§2679a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The State Department and the Foreign Service may sign procurement contracts paid from yearly appropriations for up to 5 years if two things are true. First, money is available and enough to pay for the first fiscal year and any cancellation costs. Second, the Secretary of State decides the need is reasonably firm and ongoing, the contract will help competition or save money in how things are done, and it will not block small businesses from taking part. If money is not provided to continue the contract into the next fiscal year, the contract must be canceled. Any cancellation costs must be paid from the original funds for the contract, from current funds for similar goods or services that are not already obligated, or from funds set aside to pay cancellation costs.

Title 22, §2679a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2679a, acts Aug. 1, 1956, ch. 841, § 14, as added Oct. 26, 1974, Pub. L. 93–475, § 10(a)–(d), 88 Stat. 1441; amended Nov. 29, 1975, Pub. L. 94–141, title IV, § 407(a), 89 Stat. 771; Aug. 17, 1977, Pub. L. 95–105, title IV, § 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, § 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, § 511(a)(2), Sept. 6, 1960, 74 Stat. 800. See section 5922(b) of Title 5, Government Organization and Employees.

§2679a Procurement contracts