PUBLIC LAW 108–106—NOV. 6, 2003
117 STAT. 1229
head of such executive agency of the United States shall submit not later than 7 calendar days before the award of the contract a notification to the Committees on Appropriations, and the Committees on Government Reform and International Relations of the House of Representatives, and the Committees on Governmental Affairs and Foreign Relations of the Senate. Such notification shall provide the justification for use of other than full and open competitive procedures, a brief description of the contract’s scope, the amount of the contract, a discussion of how the contracting agency identified and solicited offers from contractors, a list of the contractors solicited, and the justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination of use of procedures other than full and open competitive procedures. (c)(1) This section shall not apply to contracts of less than $5,000,000. (2) This section also shall apply to any extension, amendment or modification of contracts entered into prior to the enactment of this Act using other than full and open competitive procedures using Iraq Relief and Reconstruction Funds in this Act and under Public Law 108–11 or funds made available in prior Foreign Operations, Export Financing and Related Programs Appropriations Acts. (3) This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). SEC. 2203. (a) DISCLOSURE REQUIRED.— (1) PUBLICATION AND PUBLIC AVAILABILITY.—The Administrator of the Coalition Provisional Authority or the head of an executive agency of the United States that enters into a contract for assistance for Iraq, using funds described in paragraph (2), through the use of other than full and open competitive procedures, shall publish in the Federal Register or Federal Business Opportunities, and otherwise make available to the public, including publication on the Coalition Provisional Authority’s website, not later than 7 days before the date on which the contract is entered into, the following information: (A) The amount of the contract. (B) A brief description of the scope of the contract. (C) A discussion of how the executive agency and, when applicable, the Coalition Provisional Authority, identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. (D) The justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination to use procedures other than competitive procedures. (2) FUNDS.—The funds referred to in paragraph (1) are any funds under the heading ‘‘Iraq Relief and Reconstruction Fund’’ in this Act, and under the same heading in Public Law 108–11. (3) APPLICABILITY.— (A) This section shall also apply to any extension, amendment or modification of contracts entered into prior to the enactment of this Act using other than full and
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