Page:United States Statutes at Large Volume 98 Part 1.djvu/1235

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1187

review or scientific review (as appropriate) of such proposals; and "(C) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if— "(i) participation in the program has been open to all responsible sources; and "(ii) orders and contracts under such program result in the lowest overall cost alternative to meet the needs of the United States. "(3) The terms 'full and open competition' and 'responsible source' have the same meanings provided such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).". Post, p. 1195. (b) Section 2303 of such title is amended— lo use 2303. (1) in subsection (a)— (A) by striking out "purchase, and contract to purchase," and inserting in lieu thereof "procurement"; (B) by striking out "named in subsection (b), and all services," and inserting in lieu thereof "(other than land) and all services"; (C) by redesignating clauses (1) through (5) as clauses (2) through (6), respectively; and (D) by inserting before clause (2) (as so redesignated) the following new clause: "(1) The Department of Defense."; (2) by striking out subsection (b); and (3) by redesignating subsection (c) as subsection (b). PROCUREMENT PROCEDURES

SEC. 2723. (a)(1) Section 2304 of title 10, United States Code, is amended— (A) by striking out subsections (a) through (e) and (g), (h), and (i); (B) by redesignating subsection (f) as subsection (h); and (C) by inserting after the section heading the following: "(a)(l) Except as provided in subsections (b), (c), and (g) and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an 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 chapter 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 krocedures that is best suited under the circumstances of the procurement. "(2) In determining the competitive procedure appropriate under the circumstances, the head of an 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;

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