Page:United States Statutes at Large Volume 108 Part 4.djvu/637

 PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3271 SEC. 1073. SEVERABLE SERVICES CONTRACTS CROSSING FISCAL YEARS. Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by section 1054, is further amended by inserting after section 3031 the following new section: "SEC. 303L. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSS- 41 USC 253/. ING FISCAL YEARS. "(a) AUTHORITY.—The head of an executive agency may enter into a contract for procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year. "(b) OBLIGATION OF FUNDS. —Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).". SEC. 1074. ECONOMY ACT PURCHASES. 31 USC 1535 (a) REGULATIONS REQUIRED.— The Federal Acquisition Regula- ^°^' tion shall be revised to include regulations governing the exercise of the authority under section 1535 of title 31, United States Code, for Federal agencies to purchase goods and services under contracts entered into or administered by other agencies. (b) CONTENT OF REGULATIONS. — The regulations prescribed pursuant to subsection (a) shall— (1) require that each purchase described in subsection (a) be approved in advance by a contracting officer of the ordering agency with authority to contract for the goods or services to be purchased or by another official in a position specifically designated by regulation to approve such purchase; (2) provide that such a purchase of goods or services may be made only if— (A) the purchase is appropriately made under a contract that the agency filling the purchase order entered into, before the purchase order, in order to meet the requirements of such agency for the same or similar goods ( or services; (B) the agency filling the purchase order is better qualified to enter into or administer the contract for such goods or services by reason of capabilities or expertise that is not available within the ordering agency; or (C) the agency or unit filling the order is specifically authorized by law or regulations to purchase such goods or services on behalf of other agencies; (3) prohibit any such purchase under a contract or other agreement entered into or administered by an agency not covered by the provisions of chapter 137 of title 10, United States Code, or title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and not covered by the Federal Acquisition Regulation unless the purchase is approved in advsmce by the senior procurement official responsible for purchasing by the ordering agency; and (4) prohibit any payment to the agency filling a purchase order of any fee that exceeds the actual cost or, if the actual cost is not known, the estimated cost of entering into and

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