Page:United States Statutes at Large Volume 112 Part 2.djvu/731

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PUBLIC LAW 105-244 —OCT. 7, 1998 112 STAT. 1615 Procurement Policy, shall issue guidance for the use by PBO personnel of the authority provided in this section. "(2) GUIDANCE FROM OFPP. —AS pstrt of the consultation required under paragraph (1), the Administrator for Federal Procurement Policy shall provide the PBO with guidance that is designed to ensure, to the maximum extent practicable, that the authority under this section is exercised by the PBO in a manner that is consistent with the exercise of the authority by the heads of the other performance-based organizations. "(3) COMPLIANCE WITH OFPP GUIDANCE. — The head of the PBO shall ensure that the procurements of the PBO under this section are carried out in a manner that is consistent with the guidance provided for the PBO under paragraph (2). "( j) LIMITATION ON MULTIAGENCY CONTRACTING. —No department or agency of the Federal Government may purchase property or services under contracts entered into or administered by a PBO under this section unless the purchase is approved in advance by the senior procurement official of that department or agency who is responsible for purchasing by the department or agency, "(k) LAWS NOT AFFECTED.— Nothing in this section shall be construed to waive laws for the enforcement of civil rights or for the establishment and enforcement of labor standards that are applicable to contracts of the Federal Government. "(1) DEFINITIONS. —In this section: "(1) COMMERCIAL ITEM.—The term 'commercial item' has the meaning given the term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). "(2) COMPETITIVE PROCEDURES.— The term 'competitive procedures' has the meaning given the term in section 309(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(b)). "(3) SOLE-SOURCE BASIS.— The term 'sole-source basis', with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only that source. "(4) SPECIAL RULES FOR COMMERCIAL iTEMS.The term 'special rules for commercial items' means the regulations set forth in the Federal Acquisition Regulation pursuant to section 303(g)(l) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(l)) and section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427). "(5) SPECIAL SIMPLIFIED PROCEDURISS.— The term 'special simplified procedures' means the procedures applicable to purchases of property and services for amounts not greater than the simplified acquisition threshold that are set forth in the Federal Acquisition Regulation pursuant to section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(l)(A)) and section 31(a)(l) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(l)). 'SEC. 143. ADMINISTRATIVE SIMPLIFICATION OF STUDENT AID DELIV- 20 USC 1018b. ERY. "(a) IN GENERAL. —In order to improve the efficiency and effectiveness of the student aid delivery system, the Secretary and the Chief Operating Officer shall encourage and participate in the establishment of voluntary consensus standards and requirements