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10 U.S.C. § 2922eAcquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority

submitted 42 years ago by Pub. L. 98-525 to r/title-10-ARMED-FORCES · 281 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority. It sets out the rules, duties, permissions, definitions, or other provisions that apply to that subject.

(a) Waiver Authority .— The Secretary of Defense may, for any purchase of a defined fuel source, waive the application of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines— (1) that market conditions for the defined fuel source have adversely affected (or will in the near future adversely affect) the acquisition of that defined fuel source by the Department of Defense; and (2) the waiver will expedite or facilitate the acquisition of that defined fuel source for Government needs. (b) Scope of Waiver .— A waiver under subsection (a) may be made about a particular contract or about classes of contracts. Such a waiver that is relevant to a contract for the purchase of a defined fuel source may also be made relevant to a subcontract under that contract. (c) Exchange Authority .— The Secretary of Defense may acquire a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source. (d) Authority To Sell .— The Secretary of Defense may sell a defined fuel source of the Department of Defense if the Secretary determines that the sale would be in the public interest. The proceeds of such a sale must be credited to appropriations of the Department of Defense for the acquisition of a defined fuel source or services related to a defined fuel source. Amounts so credited must be available for obligation for the same period as the appropriations to which the amounts are credited.
the actual law source: uscode.house.gov ↗public domain
(a)Waiver Authority.—

The Secretary of Defense may, for any purchase of a defined fuel source, waive the application of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines—

(1)

that market conditions for the defined fuel source have adversely affected (or will in the near future adversely affect) the acquisition of that defined fuel source by the Department of Defense; and

(2)

the waiver will expedite or facilitate the acquisition of that defined fuel source for Government needs.

(b)Scope of Waiver.—

A waiver under subsection (a) may be made with respect to a particular contract or with respect to classes of contracts. Such a waiver that is applicable to a contract for the purchase of a defined fuel source may also be made applicable to a subcontract under that contract.

(c)Exchange Authority.—

The Secretary of Defense may acquire a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source.

(d)Authority To Sell.—

The Secretary of Defense may sell a defined fuel source of the Department of Defense if the Secretary determines that the sale would be in the public interest. The proceeds of such a sale shall be credited to appropriations of the Department of Defense for the acquisition of a defined fuel source or services related to a defined fuel source. Amounts so credited shall be available for obligation for the same period as the appropriations to which the amounts are credited.

Source credit: (Added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2604, § 2404; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–510, div. A, title XIII, § 1322(a)(8), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103–160, div. A, title VIII, § 826, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 106–65, div. A, title VIII, § 803(a), (b)(1), Oct. 5, 1999, 113 Stat. 703; renumbered § 2922e, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 112–81, div. B, title XXVIII, § 2821(b)(2), Dec. 31, 2011, 125 Stat. 1691.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-525 · 98 Stat. 2604
  • 1987Amended · Pub. L. 100-26 · 101 Stat. 284
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1671
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1711
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 703
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2494
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1691

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-525 on 1984-10-19.

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