certain contracts relating to ves

sels and aircraft. 2401a. Lease of vehicles, equipment, vessels, and aircraft. 2402. Prohibition of contractors limiting subcontractor sales directly to the

United States. [2403. Repealed.] 2404. Acquisition of certain fuel sources: authority to waive contract procedures;

acquisition by exchange; sales authority. [2405. Repealed.] [2406. Repealed.] [2407. Transferred.] 2408. Prohibition on persons convicted of defense-contract related felonies and

related criminal penalty on defense contractors. 2409. Contractor employees: protection from reprisal for disclosure of certain

information. [2409a. Repealed.] 2410. Requests for equitable adjustment or other relief: certification. 2410a. Severable service contracts for periods crossing fiscal years. 2410b. Contractor inventory accounting systems: standards. 2410c. Preference for energy efficient electric equipment. 2410d. Subcontracting plans: credit for certain purchases. [2410e. Repealed.] 2410f. Debarment of persons convicted of fraudulent use of "Made in America”

labels.

2410g. Advance notification of contract performance outside the United States. [2410h. Transferred and redesignated as $ 1747. P.L. 107–314, § 1062(a)(10)(B),

Dec. 2, 2002, 116 Stat. 2525] 2410i. Prohibition on contracting with entities that comply with the secondary

Arab boycott of Israel. 2410j. Displaced contractor employees: assistance to obtain certification and

employment as teachers or employment as teachers' aides. 2410k. Defense contractors: listing of suitable employment openings with local

employment service office. 24101. Contracts for advisory and assistance services: cost comparison studies. 2410m. Retention of amounts collected from contractor during the pendency of

contract dispute. 2410n. Products of Federal Prison Industries: procedural requirements. 24100. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydra

zine, and hydrazine-related products. $ 2381. Contracts: regulations for bids (a) The Secretary of Defense may

(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and

(2) require that a bid be accompanied by a written guaranty, signed by one or more responsible persons, undertaking that the bidder, if his bid is accepted, will, within the time prescribed by the Secretary or other officer authorized to make the contract, make a contract and furnish a bond with good and sufficient sureties for the performance of the contract.

(b) If a bidder, after being notified of the acceptance of his bid, fails within the time prescribed under subsection (a)(2) to enter into a contract and furnish the prescribed bond, the Secretary concerned or other authorized officer shall

(1) contract with another person; and

(2) charge against the defaulting bidder and his guarantors the difference between the amount specified by the bidder in his bid and the amount for which a contract is made with the other person, this difference being immediately recoverable by the United States for the use of the military department concerned in an action against the bidder and his guarantors, jointly or severally.

(c) Proceedings under this section are subject to regulations under section 121 of title 40, unless exempted therefrom under section 501(a)(2) of title 40. (Aug. 10, 1956, ch. 1041, 70A Stat. 136; Oct. 19, 1984, P.L. 98–525, § 1405(35), 98 Stat. 2624; Oct. 13, 1994, P.L. 103–355, $ 1507, 108 Stat. 3298; P.L. 107–217, § 3(b)(6), Aug. 21, 2002, 116 Stat. 1295.) [$ 2382. Repealed. P.L. 103–355, $ 2102(a), Oct. 13, 1994, 108

Stat. 3309] [8 2383. Repealed. P.L. 104-106, $ 803(a), Feb. 10, 1996, 110

Stat. 390] $ 2384. Supplies: identification of supplier and sources

(a) The Secretary of Defense shall require that the contractor under a contract with the Department of Defense for the furnishing of supplies to the United States shall mark or otherwise identify supplies furnished under the contract with the identity of the contractor, the national stock number for the supplies furnished (if there is such a number), and the contractor's identification number for the supplies.

(b)(1) The Secretary of Defense shall prescribe regulations requiring that, whenever practicable, each contract requiring the delivery of supplies (other than a contract described in paragraph (2)) shall require that the contractor identify

(A) the actual manufacturer or producer of the item or of all sources of supply of the contractor for that item;

(B) the national stock number of the item (if there is such a number) and the identification number of the actual manufacturer or producer of the item or of each source of supply of the contractor for the item; and

(C) the source of any technical data delivered under the contract.

(2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).

(3) The regulations prescribed pursuant to paragraph (1) do not apply to a contract for an amount not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).

(c) Identification of supplies and technical data under this section shall be made in the manner and with respect to the supplies prescribed by the Secretary of Defense. (Aug. 10, 1956, ch. 1041, 70A Stat. 137; Oct. 19, 1984, P.L. 98–525, $1231(a), 98 Stat. 2599; amended identically P.L. 99–500, 99–591, 99–661, $$ 101(c) [$ 928(a)], 101(c) ($928(a)], 928(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–156, 3341–156, 3936; Oct. 13, 1994, P.L. 103– 355, $$ 4102(d), 8105(b), 108 Stat. 3340, 3392; Feb. 10, 1996, P.L. 104-106, § 4321(b)(12), 110 Stat. 673.) $ 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 advantageous 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 quotation of the total price and the unit price for supplies procured in each recommended quantity. (Added P.L. 98-525, $ 1233(a), Oct. 19, 1984, 98 Stat. 2600.) $ 2385. Arms and ammunition: immunity from taxation

No tax on the sale or transfer of firearms, pistols, revolvers, shells, or cartridges may be imposed on such articles when bought with funds appropriated for a military department.

a

(Aug. 10, 1956, ch. 1041, 70A Stat. 137.)
$ 2386. Copyrights, patents, designs, etc.; acquisition

Funds appropriated for a military department available for making or procuring supplies may be used to acquire any of the following if the acquisition relates to supplies or processes produced or used by or for, or useful to, that department:

(1) Copyrights, patents, and applications for patents.

(2) Licenses under copyrights, patents, and applications for patents.

(3) Design and process data, technical data, and computer software.

(4) Releases for past infringement of patents or copyrights or for unauthorized use of technical data or computer software. (Aug. 10, 1956, ch. 1041, 70A Stat. 137; Sept. 8, 1960, P.L. 86–726, § 3, 74 Stat. 855; Oct. 13, 1994, P.L. 103–355, $ 3063, 108 Stat. 3337; Feb. 10, 1996, P.L. 104-106, $ 813, 110 Stat. 395.) $ 2387. Procurement of table and kitchen equipment for offi

cers' quarters: limitation on (a) Except under regulations approved by the Secretary of Defense and providing for uniform practices among the armed forces under his jurisdiction, no part of any appropriation of the Department of Defense may be used to supply or replace table linen, dishes, glassware, silver, and kitchen utensils for use in the residences on shore, or quarters on shore, of officers of those armed forces. (b) This section does not apply to

(1) field messes;

(2) messes temporarily set up on shore for bachelor officers and officers attached to seagoing or district defense vessels;

(3) aviation units based on seagoing vessels;
(4) fleet air bases;
(5) submarine bases; and

(6) landing forces and expeditions. (Added P.L. 85–861, § 1(45), Sept. 2, 1958, 72 Stat. 1458.) $ 2388. Liquid fuels and natural gas: contracts for storage,

handling, or distribution (a) AUTHORITY TO CONTRACT.—The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas.

(b) PERIOD OF CONTRACT.-The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 20 years.

(c) OPTION TO PURCHASE FACILITY.-A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of section 3324 of title 31, and before approval of title to the underlying land by the Attorney General.

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