Page:United States Statutes at Large Volume 104 Part 2.djvu/774

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104 STAT. 1388-366 PUBLIC LAW 101-508 —NOV. 5, 1990 1959 (40 U.S.C. 612)) only under a delegation of authority from the Administrator of General Services. "(c) PROCUREMENT PROCEDURES. — In procuring personal property or services and real property and interests therein under subsection (a), the Administrator may use procedures other than competitive procedures in circumstances which are set forth in section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)). " (d) SOLE SOURCE APPROVAL BY ADMINISTRATOR. — For procurements by the Federal Aviation Administration, the Administrator shall be the senior procurement executive referred to in paragraph (3) of section 16 of Office of Federal Procurement Policy Act (41 U.S.C. 414) for the purposes of approving the justification for the use of noncompetitive procedures required under section 303(f)(l)(B)(iii) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(l)(B)(iii)). " (e) MuLTiYEAR SERVICE CONTRACTS.— "(1) IN GENERAL. —Notwithstanding section 1341(a)(1)(B) of title 31, United States Code, the Administrator may enter into contracts for periods of not more than 5 years for the following types of services (and items of supply related to such services) for which funds would otherwise be available for obligation only within the fiscal year for which appropriated— "(A) operation, maintenance, and support of facilities and installations; "(B) operation, maintenance, or modification of aircraft, vehicles, and other highly complex equipment; "(C) specialized training necessitating high quality instructor skills (for example, pilot and aircrew members; foreign language training); and "(D) base services (for example, ground maintenance, inplane refueling; bus transportation; refuse collection and disposal). "(2) FINDINGS.— The Administrator may enter into a contract described in paragraph (1) only if the Administrator finds that— "(A) there will be a continuing requirement for the services consonant with current plans for the proposed contract period; "(B) the furnishing of such services will require a substantial initial investment in plant or equipment, or the incurrence of substantial contingent liabilities for the assembly, training, or transportation of a specialized workforce; and "(C) the use of such a contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation. "(3) GUIDANCE PRINCIPLES. — In entering into contracts described in paragraph (1), the Administrator shall be guided by the following principles: "(A) The portion of the cost of any plant or equipment amortized as a cost of contract performance should not exceed the ratio between the period of contract performance and the anticipated useful commercial life of such plant or equipment. Useful commercial life, for this purpose, means the commercial utility of the facilities rather than the physical life thereof, the due consideration given