12 2 STA T .45 4 8PUBLIC LA W 11 0– 41 7—O CT. 14 , 2008 (1)PUBLICNOT IC ER E Q UIRE D.—Notla t er t h a n one y ear a f ter the d ate of the ena c t m ent of th isA ct , the F ederal Ac qu isi - tion R e g ulation shall b e amended to require the head of each e x ecuti v e agency to— (A) p ublish on Fed B i zO pps notice of all sole source tas k or delivery orders in excess of the simplified acquisi- tion threshold that are placed against multiple a w ard con- tracts not later than 1 4 days after such orders are placed, except in the event of extraordinary circumstances or classi- fied orders
and (B) disclose the determination required by subsection (b)(1) related to sole source task or delivery orders in excess of the simplified acquisition threshold placed against multiple award contracts through the same mechanism and to the same extent as the disclosure of documents containing a j ustification and approval required by section 230 4(f)(1) of title 10, U nited S tates C ode, and section 303(f)(1) of the Federal Property and Administrative Serv- ices Act of 1 9 49 (41 U.S.C. 2 5 3(f)(1)), except in the event of extraordinary circumstances or classified orders. (2) EX E MP TION.— T his subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code. (d) D E F INITION S .— I n this section
(1) The term ‘ ‘executive agency ’ ’ has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (2) The term ‘‘individual purchase’’ means a task order, delivery order, or other purchase. (3) The term ‘‘multiple award contract’’ means— (A) a contract that is entered into by the Administrator of G eneral 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 303 H through 303 K 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 an executive agency with 2 or more sources pursuant to the same solici- tation. (4) The term ‘‘sole source task or delivery order’’ means any order that does not follow the competitive procedures in subsection (b)(2) or (b)(3). (e) APPLIC A BILIT Y .—The regulations required by subsection (a) shall apply to all individual purchases of property or services that are made under multiple award contracts on or after the effective date of such regulations, without regard to whether the multiple award contracts were entered into before, on, or after such effective date. (f) REPEAL OF REDUNDANT PRO V ISION.—Section 8 03 of the National Defense Authorization Act for Fiscal Y ear 2002 (Public L aw 10 7– 107; 10 U.S.C. 2304 note) is repealed. Publicat i on.De a d line. Deadline.
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