(B) a system of personal and organizational accountability for 
competition, which may include the use of recognition and awards 
to motivate program managers, contracting officers, and others in 
authority to promote competition in procurement programs; and 
(6) describe other ways in which the executive agency has empha-
sized competition in programs for procurement training and research. 
(c) RESPONSIBILITIES.—The advocate for competition for each procuring 
activity is responsible for promoting full and open competition, promoting 
the acquisition of commercial items, and challenging barriers to acquisition, 
including unnecessarily restrictive statements of need, unnecessarily detailed 
specifications, and unnecessarily burdensome contract clauses. 
§ 1706. Personnel evaluation 
The head of each executive agency subject to division C shall ensure, with 
respect to the employees of that agency whose primary duties and respon-
sibilities pertain to the award of contracts subject to the provisions of the 
Small Business and Federal Procurement Competition Enhancement Act of 
1984 (Public Law 98–577, 98 Stat. 3066), that the performance appraisal 
system applicable to those employees affords appropriate recognition to, 
among other factors, efforts to— 
(1) increase competition and achieve cost savings through the elimi-
nation of procedures that unnecessarily inhibit full and open competi-
tion; 
(2) further the purposes of the Small Business and Federal Procure-
ment Competition Enhancement Act of 1984 (Public Law 98–577, 98 
Stat. 3066) and the Defense Procurement Reform Act of 1984 (Public 
Law 98–525, title XII, 98 Stat. 2588); and 
(3) further other objectives and purposes of the Federal acquisition 
system authorized by law. 
§ 1707. Publication of proposed regulations 
(a) COVERED POLICIES, REGULATIONS, PROCEDURES, AND FORMS.— 
(1) REQUIRED COMMENT PERIOD.—Except as provided in subsection 
(d), a procurement policy, regulation, procedure, or form (including an 
amendment or modification thereto) may not take effect until 60 days 
after it is published for public comment in the Federal Register pursu-
ant to subsection (b) if it— 
(A) relates to the expenditure of appropriated funds; and 
(B)(i) has a significant effect beyond the internal operating pro-
cedures of the agency issuing the policy, regulation, procedure, or 
form; or 
(ii) has a significant cost or administrative impact on contrac-
tors or offerors. 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS
(2) EXCEPTION.—A policy, regulation, procedure, or form may take 
effect earlier than 60 days after the publication date when there are 
compelling circumstances for the earlier effective date, but the effective 
date may not be less than 30 days after the publication date. 
(b) PUBLICATION IN FEDERAL REGISTER AND COMMENT PERIOD.—Sub-
ject to subsection (c), the head of the agency shall have published in the 
Federal Register a notice of the proposed procurement policy, regulation, 
procedure, or form and provide for a public comment period for receiving 
and considering the views of all interested parties on the proposal. The 
length of the comment period may not be less than 30 days. 
(c) CONTENTS OF NOTICE.—Notice of a proposed procurement policy, 
regulation, procedure, or form prepared for publication in the Federal Reg-
ister shall include— 
(1) the text of the proposal or, if it is impracticable to publish the 
full text of the proposal, a summary of the proposal and a statement 
specifying the name, address, and telephone number of the officer or 
employee of the executive agency from whom the full text may be ob-
tained; and 
(2) a request for interested parties to submit comments on the pro-
posal and the name and address of the officer or employee of the Fed-
eral Government designated to receive the comments. 
(d) WAIVER.—The requirements of subsections (a) and (b) may be waived 
by the officer authorized to issue a procurement policy, regulation, proce-
dure, or form if urgent and compelling circumstances make compliance with 
the requirements impracticable. 
(e) EFFECTIVENESS OF POLICY, REGULATION, PROCEDURE, OR FORM.— 
(1) TEMPORARY BASIS.—A procurement policy, regulation, proce-
dure, or form for which the requirements of subsections (a) and (b) 
are waived under subsection (d) is effective on a temporary basis if— 
(A) a notice of the policy, regulation, procedure, or form is pub-
lished in the Federal Register and includes a statement that the 
policy, regulation, procedure, or form is temporary; and 
(B) provision is made for a public comment period of 30 days 
beginning on the date on which the notice is published. 
(2) FINAL POLICY, REGULATION, PROCEDURE, OR FORM.—After con-
sidering the comments received, the head of the agency waiving the re-
quirements of subsections (a) and (b) under subsection (d) may issue 
the final procurement policy, regulation, procedure, or form. 
§ 1708. Procurement notice 
(a) NOTICE REQUIREMENT.—Except as provided in subsection (b)— 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS
(1) an executive agency intending to solicit bids or proposals for a 
contract for property or services for a price expected to exceed 
$10,000, but not to exceed $25,000, shall post, for not less than 10 
days, in a public place at the contracting office issuing the solicitation 
a notice of solicitation described in subsection (c); 
(2) an executive agency shall publish a notice of solicitation described 
in subsection (c) if the agency intends to— 
(A) solicit bids or proposals for a contract for property or serv-
ices for a price expected to exceed $25,000; or 
(B) place an order, expected to exceed $25,000, under a basic 
agreement, basic ordering agreement, or similar arrangement; and 
(3) an executive agency awarding a contract for property or services 
for a price exceeding $25,000, or placing an order exceeding $25,000 
under a basic agreement, basic ordering agreement, or similar arrange-
ment, shall furnish for publication a notice announcing the award or 
order if there is likely to be a subcontract under the contract or order. 
(b) EXEMPTIONS.— 
(1) IN GENERAL.—A notice is not required under subsection (a) if— 
(A) the proposed procurement is for an amount not greater 
than the simplified acquisition threshold and is to be conducted 
by— 
(i) using widespread electronic public notice of the solicita-
tion in a form that allows convenient and universal user ac-
cess through a single, Government-wide point of entry; and 
(ii) permitting the public to respond to the solicitation elec-
tronically; 
(B) the notice would disclose the executive agency’s needs and 
disclosure would compromise national security; 
(C) the proposed procurement would result from acceptance 
of— 
(i) an unsolicited proposal that demonstrates a unique and 
innovative research concept and publication of a notice of the 
unsolicited research proposal would disclose the originality of 
thought or innovativeness of the proposal or would disclose 
proprietary information associated with the proposal; or 
(ii) a proposal submitted under section 9 of the Small 
Business Act (15 U.S.C. 638); 
(D) the procurement is made against an order placed under a 
requirements contract, a task order contract, or a delivery order 
contract; 
(E) the procurement is made for perishable subsistence supplies; 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS