View all text of Part 1 [§ 3861 - § 3862]
§ 3861. Procurement system
(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).
(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.)