Page:United States Statutes at Large Volume 98 Part 3.djvu/712

 98 STAT. 3084

Armed Forces. Government organization and employees.

97 Stat. 1330.

97 Stat. 1326. Ante, p. 1195. Effective date. 15 USC 637 note. Tennessee Valley Authority. 15 USC 637 note.

PUBLIC LAW 98-577—OCT. 30, 1984

"(3) The requirements of subsection (a)(l)(A) shall not apply in the case of any procurement for which the head of the executive agency makes a determination in writing, after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Smsill Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation. "(h)(l) An executive agency may not award a contract using procedures other than competitive procedures unless— "(A) except as provided in paragraph (2), a written justification for the use of such procedures has been approved— "(i) in the case of a contract for an amount exceeding $100,000 (but equal to or less than $1,000,000), by the advocate for competition for the procuring activity (without further delegation); "(ii) in the case of a contract for an amount exceeding $1,000,000 (but equal to or less than $10,000,000), by the head of the procuring activity or a delegate who, if a member of the Armed Forces, is a general or flag officer, or, if a civilian, is serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule); or "(iii) in the case of a contract for an amount exceeding $10,000,000, by the senior procurement executive of the agency designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) (without further delegation); and "(B) all other requirements applicable to the use of such procedures under title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or chapter 137 of title 10, United States Code, as appropriate, have been satisfied. "(2) The same exceptions as are provided in section 303(fK2) of the Federal Property and Administration Services Act of 1949 (41 U.S.C. 253(fK2)) or section 2304(f)(2) of title 10, United States Code, shall apply with respect to the requirements of paragraph (1)(A) of this subsection in the same manner as such exceptions apply to the requirements of section 303(fKl) of such Act or section 2304(f)(1) of such title, as appropriate. "(i) An executive agency shall make available to any business concern, or the authorized representative of such concern, the complete solicitation package for any on-going procurement announced pursuant to a notice under subsection (e). An executive agency may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of such package. "(j) For purposes of this section, the term 'executive agency' has the meaning provided such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).". (b) The amendment made by subsection (a) shall take effect with respect to any solicitation for bids or proposals issued after March 31, 1985. (c) The provisions of the amendment made by subsection (a) of this section shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds.

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