§ 1060a.
(a)
Program Required.—
The Secretary of Defense shall carry out a program to provide supplemental foods and nutrition education to members of the armed forces on duty at stations outside the United States (and its territories and possessions) and to eligible civilians serving with, employed by, or accompanying the armed forces outside the United States (and its territories and possessions).
(d)
Departure From Standards.—
The Secretary of Defense may authorize departures from standards prescribed by the Secretary of Agriculture regarding the supplemental foods to be made available in the program when local conditions preclude strict compliance or when such compliance is highly impracticable.
(e)
Rebate Agreements With Food Producers.—
(1)
In the administration of the program under this section, the Secretary of Defense may enter into a contract with a producer of a particular brand of food that provides for—
(A)
the Secretary of Defense to procure that particular brand of food, exclusive of other brands of the same or similar food, for the purpose of providing the food in commissary stores or Navy Exchange Markets of the Department of Defense as a supplemental food under the program; and
(B)
the producer to rebate to the Secretary amounts equal to agreed portions of the amounts paid by the Secretary for the procurement of that particular brand of food for the program.
(2)
The Secretary of Defense shall use competitive procedures under chapter 137
1
See References in Text note below.
of this title to enter into contracts under this subsection.
(3)
The period covered by a contract entered into under this subsection, including any period of extension of the contract by modification of the contract, exercise of an option, or other cause, may not exceed three years. No such contract may be extended by a modification of the contract, by exercise of an option, or by any other means. Nothing in this paragraph prohibits a contractor under a contract entered into under this subsection for any year from submitting an offer for, and being awarded, a contract that is to be entered into under this subsection for a successive year.
(4)
Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period as the other sums in the appropriation.
(Added [Pub. L. 103–337, div. A, title VI, § 653(a)], Oct. 5, 1994, [108 Stat. 2794]; amended [Pub. L. 104–106, div. A, title XV, § 1503(a)(9)], Feb. 10, 1996, [110 Stat. 511]; [Pub. L. 105–85, div. A, title VI, § 655(b)(1)], Nov. 18, 1997, [111 Stat. 1805]; [Pub. L. 106–65, div. A, title VI, § 674(a)]–(d), Oct. 5, 1999, [113 Stat. 675]; [Pub. L. 106–398, § 1 [[div. A]], title VI, § 662], Oct. 30, 2000, [114 Stat. 1654], 1654A–167; [Pub. L. 107–107, div. A, title III, § 334], Dec. 28, 2001, [115 Stat. 1059]; [Pub. L. 107–314, div. A, title III, § 324], Dec. 2, 2002, [116 Stat. 2511].)