22-U.S.C.-3861
§3861 – Procurement System
Pathway
Title 22 > Chapter 51 > Subchapter III > Part 1 > Section 3861
Details
- Reference: Section 3861
- Legend: §3861 – Procurement System
- USCode Year: 2013
Provision Content
(a) Panama Canal Acquisition Regulation
(1) The Commission shall establish by regulation a comprehensive procurement system. The regulation shall be known as the Panama Canal Acquisition Regulation (in this section referred to as the Regulation) and shall provide for the procurement of goods and services by the Commission in a manner that—
(A) applies the fundamental operating principles and procedures in the Federal Acquisition Regulation;
(B) uses efficient commercial standards of practice; and
(C) is suitable for adoption and uninterrupted use by the Republic of Panama after the Canal Transfer Date.
(2) The Regulation shall contain provisions regarding the establishment of the Panama Canal Board of Contract Appeals described in section 3862 of this title.
(b) Supplement to Regulation
The Commission shall develop a Supplement to the Regulation (in this section referred to as the Supplement) that identifies both the provisions of Federal law applicable to procurement of goods and services by the Commission and the provisions of Federal law waived by the Commission under subsection (c) of this section.
(c) Waiver authority
(1) Subject to paragraph (2), the Commission shall determine which provisions of Federal law should not apply to procurement by the Commission and may waive those laws for purposes of the Regulation and Supplement.
(2) For purposes of paragraph (1), the Commission may not waive—
(A) chapter 21 of title 41;
(B) chapter 71 of title 41, other than section 7104(b) of title 41; or
(C) civil rights, environmental, or labor laws.
(d) Consultation with Administrator for Federal Procurement Policy
In establishing the Regulation and developing the Supplement, the Commission shall consult with the Administrator for Federal Procurement Policy.
(e) Effective date
The Regulation and the Supplement shall take effect on the date of publication in the Federal Register, or January 1, 1999, whichever is earlier.
(Pub. L. 96–70, title III, §3101, as added Pub. L. 105–85, div. C, title XXXV, §3541, Nov. 18, 1997, 111 Stat. 2070.)
Codification
In subsec. (c)(2)(A), chapter 21 of title 41 substituted for section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (c)(2)(B), chapter 71 of title 41, other than section 7104(b) of title 41 substituted for the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), other than section 10(a) of such Act (41 U.S.C. 609(a)) on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior Provisions
A prior section 3861, Pub. L. 96–70, title III, §3101, Sept. 27, 1979, 93 Stat. 496, related to disinterment, transportation, and reinterment of remains, prior to repeal by Pub. L. 104–201, div. C, title XXXV, §3546(a)(5), Sept. 23, 1996, 110 Stat. 2868.
U.S. Encyclopedia of Law Coverage
22-U.S.C.-3851, in the Legal Encyclopedia: Foreign Relations
In this entry about 22-U.S.C.-3851,, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
19-U.S.C.-2518 in the Legal Encyclopedia: Procurement
In this entry about 19-U.S.C.-2518, find legal reference material, bibliographies and premiere content related to procurement in the American Encyclopedia of Law, presenting a comprehensive view of the United States procurement-specific issues, written by authorities in the field.
Subpart i – Operation of Canal in the Legal Encyclopedia: Panama
In this entry about Subpart i – Operation of Canal, find legal reference material, bibliographies and premiere content related to panama in the American Encyclopedia of Law, presenting a comprehensive view of the United States panama-specific issues, written by authorities in the field.
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