Page:United States Statutes at Large Volume 105 Part 2.djvu/591

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1543 "(d) CONDITIONS ON OBLIGATION OF FUNDS. —An agreement entered into for a project pursuant to subsection (a) shall include the following provisions: "(1) A statement that the obligation of the United States to make payments under the agreement in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project. "(2) A commitment to obligate the necessary amount for each fiscal year covered by the agreement when and to the extent that funds are appropriated for such project for such fiscal year. "(3) A statement that such a commitment entered into under the authority of this section does not constitute an obligation of the United States. "(e) COMPETITIVE PROCESS. —An agreement under subsection (a) shall be made through the use of publicly advertised, competitively bid, or competitively negotiated, contracting procedures as provided in chapter 137 of this title. In accordance with such procedures, the Secretary of a military department, or the Secretary of Transportation, as the case may be, shall solicit bids or proposals for a guaranty agreement for each military housing rental guaranty project authorized in accordance with subsection (b). " (f) NOTICE AND WAIT REQUIREMENTS.— An agreement may not be entered into under subsection (a) until— "(1) the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, submits to the appropriate committees of Congress, in writing, an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed agreement is cost effective when compared with alternative means of furnishing the same housing facilities; and "(2) a period of 21 calendar days has expired following the date on which the economic analysis is received by those committees. "(g) DISPUTES. —The Secretary concerned may require that disputes arising under an agreement entered into under subsection (a) be decided in accordance with the procedures provided for by the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).". (2) The table of sections at the beginning of such subchapter is amended by adding after the item relating to section 2835 (as added by section 2806) the following new item: "2836. Military housing rental guarantee program.". (b) CONFORMING AMENDMENT. —Section 802 of the Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note) is repealed. (c) APPLICATION OF AMENDMENTS.—Section 2836 of title 10, United lo use 2836 States Code, as added by subsection (a), shall apply with respect to contracts entered into under that section on or after the date of the enactment of this Act. The amendment made by subsection (b) shall not affect the validity of any contract entered into before that date under section 802 of the Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note), as in effect on the day before that date. note.

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