Page:United States Statutes at Large Volume 98 Part 1.djvu/1245

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1197

"(3) The requirements of subsection (a)(1)(A) shall not apply in the case of any procurement for which the head of the executive agency makes a determination in writing, with the concurrence of the Administrator, that it is not appropriate or reasonable to publish a notice before issuing a solicitation. "RECORD REQUIREMENTS

"SEC. 19. (a) Each executive agency shall establish and maintain 41 USC 417. for a period of five years a computer file, by fiscal year, containing unclassified records of all procurements, other than small purchases, in such fiscal year. "(b) The record established under subsection (a) shall include— "(1) with respect to each procurement carried out using competitive procedures— "(A) the date of contract award; "(B) information identifying the source to whom the contract was awarded; "(C) the property or services obtained by the Government under the procurement; and "(D) the total cost of the procurement; "(2) with respect to each procurement carried out using procedures other than competitive procedures— "(A) the information described in clauses (1)(A), (1)(B), -t(1)(C), and (1)(D); •^•'''•^^ "(B) the reason under section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. Ante, p. 1175. 253(c)) or section 2304(c) of title 10, United States Code, as Ante, p. 1187. the case may be, for the use of such procedures; and "(C) the identity of the organization or activity which conducted the procurement. "(c) The information that is included in such record pursuant to subsection (b)(1) and relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in such record. The record of such information shall be designated 'noncompetitive procurements using competitive procedures'. "(d) The information included in the record established and maintained under subsection (a) shall be transmitted to the General Services Administration and shall be entered in the Federal Procurement Data System referred to in section 6(d)(4). "ADVOCATES FOR COMPETITION

"SEC. 20. (a)(1) There is established in each executive agency an advocate for competition. "(2) The head of each executive agency shall— "(A) designate for the executive agency and for each procuring activity of the executive agency one officer or employee serving in a position authorized for such executive agency on the date of enactment of the Competition in Contracting Act of 1984 (other than the senior procurement executive designated pursuant to section 16(3)) to serve as the advocate for competition;

41 USC 418.

Ante, p. 1175. 97 Stat. 1330. 41 USC 414.

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