Page:United States Statutes at Large Volume 118.djvu/878

 118 STAT. 848 PUBLIC LAW 108–276—JULY 21, 2004 ‘‘(II) DISCOUNTED PAYMENT.—The contract may provide for a discounted price per unit of a product that is not licensed, cleared, or approved as described in paragraph (1)(B)(i)(III)(aa) at the time of delivery, and may provide for payment of an additional amount per unit if the product becomes so licensed, cleared, or approved before the expiration date of the contract (including an additional amount per unit of product delivered before the effective date of such licensing, clear ance, or approval). ‘‘(III) CONTRACT DURATION.—The contract shall be for a period not to exceed five years, except that, in first awarding the contract, the Secretary may provide for a longer duration, not exceeding eight years, if the Secretary determines that complexities or other difficulties in perform ance under the contract justify such a period. The contract shall be renewable for additional periods, none of which shall exceed five years. ‘‘(IV) STORAGE BY VENDOR.—The contract may provide that the vendor will provide storage for stocks of a product delivered to the ownership of the Federal Government under the contract, for such period and under such terms and condi tions as the Secretary may specify, and in such case amounts from the special reserve fund under paragraph (10) shall be available for costs of ship ping, handling, storage, and related costs for such product. ‘‘(V) PRODUCT APPROVAL.—The contract shall provide that the vendor seek approval, clearance, or licensing of the product from the Secretary; for a timetable for the development of data and other information to support such approval, clear ance, or licensing; and that the Secretary may waive part or all of this contract term on request of the vendor or on the initiative of the Secretary. ‘‘(VI) NON STOCKPILE TRANSFERS OF SECURITY COUNTERMEASURES.—The contract shall provide that the vendor will comply with all applicable export related controls with respect to such countermeasure. ‘‘(iii) AVAILABILITY OF SIMPLIFIED ACQUISITION PROCEDURES.— ‘‘(I) IN GENERAL.—If the Secretary determines that there is a pressing need for a procurement of a specific countermeasure, the amount of the procurement under this subsection shall be deemed to be below the threshold amount specified in sec tion 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)), for purposes of application to such procurement, pursuant to sec tion 302A(a) of the Federal Property and Adminis trative Services Act of 1949 (41 U.S.C. 252a(a)), of—

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