Page:United States Statutes at Large Volume 95.djvu/1144

 95 STAT. 1118

PUBLIC LAW 97-86—DEC. 1, 1981

"(b) Subsection (aK5) does not include procurement of automatic data processing equipment or services to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).'. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2315. Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes.". Restriction. 10 USC 2315 note.

(b) Section 2315 of title 10, United States Code, as added by subsection (a), does not apply to a contract made before the date of the enactment of this Act. MULTIYEAR PROCUREMENT

Contracts.

SEC. 909. (a) Section 2301 of title 10, United States Code, is amended— (1) by striking out "It is" and inserting in lieu thereof "(b) It is also"- and (2) Dv inserting after the section heading the following: "(a)(1) The Congress finds that in order to ensure national defense preparedness, to conserve fiscal resources, and to enhance defense production capability, it is in the interest of the United States to acquire property and services for the Department of Defense in the most timely, economic, and efficient manner. It is therefore the policy of the Congress that services and property (including weapon systems and associated items) for the Department of Defense be acquired by any kind of contract, other than cost-plus-a-percentage-of-cost contracts, but including multiyear contracts, that will promote the interest of the United States. Further, it is the policy of the Congress that such contracts, when practicable, provide for the purchase of property at times and in quantities that will result in reduced costs to the Government and provide incentives to contractors to improve productivity through investment in capital facilities, equipment, and advanced technology. "(2) It is also the policy of the 0)ngress that contracts for advance procurement of components, parts, and materials necessary for manufacture or for logistics support of a weapon system should, if feasible and practicable, be entered into in a manner to achieve economic-lot purchases and more efficient production rates.". (b) Section 2306 of such title is amended— (1) by striking out "to be performed outside the forty-eight contiguous States and the District of Columbia" in subsection (g); and (2) by adding at the end thereof the following new subsection: "(h)(1) To the extent that funds are otherwise available for obligation, the head of an agency may make multiyear contracts (other than contracts described m paragraph (6)) for the purchase of property, including weapon systems and items and services associated with weapon systems (or the logistics support thereof), whenever he finds— "(A) that the use of such a contract will promote the national security of the United States and will result in reduced total costs under the contract; "(B) that the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities;

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