Page:United States Statutes at Large Volume 108 Part 4.djvu/709

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3343 "SEC. 31. SIMPLIFIED ACQUISITION PROCEDURES. 41 USC 427. "(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 special simplified procedures for contracts for acquisition of property and services that are not greater than the simplified acquisition threshold. "(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). "(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) SPECIAL RULES FOR USE OF SIMPLIFIED ACQUISITION PROCE- DURES.— "(1) EFFECT OF INTERIM FACNET C LABILITY.—The simplified acquisition procedures provided in the Federal Acquisition Regulation pursuant to this section may not be used by a procuring activity of an agency for contracts in amounts greater than $50,000 and not greater than the simplified acquisition threshold until a certification has been made pursuant to section 30A(a)(l) that the procuring activity has implemented an interim FACNET capability. " (2) EFFECT OF FULL FACNET CAPABILITY. —(A)(i) In the case of a procuring activity described in clause (ii), the simplified acquisition procedures provided in the Federal Acquisition Regulation pursuant to this section may be used by the activity for contracts in amounts greater than $50,000 and not greater than the simplified acquisition threshold, "(ii) Clause (i) applies to any procuring activity— "(I) that has not certified, pursuant to section 30A(a)(l), that it has implemented interim FACNET capability; and "(II) that is in an agency that has excluded the procuring activity from the agency's full FACNET certification under section 30A(a)(2) on the basis that implementation of full FACNET capability would not be cost effective or practicable in that activity. "(B) The simplified acquisition procedures provided in the Federal Acquisition Regulation pursuant to this section may not be used by an agency afl;er December 31, 1999, for contracts in amounts greater than $50,000 and not greater than the simplified acquisition threshold until a certification has been I made pursuant to section 30A(a)(2) that the agency has implemented a full FACNET capabiHty. "(f) INTERIM REPORTING RULE. —Until October 1, 1999, procuring activities shall continue to report under section 19(d) 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.".