Page:United States Statutes at Large Volume 118.djvu/868

 118 STAT. 838 PUBLIC LAW 108–276—JULY 21, 2004 has authority to use procedures other than competitive procedures when the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. ‘‘(3) INCREASED MICROPURCHASE THRESHOLD.— ‘‘(A) IN GENERAL.—For a procurement described by paragraph (1), the amount specified in subsections (c), (d), and (f) of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) shall be deemed to be $15,000 in the administration of that section with respect to such procurement. ‘‘(B) INTERNAL CONTROLS TO BE INSTITUTED.—The Sec retary shall institute appropriate internal controls for pur chases that are under this paragraph and that are greater than $2,500. ‘‘(C) EXCEPTION TO PREFERENCE FOR PURCHASE CARD MECHANISM.—No provision of law establishing a preference for using a Government purchase card method for pur chases shall apply to purchases that are under this para graph and that are greater than $2,500. ‘‘(4) REVIEW.— ‘‘(A) REVIEW ALLOWED.—Notwithstanding subsection (f), section 1491 of title 28, United States Code, and section 3556 of title 31 of such Code, review of a contracting agency decision relating to a procurement described in paragraph (1) may be had only by filing a protest— ‘‘(i) with a contracting agency; or ‘‘(ii) with the Comptroller General under sub chapter V of chapter 35 of title 31, United States Code. ‘‘(B) OVERRIDE OF STAY OF CONTRACT AWARD OR PERFORMANCE COMMITTED TO AGENCY DISCRETION.—Not withstanding section 1491 of title 28, United States Code, and section 3553 of title 31 of such Code, the following authorizations by the head of a procuring activity are com mitted to agency discretion: ‘‘(i) An authorization under section 3553(c)(2) of title 31, United States Code, to award a contract for a procurement described in paragraph (1) of this sub section. ‘‘(ii) An authorization under section 3553(d)(3)(C) of such title to perform a contract for a procurement described in paragraph (1) of this subsection. ‘‘(c) AUTHORITY TO EXPEDITE PEER REVIEW.— ‘‘(1) IN GENERAL.—The Secretary may, as the Secretary determines necessary to respond to pressing qualified counter measure research and development needs under this section, employ such expedited peer review procedures (including con sultation with appropriate scientific experts) as the Secretary, in consultation with the Director of NIH, deems appropriate to obtain assessment of scientific and technical merit and likely contribution to the field of qualified countermeasure research, in place of the peer review and advisory council review proce dures that would be required under sections 301(a)(3),

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