Page:United States Statutes at Large Volume 122.djvu/4570

 12 2 STA T .45 4 7PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8SEC.863 . R E QUI RE M E NT S FO R P URC HA SE OF PROPERT Y AN D SER V- ICES PURSUANT TO MU L TIPLE A W ARD CONTRACTS. (a)REGULATIONS RE Q UI R E D.—Notl at er t h a n one y ear a f ter the d ate of the ena c t m ent of th isA ct , the F ederal Ac qu isition Re g ulation shall b e amended to require enhanced com p etition in the purchase of property and ser v ices by all e x ecutive agencies pursuant to multiple a w ard contracts. (b) C ONTENT O F REGULATIONS.— ( 1 ) I N GENERAL.— T he regulations required by subsection (a) shall provide, at a minimum, that each individual purchase of property or services in excess of the simplified acquisition threshold that is made under a multiple award contract shall be made on a competitive basis unless a contracting officer— (A) waives the requirement on the basis of a determina - tion that— (i) one of the circumstances described in para- graphs (1) through ( 4 ) of section 30 3 J (b) of the Federal P roperty and Administrative S ervices Act of 1 9 49 (41 U .S.C. 25 3 j (b)) or section 2304c(b) of title 10, United States Code, applies to such individual purchase or (ii) a law expressly authori z es or requires that the purchase be made from a specified source; and ( B ) justifies the determination in writing. (2) CO MP ETITI V E B ASIS PRO C EDURES.—For purposes of this subsection, an individual purchase of property or services is made on a competitive basis only if it is made pursuant to procedures that— (A) except as provided in paragraph (3), require fair notice of the intent to ma k e that purchase (including a description of the work to be performed and the basis on which the selection will be made) to be provided to all contractors offering such property or services under the multiple award contract; and (B) afford all contractors responding to the notice a fair opportunity to make an offer and have that offer fairly considered by the official making the purchase. (3) EX CEPTION TO NOTICE REQUIREMENT.— (A) IN GENERAL.—Notwithstanding paragraph (2), and subject to subparagraph (B), notice may be provided to fewer than all contractors offering such property or services under a multiple award contract as described in subsection (d)(2)(A) if notice is provided to as many contractors as practicable. (B) L IMITATION ON EXCEPTION.—A purchase may not be made pursuant to a notice that is provided to fewer than all contractors under subparagraph (A) unless— (i) offers were received from at least 3 qualified contractors; or (ii) a contracting officer of the executive agency determines in writing that no additional qualified con- tractors were able to be identified despite reasonable efforts to do so. (c) PUBLIC NOTICE REQUIREMENTS RELATED TO SOLE SOURCE TAS K OR D ELIVER YO RDERS.— Deadlin e .

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