H. R. 1107—75 
(D) a description of the market survey conducted or a 
statement of the reasons a market survey was not con-
ducted; 
(E) a listing of any sources that expressed in writing 
an interest in the procurement; and 
(F) a statement of any actions the agency may take 
to remove or overcome a barrier to competition before a 
subsequent procurement 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 contract 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 
procedures 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 execu-
tive 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 
subparagraph (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 provided in subparagraph (B), in the case of a procure-
ment permitted by subsection (a), the head of an executive 
agency shall make publicly 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. 
(B) WITHIN 30 DAYS AFTER CONTRACT AWARD.—In the 
case of a procurement permitted by subsection (a)(2), 
subparagraph (A) shall be applied by substituting ‘‘30 days’’ 
for ‘‘14 days’’. 
(2) AVAILABILITY ON WEBSITES.—The documents referred to 
in subparagraph (A) of paragraph (1) shall be made available 
on the website of the agency and through a Government-wide 
website selected by the Administrator. 
(3) EXCEPTION
TO
AVAILABILITY
AND
APPROVAL
REQUIRE-
MENT.—This subsection does not require the public availability
H. R. 1107—76 
of information that is exempt from public disclosure under 
section 552(b) of title 5. 
§ 3305. Simplified procedures for small purchases 
(a) AUTHORIZATION.—To promote efficiency and economy in con-
tracting and to avoid unnecessary burdens for agencies and contrac-
tors, 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 reason-
ably expects, based on the nature of the property or services 
sought and on market research, that offers will include only 
commercial items. 
(b) LEASEHOLD INTERESTS IN REAL PROPERTY.—The Administrator 
of General Services shall prescribe regulations that provide special 
simplified procedures for acquisitions of leasehold interests in real 
property at rental rates that do not exceed the simplified acquisition 
threshold. The rental rate under a multiyear lease does not exceed 
the simplified acquisition threshold if the average annual amount 
of the rent payable for the period of the lease does not exceed 
the simplified acquisition threshold. 
(c) PROHIBITION ON DIVIDING CONTRACTS.—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 procedures required by subsection 
(a). 
(d) PROMOTION OF COMPETITION.—In using the simplified proce-
dures, an executive agency shall promote competition to the max-
imum extent practicable. 
(e) COMPLIANCE
WITH
SPECIAL
REQUIREMENTS
OF
FEDERAL 
ACQUISITION REGULATION.—An executive agency shall comply with 
the Federal Acquisition Regulation provisions referred to in section 
1901(e) of this title. 
§ 3306. Planning and solicitation requirements 
(a) PLANNING AND SPECIFICATIONS.— 
(1) PREPARING
FOR
PROCUREMENT.—In preparing for the 
procurement of property or services, an executive agency shall— 
(A) specify its needs and solicit bids or proposals in 
a manner designed to achieve full and open competition 
for the procurement; 
(B) use advance procurement planning and market 
research; and 
(C) develop specifications in the manner necessary to 
obtain full and open competition with due regard to the 
nature of the property or services to be acquired. 
(2) REQUIREMENTS
OF
SPECIFICATIONS.—Each solicitation 
under this division shall include specifications that— 
(A) consistent with this division, permit full and open 
competition; and 
(B) include restrictive provisions or conditions only to 
the extent necessary to satisfy the needs of the executive 
agency or as authorized by law. 
(3) TYPES
OF
SPECIFICATIONS.—For the purposes of para-
graphs (1) and (2), the type of specification included in a solici-
tation shall depend on the nature of the needs of the executive