U.S Code last checked for updates: May 30, 2024
§ 891d.
Contract authority
(a)
Multiyear contracts
(1)
In general
(2)
Required findings
The Secretary may not enter into a contract pursuant to this subsection unless the Secretary finds with respect to that contract that—
(A)
there is a reasonable expectation that throughout the contemplated contract period the Secretary will request from Congress funding for the contract at the level required to avoid contract termination; and
(B)
the use of the contract will promote the best interests of the United States by encouraging competition and promoting economic efficiency in the operation of the NOAA fleet.
(3)
Required contract provisions
The Secretary may not enter into a contract pursuant to this subsection unless the contract includes—
(A)
a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments;
(B)
a provision that specifies the term of effectiveness of the contract; and
(C)
appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to subparagraph (B), the United States shall only be liable for the lesser of—
(i)
an amount specified in the contract for such a termination; or
(ii)
amounts that—
(I)
were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract; and
(II)
are unobligated on the date of the termination.
(b)
Service contracts
Notwithstanding any other provision of law, the Secretary may enter into multiyear contracts for oceanographic research, fisheries research, and mapping and charting services to assist the Secretary in fulfilling NOAA missions. The Secretary may only enter into these contracts if—
(1)
the Secretary finds that it is in the public interest to do so;
(2)
the contract is for not more than 7 years; and
(3)
(A)
the cost of the contract is less than the cost (including the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or
(B)
NOAA vessels are not available or cannot provide those services.
(c)
Bonding authority
(Pub. L. 102–567, title VI, § 606, Oct. 29, 1992, 106 Stat. 4301.)
cite as: 33 USC 891d