APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN COMMERCIAL ITEMS.

SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN COMMERCIAL ITEMS. (a) Armed Services Acquisitions.— (1) Section 2304(g) of title 10, United States Code, is amended— 110 STAT. 653 (A) in paragraph (1), by striking out “shall provide for special simplified procedures for purchases of” and all that follows through the end of the paragraph and inserting in lieu thereof the following: “shall provide for— “(A) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and “(B) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold 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 items.”; and (B) by adding at the end the following new paragraph: “(4) The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in section 31(g) of the Office of Federal Procurement Policy Act (41 U.S.C. 427).”. (2) Section 2305 of title 10, United States Code, is amended in subsection (a)(2) by inserting after “(other than for” the following: “a procurement for commercial items using special simplified procedures or”. (b) Civilian Agency Acquisitions.— (1) Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)) is amended— (A) in paragraph (1), by striking out “shall provide for special simplified procedures for purchases of” and all that follows through the end of the paragraph and inserting in lieu thereof the following: “shall provide for— “(A) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and “(B) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold 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 items.”; and (B) by adding at the end the following new paragraph: “(5) An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in section 31(g) of the Office of Federal Procurement Policy Act (41 U.S.C. 427).”. (2) Section 303A of such Act (41 U.S.C. 253a) is amended in subsection (b) by inserting after “(other than for” the following: “a procurement for commercial items using special simplified procedures or”. (c) Acquisitions Generally.— Section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427) is amended— (1) in subsection (a), by striking out “shall provide for special simplified procedures for purchases of” and all that follows through the end of the subsection and inserting in lieu thereof the following: “shall provide for— “(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and “(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which 110 STAT. 654the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.”; and (2) by adding at the end the following new subsection: “(g) Special Rules for Commercial Items.— The Federal Acquisition Regulation shall provide that, in the case of a purchase of commercial items using special simplified procedures, an executive agency— “(1) shall publish a notice in accordance with section 18 and, as provided in subsection (b)(4) of such section, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) which shall be considered by the agency; “(2) may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with section 2304 of title 10, United States Code, or section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), as applicable; and “(3) shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received.”. (d) Simplified Notice.— (1) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended— (A) in subsection (a)(6), by inserting before “submission” the following: “issuance of solicitations and the”; and (B) in subsection (b)(6), by striking out “threshold—” and inserting in lieu thereof “threshold, or a contract for the procurement of commercial items using special simplified procedures—”. (e) Effective Date.— The authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold pursuant to the special simplified procedures authorized by section 2304(g)(1) of title 10, United States Code, section 303(g)(1) of the Federal Property and Administrative Services Act of 1949, and section 31(a) of the Office of Federal Procurement Policy Act, as amended by this section, shall expire three years after the date on which such amendments take effect pursuant to section 4401(b). Contracts may be awarded pursuant to solicitations that have been issued before such authority expires, notwithstanding the expiration of such authority.