41 U.S.C. § 3305 (PUBLIC CONTRACTS)
§ 3305. Simplified procedures for small purchases
(a) Authorization.—
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) 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 procedures, an executive agency shall promote competition to the maximum 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3752; Pub. L. 115–232, div. A, title VIII, § 836(b)(8), Aug. 13, 2018, 132 Stat. 1861.)
heading: Amendment of Subsection (a)(2)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(8), (h), Aug. 13, 2018, 132 Stat. 1861, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (a)(2) of this section is amended by striking “commercial items” and inserting “commercial products or commercial services”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3305
41:253(g).
June 30, 1949, ch. 288, title III, § 303(g), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1178; Pub. L. 99–145, title XIII, § 1304(c)(3), Nov. 8, 1985, 99 Stat. 742; Pub. L. 101–510, title VIII, § 806(c), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103–355, title I, § 1051(2), title IV, § 4402(a), Oct. 13, 1994, 108 Stat. 3260, 3348; Pub. L. 104–106, title XLII, § 4202(b)(1), Feb. 10, 1996, 110 Stat. 653; Pub. L. 105–85, title VIII, § 850(f)(4)(B), Nov. 18, 1997, 111 Stat. 1850.
heading: Amendments
text: 2018—Subsec. (a)(2). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.