118 STAT. 850 PUBLIC LAW 108–276—JULY 21, 2004 ‘‘(I) IN GENERAL.—In using the authority pro vided in section 303(c)(1) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1)) to use procedures other than competitive procedures in the case of a procure ment under this subsection, the phrase ‘available from only one responsible source’ in such section 303(c)(1) shall be deemed to mean ‘available from only one responsible source or only from a limited number of responsible sources’. ‘‘(II) RELATION TO OTHER AUTHORITIES.—The authority under subclause (I) is in addition to any other authority to use procedures other than competitive procedures. ‘‘(III) APPLICABLE GOVERNMENT WIDE REGULA TIONS.—The Secretary shall implement this clause in accordance with government wide regulations implementing such section 303(c)(1) (including requirements that offers be solicited from as many potential sources as is practicable under the cir cumstances, that required notices be published, and that submitted offers be considered), as such regulations apply to procurements for which an agency has authority to use procedures other than competitive procedures when the property or serv ices needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. ‘‘(v) PREMIUM PROVISION IN MULTIPLE AWARD CON TRACTS.— ‘‘(I) IN GENERAL.—If, under this subsection, the Secretary enters into contracts with more than one vendor to procure a security countermeasure, such Secretary may, notwithstanding any other provision of law, include in each of such contracts a provision that— ‘‘(aa) identifies an increment of the total quantity of security countermeasure required, whether by percentage or by numbers of units; and ‘‘(bb) promises to pay one or more specified premiums based on the priority of such ven dors’ production and delivery of the increment identified under item (aa), in accordance with the terms and conditions of the contract. ‘‘(II) DETERMINATION OF GOVERNMENT’S REQUIREMENT NOT REVIEWABLE.—If the Secretary includes in each of a set of contracts a provision as described in subclause (I), such Secretary’s determination of the total quantity of security countermeasure required, and any amendment of such determination, is committed to agency discre tion.
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