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(2) authorize a purchaser of articles or services to use advance incremental funding to pay for the articles or services; and
(3) in the case of a sale of commercial articles or commercial services in accordance with subsection (a) by a facility that manufactures large caliber cannons, gun mounts, or recoil mechanisms, or components thereof, authorize such facility
(A) to charge the buyer, at a minimum, the variable costs that are associated with the commercial articles or commercial services sold;
(B) to enter into a firm, fixed-price contract or, if agreed by the buyer, a cost reimbursement contract for the sale; and
(C) to develop and maintain (from sources other than appropriated funds) working capital to be available for paying design costs, planning costs, procurement costs, and other costs associated with the commercial articles or commercial services sold.
(c) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.-Nothing in this section shall be construed to affect the application of the export controls provided for in section 38 of the Arms Export Control Act (22 U.S.Č. 2778) to items which incorporate or are produced through the use of an article sold under this section.
(d) DEFINITIONS.-In this section:
(1) The term "commercial article" means an article that is usable for a nondefense purpose.
(2) The term "commercial service" means a service that is usable for a nondefense purpose.
(3) The term "advance incremental funding", with respect to a sale of articles or services, means a series of partial payments for the articles or services that includes
(A) one or more partial payments before the commencement of work or the incurring of costs in connection with the production of the articles or the performance of the services, as the case may be; and
(B) subsequent progress payments that result in full payment being completed as the required work is being completed.
(4) The term "variable costs", with respect to sales of articles or services, means the costs that are expected to fluctuate directly with the volume of sales and
(A) in the case of articles, the volume of production necessary to satisfy the sales orders; or
(B) in the case of services, the extent of the services
(Added P.L. 103–160, § 158(a)(1), Nov. 30, 1993, 107 Stat. 1581, and amended P.L. 103–337, § 141, Oct. 5, 1994, 108 Stat. 2688.)
Subtitle C-Navy and Marine Corps
PART IV-GENERAL ADMINISTRATION
631. Secretary of the Navy: Miscellaneous Powers and Duties.....
633. Naval Vessels
645. Procurement of Supplies and Services
[7201 to 7203. Repealed.]
CHAPTER 631-SECRETARY OF THE NAVY:
[7208 to 7210. Repealed.]
Attendance at meetings of technical, professional, or scientific organiza
Employment of outside architects and engineers.
Purchase of fuel.
[87201. Repealed. P.L. 103–160, § 824(a)(1), Nov. 30, 1993, 107 Stat. 1707]
[§ 7202. Repealed. P.L. 94-106, §804(b), Oct. 7, 1975, 89 Stat. 538]
[§ 7203. Repealed. P.L. 103-355, §3025(b), Oct. 13, 1994, 108 Stat. 3334]
[§ 7208. Repealed. P.L. 98-525, § 1401(d)(3), Oct. 19, 1984, 98 Stat. 2616]
[§ 7209. Repealed. P.L. 100-370, §1(e)(3), July 19, 1988, 102 Stat. 845]
[87210. Repealed. P.L. 103-160, § 824(a)(2), Nov. 30, 1993, 107 Stat. 1707]
§ 7211. Attendance at meetings of technical, professional, or scientific organizations
(a) The Secretary of the Navy may authorize
(1) members of the naval service on active duty;
(2) civilian officers and employees of the Department of the
(3) members of the Coast Guard when it is operating as a service in the Navy; and
(4) members of the National Oceanic and Atmospheric Administration serving with the Navy;
to attend meetings of technical, professional, scientific, and similar organizations, if the Secretary believes that their attendance will benefit the Department. The personnel may be reimbursed for their expenses at the rates prescribed by law.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the
Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444; Nov. 2, 1966, P.L. 89–718, §8(a), 80 Stat. 1117; Dec. 12, 1980, P.L. 96–513, § 513(24), 94 Stat. 2932.)
§ 7212. Employment of outside architects and engineers
(a) Whenever the Secretary of the Navy believes that the existing facilities of the Department of the Navy are inadequate and he considers it advantageous to national defense, he may employ, by contract or otherwise, without advertising and without reference to sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5, architectural or engineering corporations, or firms, or individual architects or engineers, to produce designs, plans, drawings, and specifications for the accomplishment of any naval public works or utilities project or for the construction of any vessel or aircraft, or part thereof.
(b) The fee for any service under this section may not exceed 6 percent of the estimated cost, as determined by the Secretary, of the project to which the fee applies.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444; Nov. 2, 1966, P.L. 89-718, §28, 80 Stat. 1119; Oct. 13, 1978, P.L. 95-454, §703(c)(3), §801(a)(3)(I), 92 Stat. 1217, 1222; Dec. 12, 1980, P.L. 96-513, §513(25), 94 Stat. 2932.)
[§ 7213. Repealed. P.L. 103–160, § 824(a)(3), Nov. 30, 1993, 107 Stat. 1707]
$7229. Purchase of fuel
In buying fuel, the Secretary of the Navy may, in any manner he considers proper, buy the kind of fuel that is best adapted to the purpose for which it is to be used.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
[§ 7230. Repealed. P.L. 103-160, §824(a)(4), Nov. 30, 1993, 107 Stat. 1707]