Sec. 326. ELIMINATION OF USE OF CLASS I OZONE-DEPLETING SUBSTANCES IN CERTAIN MILITARY PROCUREMENT CONTRACTS
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## SEC. 326 ELIMINATION OF USE OF CLASS I OZONE-DEPLETING SUBSTANCES IN CERTAIN MILITARY PROCUREMENT CONTRACTS **[**[10 U.S.C. 2301 note](/us/usc/t10/s2301)**]** ###
(a)Elimination of Use of Class I Ozone-Depleting Substances ####
(1)No Department of Defense contract awarded after June 1, 1993, may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard in the contract is approved by the senior acquisition official for the procurement covered by the contract. The senior acquisition official may grant the approval only if the senior acquisition official determines (based upon the certification of an appropriate technical representative of the official) that a suitable substitute for the class I ozone-depleting substance is not currently available. ####
(2)#####
(A)######
(i)Not later than 60 days after the completion of the first modification, amendment, or extension after June 1, 1993, of a contract referred to in clause (ii), the senior acquisition official (or the designee of that official) shall carry out an evaluation of the contract in order to determine— ######
(I)whether the contract includes a specification or standard that requires the use of a class I ozone-depleting substance or can be met only through the use of such a substance; and ######
(II)in the event of a determination that the contract includes such a specification or standard, whether the contract can be carried out through the use of an economically feasible substitute for the ozone-depleting substance or through the use of an economically feasible alternative technology for a technology involving the use of the ozone-depleting substance. ######
(ii)A contract referred to in clause
(i)is any contract in an amount in excess of $10,000,000 that— ######
(I)was awarded before June 1, 1993; and ######
(II)as a result of the modification, amendment, or extension described in clause (i), will expire more than 1 year after the effective date of the modification, amendment, or extension. ######
(iii)A contract under evaluation under clause
(i)may not be further modified, amended, or extended until the evaluation described in that clause is complete. #####
(B)If the acquisition official (or designee) determines that an economically feasible substitute substance or alternative technology is available for use in a contract under evaluation, the appropriate contracting officer shall enter into negotiations to modify the contract to require the use of the substitute substance or alternative technology. #####
(C)A determination that a substitute substance or technology is not available for use in a contract under evaluation shall be made in writing by the senior acquisition official (or designee). #####
(D)The Secretary of Defense may, consistent with the Federal Acquisition Regulation, adjust the price of a contract modified under subparagraph
(B)to take into account the use by the contractor of a substitute substance or alternative technology in the modified contract. ####
(3)The senior acquisition official authorized to grant an approval under paragraph
(1)and the senior acquisition official and designees authorized to carry out an evaluation and make a determination under paragraph
(2)shall be determined under regulations prescribed by the Secretary of Defense. A senior acquisition official may not delegate the authority provided in paragraph (1). ####
(4)Each official who grants an approval authorized under paragraph
(1)or makes a determination under paragraph (2)(B) shall submit to the Secretary of Defense a report on that approval or determination, as the case may be, as follows: #####
(A)Beginning on October 1, 1993, and continuing for 8 calendar quarters thereafter, by submitting a report on the approvals granted or determinations made under such authority during the preceding quarter not later than 30 days after the end of such quarter. #####
(B)Beginning on January 1, 1997, and continuing for 4 years thereafter, by submitting a report on the approvals granted or determinations made under such authority during the preceding year not later than 30 days after the end of such year. ####
(5)The Secretary shall promptly transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of House of Representatives each report submitted to the Secretary under paragraph (4). The Secretary shall transmit the report in classified and unclassified forms. ###
(b)Cost Recovery In any case in which a Department of Defense contract is modified or a specification or standard for such a contract is waived at the request of a contractor in order to permit the contractor to use in the performance of the contract a substitute for a class I ozone-depleting substance or an alternative technology for a technology involving the use of a class I ozone-depleting substance, the Secretary of Defense may adjust the price of the contract in a manner consistent with the Federal Acquisition Regulation. ###
(c)Definitions In this section: ####
(1)The term “**class I ozone-depleting substance**” means any substance listed under section 602(a) of the Clean Air Act (42 U.S.C. 7671a(a)). ####
(2)The term “**Federal Acquisition Regulation**” means the single Government-wide procurement regulation issued under section 1303(a) of title 41, United States Code. * * * * * * *
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Sec. 326
ELIMINATION OF USE OF CLASS I OZONE-DEPLETING SUBSTANCES IN CERTAIN MILITARY PROCUREMENT CONTRACTS
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