Pub. L. 100-463, tit. VIII, sec. 8103

Sec. 8103. (a) None of the funds appropriated or made available by this Act shall be expended to award a contract pursuant to a solicitation issued on or after the date of the enactment of this Act under the Department of Defense overseas fuel procurement pro-102 STAT. 2270–36grams, including procurements in American Samoa and Guam, to a contractor other than a United States firm: Provided, That the foregoing limitation shall not apply unless the United States firm— (1) has a crude oil refining capacity of not more than 85,000 barrels a day; (2) participates in the Department of Defense overseas fuel procurement program; (3) agrees to the contract on the terms proposed by the foreign firm to which the contract would otherwise be awarded; and (4) does not use processing agreements in order to fulfill the contract, although exchange agreements are specifically permitted. (b) This provision shall not apply if the total cost of supplies offered by the United States firm, including transportation as specified in the solicitation, would exceed the total evaluated cost to the Government if the contract were awarded to the foreign firm. (c) This provision shall not supersede any status of forces agreement and shall not apply to acquisitions subject to the Agreement on Government Procurement of 1979 and the Trade Agreements Act of 1979 (19 U.S.C. 2501–2582) and including acquisitions from countries designated under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701, et seq.). (d) For the purpose of this section, the term “United States firm” means a corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States.