Page:United States Statutes at Large Volume 98 Part 1.djvu/1223

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1175

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to articles containing distilled spirits brought into the United States after September 30, 1985.

TITLE VII—COMPETITION IN CONTRACTING

26 USC 7652 note.

Competition in Contracting Act of 1984.

SHORT TITLE

SEC. 2701. This title may be cited as the "Competition in Contract- 41 USC 251 note. ing Act of 1984".

Subtitle A—Amendments to the Federal Property and Administrative Services Act of 1949 PROCUREMENT PROCEDURES

SEC. 2711. (a)(1) Section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) is amended to read as follows: "COMPETITION REQUIREMENTS

"SEC. 303. (a)(1) Except as provided in subsections (b), (c), and (g) and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services— "(A) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this title and the modifications to regulations promulgated pursuant to section 2752 of the Competition in Contracting Act of 1984; and Post, p. 1203. "(B) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement. "(2) In determining the competitive procedures appropriate under the circumstance, an executive agency— "(A) shall solicit sealed bids if— "(i) time permits the solicitation, submission, and evaluation of sealed bids; "(ii) the award will be made on the basis of price and other price-related factors; "(iii) it is not necessary to conduct discussions with the responding sources about their bids; and "(iv) there is a reasonable expectation of receiving more than one sealed bid; and "(B) shall request competitive proposals if sealed bids are not appropriate under clause (A). "(b)(1) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures but excluding a particular source in order to establish or maintain any alternative source or sources of supply for that property or service if the agency head determines that to do so— "(A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of such property or services;

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