Page:United States Statutes at Large Volume 98 Part 1.djvu/1226

 98 STAT. 1178

Post, p. 1203.

PUBLIC LAW 98-369—JULY 18, 1984

"(3) The justification required by paragraph (I)(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 demonstration, 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; "(D) a description of the market survey conducted or a statement of the reasons a market survey was not conducted; "(E) a listing of the sources, if any, that expressed in writing an interest in the procurement; and "(F) a statement of the actions, if any, the agency may take to remove or overcome a barrier to competition before a subsequent procurement for such needs. "(4) The justification required by paragraph (1)(A) and any related information shall be made available for inspection by the public consistent with the provisions of section 552 of title 5, United States Code. "(5) In no case may an executive agency— "(A) 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 of funds available to the agency for procurement functions; or "(B) procure property or services from another executive agency unless such other executive agency complies fully with the requirements of this title in its procurement of such property or services. The restriction set out in clause (B) is in addition to, and not in lieu of, any other restriction provided by law. "(g)(1) In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the regulations modified, in accordance with section 2752 of the Competition in Contracting Act of 1984 shall provide for special simplified procedures for small purchases of property and services. "(2) For the purposes of this title, a small purchase is a purchase or contract for an amount which does not exceed $25,000. "(3) A proposed purchase or contract for an amount above $25,000 may not be divided into several purchases or contracts for lesser amounts in order to use the small purchase procedures required by paragraph (1). "(4) In using small purchase procedures, an executive agency shall promote competition to the maximum extent practicable.". (2) Title III of such Act is further amended by inserting after section 303 the following new sections: "PLANNING AND SOLICITATION REQUIREMENTS

41 USC 253a.

"SEC. 303A. (a)(1) In preparing for the procurement of property or services, an executive agency shall— "(A) specify its needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; "(B) use advance procurement planning and market research; and

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