HR 1107 RH 
(1) a contract for property or services to be awarded on the basis 
of acceptance of an unsolicited research proposal, the property or serv-
ices are deemed to be available from only one source if the source has 
submitted an unsolicited research proposal that demonstrates a unique 
and innovative concept, the substance of which is not otherwise avail-
able to the Federal Government and does not resemble the substance 
of a pending competitive procurement; or 
(2) a follow-on contract for the continued development or production 
of a major system or highly specialized equipment, the property may 
be deemed to be available only from the original source and may be 
procured through procedures other than competitive procedures when 
it is likely that award to a source other than the original source would 
result in— 
(A) substantial duplication of cost to the Federal Government 
that is not expected to be recovered through competition; or 
(B) unacceptable delay in fulfilling the executive agency’s needs. 
(c) PROPERTY OR SERVICES NEEDED WITH UNUSUAL AND COMPELLING 
URGENCY.— 
(1) ALLOWABLE CONTRACT PERIOD.—The contract period of a con-
tract described in paragraph (2) that is entered into by an executive 
agency pursuant to the authority provided under subsection (a)(2)— 
(A) may not exceed the time necessary— 
(i) to meet the unusual and compelling requirements of the 
work to be performed under the contract; and 
(ii) for the executive agency to enter into another contract 
for the required goods or services through the use of competi-
tive procedures; and 
(B) may not exceed one year unless the head of the executive 
agency entering into the contract determines that exceptional cir-
cumstances apply. 
(2) APPLICABILITY OF ALLOWABLE CONTRACT PERIOD.—This sub-
section applies to any contract in an amount greater than the sim-
plified acquisition threshold. 
(d) OFFER REQUESTS TO POTENTIAL SOURCES.—An executive agency 
using procedures other than competitive procedures to procure property or 
services by reason of the application of paragraph (2) or (6) of subsection 
(a) shall request offers from as many potential sources as is practicable 
under the circumstances. 
(e) JUSTIFICATION FOR USE OF NONCOMPETITIVE PROCEDURES.— 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
HR 1107 RH 
(1) PREREQUISITES FOR AWARDING CONTRACT.—Except as provided 
in paragraphs (3) and (4), an executive agency may not award a con-
tract using procedures other than competitive procedures unless— 
(A) the contracting officer for the contract justifies the use of 
those procedures in writing and certifies the accuracy and com-
pleteness of the justification; 
(B) the justification is approved, in the case of a contract for 
an amount— 
(i) exceeding $500,000 but equal to or less than 
$10,000,000, by the advocate for competition for the pro-
curing activity (without further delegation) or by an official 
referred to in clause (ii) or (iii); 
(ii) exceeding $10,000,000 but equal to or less than 
$50,000,000, by the head of the procuring activity or by a 
delegate who, if a member of the armed forces, is a general 
or flag officer or, if a civilian, is serving in a position in which 
the individual is entitled to receive the daily equivalent of the 
maximum annual rate of basic pay payable under section 
5376 of title 5 (or in a comparable or higher position under 
another schedule); or 
(iii) exceeding $50,000,000, by the senior procurement ex-
ecutive of the agency designated pursuant to section 1702(c) 
of this title (without further delegation); and 
(C) any required notice has been published with respect to the 
contract pursuant to section 1708 of this title and the executive 
agency has considered all bids or proposals received in response 
to that notice. 
(2) ELEMENTS OF JUSTIFICATION.—The justification required by 
paragraph (1)(A) shall include— 
(A) a description of the agency’s needs; 
(B) an identification of the statutory exception from the re-
quirement to use competitive procedures and a demonstration, 
based on the proposed contractor’s qualifications or the nature of 
the procurement, of the reasons for using that exception; 
(C) a determination that the anticipated cost will be fair and 
reasonable; 
(D) a description of the market survey conducted or a state-
ment of the reasons a market survey was not conducted; 
(E) a listing of any sources that expressed in writing an interest 
in the procurement; and 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
HR 1107 RH 
(F) a statement of any actions the agency may take to remove 
or overcome a barrier to competition before a subsequent procure-
ment for those needs. 
(3) JUSTIFICATION ALLOWED AFTER CONTRACT AWARDED.—In the 
case of a procurement permitted by subsection (a)(2), the justification 
and approval required by paragraph (1) may be made after the con-
tract is awarded. 
(4) JUSTIFICATION NOT REQUIRED.—The justification and approval 
required by paragraph (1) are not required if— 
(A) a statute expressly requires that the procurement be made 
from a specified source; 
(B) the agency’s need is for a brand-name commercial item for 
authorized resale; 
(C) the procurement is permitted by subsection (a)(7); or 
(D) the procurement is conducted under chapter 85 of this title 
or section 8(a) of the Small Business Act (15 U.S.C. 637(a)). 
(5) RESTRICTIONS ON EXECUTIVE AGENCIES.— 
(A) CONTRACTS AND PROCUREMENT OF PROPERTY OR SERV-
ICES.—In no case may an executive agency— 
(i) enter into a contract for property or services using pro-
cedures other than competitive procedures on the basis of the 
lack of advance planning or concerns related to the amount 
available to the agency for procurement functions; or 
(ii) procure property or services from another executive 
agency unless the other executive agency complies fully with 
the requirements of this division in its procurement of the 
property or services. 
(B) ADDITIONAL RESTRICTION.—The restriction set out in sub-
paragraph (A)(ii) is in addition to any other restriction provided 
by law. 
(f) PUBLIC AVAILABILITY OF JUSTIFICATION AND APPROVAL REQUIRED 
FOR USING NONCOMPETITIVE PROCEDURES.— 
(1) TIME REQUIREMENT.— 
(A) WITHIN 14 DAYS AFTER CONTRACT AWARD.—Except as pro-
vided in subparagraph (B), in the case of a procurement permitted 
by subsection (a), the head of an executive agency shall make pub-
licly available, within 14 days after the award of the contract, the 
documents containing the justification and approval required by 
subsection (e)(1) with respect to the procurement. 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS