PROCEDURES FOR PURCHASES BELOW MICRO-PURCHASE THRESHOLD.

SEC. 4301. PROCEDURES FOR PURCHASES BELOW MICRO-PURCHASE THRESHOLD. (a) Procedures.— The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding after section 31, as added by section 4201, the following new section: “SEC. 32. PROCEDURES APPLICABLE TO PURCHASES BELOW MICRO-PURCHASE THRESHOLD. “(a) Requirements.— (1) The head of each executive agency shall ensure that procuring activities of that agency, in awarding a contract with, a price exceeding the micro-purchase threshold, comply with the requirements of section 8(a) of the Small Business Act (15 U.S.C. 637(a)), section 2323 of title 10, United States Code, and section 7102 of the Federal Acquisition Streamlining Act of 1994. “(2) The authority under part 13.106(a)(1) of the Federal Acquisition Regulation (48 C.F.R. 13.106(a)(1)), as in effect on November 18, 1993, to make purchases without securing competitive quotations does not apply to any purchases with a price exceeding the micro-purchase threshold. “(b) Exclusion for Micro-Purchases.— A purchase by an executive agency with an anticipated value of the micro-purchase threshold or less is not subject to section 15(j) of the Small Business Act (15 U.S.C. 644(j)) and the Buy American Act (41 U.S.C. 10a–10c). “(c) Applicability of Certain Provisions.— For purposes of section 27, an officer or employee of an executive agency, or a member of the Armed Forces of the United States, shall not be considered a procurement official if— “(1) the contracting authority of the officer, employee, or member does not exceed $2,500; and 108 STAT. 3347 “(2) the head of the contracting activity concerned (or a designee of the head of the contracting activity concerned) determines that the duties of the position of that officer, employee, or member are such that is it unlikely that the officer, employee, or member will be required to conduct procurements in a total amount greater than $20,000 in any 12-month period. “(d) Purchases Without Competitive Quotations.— A purchase not greater than $2,500 may be made without obtaining competitive quotations if the contracting officer determines that the price for the purchase is reasonable. “(e) Equitable Distribution.— Purchases not greater than $2,500 shall be distributed equitably among qualified suppliers. “(f) Implementation Through FAR.— This section shall be implemented through the Federal Acquisition Regulation. “(g) Micro-Purchase Threshold Defined.— For purposes of this section, the micro-purchase threshold is the amount of $2,500.” (b) Exception To Buy American Act for Micro-Purchases.— Section 2 of the Buy American Act (41 U.S.C. 10a) is amended by adding at the end the following: “This section shall not apply to manufactured articles, materials, or supplies procured under any contract the award value of which is less than or equal to the micro-purchase threshold under section 32 of the Office of Federal Procurement Policy Act.”. (c) Effective Date.— Notwithstanding any other provision of law— (1) section 32 of the Office of Federal Procurement Policy Act, as added by subsection (a); and (2) the amendment made by subsection (b); shall take effect on the date of the enactment of this Act and shall be implemented in the Federal Acquisition Regulation not later than 60 days after such date of enactment.