10 U.S.C. § 3205 — Simplified procedures for small purchases

Page 2428 TITLE 10—ARMED FORCES § 3205 ‘‘(1) DATA TRACKING AND COLLECTION.—The Depart- ment of Defense shall track the use of the authority as modified by subsection (a) and make the data available to the Comptroller General for purposes of the report required under paragraph (2). ‘‘(2) REPORT.—Not later than March 1, 2022, the Comptroller General of the United States shall sub- mit a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the use of the authority as modified by subsection (a) through the end of fiscal year 2021. The report shall include— ‘‘(A) a review of the financial effect of the change to the justification and approval requirement in subsection (a) on the native corporations and busi- nesses and associated native communities; ‘‘(B) a description of the nature and extent of con- tracts excluded from the justification and approval requirement by subsection (a); and ‘‘(C) other matters the Comptroller General deems appropriate.’’ § 3205. Simplified procedures for small purchases (a) AUTHORIZATION.—In order to promote effi- ciency and economy in contracting and to avoid unnecessary burdens for agencies and contrac- tors, the Federal Acquisition Regulation shall provide for— (1) special simplified procedures for pur- chases of property and services for amounts not greater than the simplified acquisition threshold; and (2) special simplified procedures for pur- chases of property and services for amounts greater than the simplified acquisition thresh- old but not greater than $5,000,000 with respect to 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. (b) PROHIBITION ON DIVIDING CONTRACTS.—A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or con- tracts for lesser amounts in order to use the simplified procedures required by subsection (a). (c) PROMOTION OF COMPETITION.—In using sim- plified procedures, the head of an agency shall promote competition to the maximum extent practicable. (d) COMPLIANCE WITH SPECIAL REQUIREMENTS OF FEDERAL ACQUISITION REGULATION.—The head of an agency shall comply with the Federal Ac- quisition Regulation provisions referred to in section 1901(e) of title 41. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (9), Jan. 1, 2021, 134 Stat. 4166, 4170.) Editorial Notes CODIFICATION The text of subsec. (g) of section 2304 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(d)(9), was based on Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C), July 18, 1984, 98 Stat. 1187; Pub. L. 100–26, § 7(d)(3)(A), Apr. 21, 1987, 101 Stat. 281; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2)(A), Apr. 6, 1991, 105 Stat. 114; Pub. L. 103–355, title I, § 1001(2), title IV, § 4401(a), Oct. 13, 1994, 108 Stat. 3249, 3347; Pub. L. 104–106, div. D, title XLII, § 4202(a)(1), Feb. 10, 1996, 110 Stat. 652; Pub. L. 105–85, div. A, title VIII, § 850(f)(3)(B), Nov. 18, 1997, 111 Stat. 1850; Pub. L. 111–350, § 5(b)(12)(D), Jan. 4, 2011, 124 Stat. 3843; Pub. L. 115–232, div. A, title VIII, § 836(c)(2), Aug. 13, 2018, 132 Stat. 1864. PRIOR PROVISIONS A prior section 3205, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–600, § 1(3), Aug. 6, 1958, 72 Stat. 522; Pub. L. 85–861, § 1(60), (65), Sept. 2, 1958, 72 Stat. 1462, 1463; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069, pre- scribed authorized strength of Regular Army in com- missioned officers on active list, exclusive of certain categories, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, ef- fective Sept. 15, 1981. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1811(d)(9)(A), (C), inserted heading, struck out par. (1) designation before ‘‘In order to’’, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Former pars. (2) to (4) re- designated subsecs. (b) to (d), respectively. Pub. L. 116–283, § 1811(d)(9), redesignated subsec. (g) of section 2304 of this title as subsec. (a) of this section. Subsec. (b). Pub. L. 116–283, § 1811(d)(9)(B), (D), redes- ignated subsec. (a)(2) as (b), inserted heading, and sub- stituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. Subsec. (c). Pub. L. 116–283, § 1811(d)(9)(B), (E), redesig- nated subsec. (a)(3) as (c) and inserted heading. Subsec. (d). Pub. L. 116–283, § 1811(d)(9)(B), (F), redes- ignated subsec. (a)(4) as (d) and inserted heading. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3206. Planning and solicitation requirements (a) PLANNING AND SPECIFICATIONS.— (1) PREPARING FOR PROCUREMENT.—In pre- paring for the procurement of property or services, the head of an agency shall— (A) specify the agency’s needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; (B) use advance procurement planning and market research; and (C) develop specifications in such manner as is necessary to obtain full and open com- petition with due regard to the nature of the property or services to be acquired. (2) REQUIREMENTS OF SPECIFICATIONS.—Each solicitation under chapter 137 legacy provi- sions shall include specifications which— (A) consistent with the provisions of chap- ter 137 legacy provisions, permit full and open competition; and (B) include restrictive provisions or condi- tions only to the extent necessary to satisfy the needs of the agency or as authorized by law. (3) TYPES OF SPECIFICATIONS.—For the pur- poses of paragraphs (1) and (2), the type of specification included in a solicitation shall depend on the nature of the needs of the agen- cy and the market available to satisfy such