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(Added P.L. 102-484, § 4443(a), Oct. 23, 1992, 106 Stat. 2732; amended P.L. 103–35, $ 201(b)(1)(A), (g)(6), May 31, 1993, 107 Stat. 97, 100; P.L. 103–160, § 1331(c)(3), Nov. 30, 1993, 107 Stat. 1792; P.L. 103-382, § 391(b)(5), Oct. 20, 1994, 108 Stat. 4022; P.L. 104-106, $ 1503(a)(23), Feb. 10, 1996, 110 Stat. 512; P.L. 104–201, $ 576(c), Sept. 23, 1996, 110 Stat. 2535; P.L. 106–398, § 1[1087(a)(14)], Oct. 30, 2000, 114 Stat. 1654, 1654A-291.) $ 2410k. Defense contractors: listing of suitable employment

openings with local employment service office (a) REGULATIONS.—The Secretary of Defense shall promulgate regulations containing the requirement described in subsection (b) and such other provisions as the Secretary considers necessary to administer such requirement. Such regulations shall require that each contract described in subsection (c) shall contain a clause requiring the contractor to comply with such regulations.

(b) REQUIREMENT.—The regulations promulgated under this section shall require each contractor carrying out a contract described in subsection (c) to list immediately with the appropriate local employment service office, and where appropriate the Interstate Job Bank (established by the United States Employment Service), all of its suitable employment openings under such contract.

(c) COVERED CONTRACTS.—The regulations promulgated under this section shall apply to any contract entered into with the Department of Defense in an amount of $500,000 or more. (Added as $2410d P.L. 102–484, § 4470(a), Oct. 23, 1992, 106 Stat. 2753; redesignated § 2410k and amended P.L. 103–35, $ 201(b)(1)(A), May 31, 1993, 107 Stat. 97.) § 24101. Contracts for advisory and assistance services: cost

comparison studies 6 (a) REQUIREMENT.—(1)(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.

(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.

(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.

(b) WAIVER.—The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost. (Added P.L. 103–337, § 363(a)(1), Oct. 5, 1994, 108 Stat. 2733.) $ 2410m. Retention of amounts collected from contractor

6 Section 363(b) of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103-337; 108 Stat. 2734) provides:

(b) PROCEDURES FOR CONDUCT OF STUDIES.—The Secretary of Defense shall prescribe the following procedures:

(1) Procedures for carrying out a cost comparison study under subsection (a)(2) of section 24101 of title 10, United States Code, as added by subsection (a), which may contain a requirement that the cost comparison study include consideration of factors that are not related to cost, including the quality of the service required to be performed, the availability of Department of Defense personnel, the duration and recurring nature of the services to be performed, and the consistency of the workload.

(2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented.

during the pendency of contract dispute (a) RETENTION OF FUNDS.-Notwithstanding sections 1552(a) and 3302(b) of title 31, any amount, including interest, collected from a contractor as a result of a claim made by a military department or Defense Agency under the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), shall remain available in accordance with this section to pay

(1) any settlement of the claim by the parties;

(2) any judgment rendered in the contractor's favor on an appeal of the decision on that claim to the Armed Services Board of Contract Appeals under section 7 of such Act (41 U.S.C. 606); or

(3) any judgment rendered in the contractor's favor in an action on that claim in a court of the United States.

(b) PERIOD OF AVAILABILITY.—(1) The period of availability of an amount under subsection (a), in connection with a claim

(A) expires 180 days after the expiration of the period for bringing an action on that claim in the United States Court of Federal Claims under section 10(a) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a)) if, within that 180 day period

(i) no appeal on the claim is commenced at the Armed Services Board of Contract Appeals under section 7 of such Act; and

(ii) no action on the claim is commenced in a court of the United States; or (B) if not expiring under subparagraph (A), expires

(i) in the case of a settlement of the claim, 180 days after the date of the settlement; or

(ii) in the case of a judgment rendered on the claim in an appeal to the Armed Services Board of Contract Appeals under section 7 of the Contract Disputes Act of 1978 or an action in a court of the United States, 180 days after the date on which the judgment becomes final and not ap

pealable. (2) While available under this section, an amount may be obligated or expended only for a purpose described in subsection (a).

(3) Upon the expiration of the period of availability of an amount under paragraph (1), the amount shall be covered into the Treasury as miscellaneous receipts.

(c) REPORTING REQUIREMENT.—Each year, the Under Secretary of Defense (Comptroller) shall submit to Congress a report on the amounts, if any, that are available for obligation pursuant to this section. The report shall include, at a minimum, the following:

(1) The total amount available for obligation.

(2) The total amount collected from contractors during the year preceding the year in which the report is submitted.

(3) The total amount disbursed in such preceding year and a description of the purpose for each disbursement.

(4) The total amount returned to the Treasury in such preceding year. (Added P.L. 105–85, $ 831(a), Nov. 18, 1997, 111 Stat. 1841.) $ 2410n. Products of Federal Prison Industries: procedural

requirements (a) MARKET RESEARCH.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether the Federal Prison Industries product is comparable to products available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery.

(b) COMPETITION REQUIREMENT.-If the Secretary determines that a Federal Prison Industries product is not comparable in price, quality, or time of delivery to products available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product or shall make an individual purchase under a multiple award contract. In conducting such a compeititon or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.

(c) IMPLEMENTATION BY SECRETARY OF DEFENSE.—The Secretary of Defense shall ensure that

(1) the Department of Defense does not purchase a Federal Prison Industries product or service unless a contracting officer of the Department determines that the product or service is comparable to products or services available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery; and

(2) Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the Department of Defense.

(d) MARKET RESEARCH DETERMINATION NOT SUBJECT TO REVIEW.-A determination by a contracting officer regarding whether a product or service offered by Federal Prison Industries is comparable to products or services available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery shall not be subject to review pursuant to section 4124(b) of title 18.

(e) PERFORMANCE AS A SUBCONTRACTOR.-(1) A contractor or potential contractor of the Department of Defense may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of a Department of Defense contract by any means, including means such as

(A) a contract solicitation provision requiring a contractor to offer to make use of products or services of Federal Prison Industries in the performance of the contract;

(B) a contract specification requiring the contractor to use specific products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; or

(C) any contract modification directing the use of products or services of Federal Prison Industries in the performance of the contract.

(2) In this subsection, the term "contractor”, with respect to a contract, includes a subcontractor at any tier under the contract.

(f) PROTECTION OF CLASSIFIED AND SENSITIVE INFORMATION.The Secretary of Defense may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to

(1) any data that is classified;
(2) any geographic data regarding the location of-

(A) surface and subsurface infrastructure providing communications or water or electrical power distribution;

(B) pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or

(C) other utilities; or (3) any personal or financial information about any individual private citizen, including information relating to such person's real property however described, without the prior consent of the individual. (g) DEFINITIONS.—In this section:

(1) The term “competitive procedures” has the meaning given such term in section 2302(2) of this title.

(2) The term “market research” means obtaining specific information about the price, quality, and time of delivery of products available in the private sector through a variety of means, which may include

(A) contacting knowledgeable individuals in government and industry;

(B) interactive communication among industry, acquisition personnel, and customers; and

(C) interchange meetings or pre-solicitation con

ferences with potential offerors. (Added P.L. 107–107, $811(a)(1), Dec. 28, 2001, 115 Stat. 1180; amended P.L. 107–314, $ 819(a)(1), Dec. 2, 2002, 116 Stat. 2612.) $ 24100. Multiyear procurement authority: purchase of

dinitrogen tetroxide, hydrazine, and hydrazine-re

lated products (a) TEN-YEAR CONTRACT PERIOD.—The Secretary of Defense may enter into a contract for a period of up to 10 years for the purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products for the support of a United States national security program or a United States space program.

(b) EXTENSIONS.—A contract entered into for more than one year under the authority of subsection (a) may be extended for a total of not more than 10 years pursuant to any option or options set forth in the contract. (Added P.L. 107–314, § 826(a), Dec. 2, 2002, 116 Stat. 2617.)

CHAPTER 142-PROCUREMENT TECHNICAL ASSISTANCE

COOPERATIVE AGREEMENT PROGRAM

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Sec.
2411. Definitions.
2412. Purposes.
2413. Cooperative agreements.
2414. Limitation.
2415. Distribution.
2416. Subcontractor information.
2417. Administrative costs.
2418. Authority to provide certain types of technical assistance.
2419. Regulations.
$ 2411. Definitions
In this chapter:
(1) The term “eligible entity" means any of the following:

(A) A State.
(B) A local government.
(C) A private, nonprofit organization.

(D) A tribal organization, as defined in section 4(1) of
the Indian Self-Determination and Education Assistance
Act (Public Law 93–638; 25 U.S.C. 450b(1)), or an economic
enterprise, as defined in section 3(e) of the Indian Financ-
ing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(e)),
whether or not such economic enterprise is organized for
profit purposes or nonprofit purposes.
(2) The term “distressed area” means-

(A) the area of a unit of local government (or such
area excluding the area of any defined political jurisdiction
within the area of such unit of local government) that-

(i) has a per capita income of 80 percent or less of the State average; or

(ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or

(B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 14520d)).

(3) The term "Secretary” means the Secretary of Defense acting through the Director of the Defense Logistics Agency.

(4) The terms “State” and “local government” have the meaning given those terms in section 6302 of title 31. (Added P.L. 98–525, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended P.L. 99-145, § 919(a), Nov. 8, 1985, 99 Stat. 692; revised in its entirety by identical amendments P.L. 99–500, 99– 591, 99-661, $$ 101(c) (8956(a)], 101(c) ($956(a)], 956(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–174, 3341-174, 3954; amended P.L. 100–180, $ 807(b), Dec. 4, 1987, 101 Stat. 1128; P.L. 100–456, § 841(b)(2), Sept. 29, 1988, 102 Stat. 2025; P.L. 101–189, $ 853(e), Nov. 29, 1989, 103 Stat. 1519; P.L. 102–25, $ 701(j)(5), April 6, 1991, 105 Stat. 116; P.L. 102–484, § 1052(31), Oct. 23, 1992, 106 Stat. 2501.)

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