Page:United States Statutes at Large Volume 124.djvu/3768

 124 STAT. 3742 PUBLIC LAW 111–350—JAN. 4, 2011 (A) IN GENERAL.—Before awarding a contract or grant in excess of the simplified acquisition threshold under sec- tion 134 of this title, the Federal agency official responsible for awarding the contract or grant shall review the data- base and consider all information in the database with regard to any offer or proposal, and in the case of a contract, shall consider other past performance information available with respect to the offeror in making any responsibility determination or past performance evaluation for the offeror. (B) DOCUMENTATION IN CONTRACT FILE.—The contract file for each contract of a Federal agency in excess of the simplified acquisition threshold shall document the manner in which the material in the database was consid- ered in any responsibility determination or past perform- ance evaluation. (f) DISCLOSURE IN APPLICATIONS.—The Federal Acquisition Regu- lation shall require that persons with Federal agency contracts and grants valued in total greater than $10,000,000 shall— (1) submit to the Administrator of General Services, in a manner determined appropriate by the Administrator of Gen- eral Services, the information subject to inclusion in the data- base as listed in subsection (c) current as of the date of sub- mittal of the information under this subsection; and (2) update the information submitted under paragraph (1) on a semiannual basis. (g) RULEMAKING.—The Administrator of General Services shall prescribe regulations that may be necessary to carry out this sec- tion. DIVISION C—PROCUREMENT CHAPTER 31—GENERAL Sec. 3101. Applicability. 3102. Delegation and assignment of powers, functions, and responsibilities. 3103. Acquisition programs. 3104. Small business concerns. 3105. New contracts and grants and merit-based selection procedures. 3106. Erection, repair, or furnishing of public buildings and improvements not au- thorized, and certain contracts not permitted, by this division. § 3101. Applicability (a) IN GENERAL.—An executive agency shall make purchases and contracts for property and services in accordance with this division and implementing regulations of the Administrator of General Serv- ices. (b) SIMPLIFIED ACQUISITION THRESHOLD AND PROCEDURES.— (1) SIMPLIFIED ACQUISITION THRESHOLD.— (A) DEFINITION.—For purposes of an acquisition by an executive agency, the simplified acquisition threshold is as specified in section 134 of this title. (B) INAPPLICABLE LAWS.—A law properly listed in the Federal Acquisition Regulation pursuant to section 1905 of this title does not apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold. (2) SIMPLIFIED ACQUISITION PROCEDURES.—Simplified acquisi- tion procedures contained in the Federal Acquisition Regulation