Page:United States Statutes at Large Volume 104 Part 2.djvu/775

This page needs to be proofread.

PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-367 to such factors as location of facilities, specialized nature thereof, and obsolescence. "(B) Consideration shall be given to the desirability of obtaining an option to renew the contract for a resisonable period not to exceed 8 years, at prices not to include charges for plant, equipment, and other nonrecurring costs, already amortized. "(C) Consideration shall be given to the desirability of reserving in the Federal Aviation Administration the right, upon payment of the unamortized portion of the cost of the plant or equipment, to take title thereto under appropriate circumstances. "(4) TERMINATION.— In the event funds are not made available for the continuation of a contract described in paragraph (1) into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— "(A) appropriations originally available for the performance of the contract concerned; "(B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or "(C) funds appropriated for those payments.


"(1) IN GENERAL.— Notwithstanding section 1341(a)(l)(B) of title 31, United States Code, to the extent that funds are otherwise available for obligation, the Administrator may make multiyear contracts (other than contracts described in paragraph (6)) for the purchase of property, whenever the Administrator finds— "(A) that the use of such a contract will promote the safety or efficiency of the National Airspace System and will result in reduced total costs under the contract; "(B) that the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; "(C) that there is a reasonable expectation that throughout the contemplated contract period the Administrator will request funding for the contract at the level required to avoid contract cancellation; "(D) that there is a stable design for the property to be acquired and that the technical risks Eissociated with such property are not excessive; and "(E) that the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic. " (2) REGULATIONS. — "(A) GENERAL RULE.— The Administrator shall issue regulations for acquisition of property under this subsection to promote the use of multiyear contracting as authorized by paragraph (1) in a manner that will allow the most efficient use of multiyear contracting. "(B) CANCELLATION PROVISIONS. — The regulations issued under this paragraph may provide for cancellation provisions in multiyear contracts described in paragraph (1) to the extent that such provisions are necessary and in the