41 U.S.C. § 3305 — Simplified procedures for small purchases

Page 94 TITLE 41—PUBLIC CONTRACTS § 3305 § 3305. Simplified procedures for small purchases (a) AUTHORIZATION.—To promote efficiency and economy in contracting and to avoid unnec- essary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts— (1) not greater than the simplified acquisi- tion threshold; and (2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably ex- pects, 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) LEASEHOLD INTERESTS IN REAL PROPERTY.— The Administrator of General Services shall pre- scribe regulations that provide special sim- plified 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. (c) 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 to use the simplified procedures required by subsection (a). (d) PROMOTION OF COMPETITION.—In using the simplified procedures, an executive agency shall promote competition to the maximum extent practicable. (e) COMPLIANCE WITH SPECIAL REQUIREMENTS OF FEDERAL ACQUISITION REGULATION.—An exec- utive agency shall comply with the Federal Ac- quisition Regulation provisions referred to in section 1901(e) of this title. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3305 ............ 41:253(g). June 30, 1949, ch. 288, title III, § 303(g), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1178; Pub. L. 99–145, title XIII, § 1304(c)(3), Nov. 8, 1985, 99 Stat. 742; Pub. L. 101–510, title VIII, § 806(c), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103–355, title I, § 1051(2), title IV, § 4402(a), Oct. 13, 1994, 108 Stat. 3260, 3348; Pub. L. 104–106, title XLII, § 4202(b)(1), Feb. 10, 1996, 110 Stat. 653; Pub. L. 105–85, title VIII, § 850(f)(4)(B), Nov. 18, 1997, 111 Stat. 1850. Editorial Notes AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–232 substituted ‘‘com- mercial products or commercial services’’ for ‘‘com- mercial items’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 3306. Planning and solicitation requirements (a) PLANNING AND SPECIFICATIONS.— (1) PREPARING FOR PROCUREMENT.—In pre- paring for the procurement of property or services, an executive agency shall— (A) specify its needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procure- ment; (B) use advance procurement planning and market research; and (C) develop specifications in the manner necessary to obtain full and open competi- tion with due regard to the nature of the property or services to be acquired. (2) REQUIREMENTS OF SPECIFICATIONS.—Each solicitation under this division shall include specifications that— (A) consistent with this division, permit full and open competition; and (B) include restrictive provisions or condi- tions only to the extent necessary to satisfy the needs of the executive agency or as au- thorized 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 exec- utive agency and the market available to sat- isfy those needs. Subject to those needs, speci- fications may be stated in terms of— (A) function, so that a variety of products or services may qualify; (B) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or (C) design requirements. (b) CONTENTS OF SOLICITATION.—In addition to the specifications described in subsection (a), each solicitation for sealed bids or competitive proposals (other than for a procurement for commercial products or commercial services using special simplified procedures or a purchase for an amount not greater than the simplified acquisition threshold) shall at a minimum in- clude— (1) a statement of— (A) all significant factors and significant subfactors that the executive agency reason- ably expects to consider in evaluating sealed bids (including price) or competitive pro- posals (including cost or price, cost-related or price-related factors and subfactors, and noncost-related or nonprice-related factors and subfactors); and