Pub. L. 107-107, div. A, tit. III, subtit. D, sec. 343
PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES MANUFACTURED OR PERFORMED BY WORKING-CAPITAL FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT OF DEFENSE.
SEC. 343. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES MANUFACTURED OR PERFORMED BY WORKING-CAPITAL FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT OF DEFENSE. (a) General Rule.—Section 2563(c) of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking “in any case of willful misconduct or gross negligence” and inserting “as provided in paragraph (3)”; and (2) by adding at the end the following new paragraph: “(3) Paragraph (1)(B) does not apply in any case of willful misconduct or gross negligence or in the case of a claim by a purchaser of articles or services under this section that damages or injury arose from the failure of the Government to comply with quality, schedule, or cost performance requirements in the contract to provide the articles or services.”. (b) Conforming Amendment.—Section 2474(e)(2)(B)(i) of such title is amended by striking “in a case of willful conduct or gross negligence” and inserting “under the circumstances described in section 2563(c)(3) of this title”.