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TABLE OF SECTIONS OF TITLE III OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949

fiscal years.

TITLE III—PROCUREMENT PROCEDURE Sec. 301. [41 U.S.C. 251] Declaration of purpose. Sec. 302. [41 U.S.C. 252] Application and procurement methods. Sec. 302A. [41 U.S.C. 252a] Simplified acquisition threshold. Sec. 302B. (41 U.S.C. 252b) Implementation of simplified acquisition procedures. Sec. 302C. [41 U.S.C. 252c] Implementation of facnet capability. Sec. 303. (41 U.S.C. 253] Competition requirements. Sec. 303A. (41 U.S.C. 253a] Planning and solicitation requirements. Sec. 303B. [41 U.S.C. 253b] Evaluation and award. Sec. 303C. [41 U.S.C. 253c] Encouragement of new competition. Sec. 303D. [41 U.S.C. 253d] Validation of proprietary data restrictions. [Sec. 303E. Repealed.] Sec. 303F. [41 U.S.C. 253f] Economic order quantities. Sec. 303G. [41 U.S.C. 253g] Prohibition of contractors limiting subcontractor

sales directly to the United States. Sec. 303H. [41 U.S.C. 253h) Task and delivery order contracts: general author

ity. Sec. 3031. [41 U.S.C. 253i] Task order contracts: advisory and assistance serv

ices. Sec. 303J. [41 U.S.C. 253j] Task and delivery order contracts: orders. Sec. 303K [41 U.S.C. 253k] Task and delivery order contracts: definitions. Sec. 303L. [41 U.S.C. 2531] Severable services contracts for periods crossing Sec. 303M. (41 U.S.C. 253m] Design-build selection procedures. Sec. 304. [41 U.S.C. 254] Contract requirements. Sec. 304A. [41 U.S.C. 254b] Cost or pricing data: truth in negotiations. Sec. 304B. [41 U.S.C. 254c] Multiyear contracts. Sec. 304C. [41 U.S.C. 254d] Examination of records of contractor. Sec. 305. [41 U.S.C. 255] Contract financing. Sec. 306. (41 U.S.C. 256] Allowable costs. Sec. 307. [41 U.S.C. 257] Administrative determinations and delegations. [Sec. 308. Repealed.] Sec. 309. [41 U.S.C. 259] Definitions. Sec. 310. [41 U.S.C. 260] Statutes not applicable. Sec. 311. [41 U.S.C. 261] Assignment and delegation of procurement functions

and responsibilities. Sec. 312. (41 U.S.C. 262] Determinations and decisions. Sec. 313. [41 U.S.C. 263] Performance based management: acquisition pro

grams. Sec. 314. (41 U.S.C. 264] Relationship of commercial item provisions to other

provisions of law. Sec. 314A. [41 U.S.C. 264a] Definitions relating to procurement of commercial

items. Sec. 314B. [41 U.S.C. 264b] Preference for acquisition of commercial items. Sec. 315. [41 U.S.C. 265] Contractor employees: protection from reprisal for

disclosure of certain information. Sec. 316. [41 U.S.C. 266] Merit-based award of grants for research and devel

opment. Sec. 317. (41 U.S.C. 266a] Share-in-savings contracts.

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TITLE III OF THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1949 1

TITLE III-PROCUREMENT PROCEDURE 2

SEC. 301. (41 U.S.C. 251) DECLARATION OF PURPOSE.

The purpose of this title is to facilitate the procurement of property and services. SEC. 302. [41 U.S.C. 252) APPLICATION AND PROCUREMENT METHODS.

(a) Executive agencies shall make purchases and contracts for property and services in accordance with the provisions of this title and implementing regulations of the Administrator; but this title does not apply

(1) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or

(2) when this chapter is made inapplicable pursuant to section 602(d) of this Act or any other law, but when this title is made inapplicable by any such provision of law sections 3709 and 3710 of the Revised Statutes, as amended, shall be applicable in the absence of authority conferred by statute to procure without advertising or without regard to said section 3709.

(b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for property and services for the Government shall be placed with small-business concerns.

(c)(1) This title does not (A) authorize the erection, repair, or furnishing of any public building or public improvement, but such authorization shall be required in the same manner as heretofore, or (B) permit any contract for the construction or repair of buildings, roads, sidewalks, sewers, mains, or similar items using procedures other than sealed-bid procedures under section 303(a)(2)(A), if the conditions set forth in section 303(a)(2)(A) apply or the contract is to be performed outside the United States.

(2) Section 303(a)(2)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) of title 23, United States Code, applies. SEC. 302A. (41 U.S.C. 252a) SIMPLIFIED ACQUISITION THRESHOLD.

(a) SIMPLIFIED ACQUISITION THRESHOLD.—For purposes of acquisitions by executive agencies, the simplified acquisition threshold is as specified in section 4(11) of the Office of Federal Procurement Policy Act.

1 Provisions of the Federal Property and Administrative Services Act of 1949 other than title III were revised, codified, and enacted without substantive change as part of title 40, United States Code, by Public Law 107–217. See selected provisions of title 40, U.S.C., set forth beginning on page 849.

2 Similar provisions of law applicable to defense procurement are found in chapter 137 of title 10, United States Code, set forth beginning on page 84.

(b) INAPPLICABLE LAWS.—No law properly listed in the Federal Acquisition Regulation pursuant to section 33 of the Office of Federal Procurement Policy Act shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold. SEC. 302B. (41 U.S.C. 252b) IMPLEMENTATION OF SIMPLIFIED ACQUISI.

TION PROCEDURES. The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 31 of the Office of Federal Procurement Policy Act shall apply in executive agencies as provided in such section. SEC. 302C. (41 U.S.C. 252c) IMPLEMENTATION OF FACNET CAPABILITY.

(a) IMPLEMENTATION OF FACNET CAPABILITY.-(1) The head of each executive agency shall implement the Federal acquisition computer network (“FACNET") capability required by section 30 of the Office of Federal Procurement Policy Act.

(2) In implementing the FACNET capability pursuant to paragraph (1), the head of an executive agency shall consult with the Administrator for Federal Procurement Policy.

(b) DESIGNATION OF AGENCY OFFICIAL.- The head of each executive agency shall designate a program manager to have responsibility for implementation of FACNET capability for that agency and otherwise to implement this section. Such program manager shall report directly to the senior procurement executive designated for the executive agency under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)). SEC. 303. [41 U.S.C. 253] COMPETITION REQUIREMENTS.

(a)(1) Except as provided in subsections (b), (c), and (g) and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services,

(A) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this title and the Federal Acquisition Regulation; and

(B) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.

(2) In determining the competitive procedures appropriate under the circumstances, an executive agency

(A) shall solicit sealed bids if

(i) time permits the solicitation, submission, and evaluation of sealed bids;

(ii) the award will be made on the basis of price and other price-related factors;

(iii) it is not necessary to conduct discussions with the responding sources about their bids; and

(iv) there is a reasonable expectation of receiving more than one sealed bid; and

(B) shall request competitive proposals if sealed bids are not appropriate under clause (A).

(b)(1) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures but excluding a particular source in order to establish or maintain any alternative source or sources of supply for that property or service if the agency head determines that to do som

(A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of such property or services;

(B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;

(C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;

(D) would ensure the continuous availability of a reliable source of supply of such property or service;

(E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or

(F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.

(2) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures, but excluding other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 639; 644).

(3) A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by subsection (f)(1).

(4) A determination under paragraph (1) may not be made for a class of purchases or contracts.

(c) An executive agency may use procedures other than competitive procedures only when

(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;

(2) the executive agency's need for the property or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;

(3) it is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization, (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or

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