Sec. 2814. Multiyear contracting authority for certain military construction projects
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Subject to section 3501 of title 10, United States Code, each Secretary of a military department may enter into one or more multiyear contracts for any procurement relating to one or more authorized military construction projects for facilities at one or more military installations if the Secretary concerned— has identified such project as a multiyear contract in the budget submitted to Congress by the Secretary of Defense pursuant to section 1105 of title 31, United States Code— a list of locations included in the multiyear contract; the total number of facilities included such contract; and the total anticipated cost of the such contract; has determined the use of such contract will result in significant savings of the total anticipated cost for carrying out projects under the contract as compared to other contract types; has determined that the minimum need for such projects is expected to remain substantially unchanged during the proposed contract period; and has a reasonable expectation that throughout the proposed contract period funding for the contract will be available.
A contract entered into under subsection
(a)shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after the fiscal year in which the contract is awarded is subject to the availability of appropriations or funds for that purpose for such later fiscal year. A Secretary of a military department may enter into one or more contracts for an advance procurement associated with a military construction project for which authorization to enter into a multiyear contract is provided under subsection (a), which may include procurement of economic order quantities of materials or components for such a project when cost savings are achievable. A Secretary of a military department desiring to award a multiyear contract under the authority of this section shall— submit to the congressional defense committees a certification that such contract will result in cost savings of at least ten percent compared to a similar one-year contract; and not award such contract until the end of the 14-day period beginning on the date of submission of the certification described in subparagraph (A). A Secretary of a military department may only use the authority under this section for military construction projects that— are included in the future-years defense program submitted under section 221 of title 10, United States Code; and use standardized and repeatable designs.