SEC. 863. REQUIREMENTS FOR PURCHASE OF
PROPERTY AND SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS.
(a) Regulations Required- Not later than one year after the date
of the enactment of this Act, the Federal Acquisition Regulation
shall be amended to require enhanced competition in the purchase
of property and services by all executive agencies pursuant to
multiple award contracts.
(b) Content of Regulations-
(1) IN
GENERAL- The regulations required by subsection (a) shall
provide, at a minimum, that each individual purchase of
property or services in excess of the simplified acquisition
threshold that is made under a multiple award contract shall
be made on a competitive basis unless a contracting officer--
(A)
waives the requirement on the basis of a determination
that--
(i)
one of the circumstances described in paragraphs (1)
through (4) of section 303J(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253j(b)) or
section 2304c(b) of title 10, United States Code, applies
to such individual purchase; or
(ii) a law expressly authorizes or requires that the
purchase be made from a specified source; and
(B)
justifies the determination in writing.
(2)
COMPETITIVE BASIS PROCEDURES- For purposes of this subsection,
an individual purchase of property or services is made on a
competitive basis only if it is made pursuant to procedures
that--
(A)
except as provided in paragraph (3), require fair notice of
the intent to make that purchase (including a description of
the work to be performed and the basis on which the
selection will be made) to be provided to all contractors
offering such property or services under the multiple award
contract; and
(B) afford all contractors responding to the notice a fair
opportunity to make an offer and have that offer fairly
considered by the official making the purchase.
(3)
EXCEPTION TO NOTICE REQUIREMENT-
(A)
IN GENERAL- Notwithstanding paragraph (2), and subject to
subparagraph (B), notice may be provided to fewer than all
contractors offering such property or services under a
multiple award contract as described in subsection (d)(2)(A)
if notice is provided to as many contractors as practicable.
(B) LIMITATION ON EXCEPTION- A purchase may not be made
pursuant to a notice that is provided to fewer than all
contractors under subparagraph (A) unless--
(i)
offers were received from at least 3 qualified
contractors; or
(ii) a contracting officer of the executive agency
determines in writing that no additional qualified
contractors were able to be identified despite reasonable
efforts to do so.
(c)
Public Notice Requirements Related to Sole Source Task or
Delivery Orders-
(1)
PUBLIC NOTICE REQUIRED- Not later than one year after the date
of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to require the head of each
executive agency to--
(A)
publish on FedBizOpps notice of all sole source task or
delivery orders in excess of the simplified acquisition
threshold that are placed against multiple award contracts
not later than 14 days after such orders are placed, except
in the event of extraordinary circumstances or classified
orders; and
(B) disclose the determination required by subsection (b)(1)
related to sole source task or delivery orders in excess of
the simplified acquisition threshold placed against multiple
award contracts through the same mechanism and to the same
extent as the disclosure of documents containing a
justification and approval required by section 2304(f)(1) of
title 10, United States Code, and section 303(f)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(f)(1)), except in the event of extraordinary
circumstances or classified orders.
(2)
EXEMPTION- This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States
Code.
(d)
Definitions- In this section:
(1)
The term `executive agency' has the meaning given such term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
(2) The term `individual purchase' means a task order,
delivery order, or other purchase.
(3) The term `multiple award contract' means--
(A)
a contract that is entered into by the Administrator of
General Services under the multiple award schedule program
referred to in section 2302(2)(C) of title 10, United States
Code;
(B) a multiple award task order contract that is entered
into under the authority of sections 2304a through 2304d of
title 10, United States Code, or sections 303H through 303K
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253h through 253k); and
(C) any other indefinite delivery, indefinite quantity
contract that is entered into by the head of an executive
agency with 2 or more sources pursuant to the same
solicitation.
(4)
The term `sole source task or delivery order' means any order
that does not follow the competitive procedures in subsection
(b)(2) or (b)(3).
(e)
Applicability- The regulations required by subsection (a) shall
apply to all individual purchases of property or services that
are made under multiple award contracts on or after the
effective date of such regulations, without regard to whether
the multiple award contracts were entered into before, on, or
after such effective date.
(f) Repeal of Redundant Provision- Section 803 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 10 U.S.C. 2304 note) is repealed.
|
Enhanced competition on multiple award
contracts. Section 863 gives all contractors under a multiple
award contract a fair opportunity to bid for work under the
contract. |
