Subject to paragraphs (2) and (3), and notwithstanding section
1341 of title
31 and subsections (a) and (b) ofsection
6301 of title 41, the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts.
(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
(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
(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
Notwithstanding any other law, the Secretary may not require a contractor for the construction, alteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract.
In subsec. (a)(1), “subsections (a) and (b) ofsection
6301 of title 41” substituted for “section 3732 of the Revised Statutes of the United States (41 U.S.C. 11)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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