Page:United States Statutes at Large Volume 106 Part 5.djvu/663

 PUBLIC LAW 102-567 —OCT. 29, 1992 106 STAT. 4301 shall promptly advise the Congress of any modification of these designs; and (2) submit to Congress as part of the annual update of the Plan required in section 604, any subsequent existing vessel design or design proposals that meet the requirements of the Plan. SEC. 606. CONTRACT AUTHORITY. 33 USC 891d. (a) MuLTiYEAR CONTRACTS. — (1) IN GENERAL.— Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31, United States Code and section 3732 of the Revised Statutes of the United States (41 U.S.C. 11), 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 (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 imobligated 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

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