Page:United States Statutes at Large Volume 98 Part 1.djvu/1238

 98 STAT. 1190

Post, p. 1196.

5 USC 552.

Post, p. 1203.

PUBLIC LAW 98-369—JULY 18, 1984

"(C) any required notice has been published with respect to such contract pursuant to section 18 of the Office of'Federal Procurement Policy Act and all bids or proposals received in response to that notice have been considered by the head of the agency. "(2) In the case of a procurement permitted by subsection (c)(2), the justification and approval required by paragraph (1) may be made after the contract is awarded. The justification and approval required by paragraph (1) is not required in the case of a procurement permitted by subsection (c)(7) or in the case of a procurement conducted under the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act. "(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 any barrier to competition before a subsequent procurement for such needs. "(4) The justification required by paragraph (I)(A) and any related information shall be made available for inspection by the public consistent with the provisions of section 552 of title 5. "(5) In no case may the head of an 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 gunount of funds available to the agency for procurement functions; or "(B) procure property or services from another agency unless such other agency complies fully with the requirements of this chapter in its procurement of such property or services. The restriction contained 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 chapter, 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, the head of an agency shall promote competition to the maximum extent practicable.". (2) The heading of such section is amended to read as follows:

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