Page:United States Statutes at Large Volume 124.djvu/3776

 124 STAT. 3750 PUBLIC LAW 111–350—JAN. 4, 2011 (A) may not exceed the time necessary— (i) to meet the unusual and compelling requirements of the work to be performed under the contract; and (ii) for the executive agency to enter into another contract for the required goods or services through the use of competitive procedures; and (B) may not exceed one year unless the head of the executive agency entering into the contract determines that exceptional circumstances apply. (2) APPLICABILITY OF ALLOWABLE CONTRACT PERIOD.—This subsection applies to any contract in an amount greater than the simplified acquisition threshold. (d) OFFER REQUESTS TO POTENTIAL SOURCES.—An executive agency using procedures other than competitive procedures to pro- cure property or services by reason of the application of paragraph (2) or (6) of subsection (a) shall request offers from as many potential sources as is practicable under the circumstances. (e) JUSTIFICATION FOR USE OF NONCOMPETITIVE PROCEDURES.— (1) PREREQUISITES FOR AWARDING CONTRACT.—Except as pro- vided in paragraphs (3) and (4), an executive agency may not award a contract using procedures other than competitive procedures unless— (A) the contracting officer for the contract justifies the use of those procedures in writing and certifies the accuracy and completeness of the justification; (B) the justification is approved, in the case of a contract for an amount— (i) exceeding $500,000 but equal to or less than $10,000,000, by the advocate for competition for the procuring activity (without further delegation) or by an official referred to in clause (ii) or (iii); (ii) exceeding $10,000,000 but equal to or less than $50,000,000, by the head of the procuring activity or by a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in which the individual is entitled to receive the daily equivalent of the maximum annual rate of basic pay payable for level IV of the Executive Schedule (or in a comparable or higher position under another schedule); or (iii) exceeding $50,000,000, by the senior procure- ment executive of the agency designated pursuant to section 1702(c) of this title (without further delegation); and (C) any required notice has been published with respect to the contract pursuant to section 1708 of this title and the executive agency has considered all bids or proposals received in response to that notice. (2) ELEMENTS OF JUSTIFICATION.—The justification required by paragraph (1)(A) shall include— (A) a description of the agency’s needs; (B) an identification of the statutory exception from the requirement to use competitive procedures and a dem- onstration, based on the proposed contractor’s qualifications or the nature of the procurement, of the reasons for using that exception; (C) a determination that the anticipated cost will be fair and reasonable;