Page:United States Statutes at Large Volume 110 Part 6.djvu/65

 PUBLIC LAW 104-322—OCT. 19, 1996 110 STAT. 3887 "(3) the Authority determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement; or "(4) the property or services can be obtained through federal or other governmental sources at reasonable prices. "(d) For the purpose of applying subsection (c)(1) of this section: "(1) in the case of a contract for property, services, or construction to be awarded on the basis of acceptance of an unsolicited proposal, the property, services, or construction shall be deemed to be available from only one responsible source if the source has submitted an unsolicited proposal that demonstrates a concept: "(A) that is unique and innovative or, in the case of a service, for which the source demonstrates a unique capability to provide the service; and "(B) the substance of which is not otherwise available to the Authority and does not resemble the substance of a pending competitive procurement. "(2) in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment or the continued provision of highly specialized services, the property, services, or construction may be deemed to be available from only the original source and may be procured through procedures other than competitive procedures if it is likely that award to a source other than the original source would result in: "(A) substantial duphcation of cost to the Authority that is not expected to be recovered through competition; or "(B) unacceptable delays in fulfilling the Authoritys needs. "(e) If the Authority uses procedures other than competitive procedures to procure property, services, or construction under subsection (c)(2) of this section, the Authority shall request oflTers from as many potential sources as is practicable under the circumstances. "(f)(1) To promote efficiency and economy in contracting, the Authority may use simplified acquisition procedures for purchases of property, services and construction. "(2) For the purposes of this subsection, simplified acquisition procedures may be used for purchases for an amount that does not exceed the simplified acquisition threshold adopted by the Federal Government. "(3) 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 in order to use the procedures under pgiragraph (1) of this subsection. "(4) In using simplified acquisition procedures, the Authority shall promote competition to the maximum extent practicable. "(g) The Board shall adopt policies and procedures to implement this Section. The policies and procedures shall provide for publication of notice of procurements and other actions designed to secure competition where competitive procedures are used. "(h) The Authority in its discretion may reject any and all bids or proposals received in response to a solicitation.". (8) Section 81 is amended to read as follows: 29-194 0-96 -3: QL 3 Part6

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