Page:United States Statutes at Large Volume 123.djvu/2425

 123STA T . 2 405PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(b)REQUIR E M E NTS.—Notla t er t h a n60d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of D efense shall— ( 1 ) ens u re that each contract or tas k or deli v ery order entered into for the construction, installation, re p air, mainte - nance, or operation of facilities for use by military or civilian personnel of the Department complies w ith the policy estab- lished in subsection (a) ( 2 ) ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the ma x imum extent practicable; ( 3 ) define the term ‘ ‘ g enerally accepted standards ’ ’ with respect to fire protection, structural integrity, electrical sys- tems, plumbing, water treatment, waste disposal, and tele- communications networks for the purposes of this section; and ( 4 ) provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the re q uirements of military operations and the best interests of the Department of Defense. Subti t leB—Am e nd ment s t oG ene ra l C on - tra c tin g Aut h orities ,P rocedures, and L imitation SEC.81 1. JU S TIF IC A TI ON AN D A P P R O V A L OF SOLE - SOURCE CON- TRACTS. (a) I N G ENER AL .—Not later than 1 8 0 days after the date of the enactment of this Act, the F ederal Acquisition Regulation shall be revised to provide that the head of an agency may not award a sole-source contract in a covered procurement for an amount exceeding $ 20,000,000 unless— (1) the contracting officer for the contract j ustifies the use of a sole-source contract in writing; (2) the justification is approved by the appropriate official designated to approve contract awards for dollar amounts that are comparable to the amount of the sole-source contract; and (3) the justification and related information are made public as provided in sections 2304(f)(1)( C ) and 2304(l) of title 10, U nited States Code, or sections 303(f)(1)(C) and 303(j) of the Federal P roperty and Administrative Services Act of 1 9 49 (41 U.S.C. 2 5 3(f)(1)(C) and 253(j)), as applicable. (b) E LEMENTS OFJ USTIFI C ATION.— T he justification of a sole- source contract required pursuant to subsection (a) shall include the following (1) A description of the needs of the agency concerned for the matters covered by the contract. (2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract. (3) A determination that the use of a sole-source contract is in the best interest of the agency concerned. (4) A determination that the anticipated cost of the contract will be fair and reasonable. (5) Such other matters as the head of the agency concerned shall specify for purposes of this section. (c) DEFINITIONS.—In this section: Deadlin e .41USC 4 2 1n ot e. Deadline.