Page:United States Statutes at Large Volume 105 Part 1.djvu/684

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105 STAT. 656 PUBLIC LAW 102-138—OCT. 28, 1991 chase agreements, if the Secretary or his designee determines, in each case, that such payments are in the interest of the United States Government in carrying out the purposes of this Act.", (c) EXCEPTION OF LEASES AND PURCHASES FROM COMPETITION. — Section 3 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 294), is amended in the second sentence by inserting "purchases of buildings, for leases, and for" after "contracts for". SEC. 116. MULTIYEAR CONTRACTING FOR MOSCOW. (a) MULTIYEAR CONTRACT. —For purposes of this section the term "multiyear contract" means a contract in effect for a period not to exceed five years. (b) AUTHORITY. —The Secretary of State may enter into multiyear contracts for the acquisition of property and the construction of diplomatic facilities in Moscow, as authorized by the Foreign Service Buildings Act, 1926, if — (1) there are sufficient funds available for United States Government liability for— (A) total payments under the full term of a contract; or (B) payments for the first fiscal year for which the contract is in effect, and for all estimated cancellation costs; and (2) the Secretary of State determines that— (A) a multiyear contract will serve the best interests of the United States Government by— (i) achieving economies in administration, performance, and operation; (ii) increasing quality of performance by, or service from, the contractor; or (iii) encouraging effective competition; and (B) a multiyear contract will not inhibit small business concerns from submitting a bid or proposal for such contract. (c) CONTRACT PROVISIONS. — (1) Unless funds are available for United States liability for payments under the full term of a multiyear contract, a multiyear contract shall provide that United States Government payments and performance under the contract during the second and any subsequent fiscal year of the contract period are contingent on the availability of funds for such year. (2) A multiyear contract may provide for payment to the contractor of a reasonable cancellation charge for a contingency under paragraph (1). (3) The Secretary is authorized to use such funds as may be available from the Foreign Service Buildings Fund for pay- ments under paragraph (2). (d) SUNSET PROVISION.—T his section shall cease to have effect after September 30, 1993. SEC. 117. TRANSFERS AND REPROGRAMMINGS. (a) BUYING POWER MAINTENANCE ACCOUNT.— Section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended by adding at the end of subsection (b) the following new paragraph: "(7)(A) Subject to the limitations contained in this paragraph, not later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available for an