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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

House Conference Report 109-360

SEC. 831. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN REQUIREMENTS FOR PROCUREMENT OF PERISHABLE FOOD FOR ESTABLISHMENTS OUTSIDE THE UNITED STATES.

Section 2533a(d)(3) of title 10, United States Code, is amended by inserting `, or for,' after `perishable foods by'.

The Senate amendment contained a provision (sec. 811) that would clarify that the exception from the requirements of section 2533a, title 10, United States Code, for procurement of perishable food for establishments outside the United States applies to procurements for an overseas defense facility, even if the procurements are not conducted by such a facility.

The House bill contained no similar provision.

The House recedes.

Senate Report 109-69

The committee recommends a provision that would clarify that the exception from Buy American requirements for procurement of perishable food for establishments outside the United States applies to procurements for an overseas defense facility, even if the procurements are not conducted by such a facility. This clarification is necessary because many food purchases for defense facilities are now made by prime vendors and other contractors, rather than being made by the facilities themselves.