33 U.S.C. § 891d — Contract authority

(a) Multiyear contracts. Subject to paragraphs (2) and (3), the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or another method under one or more multiyear contracts, despite the listed funding and procurement laws. (2) The Secretary may sign such a contract only after finding that Congress is reasonably expected to provide the funding needed to avoid ending it and that it serves the United States by encouraging competition and efficient NOAA operations. (3) The contract must say that payments for each fiscal year depend on advance appropriations, state its term, and limit the United States' liability if it ends early to the lesser of the contract's stated termination amount or the unobligated amounts appropriated before termination for the contract or that kind of acquisition. (b) Service contracts. Despite other law, the Secretary may make multiyear contracts of no more than 7 years for oceanographic research, fisheries research, or mapping and charting services if the Secretary finds that doing so is in the public interest and either the contract costs less than NOAA providing the services with its vessels, including operation, maintenance, and personnel costs, or NOAA vessels are unavailable or unable to provide them. (c) Bonding authority. For construction, alteration, repair, or maintenance of a NOAA vessel, the Secretary may not require a bid, payment, performance, completion, or other surety bond above 20 percent of the base contract quantity's value, excluding options, unless the Secretary finds that the requirement will not keep a responsible bidder or offeror from competing.