Page:United States Statutes at Large Volume 110 Part 1.djvu/678

 110 STAT. 654 PUBLIC LAW 104-106—FEB. 10, 1996 Notice. Publication. 10 USC 2304 note. 41 USC 431. 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."; and (2) by adding at the end the following new subsection: "(g) SPECIAL RULES FOR COMMERCIAL ITEMS.— The Federal Acquisition Regulation shall provide that, in the case of a purchase of commercial items using special simplified procedures, an executive agency— "(1) shall publish a notice in accordance with section 18 and, as provided in subsection (b)(4) of such section, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) which shall be considered by the agency; "(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 of title 10, United States Code, or section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), 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.". (d) SIMPLIFIED NOTICE. —(1) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended— (A) in subsection (a)(6), by inserting before "submission" the following: "issuance of solicitations and the"; and (B) in subsection (b)(6), by striking out "threshold—" and inserting in lieu thereof "threshold, or a contract for the procurement of commercial items using special simplified procedures—". (e) EFFECTIVE DATE. —The authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold pursuant to the special simplified procedures authorized by section 2304(g)(1) of title 10, United States Code, section 303(g)(1) of the Federal Property and Administrative Services Act of 1949, and section 31(a) of the Office of Federal Procurement Policy Act, as amended by this section, shall expire three years after the date on which such amendments take effect pursuant to section 4401(b). Contracts may be awarded pursuant to solicitations that have been issued before such authority expires, notwithstanding the expiration of such authority. SEC. 4203. INAPPLICABILITY OF CERTAIN PROCUREMENT LAWS TO COMMERCIALLY AVAILABLE OFF-THE -SHELF ITEMS. (a) LAWS LISTED IN THE FAR.—The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end the following: "SEC. 35. COMMERCIALLY AVAILABLE OFF-THE -SHELF ITEM ACQUISI- TIONS: USTS OF INAPPLICABLE LAWS IN FEDERAL ACQUISITION REGULATION. "(a) LISTS OF INAPPLICABLE PROVISIONS OF LAW.— (1) The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. "(2) A provision of law that, pursuant to paragraph (3), is properly included on a list referred to in paragraph (1) may not be construed as being applicable to contracts referred to in paragraph (1). Nothing in this section shall be construed to render

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