Page:United States Statutes at Large Volume 123.djvu/3449

 123STA T . 3 4 2 9PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 yearofth e c o n tract or that i nc lud e s an unfunded contin g ent lia b ility ine x cess of $20, 000,000 or ( 2 ) a contract for ad v ance p rocure m ent leading to a multiyear contract that employs economic order q uantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 3 0 days in advance of the proposed contract a w ard
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d, T hat no part of any appropriation contained in this A ct shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the G overnment ’ s liability: Provided fu r th er, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $ 5 00,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 1 0 - day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Pro- vided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract — (1) the S ecretary of D efense has submitted to C ongress a report within 30 days of enactment of this Act that certifies full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the con- tract for which procurement funds are identified in that report for production beyond advance procurement activities in the fiscal year 2010 budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and ( 4 ) the contract does not provide for a price ad j ustment based on a failure to award a follow-on contract .F unds appropriated in title I II of this Act may be used for a multiyear procurement contract as follows: F – 1 8 aircraft variants. S EC . 8012. W ithin the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appro- priated pursuant to section 401 of title 10, U nited States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authori z ed operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Terri- tories of the P acific Islands and freely associated states of M icro- nesia, pursuant to the Compact of Free Association as authorized Humanit a r ian a s sistan ce.T errit o ries. R e p orts. Reports.