§ 114. Multiyear procurement

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.

1. 1988

   Veterans

   Pub. L. 100–322 title IV § 404(a) · 102 Stat. 487

   Enacted · 38 U.S.C. § 114

   Added Pub. L. 100–322, title IV, § 404(a), May 20, 1988, 102 Stat. 545

   Source evidence

   Code source credit
   Added Pub. L. 100–322, title IV, § 404(a), May 20, 1988, 102 Stat. 545

   Enacted provision · exact public law section
   (a) Authority for Multiyear Contracts.— Chapter 1 is amended by adding at the end the following new section: “§ 114. Multiyear procurement for certain medical items “(a) The Administrator may enter into a multiyear contract for the procurement of supplies or services for use in Veterans’ Administration health-care facilities if the Administrator makes each of the following determinations: “(1) Appropriations are available for obligations that are necessary for total payments that would be required during the fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the contract. “(2) The contract is in the best interest of the United States by reason of the effect that use of a multiyear, rather than one-year, contract would have in— “(A) reducing costs; “(B) achieving economies in contract administration or in any other Veterans’ Administration activities; “(C) increasing quality of performance by or service from the contractors; or “(D) encouraging effective competition. “(3) During the proposed contract period— “(A) there will be a continuing or recurring need for the supplies or services being procured; “(B) there is not a substantial likelihood of substantial changes in the need for such supplies or services in terms of the total quantity of such supplies or services or of the rate of delivery of such supplies or services; and “(C) the specifications for the supplies or services are expected to be reasonably stable. “(4) The risks relating to the prospective contractor’s ability to perform in accordance with the specifications and other terms of the contract are not excessive. “(5) The use of a multiyear contract will not inhibit small business concerns in competing for the contract. “(6) In the case of the procurement of a pharmaceutical item for which a patent has expired less than four years before the date on which the solicitation of offers is issued, there is no substantial likelihood that increased competition among potential contractors would occur during the term of the contract as the result of the availability of generic equivalents increasing during the term of the contract. “(b) (1) A multiyear contract authorized by this section shall contain— “(A) a provision that the obligation of the United States under the contract during any fiscal year which is included in the contract period and is subsequent to the fiscal year during which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Administrator pursuant to paragraph (2)(A) of this subsection) if, at the time the contract is entered into, appropriations are not available to cover the total estimated payments that will be required during the full term of the contract; and “(B) notwithstanding section 1502(a) of title 31, a provision for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if any, if the performance is cancelled pursuant to the provision required by subparagraph (A) of this paragraph. “(2) (A) If, during a fiscal year after the fiscal year during which a multiyear contract is entered into under this section, the Administrator determines that, in light of other funding needs involved in the operation of Veterans’ Administration health-care programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Administrator shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection. “(B) Cancellation charges under a multiyear contract shall be paid from the appropriated funds which were originally available for performance of the contract or the payment of cancellation costs unless such funds are not available in an amount sufficient to pay the entire amount of the cancellation charges payable under the contract. In a case in which such funds are not available in such amount, funds available for the procurement of supplies and services for use for the same purposes as the supplies or services procured through such contract shall be used to the extent necessary to pay such cost. “(c) Nothing in this section shall be construed so as to restrict the Administrator’s exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear contracting. “(d) The Administrator shall prescribe regulations for the implementation of this section. “(e) For the purposes of this section: “(1) The term ‘appropriations’ has the meaning given that term in section 1511 of title 31. “(2) The term ‘cancel’ or ‘cancellation’ refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection. “(3) The term ‘multiyear contract’ means a contract which by its terms is to remain in effect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract for construction or for a lease of real property. “(4) The term ‘nonrecurring, unrecovered cost’ means those costs reasonably incurred by the contractor in performing a multiyear contract which (as determined under regulations prescribed under subsection (d) of this section) are generally incurred on a one-time basis.”

2. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 601(b)(1) · 103 Stat. 2062

   Struck · 38 U.S.C. § 114

   Pub. L. 101–237, § 601(b)(1), struck out “for certain medical items” after “Multiyear procurement” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 101–237, § 601(b)(1), struck out “for certain medical items” after “Multiyear procurement” in section catchline.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: “§ 114. Multiyear procurement”.

3. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 601(a)(1) · 103 Stat. 2062

   Struck · 38 U.S.C. § 114(a)

   Pub. L. 101–237, § 601(a)(1), struck out “for use in Veterans’ Administration health-care facilities” after “supplies or services”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–237, § 601(a)(1), struck out “for use in Veterans’ Administration health-care facilities” after “supplies or services”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out “for use in Veterans’ Administration health-care facilities”;

4. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 601(a)(2) · 103 Stat. 2062

   Struck · 38 U.S.C. § 114(b)(2)(A)

   Pub. L. 101–237, § 601(a)(2), struck out “health-care” before “programs, the amount”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 101–237, § 601(a)(2), struck out “health-care” before “programs, the amount”.

   Enacted provision · exact public law section
   (2) in subsection (b)(2)(A), by striking “health-care”; and

5. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 601(a)(3) · 103 Stat. 2062

   1. Redesignated · 38 U.S.C. § 114(e)(2)(4)

      Pub. L. 101–237, § 601(a)(3), redesignated pars. (3) and (4) as (2) and (3), respectively

   2. Struck · 38 U.S.C. § 114(e)(2)(4)

      Pub. L. 101–237, § 601(a)(3), struck out former par. (2) which read as follows: “The term ‘cancel’ or ‘cancellation’ refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection.”

   Source evidence

   Code amendment note
   Subsec. (e)(2) to (4). Pub. L. 101–237, § 601(a)(3), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “The term ‘cancel’ or ‘cancellation’ refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection.”

   Enacted provision · exact public law section
   (3) in subsection (e)— (A) by striking out paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

6. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 114(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

7. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 114(a)(2)(B)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

8. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 114(b)(1)(A)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 114(b)(2)(A)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

10. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 114(b)(2)(A)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

11. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 114(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

12. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 114(d)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

13 of 13 references resolved to an enrolled provision