Us Code § 1137 - Contracting for major acquisitions programs

§ 1137. Contracting for major acquisitions programs

(a) In General.—In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019.

(b) Authorized Methods.—Contracts entered into under subsection (a)—

(1) may be block buy contracts;

(2) may be incrementally funded;

(3) may include combined purchases, also known as economic order quantity purchases, of—

(A) materials and components; and

(B) long lead time materials; and

(4) as provided in section 3501 of title 10, may be multiyear contracts.

(c) Subject to Appropriations.—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts.

(Added Pub. L. 115–282, title III, §311(b), Dec. 4, 2018, 132 Stat. 4249; amended Pub. L. 116–283, div. G, title LVXXXI [LXXXI], §8111(b), Jan. 1, 2021, 134 Stat. 4639; Pub. L. 117–81, div. A, title XVII, §1702(d)(2), Dec. 27, 2021, 135 Stat. 2156.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 inserted "and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019" before period at end.

Subsec. (b)(4). Pub. L. 117–81 substituted "section 3501" for "section 2306b".

Statutory Notes and Related Subsidiaries

Internal Regulations and Policy

Pub. L. 115–282, title III, §311(e), Dec. 4, 2018, 132 Stat. 4249, provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the authorities provided under this section [enacting this section, amending section 501 of this title, enacting provisions set out as a note under section 1133 of this title, amending provisions formerly set out as a note under former section 573 of this title, and repealing provisions set out as notes under former sections 87 and 577 of this title], including the amendments made in this section."

SUBCHAPTER III—PROCUREMENT

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §108(c)(4), Dec. 4, 2018, 132 Stat. 4210, inserted subchapter III designation and heading.

Statutory Notes and Related Subsidiaries

Prohibition on Major Acquisition Contracts With Entities Associated With Chinese Communist Party

Pub. L. 117–263, div. K, title CXII, §11267, Dec. 23, 2022, 136 Stat. 4063, provided that:

"(a) In General.—The Commandant [of the Coast Guard] may not award any major acquisition contract until the Commandant receives a certification from the party that it has not, during the 10-year period preceding the planned date of award, directly or indirectly held an economic interest in an entity that is—

"(1) owned or controlled by the People's Republic of China; and

"(2) part of the defense industry of the Chinese Communist Party.

"(b) Inapplicability to Taiwan.—Subsection (a) shall not apply with respect to an economic interest in an entity owned or controlled by Taiwan."