(a) When Procedures Are To Be Used.— To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts—
(1)not greater than the simplified acquisition threshold; and
(2)greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.
(b) Prohibition on Dividing Purchases.— A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts to use the simplified acquisition procedures required by subsection (a).
(c) Promotion of Competition Required.— When using simplified acquisition procedures, the head of an executive agency shall promote competition to the maximum extent practicable.
(d) Consideration of Offers Timely Received.— The simplified acquisition procedures contained in the Federal Acquisition Regulation shall include a requirement that a contracting officer consider each responsive offer timely received from an eligible offeror.
(e) Special Rules for Commercial Items.— The Federal Acquisition Regulation shall provide that an executive agency using special simplified procedures to purchase commercial items—
(1)shall publish a notice in accordance with section
1708 of this title and, as provided in section
1708(c)(4) of this title, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) that the agency shall consider;
(2)may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with section
2304(f) of title
10 or section
3304(e) of this title, as applicable; and
(3)shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received.
Pub. L. 93–400, § 31, as added Pub. L. 103–355, title IV, § 4201(a), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 104–106, title XLII, § 4202(c), title XLIII, § 4302(b), Feb. 10, 1996, 110 Stat. 653, 658, as amended Pub. L. 104–201, title X, § 1074(b)(6) (less effective date), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 105–85, title VIII, § 850(d), Nov. 18, 1997, 111 Stat. 1848.
Section 31(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(e)) is omitted as obsolete.
In subsection (e)(2), the reference to section
253 of this title is limited to section 3303(e) of the revised title for clarity.
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