solicitation is required to be posted under subsection (a)(1) shall ensure that 
contracting officers consider each responsive offer timely received from an 
offeror. 
(g) AVAILABILITY OF COMPLETE SOLICITATION PACKAGE AND PAYMENT 
OF FEE.—An executive agency shall make available to a business concern, 
or the authorized representative of a concern, the complete solicitation pack-
age for any on-going procurement announced pursuant to a notice of solici-
tation under subsection (a). An executive agency may require the payment 
of a fee, not exceeding the actual cost of duplication, for a copy of the pack-
age. 
§ 1708. Contracting functions performed by Federal per-
sonnel 
(a) COVERED PERSONNEL.—Personnel referred to in subsection (b) are— 
(1) an employee, as defined in section 2105 of title 5; 
(2) a member of the armed forces; and 
(3) an individual assigned to a Federal agency pursuant to sub-
chapter VI of chapter 33 of title 5. 
(b) LIMITATION ON PAYMENT FOR ADVISORY AND ASSISTANCE SERV-
ICES.—No individual who is not an individual described in subsection (a) 
may be paid by an executive agency for services to conduct evaluations or 
analyses of any aspect of a proposal submitted for an acquisition unless per-
sonnel described in subsection (a) with adequate training and capabilities 
to perform the evaluations and analyses are not readily available in the 
agency or another Federal agency. When administering this subsection, the 
head of each executive agency shall determine in accordance with standards 
and procedures prescribed in the Federal Acquisition Regulation whether— 
(1) a sufficient number of personnel described in subsection (a) in 
the agency or another Federal agency are readily available to perform 
a particular evaluation or analysis for the head of the executive agency 
making the determination; and 
(2) the readily available personnel have the training and capabilities 
necessary to perform the evaluation or analysis. 
(c) CERTAIN RELATIONSHIP NOT AFFECTED.—This section does not af-
fect the relationship between the Federal Government and a Federally fund-
ed research and development center. 
§ 1709. Value engineering 
Each executive agency shall establish and maintain cost-effective proce-
dures and processes for analyzing the functions of a program, project, sys-
tem, product, item of equipment, building, facility, service, or supply of the 
agency. The analysis shall be— 
(1) performed by qualified agency or contractor personnel; and 
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(2) directed at improving performance, reliability, quality, safety, 
and life cycle costs. 
§ 1710. Record requirements 
(a) MAINTAINING RECORDS ON COMPUTER.—Each executive agency shall 
establish and maintain for 5 years a computer file, by fiscal year, containing 
unclassified records of all procurements greater than the simplified acquisi-
tion threshold in that fiscal year. 
(b) CONTENTS.—The record established under subsection (a) shall in-
clude, with respect to each procurement carried out using— 
(1) competitive procedures— 
(A) the date of contract award; 
(B) information identifying the source to whom the contract was 
awarded; 
(C) the property or services the Federal Government obtains 
under the procurement; and 
(D) the total cost of the procurement; or 
(2) procedures other than competitive procedures— 
(A) the information described in paragraph (1); 
(B) the reason under section 3303(a) of this title or section 
2304(c) of title 10 for using the procedures; and 
(C) the identity of the organization or activity that conducted 
the procurement. 
(c) SEPARATE RECORD CATEGORY FOR PROCUREMENTS RESULTING IN 
ONE BID OR PROPOSAL.—Information included in a record pursuant to 
subsection (b)(1) that relates to procurements resulting in the submission 
of a bid or proposal by only one responsible source shall be separately cat-
egorized from the information relating to other procurements included in 
the record. The record of that information shall be designated ‘‘noncompeti-
tive procurements using competitive procedures’’. 
(d) TRANSMISSION AND DATA SYSTEM ENTRY OF INFORMATION.—Infor-
mation included in the record established and maintained under subsection 
(a) shall be transmitted to the Administrator of General Services and shall 
be entered in the Federal Procurement Data System referred to in section 
1122(a)(4) of this title. 
§ 1711. Procurement data 
(a) DEFINITIONS.—In this section: 
(1) QUALIFIED HUBZONE SMALL BUSINESS CONCERN.—The term 
‘‘qualified HUBZone small business concern’’ has the meaning given 
that term in section 3(p) of the Small Business Act (15 U.S.C. 
632(p)). 
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(2) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY SO-
CIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term 
‘‘small business concern owned and controlled by socially and economi-
cally disadvantaged individuals’’ has the meaning given that term in 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)). 
(3) SMALL
BUSINESS
CONCERN
OWNED
AND
CONTROLLED
BY 
WOMEN.—The term ‘‘small business concern owned and controlled by 
women’’ has the meaning given that term in section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) and section 204 of the Women’s 
Business Ownership Act of 1988 (Public Law 100–533, 102 Stat. 
2692). 
(b) REPORTING.—Each Federal agency shall report to the Office of Fed-
eral Procurement Policy the number of qualified HUBZone small business 
concerns, the number of small businesses owned and controlled by women, 
and the number of small business concerns owned and controlled by socially 
and economically disadvantaged individuals, by gender, that are first time 
recipients of contracts from the agency. The Office shall take appropriate 
action to ascertain, for each fiscal year, the number of those small busi-
nesses that have newly entered the Federal market. 
CHAPTER 19—SIMPLIFIED ACQUISITION PROCEDURES 
Sec. 
1901.
Simplified acquisition procedures. 
1902.
Procedures applicable to purchases below micro-purchase threshold. 
1903.
Special emergency procurement authority. 
1904.
Certain transactions for defense against attack. 
1905.
List of laws inapplicable to contracts or subcontracts not greater than simplified acqui-
sition threshold. 
1906.
List of laws inapplicable to procurements of commercial items. 
1907.
List of laws inapplicable to procurements of commercially available off-the-shelf items. 
1908.
Inflation adjustment of acquisition-related dollar thresholds. 
§ 1901. Simplified acquisition procedures 
(a) WHEN PROCEDURES ARE TO BE USED.—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 purchases of property and services for amounts— 
(1) not greater than the simplified acquisition threshold; and 
(2) greater than the simplified acquisition threshold but not greater 
than $5,000,000 for 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 to use the 
simplified acquisition procedures required by subsection (a). 
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(c) PROMOTION OF COMPETITION REQUIRED.—When using simplified ac-
quisition procedures, the head of an executive agency shall promote competi-
tion to the maximum extent practicable. 
(d) CONSIDERATION OF OFFERS TIMELY RECEIVED.—The simplified ac-
quisition 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) REPORT.—Until October 1, 2004, procuring activities shall continue 
to report under section 1710(d) of this title procurement awards 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 an executive agency using special simplified 
procedures to purchase commercial items— 
(1) shall publish a notice in accordance with section 1707 of this title 
and, as provided in section 1707(c)(4) of this title, permit all respon-
sible sources to submit a bid, proposal, or quotation (as appropriate) 
that the agency shall consider; 
(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(f) of title 10 or section 3303(d) of this title, as applicable; 
and 
(3) shall include in the contract file a written description of the pro-
cedures used in awarding the contract and the number of offers re-
ceived. 
§ 1902. Procedures applicable to purchases below micro-pur-
chase threshold 
(a) DEFINITION.—For purposes of this section, the micro-purchase 
threshold is $2,500. 
(b) COMPLIANCE WITH CERTAIN REQUIREMENTS
AND NONAPPLICA-
BILITY OF CERTAIN AUTHORITY.— 
(1) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The head of each 
executive agency shall ensure that procuring activities of that agency, 
when 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, and section 
7102 of the Federal Acquisition Streamlining Act of 1994 (Public Law 
103–355, 15 U.S.C. 644 note). 
(2) NONAPPLICABILITY
OF
CERTAIN
AUTHORITY.—The authority 
under part 13.106(a)(1) of the Federal Acquisition Regulation (48 
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