§ 427. — Simplified acquisition procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC427]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 427. Simplified acquisition procedures
(a) Requirement
In order to promote efficiency and economy in contracting and to
avoid unnecessary burdens for agencies and contractors, the Federal
Acquisition Regulation 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 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.
(b) Prohibition on dividing purchases
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 in order to use the simplified acquisition
procedures required by subsection (a) of this section.
(c) Promotion of competition required
In using simplified acquisition procedures, the head of an executive
agency shall promote competition to the maximum extent practicable.
(d) Consideration of offers timely received
The simplified acquisition procedures contained in the Federal
Acquisition Regulation shall include a requirement that a contracting
officer consider each responsive offer timely received from an eligible
offeror.
(e) Interim reporting rule
Until October 1, 2004, procuring activities shall continue to report
under section 417(d) of this title procurement awards with a dollar
value of at least $25,000, but less than $100,000, in conformity with
the procedures for the reporting of a contract award greater than
$25,000 that were in effect on October 1, 1992.
(f) 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 416 of
this title 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 or section 253 of this title, 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.
(Pub. L. 93-400, Sec. 31, as added Pub. L. 103-355, title IV,
Sec. 4201(a), Oct. 13, 1994, 108 Stat. 3342; amended Pub. L. 104-106,
div. D, title XLII, Sec. 4202(c), title XLIII, Sec. 4302(b), Feb. 10,
1996, 110 Stat. 653, 658; Pub. L. 104-201, div. A, title X,
Sec. 1074(b)(6), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 105-85, div. A,
title VIII, Sec. 850(d), Nov. 18, 1997, 111 Stat. 1848; Pub. L. 106-65,
div. A, title VIII, Sec. 818, Oct. 5, 1999, 113 Stat. 712.)
Amendments
1999--Subsec. (e). Pub. L. 106-65 substituted ``October 1, 2004''
for ``October 1, 1999''.
1997--Subsecs. (e) to (g). Pub. L. 105-85 redesignated subsecs. (f)
and (g) as (e) and (f), respectively, and struck out heading and text of
subsec. (e). Text read as follows: ``The simplified acquisition
procedures provided in the Federal Acquisition Regulation pursuant to
section 2304(g)(1)(A) of title 10, section 253(g)(1)(A) of this title,
and subsection (a)(1) of this section may not be used by an agency after
December 31, 1999, for contracts in amounts greater than $50,000 and not
greater than the simplified acquisition threshold until a certification
has been made pursuant to section 426a(a)(2) of this title that the
agency has implemented a full FACNET capability.''
1996--Subsec. (a). Pub. L. 104-106, Sec. 4202(c)(1), as amended by
Pub. L. 104-201, substituted ``shall provide for--'' and pars. (1) and
(2) for ``shall provide for special simplified procedures for contracts
for acquisition of property and services that are not greater than the
simplified acquisition threshold.''
Subsec. (e). Pub. L. 104-106, Sec. 4302(b)(2), substituted
``pursuant to section 2304(g)(1)(A) of title 10, section 253(g)(1)(A) of
this title, and subsection (a)(1) of this section'' for ``pursuant to
this section''.
Pub. L. 104-106, Sec. 4302(b)(1), designated subsec. (e)(2)(B) as
entire subsec. and struck out former pars. (1) and (2)(A) which read as
follows:
``(1) Effect of interim facnet capability.--The simplified
acquisition procedures provided in the Federal Acquisition Regulation
pursuant to this section may not be used by a procuring activity of an
agency for contracts in amounts greater than $50,000 and not greater
than the simplified acquisition threshold until a certification has been
made pursuant to section 426a(a)(1) of this title that the procuring
activity has implemented an interim FACNET capability.
``(2) Effect of full facnet capability.--(A)(i) In the case of a
procuring activity described in clause (ii), the simplified acquisition
procedures provided in the Federal Acquisition Regulation pursuant to
this section may be used by the activity for contracts in amounts
greater than $50,000 and not greater than the simplified acquisition
threshold.
``(ii) Clause (i) applies to any procuring activity--
``(I) that has not certified, pursuant to section 426a(a)(1) of
this title, that it has implemented interim FACNET capability; and
``(II) that is in an agency that has excluded the procuring
activity from the agency's full FACNET certification under section
426a(a)(2) of this title on the basis that implementation of full
FACNET capability would not be cost effective or practicable in that
activity.''
Subsec. (g). Pub. L. 104-106, Sec. 4202(c)(2), added subsec. (g).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997,
see section 850(g) of Pub. L. 105-85, set out as a note under section
2302c of Title 10, Armed Forces.
Effective Date of 1996 Amendments
Section 1074(b)(6) of Pub. L. 104-201 provided that the amendment
made by that section is effective Feb. 10, 1996.
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date
For effective date and applicability of section, see section 10001
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note
under section 251 of this title.
Termination of Authority To Issue Solicitations for Purchases of
Commercial Items in Excess of Simplified Acquisition Threshold
Authority to issue solicitations for purchases of commercial items
in excess of simplified acquisition threshold pursuant to special
simplified procedures authorized by subsec. (a) of this section to
expire three years after date certain amendments by section 4202 of Pub.
L. 104-106 take effect pursuant to section 4401(b) of Pub. L. 104-106,
set out as a note under section 251 of this title, see section 4202(e)
of Pub. L. 104-106, set out as a note under section 2304 of Title 10,
Armed Forces.
Section Referred to in Other Sections
This section is referred to in sections 252b, 253 of this title;
title 6 sections 393, 425; title 10 sections 2302b, 2304; title 20
section 1018a.
