§ 891d. — Contract authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC891d]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER III--NOAA FLEET MODERNIZATION
Sec. 891d. Contract authority
(a) Multiyear contracts
(1) In general
Subject to paragraphs (2) and (3), and notwithstanding section
1341 of title 31 and section 11 of title 41, the Secretary may
acquire vessels for the NOAA fleet by purchase, lease, lease-
purchase, or otherwise, under one or more multiyear contracts.
(2) Required findings
The Secretary may not enter into a contract pursuant to this
subsection unless the Secretary finds with respect to that contract
that--
(A) there is a reasonable expectation that throughout the
contemplated contract period the Secretary will request from
Congress funding for the contract at the level required to avoid
contract termination; and
(B) the use of the contract will promote the best interests
of the United States by encouraging competition and promoting
economic efficiency in the operation of the NOAA fleet.
(3) Required contract provisions
The Secretary may not enter into a contract pursuant to this
subsection unless the contract includes--
(A) a provision under which the obligation of the United
States to make payments under the contract for any fiscal year
is subject to the availability of appropriations provided in
advance for those payments;
(B) a provision that specifies the term of effectiveness of
the contract; and
(C) appropriate provisions under which, in case of any
termination of the contract before the end of the term specified
pursuant to subparagraph (B), the United States shall only be
liable for the lesser of--
(i) an amount specified in the contract for such a
termination; or
(ii) amounts that--
(I) were appropriated before the date of the
termination for the performance of the contract or for
procurement of the type of acquisition covered by the
contract; and
(II) are unobligated on the date of the termination.
(b) Service contracts
Notwithstanding any other provision of law, the Secretary may enter
into multiyear contracts for oceanographic research, fisheries research,
and mapping and charting services to assist the Secretary in fulfilling
NOAA missions. The Secretary may only enter into these contracts if--
(1) the Secretary finds that it is in the public interest to do
so;
(2) the contract is for not more than 7 years; and
(3)(A) the cost of the contract is less than the cost (including
the cost of operation, maintenance, and personnel) to the NOAA of
obtaining those services on NOAA vessels; or
(B) NOAA vessels are not available or cannot provide those
services.
(c) Bonding authority
Notwithstanding any other law, the Secretary may not require a
contractor for the construction, alteration, repair or maintenance of a
NOAA vessel to provide a bid bond, payment bond, performance bond,
completion bond, or other surety instrument in an amount greater than 20
percent of the value of the base contract quantity (excluding options)
unless the Secretary determines that requiring an instrument in that
amount will not prevent a responsible bidder or offeror from competing
for the award of the contract.
(Pub. L. 102-567, title VI, Sec. 606, Oct. 29, 1992, 106 Stat. 4301.)
