41 U.S.C. § 3305 — Simplified procedures for small purchases
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 255 words · no verdicts yet
The Federal Acquisition Regulation must provide special simplified purchasing procedures for purchases at or below the simplified acquisition threshold and certain commercial purchases up to $5 million. Agencies must promote competition, may not split larger purchases to use the procedures, and must follow the specified regulation provisions.
(a) Authorization. To promote efficient and economical contracting and avoid unnecessary burdens, the Federal Acquisition Regulation must provide special simplified procedures for purchases of property and services (1) not above the simplified acquisition threshold, and (2) above that threshold but no more than $5,000,000 when the contracting officer reasonably expects, based on the property or services and market research, that all offers will be for commercial products or services.
(b) Leasehold interests. The Administrator of General Services must issue regulations with special simplified procedures for acquiring leasehold interests in real property at rental rates no higher than the simplified acquisition threshold. A multiyear lease is within the threshold when its average yearly rent for the lease period is no higher than the threshold.
(c) No dividing contracts. A purchase or contract above the threshold may not be divided into smaller purchases or contracts to use the subsection (a) procedures.
(d) Competition. When using the simplified procedures, an executive agency must promote competition as much as practicable.
(e) Regulation compliance. An executive agency must follow the Federal Acquisition Regulation provisions referred to in section 1901(e).
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 purchases of property and services for amounts—
not greater than the simplified acquisition threshold; and
greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
The Administrator of General Services shall prescribe regulations that provide special simplified procedures for acquisitions of leasehold interests in real property at rental rates that do not exceed the simplified acquisition threshold. The rental rate under a multiyear lease does not exceed the simplified acquisition threshold if the average annual amount of the rent payable for the period of the lease does not exceed the simplified acquisition threshold.
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 to use the simplified procedures required by subsection (a).
In using the simplified procedures, an executive agency shall promote competition to the maximum extent practicable.
An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of this title.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3752; Pub. L. 115–232, div. A, title VIII, § 836(b)(8), Aug. 13, 2018, 132 Stat. 1861.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3752
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1861
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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