§ 2679a. — Procurement contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2679a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2679a. Procurement contracts
(a) Funding for periods not in excess of five years; conditions
Any contract for the procurement of property or services, or both,
for the Department of State or the Foreign Service which is funded on
the basis of annual appropriations may nevertheless be made for periods
not in excess of 5 years when--
(1) appropriations are available and adequate for payment for
the first fiscal year and for all potential cancellation costs; and
(2) the Secretary of State determines that--
(A) the need of the Government for the property or service
being acquired over the period of the contract is reasonably
firm and continuing;
(B) such a contract will serve the best interests of the
United States by encouraging effective competition or promoting
economies in performance and operation; and
(C) such a method of contracting will not inhibit small
business participation.
(b) Cancellation of contracts
In the event that funds are not made available for the continuation
of such a contract into a subsequent fiscal year, the contract shall be
cancelled and any cancellation costs incurred shall be paid from
appropriations originally available for the performance of the contract,
appropriations currently available for the acquisition of similar
property or services and not otherwise obligated, or appropriations made
for such cancellation payments.
(Aug. 1, 1956, ch. 841, title I, Sec. 14, as added and renumbered title
I, Pub. L. 97-241, title I, Sec. 121, title II, Sec. 202(a), Aug. 24,
1982, 96 Stat. 280, 282.)
Prior Provisions
A prior section 2679a, acts Aug. 1, 1956, ch. 841, Sec. 14, as added
Oct. 26, 1974, Pub. L. 93-475, Sec. 10(a)-(d), 88 Stat. 1441; amended
Nov. 29, 1975, Pub. L. 94-141, title IV, Sec. 407(a), 89 Stat. 771; Aug.
17, 1977, Pub. L. 95-105, title IV, Sec. 410(a), 91 Stat. 854, set forth
provisions respecting death guaranties for certain Foreign Service
personnel, prior to repeal by Pub. L. 96-465, title II, Sec. 2205(10),
Oct. 17, 1980, 94 Stat. 2160. Repeal effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title. See section 3973
of this title.
Another prior section 14 of act Aug. 1, 1956, was classified to
section 170s of former Title 5, Executive Departments and Government
Officers and Employees, prior to repeal by Pub. L. 86-707, title V,
Sec. 511(a)(2), Sept. 6, 1960, 74 Stat. 800. See section 5922(b) of
Title 5, Government Organization and Employees.
