§ 2534. Miscellaneous limitations on the procurement of goods other than United States goods
(a)
Limitation on Certain Procurements.—
The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b):
(2)
Chemical weapons antidote.—
Chemical weapons antidote contained in automatic injectors (and components for such injectors).
(4)
Valves and machine tools.—
Items in the following categories:
(5)
Ball bearings and roller bearings.—
Ball bearings and roller bearings, in accordance with subpart 225.71 of part 225 of the Defense Federal Acquisition Regulation Supplement, as in effect on October 23, 1992, except ball bearings and roller bearings being procured for use in an end product manufactured by a manufacturer that does not satisfy the requirements of subsection (b) or in a component part manufactured by such a manufacturer.
(b)
Manufacturer in the National Technology and Industrial Base.—
(1)
General requirement.—
A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
(2)
Manufacturers of chemical weapons antidote.—
In the case of a procurement of chemical weapons antidote referred to in subsection (a)(2), a manufacturer meets the requirements of this subsection only if the manufacturer—
(c)
Applicability to Certain Items.—
(1)
Components for naval vessels.—
Subsection (a) does not apply to a procurement of spare or repair parts needed to support components for naval vessels produced or manufactured outside the United States.
(2)
Valves and machine tools.—
(A)
Contracts to which subsection (a) applies include the following contracts for the procurement of items described in paragraph (4) of such subsection:
(B)
In any case in which a contract for items described in subsection (a)(4) includes the procurement of more than one Federal Supply Class of machine tools or machine tools and accessories, each supply class shall be evaluated separately for purposes of determining whether the limitation in subsection (a) applies.
(d)
Waiver Authority.—
The Secretary of Defense may waive the limitation in subsection (a) with respect to the procurement of an item listed in that subsection if the Secretary determines that any of the following apply:
(2)
United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(3)
Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, or would impede the reciprocal procurement of defense items under a memorandum of understanding providing for reciprocal procurement of defense items that is entered into under section
2531 of this title, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(4)
Satisfactory quality items manufactured by an entity that is part of the national technology and industrial base (as defined in section
2500
(1) of this title) are not available.
(5)
Application of the limitation would result in the existence of only one source for the item that is an entity that is part of the national technology and industrial base (as defined in section
2500
(1) of this title).
(e)
Sonobuoys.—
(1)
Limitation.—
The Secretary of Defense may not procure a sonobuoy manufactured in a foreign country if United States firms that manufacture sonobuoys are not permitted to compete on an equal basis with foreign manufacturing firms for the sale of sonobuoys in that foreign country.
(f)
Principle of Construction With Future Laws.—
A provision of law may not be construed as modifying or superseding the provisions of this section, or as requiring funds to be limited, or made available, by the Secretary of Defense to a particular domestic source by contract, unless that provision of law—
(g)
Inapplicability to Contracts under Simplified Acquisition Threshold.—
(1)
This section does not apply to a contract or subcontract for an amount that does not exceed the simplified acquisition threshold.
(2)
Paragraph (1) does not apply to contracts for items described in subsection (a)(5) (relating to ball bearings and roller bearings), notwithstanding section
1905 of title
41.
(h)
Implementation of Naval Vessel Component Limitation.—
In implementing subsection (a)(3)(B), the Secretary of Defense—
(i)
Implementation of Certain Waiver Authority.—
(1)
The Secretary of Defense may exercise the waiver authority described in paragraph (2) only if the waiver is made for a particular item listed in subsection (a) and for a particular foreign country.
(2)
This subsection applies to the waiver authority provided by subsection (d) on the basis of the applicability of paragraph (2) or (3) of that subsection.
(3)
The waiver authority described in paragraph (2) may not be delegated below the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(j)
Inapplicability to Certain Contracts To Purchase Ball Bearings or Roller Bearings.—
(1)
This section does not apply with respect to a contract or subcontract to purchase items described in subsection (a)(5) (relating to ball bearings and roller bearings) for which—
(B)
the precision level of the ball or roller bearings to be procured under the contract or subcontract is rated lower than the rating known as Annual Bearing Engineering Committee (ABEC) 5 or Roller Bearing Engineering Committee (RBEC) 5, or an equivalent of such rating;
(2)
Paragraph (1) does not apply to a purchase if such purchase would result in the total amount of purchases of ball bearings and roller bearings to satisfy requirements under Department of Defense contracts, using the authority provided in such paragraph, to exceed $200,000 during the fiscal year of such purchase.