Page:United States Statutes at Large Volume 124.djvu/3746

 124 STAT. 3720 PUBLIC LAW 111–350—JAN. 4, 2011 sought and on market research, that offers will include only commercial items. (b) PROHIBITION ON DIVIDING PURCHASES.—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 to use the simplified acquisition procedures required by subsection (a). (c) PROMOTION OF COMPETITION REQUIRED.—When using sim- plified acquisition procedures, the head of an executive agency shall promote competition to the maximum extent practicable. (d) CONSIDERATION OF OFFERS TIMELY RECEIVED.—The simplified acquisition procedures contained in the Federal Acquisition Regula- tion shall include a requirement that a contracting officer consider each responsive offer timely received from an eligible offeror. (e) SPECIAL RULES FOR COMMERCIAL ITEMS.—The Federal Acquisi- tion Regulation shall provide that an executive agency using special simplified procedures to purchase commercial items— (1) shall publish a notice in accordance with section 1708 of this title and, as provided in section 1708(c)(4) of this title, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) that the agency shall consider; (2) may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with section 2304(f) of title 10 or section 3304(e) of this title, as applicable; and (3) shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received. § 1902. Procedures applicable to purchases below micro-pur- chase threshold (a) DEFINITION.—For purposes of this section, the micro-purchase threshold is $3,000. (b) COMPLIANCE WITH CERTAIN REQUIREMENTS AND NONAPPLICA- BILITY OF CERTAIN AUTHORITY.— (1) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The head of each executive agency shall ensure that procuring activities of that agency, when awarding a contract with a price exceeding the micro-purchase threshold, comply with the requirements of section 8(a) of the Small Business Act (15 U.S.C. 637(a)), section 2323 of title 10, and section 7102 of the Federal Acquisi- tion Streamlining Act of 1994 (Public Law 103–355, 15 U.S.C. 644 note). (2) NONAPPLICABILITY OF CERTAIN AUTHORITY.—The authority under part 13.106(a)(1) of the Federal Acquisition Regulation (48 C.F .R. 13.106(a)(1)), as in effect on November 18, 1993, to make purchases without securing competitive quotations does not apply to a purchase with a price exceeding the micro- purchase threshold. (c) NONAPPLICABILITY OF CERTAIN PROVISIONS.—An executive agency purchase with an anticipated value of the micro-purchase threshold or less is not subject to section 15(j) of the Small Business Act (15 U.S.C. 644(j)) and chapter 83 of this title. (d) PURCHASES WITHOUT COMPETITIVE QUOTATIONS.—A purchase not greater than $3,000 may be made without obtaining competitive quotations if an employee of an executive agency or a member of the armed forces, authorized to do so, determines that the price for the purchase is reasonable.