Page:United States Statutes at Large Volume 124.djvu/3777

 124 STAT. 3751 PUBLIC LAW 111–350—JAN. 4, 2011 (D) a description of the market survey conducted or a statement of the reasons a market survey was not con- ducted; (E) a listing of any sources that expressed in writing an interest in the procurement; and (F) a statement of any actions the agency may take to remove or overcome a barrier to competition before a subsequent procurement for those needs. (3) JUSTIFICATION ALLOWED AFTER CONTRACT AWARDED.—In the case of a procurement permitted by subsection (a)(2), the justification and approval required by paragraph (1) may be made after the contract is awarded. (4) JUSTIFICATION NOT REQUIRED.—The justification and approval required by paragraph (1) are not required if— (A) a statute expressly requires that the procurement be made from a specified source; (B) the agency’s need is for a brand-name commercial item for authorized resale; (C) the procurement is permitted by subsection (a)(7); or (D) the procurement is conducted under chapter 85 of this title or section 8(a) of the Small Business Act (15 U.S.C. 637(a)). (5) RESTRICTIONS ON EXECUTIVE AGENCIES.— (A) CONTRACTS AND PROCUREMENT OF PROPERTY OR SERV- ICES.—In no case may an executive agency— (i) enter into a contract for property or services using procedures other than competitive procedures on the basis of the lack of advance planning or concerns related to the amount available to the agency for procurement functions; or (ii) procure property or services from another execu- tive agency unless the other executive agency complies fully with the requirements of this division in its procurement of the property or services. (B) ADDITIONAL RESTRICTION.—The restriction set out in subparagraph (A)(ii) is in addition to any other restriction provided by law. (f) PUBLIC AVAILABILITY OF JUSTIFICATION AND APPROVAL REQUIRED FOR USING NONCOMPETITIVE PROCEDURES.— (1) TIME REQUIREMENT.— (A) WITHIN 14 DAYS AFTER CONTRACT AWARD.—Except as provided in subparagraph (B), in the case of a procure- ment permitted by subsection (a), the head of an executive agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (e)(1) with respect to the procurement. (B) WITHIN 30 DAYS AFTER CONTRACT AWARD.—In the case of a procurement permitted by subsection (a)(2), subparagraph (A) shall be applied by substituting ‘‘30 days’’ for ‘‘14 days’’. (2) AVAILABILITY ON WEBSITES.—The documents referred to in subparagraph (A) of paragraph (1) shall be made available on the website of the agency and through a Government-wide website selected by the Administrator. (3) EXCEPTION TO AVAILABILITY AND APPROVAL REQUIRE- MENT.—This subsection does not require the public availability