Title 22 — Foreign Relations and Intercourse
Chapter 38 — Department of State
§ 2679a. Procurement contracts
Statutory text
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—
appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
the Secretary of State determines that—
the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
such a method of contracting will not inhibit small business participation.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of State Authorization Act, Fiscal Years 1982 and 1983
Pub. L. 97–241 title I § 121 · 96 Stat. 273
Enacted · 22 U.S.C. § 2679a
(Aug. 1, 1956, ch. 841, title I, § 14, as added and renumbered title I, Pub. L. 97–241, title I, § 121, title II, § 202(a), Aug. 24, 1982, 96 Stat. 280, 282.)
Source evidence
Code source credit
(Aug. 1, 1956, ch. 841, title I, § 14, as added and renumbered title I, Pub. L. 97–241, title I, § 121, title II, § 202(a), Aug. 24, 1982, 96 Stat. 280, 282.)Enacted provision · exact public law section
Sec. 121. procurement contracts The State Department Basic Authorities Act of 1956 is amended by inserting the following new section immediately after section 13: “Sec. 14. (a) Any contract for the procurement of property or 22 USC 2679a. 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 Cancellation. 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.”.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 2679a, acts Aug. 1, 1956, ch. 841, § 14, as added , Pub. L. 93–475, § 10(a)–(d), 88 Stat. 1441; amended , Pub. L. 94–141, title IV, § 407(a), 89 Stat. 771; , 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), , 94 Stat. 2160. Repeal effective , 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 , 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), , 74 Stat. 800. See section 5922(b) of Title 5, Government Organization and Employees.
Credits
(Aug. 1, 1956, ch. 841, title I, § 14, as added and renumbered title I, Pub. L. 97–241, title I, § 121, title II, § 202(a), , 96 Stat. 280, 282.)