124 STAT. 3774 PUBLIC LAW 111–350—JAN. 4, 2011 § 3901. Contracts awarded using procedures other than sealed-bid procedures (a) AUTHORIZED TYPES.—Except as provided in section 3905 of this title, contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government. (b) REQUIRED WARRANTY.— (1) CONTENT.—Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable war- ranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or under- standing for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business. (2) REMEDY FOR BREACH OR VIOLATION.—For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee. (3) NONAPPLICATION.—Paragraph (1) does not apply to a con- tract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial items. § 3902. Severable services contracts for periods crossing fiscal years (a) AUTHORITY TO ENTER INTO CONTRACT.—The head of an execu- tive agency may enter into a contract for the procurement of sever- able services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year. (b) OBLIGATION OF FUNDS.—Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of this section. § 3903. Multiyear contracts (a) DEFINITION.—In this section, a multiyear contract is a contract for the purchase of property or services for more than one, but not more than 5, program years. (b) AUTHORITY TO ENTER INTO CONTRACT.—An executive agency may enter into a multiyear contract for the acquisition of property or services if— (1) funds are available and obligated for the contract, for the full period of the contract or for the first fiscal year in which the contract is in effect, and for the estimated costs associated with a necessary termination of the contract; and (2) the executive agency determines that— (A) the need for the property or services is reasonably firm and continuing over the period of the contract; and (B) a multiyear contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of the agency’s programs.
