Page:United States Statutes at Large Volume 112 Part 2.djvu/730

 112 STAT. 1614 PUBLIC LAW 105-244—OCT. 7, 1998 Deadline. "(A) PUBLICATION. —Not less than 30 days before issuing a solicitation for offers for a contract for a module for a system under procedures authorized under subparagraph (A) or (B) of paragraph (4), the PBO shall publish in the Commerce Business Daily a notice of the intent to use such procedures to enter into the contract. "(B) EXCEPTION.— Publication of a notice is not required under this paragraph with respect to a use of procedures authorized under paragraph (4) if the contractor referred to in that subparagraph (who is to be solicited to submit an offer) has previously provided a module for the system under a contract that contained cost, schedule, and performance goals and the contractor met those goals. "(C) CONTENT OP NOTICE.— ^A notice pubhshed under subparagraph (A) with respect to a use of procedures described in p£u*agraph (4) shall contain the information required under section 18(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(b)), other than paragraph (4) of such section, and shall invite the submission of any assertion that the use of the procedures for the procurement involved is not in the best interest of the Federal Government together with information supporting the assertion. "(6) DOCUMENTATION.—The basis for gui award of a contract under this subsection shall be documented. However, a justification pursuant to section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)) or section 8(h) of the Small Business Act (15 U.S.C. 637(h)) is not required. " (7) SIMPLIFIED SOURCE-SELECTION PROCEDURES.— The PBO may award a contract under any other simplified procedures prescribed by the PBO for the selection of sources for the procurement of modules for a system, after the first module, that are not to be procured under a contract awarded on a sole-source basis. " (h) USE OF SIMPLIFIED PROCEDURES FOR SMALL BUSINESS SET- ASIDES FOR SERVICES OTHER THAN COMMERCIAL ITEMS. — "(1) AUTHORITY.— The PBO may use special simplified procedures for a procurement of services that are not commercial items if— "(A) the procurement is in an amount not greater than $1,000,000; "(B) the procurement is conducted as a small business set-aside pursuant to section 15(a) of the Small Business Act (15 U.S.C. 644(a)); and "(C) the price charged for supplies associated with the services procured are items of supply expected to be less than 20 percent of the total contract price. "(2) INAPPLICABILITY TO CERTAIN PROCUREMENTS.—The authority set forth in paragraph (1) may not be used for— "(A) an award of a contract on a sole-source basis; or "(B) a contract for construction. " (i) GUIDANCE FOR USE OF AUTHORITY.— "(1) ISSUANCE BY PBO. —The Chief Operating Officer of the PBO, in consultation with the Administrator for Federal

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