33 U.S.C. § 891d: Contract authority

Summary

The Secretary may buy or lease ships for the NOAA fleet using multiyear contracts. Before doing so, the Secretary must expect Congress will be asked each year for enough money to keep the contract going, and must find the contract will help the United States by encouraging competition and saving money. Any such contract must say how long it lasts, must say that yearly payments only happen if Congress provides the money in advance for that year, and must limit what the United States owes if the contract ends early to the smaller of the contract’s stated termination amount or the funds that were appropriated before termination for the contract or similar purchases and that are still unspent at termination. The Secretary may also use multiyear contracts (up to 7 years) for oceanographic, fisheries, and mapping services if it is in the public interest and if the contract is cheaper than using NOAA ships (including operation, maintenance, and staff) or if NOAA ships are not available or cannot do the work. For ship construction or repair contracts, the Secretary may not require bonds larger than 20 percent of the base contract value (not counting options), unless a higher bond would not keep responsible bidders from competing.

Title 33, §891d

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Multiyear contracts

(1)In general

Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and subsections (a) and (b) of section 6301 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.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a)(1), “subsections (a) and (b) of section 6301 of title 41” substituted for “section 3732 of the Revised Statutes of the United States (41 U.S.C. 11)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

§891d Contract Authority

Summary

Title 33, §891d

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata