PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1179 shall promulgate in the Department of Defense Supplement to the Federal Acquisition Regulation regulations requiring competition in the purchase of services by the Department of Defense pursuant to multiple award contracts. (b) CONTENT OF REGULATIONS. — (1) The regulations required by subsection (a) shall provide, at a minimum, that each individual purchase of services in excess of $100,000 that is made under a multiple award contract shall be made on a competitive basis unless a contracting officer of the Department of Defense— (A) waives the requirement on the basis of a determination that— (i) one of the circumstances described in paragraphs (1) through (4) of section 2304c(b) of title 10, United States Code, applies to such individual purchase; or (ii) a statute expressly authorizes or requires that the purchase be made from a specified source; and (B) justifies the determination in writing. (2) For purposes of this subsection, an individual purchase of services is made on a competitive basis only if it is made pursuant to procedures that— (A) require fair notice of the intent to make that purchase (including a description of the work to be performed and the basis on which the selection will be made) to be provided to all contractors offering such services under the multiple award contract; and (B) afford all contractors responding to the notice a fair opportunity to make an offer and have that offer fairly considered by the official making the purchase. (3) Notwithstanding paragraph (2), notice may be provided to fewer than all contractors offering such services under a multiple award contract described in subsection (c)(2)(A) if notice is provided to as many contractors as practicable. (4) A purchase may not be made pursuant to a notice that is provided to fewer than all contractors under paragraph (3) unless— (A) offers were received from at least three qualified contractors; or (B) a contracting officer of the Department of Defense determines in writing that no additional qualified contractors were able to be identified despite reasonable efforts to do so. (c) DEFINITIONS.—In this section: (1) The term "individual purchase" means a task order, delivery order, or other purchase. (2) The term "multiple award contract" means— (A) a contract that is entered into by the Administrator of General Services under the multiple award schedule program referred to in section 2302(2)(C) of title 10, United States Code; (B) a multiple award task order contract that is entered into under the authority of sections 2304a through 2304d of title 10, United States Code, or sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k); and (C) any other indefinite delivery, indefinite quantity contract that is entered into by the head of a Federal agency with two or more sources pursuant to the same solicitation.
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