Page:United States Statutes at Large Volume 124.djvu/3772

124 STAT. 3746 PUBLIC LAW 111–350—JAN. 4, 2011 (c) EFFICIENT FULFILLMENT OF GOVERNMENT REQUIREMENTS.— The Federal Acquisition Regulation shall ensure that the require- ment to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements. § 3302. Requirements for purchase of property and services pursuant to multiple award contracts (a) DEFINITIONS.—In this section: (1) EXECUTIVE AGENCY.— The term ‘‘executive agency’’ has the same meaning given in section 133 of this title. (2) INDIVIDUAL PURCHASE.—The term ‘‘individual purchase’’ means a task order, delivery order, or other purchase. (3) MULTIPLE AWARD CONTRACT.—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; (B) a multiple award task order contract that is entered into under the authority of sections 2304a to 2304d of title 10, or chapter 41 of this title; and (C) any other indefinite delivery, indefinite quantity con- tract that is entered into by the head of an executive agency with 2 or more sources pursuant to the same solici- tation. (4) SOLE SOURCE TASK OR DELIVERY ORDER.—The term ‘‘sole source task or delivery order’’ means any order that does not follow the competitive procedures in paragraph (2) or (3) of subsection (c). (b) REGULATIONS REQUIRED.—The Federal Acquisition Regulation shall require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts. (c) CONTENT OF REGULATIONS.— (1) IN GENERAL.—The regulations required by subsection (b) shall provide that each individual purchase of property or serv- ices in excess of the simplified acquisition threshold that is made under a multiple award contract shall be made on a competitive basis unless a contracting officer— (A) waives the requirement on the basis of a determina- tion that— (i) one of the circumstances described in paragraphs (1) to (4) of section 4106(c) of this title or section 2304c(b) of title 10 applies to the individual purchase; or (ii) a law expressly authorizes or requires that the purchase be made from a specified source; and (B) justifies the determination in writing. (2) COMPETITIVE BASIS PROCEDURES.—For purposes of this subsection, an individual purchase of property or 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 pro- vided to all contractors offering the property or services under the multiple award contract; and