Page:United States Statutes at Large Volume 116 Part 3.djvu/635

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PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2227 (2) LIMITATION.—The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)) and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall be deemed to be $7,500,000 for purposes of property or services under the authority of this subsection. (3) CERTAIN AUTHORITY. —Authority under a provision of law referred to in paragraph (2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for a procurement described in subsection (a). (e) REPORT.— Not later than 180 days after the end of fiscal Deadline, year 2005, the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on the use of the authorities provided in this section. The report shall contain the following: (1) An assessment of the extent to which property and services acquired using authorities provided under this section contributed to the capacity of the Federal workforce to facilitate the mission of the Department as described in section 101. (2) An assessment of the extent to which prices for property and services acquired using authorities provided under this section reflected the best value. (3) The number of employees designated by each executive agency under subsection (b)(1). (4) An assessment of the extent to which the Department has implemented subsections (b)(2) and (b)(3) to monitor the use of procurement authority by employees designated under subsection (b)(1). (5) Any recommendations of the Comptroller General for improving the effectiveness of the implementation of the provisions of this section. SEC. 834. UNSOLICITED PROPOSALS. 6 USC 394. (a) REGULATIONS REQUIRED.— Within 1 year of the date of enact- Deadline, ment of this Act, the Federal Acquisition Regulation shall be revised to include regulations with regard to unsolicited proposals. (b) CONTENT OF REGULATIONS.— The regulations prescribed under subsection (a) shall require that before initiating a comprehensive evaluation, an agency contact point shall consider, among other factors, that the proposal— (1) is not submitted in response to a previously published agency requirement; and (2) contains technical and cost information for evaluation and overall scientific, technical or socioeconomic merit, or costrelated or price-related factors. SEC. 835. PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRI- 6 USC 395. ATES. (a) IN GENERAL. —The Secretary may not enter into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation under subsection (b). (b) INVERTED DOMESTICORPORATION.—For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—