41 U.S.C. § 427 : US Code - Section 427: Simplified acquisition procedures

Search 41 U.S.C. § 427 : US Code - Section 427: Simplified acquisition procedures

(a) Requirement
In order to promote efficiency and economy in contracting and to
avoid unnecessary burdens for agencies and contractors, the Federal
Acquisition Regulation shall provide for -
(1) special simplified procedures for purchases of property and
services for amounts not greater than the simplified acquisition
threshold; and
(2) special simplified procedures for purchases of property and
services for amounts greater than the simplified acquisition
threshold but not greater than $5,000,000 with respect to which
the contracting officer reasonably expects, based on the nature
of the property or services sought and on market research, that
offers will include only commercial items.
(b) Prohibition on dividing purchases
A proposed purchase or contract for an amount above the
simplified acquisition threshold may not be divided into several
purchases or contracts for lesser amounts in order to use the
simplified acquisition procedures required by subsection (a) of
this section.
(c) Promotion of competition required
In using simplified acquisition procedures, the head of an
executive agency shall promote competition to the maximum extent
practicable.
(d) Consideration of offers timely received
The simplified acquisition procedures contained in the Federal
Acquisition Regulation shall include a requirement that a
contracting officer consider each responsive offer timely received
from an eligible offeror.
(e) Interim reporting rule
Until October 1, 2004, procuring activities shall continue to
report under section 417(d) of this title procurement awards with a
dollar value of at least $25,000, but less than $100,000, in
conformity with the procedures for the reporting of a contract
award greater than $25,000 that were in effect on October 1, 1992.
(f) Special rules for commercial items
The Federal Acquisition Regulation shall provide that, in the
case of a purchase of commercial items using special simplified
procedures, an executive agency -
(1) shall publish a notice in accordance with section 416 of
this title and, as provided in subsection (b)(4) of such section,
permit all responsible sources to submit a bid, proposal, or
quotation (as appropriate) which shall be considered by the
agency;
(2) may not conduct the purchase on a sole source basis unless
the need to do so is justified in writing and approved in
accordance with section 2304 of title 10 or section 253 of this
title, as applicable; and
(3) shall include in the contract file a written description of
the procedures used in awarding the contract and the number of
offers received.