20 USC 1018a - Procurement flexibility

U.S Code last checked for updates: Nov 22, 2024

§ 1018a.

Procurement flexibility

(a)

Procurement authority

(b)

In general

Except as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services. The PBO shall—

(1)

enter into contracts to carry out the functions set forth in section 1018(b)(2) of this title;

(2)

obtain the services of experts and consultants without regard to section 3109 of title 5 and set pay in accordance with such section; and

(3)

through the Chief Operating Officer—

(A)

to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and

(B)

assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.

(c)

Service contracts

(1)

Performance-based servicing contracts

(2)

Fee for service arrangements

(d)

Two-phase source-selection procedures

(1)

In general

(2)

First phase

The procedures for the first phase of the process for a procurement are as follows:

(A)

Publication of notice

The contracting officer for the procurement shall publish a notice of the procurement in accordance with section 1708 of title 41 and subsections (e), (f), and (g) of section 637 of title 15, except that the notice shall include only the following:

(i)

A general description of the scope or purpose of the procurement that provides sufficient information on the scope or purpose for sources to make informed business decisions regarding whether to participate in the procurement.

(ii)

A description of the basis on which potential sources are to be selected to submit offers in the second phase.

(iii)

A description of the information that is to be required under subparagraph (B).

(iv)

Any additional information that the contracting officer determines appropriate.

(B)

Information submitted by offerors

(C)

Selection for second phase

(3)

Second phase

(A)

In general

(B)

Eligible participants

(C)

Single or multiple procurements

(4)

Procedures considered competitive

(e)

Use of simplified procedures for commercial products and commercial services

(f)

Flexible wait periods and deadlines for submission of offers of noncommercial products and services

(1)

Authority

In carrying out a procurement, the PBO may—

(A)

apply a shorter waiting period for the issuance of a solicitation after the publication of a notice under section 1708 of title 41 than is required under subsection (a)(3)(A) of such section; and

(B)

notwithstanding subsection (a)(3) of such section, establish any deadline for the submission of bids or proposals that affords potential offerors a reasonable opportunity to respond to the solicitation.

(2)

Inapplicability to commercial products and services

(3)

Consistency with applicable international agreements

(g)

Modular contracting

(1)

In general

(2)

Utility requirement

(3)

Conditions for use of authority

The PBO may use procedures authorized under paragraph (4) for the procurement of an additional module for a system if—

(A)

competitive procedures were used for awarding the contract for the procurement of the first module for the system; and

(B)

the solicitation for the first module included—

(i)

a general description of the entire system that was sufficient to provide potential offerors with reasonable notice of the general scope of future modules;

(ii)

other information sufficient for potential offerors to make informed business judgments regarding whether to submit offers for the contract for the first module; and

(iii)

a statement that procedures authorized under this subsection could be used for awarding subsequent contracts for the procurement of additional modules for the system.

(4)

Procedures

If the procurement of the first module for a system meets the requirements set forth in paragraph (3), the PBO may award a contract for the procurement of an additional module for the system using any of the following procedures:

(A)

Single-source basis

(B)

Adequate competition

Award of the contract on the basis of offers made by—

(i)

a contractor who was awarded a contract for a module previously procured for the system after having been selected for award of the contract under this subparagraph or other competitive procedures; and

(ii)

at least one other offeror that submitted an offer for a module previously procured for the system and is expected, on the basis of the offer for the previously procured module, to submit a competitive offer for the additional module.

(C)

Other

(5)

Notice requirement

(A)

Publication

(B)

Exception

(C)

Content of notice

(6)

Documentation

(7)

Simplified source-selection procedures

(h)

Use of simplified procedures for small business set-asides for services other than commercial services

(1)

Authority

The PBO may use special simplified procedures for a procurement of services that are not commercial services if—

(A)

the procurement is in an amount not greater than $1,000,000;

(B)

the procurement is conducted as a small business set-aside pursuant to section 644(a) of title 15; and

(C)

the price charged for supplies associated with the services procured are items of supply expected to be less than 20 percent of the total contract price.

(2)

Inapplicability to certain procurements

The authority set forth in paragraph (1) may not be used for—

(A)

an award of a contract on a single-source basis; or

(B)

a contract for construction.

(i)

Guidance for use of authority

(1)

Issuance by PBO

(2)

Guidance from OFPP

(3)

Compliance with OFPP guidance

(j)

Limitation on multiagency contracting

(k)

Laws not affected

(l)

Definitions

In this section:

(1)

Commercial product

(2)

Commercial service

(3)

Competitive procedures

(4)

Single-source basis

(5)

Special rules for commercial products and commercial services

(6)

Special simplified procedures

(Pub. L. 89–329, title I, § 142, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1611; amended Pub. L. 110–315, title I, § 118, Aug. 14, 2008, 122 Stat. 3116; Pub. L. 115–232, div. A, title VIII, § 836(g)(2), Aug. 13, 2018, 132 Stat. 1872.)

cite as: 20 USC 1018a