SEC. 4201. SIMPLIFIED ACQUISITION PROCEDURES.
(a) REQUIREMENT FOR SIMPLIFIED PROCEDURES IN FAR.—The
Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is further amended by inserting before section 33, as added by section 4101, the following new section:
‘‘SEC. 31. 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 special simplified procedures for contracts for acquisition of property and services that are not greater than the simplified acquisition threshold.
‘‘(b) PROHIBITION ON DIVIDING PURCHASES.—A proposed pur-
chase 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 proce- dures required by subsection (a).
‘‘(c) PROMOTION OF COMPETITION REQUIRED.—In using sim-
plified acquisition procedures, the head of an executive agency shall promote competition to the maximum extent practicable.
‘‘(d) CONSIDERATION OF OFFERS TIMELY RECEIVED.—The sim- plified 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) SPECIALRULES FORUSE OFSIMPLIFIEDACQUISITIONPROCE-
DURES.—
‘‘(1) EFFECT OF INTERIM FACNET CAPABILITY.—The sim-
plified acquisition procedures provided in the Federal Acquisi- tion 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 pursu- ant to section 30A(a)(1) that the procuring activity has imple- mented an interim FACNET capability.
‘‘(2) EFFECT OF FULL FACNET CAPABILITY.—(A)(i) In the
case of a procuring activity described in clause (ii), the sim- plified acquisition procedures provided in the Federal Acquisi- tion 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 30A(a)(1), that it has implemented interim FACNET capability; and ‘‘(II) that is in an agency that has excluded the procur- ing activity from the agency’s full FACNET certification under section 30A(a)(2) on the basis that implementation of full FACNET capability would not be cost effective or practicable in that activity.
‘‘(B) The simplified acquisition procedures provided in the Federal Acquisition Regulation pursuant to 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 30A(a)(2) that the agency has imple- mented a full FACNET capability.
‘‘(f) INTERIM REPORTING RULE.—Until October 1, 1999, procur-
ing activities shall continue to report under section 19(d) procure- ment 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.’’.
(b) OPPORTUNITY FOR ALL RESPONSIBLE POTENTIAL
OFFERORS.—Subsection (a) of section 18 of such Act is amended
by adding at the end the following:
‘‘(4) An executive agency intending to solicit offers for a contract for which a notice of solicitation is required to be posted under paragraph (1)(B) shall ensure that contracting officers consider each responsive offer timely received from an offeror.’’.
(c) ESTABLISHMENT OFDEADLINE FORSUBMISSION OFOFFERS.—
Subsection (a) of section 18 of such Act is further amended by adding after paragraph (4), as added by subsection (b), the following new paragraph:
‘‘(5) An executive agency shall establish a deadline for the submission of all bids or proposals in response to a solicitation with respect to which no such deadline is provided by statute. Each deadline for the submission of offers shall afford potential offerors a reasonable opportunity to respond.’’.
SEC. 4202. PROCUREMENT NOTICE.
(a) CONTINUATION OF EXISTING NOTICE THRESHOLDS.—Sub- section (a) of section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended—
(1) in paragraph (1), by striking out ‘‘the small purchase threshold’’ each place it appears and inserting in lieu thereof ‘‘$25,000’’; and
(2) in paragraph (3)(B), by inserting after ‘‘(B)’’ the follow- ing: ‘‘in the case of a contract or order expected to be greater than the simplified acquisition threshold,’’.
(b) CONTENT OF NOTICE.—Subsection (b) of such section is
amended—
(1) by striking out ‘‘and’’ at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
‘‘(6) in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the simplified acquisition threshold—
‘‘(A) a description of the procedures to be used in awarding the contract; and
‘‘(B) a statement specifying the periods for prospective offerors and the contracting officer to take the necessary preaward and award actions.’’.
(c) NOTICENOT REQUIRED FOR PROCUREMENTMADE THROUGH
FACNET.—Subsection (c)(1) of such section, as amended by section 1055(b), is further amended—
(1) by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (C), (D), (E), (F), (G), and (H), respec- tively; and
(2) by inserting before subparagraph (C), as so redesig- nated, the following new subparagraphs:
‘‘(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be made through a system with interim FACNET capability certified pursuant to section 30A(a)(1) or with full FACNET capability certified pursuant to section 30A(a)(2);
‘‘(B)(i) the proposed procurement is for an amount not greater than $250,000 and is to be made through a system
with full FACNET capability certified pursuant to section 30A(a)(2); and
‘‘(ii) a certification has been made pursuant to section 30A(b) that Government-wide FACNET capability has been implemented;’’.
(d) NOTICEUNDER THESMALLBUSINESSACT.—
(1) CONTINUATION OF EXISTING NOTICE THRESHOLDS.—Sub-
section (e) of section 8 of the Small Business Act (15 U.S.C. 637) is amended—
(A) in paragraph (1), by striking out ‘‘the small pur- chase threshold’’ each place it appears and inserting in lieu thereof ‘‘$25,000’’; and
(B) in paragraph (3)(B), by inserting after ‘‘(B)’’ the following: ‘‘in the case of a contract or order estimated to be greater than the simplified acquisition threshold,’’. (2) CONTENT OF NOTICE.—Subsection (f) of such section
is amended—
(A) by striking out ‘‘and’’ at the end of paragraph (4);
(B) by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and
(C) by adding at the end the following:
‘‘(6) in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the simplified acquisition threshold—
‘‘(A) a description of the procedures to be used in awarding the contract; and
‘‘(B) a statement specifying the periods for prospective offerors and the contracting officer to take the necessary preaward and award actions.’’.
(3) NOTICE NOT REQUIRED FOR PROCUREMENT MADE
THROUGH FACNET.—Subsection (g)(1) of such section is amend-
ed—
(A) by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (C), (D), (E), (F), (G), and (H), respectively; and
(B) by inserting before subparagraph (C), as so redesig- nated, the following new subparagraphs:
‘‘(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be made through a system with interim FACNET capability certified pursuant to section 30A(a)(1) of the Office of Federal Procure- ment Policy Act or with full FACNET capability certified pursu- ant to section 30A(a)(2) of such Act;
‘‘(B)(i) the proposed procurement is for an amount not greater than $250,000 and is to be made through a system with full FACNET capability certified pursuant to section 30A(a)(2) of the Office of Federal Procurement Policy Act; and ‘‘(ii) a certification has been made pursuant to section 30A(b) of such Act that Government-wide FACNET capability has been implemented;’’.
SEC. 4203. IMPLEMENTATION OF SIMPLIFIED ACQUISITION PROCE- DURES.
(a) IMPLEMENTATION IN TITLE 10.—(1) Chapter 137 of title
10, United States Code, is amended by inserting after section 2302a, as added by section 4002(a), the following new section:
‘‘§ 2302b. Implementation of simplified acquisition proce- dures
‘‘The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 31 of the Office of Fed- eral Procurement Policy Act shall apply as provided in such section to the agencies named in section 2303(a) of this title.’’.
(2) The table of sections at the beginning of chapter 137 of such title is amended by inserting after the item relating to section 2302a, as added by section 4002(b), the following new item:
‘‘2302b. Implementation of simplified acquisition procedures.’’.
(b) IMPLEMENTATION IN CIVILIAN AGENCIES.—Title III of the
Federal Property and Administrative Services Act of 1949 is amend- ed by inserting after section 302A, as added by section 4003 and amended by section 4103, the following new section:
‘‘SEC. 302B. IMPLEMENTATION OF SIMPLIFIED ACQUISITION PROCE- DURES.
‘‘The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 31 of the Office of Fed- eral Procurement Policy Act shall apply in executive agencies as provided in such section.’’.