41 U.S.C. § 1712 — Record requirements
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 281 words · no verdicts yet
Each executive agency must keep a five-year computer record of certain procurements and include specified information about each one. One-bid or one-proposal procurements using competitive procedures must be separately categorized, and agencies must ensure accuracy and send the information to the Federal Procurement Data System.
(a) Maintaining records on computer. Each executive agency must establish and keep, for five years, a computer file organized by fiscal year. The file must contain unclassified records of all procurements above the simplified acquisition threshold for that fiscal year.
(b) Contents. For each procurement using:
(1) competitive procedures, the record must include:
(A) the contract-award date;
(B) information identifying the source awarded the contract;
(C) the property or services the Federal Government obtains; and
(D) the procurement’s total cost; or
(2) procedures other than competitive procedures, the record must include:
(A) the information in paragraph (1);
(B) the reason under section 3304(a) of this title or section 3204(a) of title 10 for using those procedures; and
(C) the organization or activity that conducted the procurement.
(c) Separate record category for procurements resulting in one bid or proposal. Information under subsection (b)(1) about a procurement for which only one responsible source submitted a bid or proposal must be categorized separately from other procurement information in the record. That information’s record must be labeled “noncompetitive procurements using competitive procedures.”
(d) Transmission and data entry of information. The head of each executive agency must:
(1) ensure that information in the agency’s subsection (a) record is accurate; and
(2) send the information promptly to the General Services Administration for entry into the Federal Procurement Data System described in section 1122(a)(4) of this title, or a successor system.
Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year.
The record established under subsection (a) shall include, with respect to each procurement carried out using—
competitive procedures—
the date of contract award;
information identifying the source to whom the contract was awarded;
the property or services the Federal Government obtains under the procurement; and
the total cost of the procurement; or
procedures other than competitive procedures—
the information described in paragraph (1);
the reason under section 3304(a) of this title or section 3204(a) of title 10 for using the procedures; and
the identity of the organization or activity that conducted the procurement.
Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”.
The head of each executive agency shall—
ensure the accuracy of the information included in the record established and maintained by the agency under subsection (a); and
transmit in a timely manner such information to the General Services Administration for entry into the Federal Procurement Data System referred to in section 1122(a)(4) of this title, or any successor system.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3718; Pub. L. 117–81, div. A, title XVII, § 1702(h)(5), Dec. 27, 2021, 135 Stat. 2158.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3718
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2158
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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