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SEC. 821. [112 Stat. 2090] INVENTORY EXCHANGE AUTHORIZED FOR
CERTAIN FUEL DELIVERY CONTRACT. (a) EXCHANGE OF BARRELS AUTHORIZED.—(1) The Secretary of Defense shall provide, under a contract described in subsection (f), that the contract may be performed, during the period described in paragraph (2), by means of delivery of fuel obtained by the refiner concerned in an inventory exchange of barrels of fuel, in any case in which
(A) the refiner is unable to physically deliver fuel in compliance with the contract requirements because of ice conditions in Cook Inlet, as determined by the Coast Guard; and
(B) the Secretary determines that such inability will result in an inequity to the refiner.
(2) The period referred to in paragraph (1) is the period beginning on the date of the enactment of this Act and ending on February 28, 1999.
(b) LIMITATION.—The number of barrels of fuel exchanged pursuant to a contract described in subsection (f) may contain up to 15 percent of the total quantity of fuel required to be delivered under the contract.
(c) EFFECT ON STATUS AS SMALL DISADVANTAGED BUSINESS. Nothing in this section, and no action taken pursuant to this section, may be construed as affecting the status of the refiner as a small disadvantaged business.
(d) EFFECT ON CONTRACTUAL OBLIGATIONS.—Nothing in this section may be construed as affecting the requirement of a refiner to fulfill its contractual obligations under a contract described in subsection (e), other than as provided under subsection (b).
(e) SMALL DISADVANTAGED BUSINESS DEFINED.—For the purposes of this section, the term “small disadvantaged business” means a socially and economically disadvantaged small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, and a qualified HUBZone small business concern, as those terms are defined in sections 8(a)(4)(A), 8(d)(3)(C), and 3(p) of the Small Business Act (15 U.S.C. 637(a)(4)(A)), 637(d)(3)(C), and 632(p)), respectively.
(f) APPLICABILITY.—This section applies to any contract between the Defense Energy Supply Center of the Department of Defense and a refiner that qualifies as a small disadvantaged business for the delivery of fuel by barge to Defense Energy Supply Point-Anchorage.
TITLE VIII-ACQUISITION POLICY, AC
QUISITION MANAGEMENT, AND RELATED MATTERS
SEC. 848. [10 U.S.C. 2304 note) REQUIREMENTS RELATING TO MICRO
PURCHASES. (a) REQUIREMENT.(1) Not later than October 1, 1998, at least 60 percent of all eligible purchases made by the Department of De fense for an amount less than the micro-purchase threshold shall be made through streamlined micro-purchase procedures.
(2) Not later than October 1, 2000, at least 90 percent of all eligible purchases made by the Department of Defense for an amount less than the micro-purchase threshold shall be made through streamlined micro-purchase procedures.
(b) ELIGIBLE PURCHASES.—The Secretary of Defense shall establish which purchases are eligible for purposes of subsection (a). In establishing which purchases are eligible, the Secretary may exclude those categories of purchases determined not to be appropriate or practicable for streamlined micro-purchase procedures.
(c) PLAN.-Not later than March 1, 1998, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a plan to implement this section.
(d) REPORT.-Not later than March 1 in each of the years 1999, 2000, and 2001, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of this section. Each report shall include
(A) the total dollar amount of all Department of Defense purchases for an amount less than the micro-purchase threshold in the fiscal year preceding the year in which the report is submitted;
(B) the total dollar amount of such purchases that were considered to be eligible purchases;
(C) the total amount of such eligible purchases that were made through a streamlined micro-purchase method; and
(D) a description of the categories of purchases excluded from the definition of eligible purchases established under subsection (b). (e) DEFINITIONS. In this section:
(1) The term "micro-purchase threshold" has the meaning provided in section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428).
(2) The term "streamlined micro-purchase procedures” means procedures providing for the use of the Governmentwide commercial purchase card or any other method for carrying out micro-purchases that the Secretary of Defense prescribes in the regulations implementing this subsection.
TITLE VIII–ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
SEC. 803. [10 U.S.C. 2430 note] AUTHORITY TO WAIVE CERTAIN RE
QUIREMENTS FOR DEFENSE ACQUISITION PILOT PRO
GRAMS. (a) AUTHORITY.—The Secretary of Defense may waive sections 2399, 2403, 2432, and 2433 of title 10, United States Code, in accordance with this section for any defense acquisition program designated by the Secretary of Defense for participation in the defense acquisition pilot program authorized by section 8091 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note).
(b) OPERATIONAL TEST AND EVALUATION.—The Secretary of Defense may waive the requirements for operational test and evaluation for such a defense acquisition program as set forth in section 2399 of title 10, United States Code, if the Secretary
(1) determines (without delegation) that such test would be unreasonably expensive or impractical;
(2) develops a suitable alternate operational test program for the system concerned;
(3) describes in the test and evaluation master plan, as approved by the Director of Operational Test and Evaluation, the method of evaluation that will be used to evaluate whether the system will be effective and suitable for combat; and
(4) submits to the congressional defense committees a report containing the determination that was made under paragraph (1), a justification for that determination, and a copy of the plan required by paragraph (3).
(c) CONTRACTOR GUARANTEES FOR MAJOR WEAPONS SYSTEMS.The Secretary of Defense may waive the requirements of section 2403 of title 10, United States Code, for such a defense acquisition program if an alternative guarantee is used that ensures high quality weapons systems.
1 Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (P.L. 101–510), referred to in subsection (a), is set forth beginning on page 465.
(d) SELECTED ACQUISITION REPORTS.—The Secretary of Defense may waive the requirements of sections 2432 and 2433 of title 10, United States Code, for such a defense acquisition program if the Secretary provides a single annual report to Congress at the end of each fiscal year that describes the status of the program in relation to the baseline description for the program established under section 2435 of such title.
SEC. 827. [41 U.S.C. 10b-3] ANNUAL REPORT RELATING TO BUY AMER
ICAN ACT. The Secretary of Defense shall submit to Congress, not later than 60 days after the end of each fiscal year, a report on the amount of purchases by the Department of Defense from foreign entities in that fiscal year. Such report shall separately indicate the dollar value of items for which the Buy American Act (41 U.S.C. 10a et seq.) was waived pursuant to any of the following:
(1) Any reciprocal defense procurement memorandum of understanding described in section 849(c)(2) of Public Law 103–160 (41 U.S.C. 106–2 note). 2
(2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seg.)
(3) Any international agreement to which the United States is a party.
2 Section 849(c)(2) of Public Law 103-160, referred to in section 827(1), is set forth on page