H. R. 1107—99 
(c) TERMINATION CLAUSE.—A multiyear contract entered into 
under the authority of this section shall include a clause that 
provides that the contract shall be terminated if funds are not 
made available for the continuation of the contract in a fiscal 
year covered by the contract. Funds available for paying termination 
costs shall remain available for that purpose until the costs associ-
ated with termination of the contract are paid. 
(d) CANCELLATION CEILING NOTICE.—Before a contract described 
in subsection (b) that contains a clause setting forth a cancellation 
ceiling in excess of $10,000,000 may be awarded, the executive 
agency shall give written notification of the proposed contract and 
of the proposed cancellation ceiling for that contract to Congress. 
The contract may not be awarded until the end of the 30-day 
period beginning on the date of the notification. 
(e) CONTINGENCY CLAUSE
FOR APPROPRIATION
OF FUNDS.—A 
multiyear contract may provide that performance under the contract 
after the first year of the contract is contingent on the appropriation 
of funds and (if the contract does so provide) that a cancellation 
payment shall be made to the contractor if the funds are not 
appropriated. 
(f) OTHER LAW NOT AFFECTED.—This section does not modify 
or affect any other provision of law that authorizes multiyear con-
tracts. 
§ 3904. Contract authority for severable services contracts 
and multiyear contracts 
(a) COMPTROLLER GENERAL.—The Comptroller General may use 
available funds to enter into contracts for the procurement of sever-
able services for a period that begins in one fiscal year and ends 
in the next fiscal year and to enter into multiyear contracts for 
the acquisition of property and nonaudit-related services to the 
same extent as executive agencies under sections 3902 and 3903 
of this title. 
(b) LIBRARY OF CONGRESS.—The Library of Congress may use 
available funds to enter into contracts for the lease or procurement 
of severable services for a period that begins in one fiscal year 
and ends in the next fiscal year and to enter into multiyear contracts 
for the acquisition of property and services pursuant to sections 
3902 and 3903 of this title. 
(c) CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF REPRESENT-
ATIVES.—The Chief Administrative Officer of the House of Rep-
resentatives may enter into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent as the head of an executive 
agency under the authority of section 3902 of this title; and 
(2) multiyear contracts for the acquisitions of property and 
nonaudit-related services to the same extent as executive agen-
cies under the authority of section 3903 of this title. 
(d) CONGRESSIONAL BUDGET OFFICE.—The Congressional Budget 
Office may use available funds to enter into contracts for the 
procurement of severable services for a period that begins in one 
fiscal year and ends in the next fiscal year and may enter into 
multiyear contracts for the acquisition of property and services 
to the same extent as executive agencies under the authority of 
sections 3902 and 3903 of this title. 
(e) SECRETARY
AND SERGEANT
AT ARMS
AND DOORKEEPER
OF 
THE SENATE.—Subject to regulations prescribed by the Committee
H. R. 1107—100 
on Rules and Administration of the Senate, the Secretary and 
the Sergeant at Arms and Doorkeeper of the Senate may enter 
into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent and under the same conditions 
as the head of an executive agency under the authority of 
section 3902 of this title; and 
(2) multiyear contracts for the acquisition of property and 
services to the same extent and under the same conditions 
as executive agencies under the authority of section 3903 of 
this title. 
(f) CAPITOL POLICE.—The United States Capitol Police may enter 
into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent as the head of an executive 
agency under the authority of section 3902 of this title; and 
(2) multiyear contracts for the acquisitions of property and 
nonaudit-related services to the same extent as executive agen-
cies under the authority of section 3903 of this title. 
(g) ARCHITECT OF THE CAPITOL.—The Architect of the Capitol 
may enter into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent as the head of an executive 
agency under the authority of section 3902 of this title; and 
(2) multiyear contracts for the acquisitions of property and 
nonaudit-related services to the same extent as executive agen-
cies under the authority of section 3903 of this title. 
(h) SECRETARY OF THE SMITHSONIAN INSTITUTION.—The Secretary 
of the Smithsonian Institution may enter into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year under the authority of section 3902 of this title; 
and 
(2) multiyear contracts for the acquisition of property and 
services under the authority of section 3903 of this title. 
§ 3905. Cost contracts 
(a) 
COST-PLUS-A-PERCENTAGE-OF-COST
CONTRACTS
DIS-
ALLOWED.—The cost-plus-a-percentage-of-cost system of contracting 
shall not be used. 
(b) COST-PLUS-A-FIXED-FEE CONTRACTS.— 
(1) IN GENERAL.—Except as provided in paragraphs (2) and 
(3), the fee in a cost-plus-a-fixed-fee contract shall not exceed 
10 percent of the estimated cost of the contract, not including 
the fee, as determined by the agency head at the time of 
entering into the contract. 
(2) EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.— 
The fee in a cost-plus-a-fixed-fee contract for experimental, 
developmental, or research work shall not exceed 15 percent 
of the estimated cost of the contract, not including the fee. 
(3) ARCHITECTURAL OR ENGINEERING SERVICES.—The fee in 
a cost-plus-a-fixed-fee contract for architectural or engineering 
services relating to any public works or utility project may 
include the contractor’s costs and shall not exceed 6 percent 
of the estimated cost, not including the fee, as determined