Sec. 1811. Planning and solicitation generally
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The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A (as added by section 801 of Public Law 115–232 ), of title 10, United States Code, are amended by striking the items relating to chapters 221 and 223 and inserting the following: 221. Planning and Solicitation Generally 3201 222. Independent Cost Estimation and Cost Analysis 3221 223. Other Provisions Relating to Planning and Solicitation Generally 3241 225. Planning and Solicitation Relating to Particular Items or Services 3271 .
Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by striking chapters 221 and 223 and inserting the following: Sec. 3201. Full and open competition. 3202. Reserved . 3203. Exclusion of particular source or restriction of solicitation to small business concerns. 3204. Use of procedures other than competitive procedures. 3205. Simplified procedures for small purchases. 3206.
Planning and solicitation requirements. 3207. Assessment before contract for acquisition of supplies is entered into. 3208. Planning for future competition in contracts for major systems. . Chapter 221 of title 10, United States Code, as amended by subsection (b), is amended by adding after the table of sections the following new section: . Subsection
(a)of section 2304 of title 10, United States Code, is transferred to section 3201 of such title, as added by paragraph (1), inserted after the section heading, and amended— by redesignating paragraph
(2)as subsection (b); by striking
(1)Except as provided in subsections (b), (c), and (g), and inserting ; In general.— Except as provided in sections 3203, 3204(a), and 3205 of this title, by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; in paragraph (1), as so redesignated, by striking this chapter and inserting this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901 4501, and 4502 of this title ; and in subsection (b), as redesignated by subparagraph (A)— by inserting before Determination of appropriate competitive procedures.— In determining ; by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; in paragraph (1), as so redesignated, by redesignating clauses (i), (ii), (iii), and
(iv)as subparagraphs (A), (B), (C), and (D), respectively; and in paragraph (2), as so redesignated, by striking clause
(A)and inserting paragraph
(1). Subsection
(j)of such section 2304 is transferred to such section 3201, inserted after subsection (b), as transferred and redesignated by paragraph (2), redesignated as subsection (c), and amended by inserting before Efficient fulfillment of government requirements.— The Federal . Subsection
(h)of such section 2304 is transferred to such section 3201, inserted after subsection (c), as transferred and redesignated by paragraph (3), redesignated as subsection (d), and amended by inserting before Certain purchases or contracts to be treated as if made with sealed-bid procedures.— For the purposes . Subsection
(k)of such section 2304 is transferred to such section 3201, inserted after subsection (d), as transferred and redesignated by paragraph (4), redesignated as subsection (e), and amended— by striking the subsection designation and all that follows through section 2303(a) in paragraph
(1)and inserting the following: It is the policy of Congress that an agency named in section 3063 ; by moving paragraphs (2), (3), and
(4)two ems to the right; by switching paragraphs
(2)and
(3)and redesignating them accordingly; in paragraph (2), as so redesignated by subparagraph (C), by inserting before New contract described.— For purposes of ; in paragraph (3), as so redesignated by subparagraph (C), by inserting before Provision of law described.— A provision of ; and in paragraph (4)— by inserting before Exception.— This subsection ; and by striking section 2303(a) and inserting section 3063 . Chapter 221 of title 10, United States Code, as amended by subsection (b), is amended by adding after section 3201, as added by subsection (c), the following new sections: . Subsection
(b)of section 2304 of title 10, United States Code, is transferred to section 3203 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— by striking the subsection designation and all that follows through may provide for the first place it appears and inserting the following: The head of an agency may provide for ; by striking covered by this chapter in the matter preceding subparagraph
(A)and inserting covered by chapter 137 legacy provisions ; by indenting subparagraphs
(A)through
(F)of paragraph
(1)four ems from the left margin; by redesignating paragraph
(2)as subsection
(b)and in that subsection— inserting before Exclusion of other than small business concerns.— The head of ; and striking this section and inserting chapter 137 legacy provisions ; by redesignating paragraph
(3)as subsection
(c)and in that subsection— inserting before Inapplicability of justification and approval requirements.— A contract ; and striking subsection (f)(1) and inserting section 3204(e)(1) of this title ; and by transferring paragraph
(4)to the end of subsection (a), as so redesignated, redesignating such paragraph as paragraph (2), indenting such paragraph two ems from the left margin, and inserting before Determination for class disallowed.— A determination . Subsection
(c)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— by inserting before When procedures other than competitive procedures may be used.— The head of an agency may use ; in paragraph (3)— by striking in order
(A)to maintain and inserting in order— to maintain ; by striking industrial mobilization,
(B)to establish and inserting industrial mobilization— to establish ; by striking development center, or
(C)to procure and inserting development center— to procure ; in paragraph (5), by striking subsection
(k)and inserting section 3201(e) of this title ; and in paragraph (7), by inserting (who may not delegate the authority under this paragraph) after the head of the agency . Subsection
(d)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (a), as transferred and redesignated by paragraph (3), redesignated as subsection (b), and amended— by striking
(1)For the purposes and inserting ; Property or services considered to be available from only one source.— For the purposes by striking subsection (c)(1) and inserting subsection (a)(1) ; by striking paragraph (2); and by redesignating paragraph
(3)as subsection
(c)and in that subsection— by striking
(A)The contract period and inserting Property or services needed with unusual and compelling urgency.— The contract period ; by redesignating subparagraph
(B)as paragraph (2), indenting that paragraph two ems from the left margin, and striking this paragraph and inserting ; and Applicability of allowable contract period.— This subsection in paragraph (1), as designated by clause (i)— by striking subparagraph
(B)and subsection (c)(2) and inserting paragraph
(2)and subsection (a)(2) , respectively; and by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively, redesignating subclauses
(I)and
(II)of such subparagraph
(A)as clauses
(i)and (ii), respectively, and moving such subparagraphs two ems to the right. Subsection
(e)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by subparagraph (A), inserted after subsection (c), as transferred and redesignated by subparagraph (D), redesignated as subsection (d), and amended— by inserting ; and Offer requests to potential sources.— The head of by striking subsection (c)(2) or (c)(6) and inserting paragraph
(2)or
(6)of subsection
(a). Subsection
(f)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (d), as transferred and redesignated by paragraph (5), redesignated as subsection (e), and amended— by striking
(1)Except as provided in paragraph
(2)and paragraph
(6)and inserting Justification for use of procedures other than competitive procedures.— Except as provided in paragraphs (3), (4), and (7), ; by moving subparagraphs (A), (B), and
(C)of paragraph
(1)two ems to the right; by switching paragraphs
(2)and
(3)and redesignating those paragraphs accordingly; in paragraph (2), as so redesignated, by inserting before Elements of justification.— The justification ; in paragraph (3), as so redesignated— by inserting before Justification and approval allowed after contract awarded.— In the case of ; and by striking subsection (c)(2) in the first sentence and inserting subsection (a)(2) ; by redesignating paragraphs (4), (5), and
(6)as paragraphs (5), (6), and (7), respectively; by designating the second sentence of paragraph (3), as redesignated by subparagraph (C), as paragraph
(4)and in that paragraph— by inserting before Justification and approval not required.— The justification and approval ; in subparagraph (C), by striking subsection (c)(7) and inserting subsection (a)(7) ; and in subparagraph (E), by striking subsection (c)(4) and inserting subsection (a)(4) ; in paragraph (5), as redesignated by subparagraph (F)— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and moving those clauses two ems to the right; by striking In no case and inserting Restrictions on agencies.— In no case ; in subparagraph (A)(ii), as so redesignated, by striking this chapter and inserting chapter 137 legacy provisions ; and by designating the sentence beginning The restriction contained as subparagraph
(B)and by striking clause
(B)in that sentence and inserting subparagraph (A)(ii) ; in paragraph (6), as redesignated by subparagraph (F), by striking
(A)The authority and inserting ; Limitation on delegations of authority under paragraph (1)(B).—
(A)The authority in paragraph (7), as redesignated by subparagraph (F), by inserting before Justification and approval not required for Phase III SBIR award. — The justification ; and by moving such paragraphs
(2)through
(7)two ems to the right. Subsection
(l)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (e), as transferred and redesignated by paragraph (6), redesignated as subsection (f), and amended— by striking (1)(A) Except as provided in and inserting Public availability of justification and approval required for using procedures other than competitive procedures.— Except as provided in ; in paragraph (1)(A), by striking subsection
(c)and subsection (f)(1) and inserting subsection
(a)and subsection (e)(1) , respectively; by indenting subparagraph
(B)of paragraph
(1)four ems from the left margin and in that subparagraph— by inserting before Within 30 days after contract award.— In the case of ; and by striking subsection (c)(2) and inserting subsection (a)(2) ; by indenting paragraphs
(2)and
(3)two ems from the left margin; in paragraph (2), by inserting before Availability on websites.— The documents ; and in paragraph (3), by inserting before Exception.— This subsection . Subsection
(i)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (f), as transferred and redesignated by paragraph (7), redesignated as subsection (g), and amended— by striking
(1)The Secretary and inserting Regulations with respect to negotiation of prices.— The Secretary ; in paragraph (1), by striking , as defined in section 2302(2) of this title ; and by moving paragraphs
(2)and
(3)two ems to the right. Subsection
(g)of section 2304 of title 10, United States Code, is transferred to section 3205 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— by striking
(1)in order to and inserting ; Authorization. —In order to by redesignating paragraphs (2), (3), and
(4)as subsections (b), (c), and (d), respectively; by redesignating subparagraphs
(A)and
(B)in subsection
(a)as paragraphs
(1)and (2), respectively; in subsection (b), as redesignated by subparagraph (B)— by inserting before Prohibition on dividing contracts.— A proposed ; and by striking paragraph
(1)and inserting subsection
(a); in subsection (c), as redesignated by subparagraph (B), by inserting before Promotion of competition.— In using ; and in subsection (d), as redesignated by subparagraph (B), by inserting before Compliance with special requirements of Federal acquisition regulation.— The head of . Such chapter is further amended by adding at the end the following new section: . Subsection
(a)of section 2305 of title 10, United States Code, is transferred to section 3206 of such title, as added by paragraph (1), and inserted after the section heading, and paragraphs (2), (3), (4), and
(5)thereof are redesignated as subsections (b), (c), (d), and (e), respectively. Subsection
(a)of such section 3206, as transferred by paragraph (2), is amended— by redesignating subparagraphs
(B)and
(C)as paragraphs
(2)and (3), respectively; in paragraph (2), as so redesignated— by inserting before Requirements of specifications.— Each solicitation ; by striking under this chapter after Each solicitation and inserting under chapter 137 legacy provisions ; by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; and in subparagraph (A), as so redesignated, by striking of this chapter and inserting of chapter 137 legacy provisions ; in paragraph (3), as so redesignated— by inserting before Types of specifications.— For the purposes ; and by redesignating clauses (i), (ii), and
(ii)as subparagraphs (A), (B), and (C), respectively; by moving such paragraphs
(2)and
(3)two ems to the right; and in paragraph (1)— by striking (1)(A) In preparing for and inserting Planning and specifications.— In preparing for ; by redesignating clauses (i), (ii), and
(ii)as subparagraphs (A), (B), and (C), respectively; and by moving such subparagraphs two ems to the right. Subsection
(b)of such section 3206, as redesignated by paragraph (2), is amended— in the matter preceding subparagraph (A)— by inserting before Contents of solicitation.— In addition to ; and by striking paragraph
(1)and inserting subsection
(a); by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; by redesignating clauses
(i)and
(ii)of paragraphs
(1)and
(2)(as so redesignated) as subparagraphs
(A)and (B), respectively; and in subparagraphs
(A)and
(B)of such paragraph (2), as so redesignated, by redesignating subclauses
(I)and
(II)as clauses
(i)and (ii), respectively. Subsection
(c)of such section 3206, as redesignated by paragraph (2), is amended— by striking
(A)In prescribing the and inserting Evaluation factors.— In prescribing the ; by redesignating subparagraphs (B), (C), (D), and
(E)as paragraphs (2), (3), (4), and (5), respectively, and moving those paragraphs two ems to the right; in paragraph (1), as designated by subparagraph (A)— by redesignating clauses (i), (ii), and
(iii)as subparagraphs (A), (B), and (C), respectively, and moving those paragraphs two ems to the right; by redesignating subclauses (I), (II), and
(III)of subparagraph
(C)(as so redesignated) as clauses (i), (ii), and (iii), respectively; and by striking subparagraph
(C)both places it appears and inserting paragraph
(3); in paragraph (2), as redesignated by subparagraph (B)— by inserting before Restriction on implementing regulations.— The regulations implementing ; and by striking clause
(iii)of subparagraph
(A)and inserting paragraph (1)(C) ; in paragraph (3), as redesignated by subparagraph (B)— by inserting before Exceptions for certain multiple task or delivery order contracts.— If the head of ; by striking section 2304a(d)(1)(B) and inserting section 3403(d)(1)(B) ; by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in subparagraph (A), as so redesignated, by striking clause
(ii)of subparagraph
(A)and inserting paragraph (1)(B) and in subparagraph (B), as so redesignated— by striking clause
(i)in the matter preceding subclause
(I)and inserting subparagraph
(A); by redesignating subclauses
(I)and
(II)as clauses
(i)and (ii), respectively; in clause (i), as so redesignated, by striking clause
(iii)of subparagraph
(A)and inserting paragraph (1)(C) ; and in clause (ii), as so redesignated, by striking section 2304c(b) and inserting section 3406(c) ; in paragraph (4), as redesignated by subparagraph (B)— by inserting before Definition.— In subparagraph ; by striking subparagraph
(C)and inserting paragraph
(3); and by redesignating clauses (i), (ii), and
(iii)as subparagraphs (A), (B), and (C), respectively; and in paragraph (5), as redesignated by subparagraph (B), by striking Subparagraph
(C)and inserting . Exclusion of applicability to certain contracts.— Paragraph
(3)Subsection
(d)of such section 3206, as redesignated by paragraph (2), is amended— by inserting before Additional information in solicitation.— Nothing in ; by striking this subsection and inserting this section ; and by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. Subsection
(e)of such section 3206, as redesignated by paragraph (2), is amended by inserting before Limitation on evaluation of purchase options.— The head of . Such chapter is further amended by adding at the end the following new section: . Subsection
(c)of section 2305 of title 10, United States Code, is transferred to section 3207 of such title, as added by paragraph (1), inserted after the section heading, and amended by striking the subsection designation. Such chapter is further amended by adding at the end the following new section: . Subsection
(d)of section 2305 of title 10, United States Code, is transferred to section 3208 of such title, as added by paragraph (1), inserted after the section heading, and redesignated as subsection (a), and paragraphs (2), (3), and
(4)thereof are redesignated as subsections (b), (c), and (d), respectively. Subsection
(a)of such section 3208, as transferred and redesignated by paragraph (2), is amended— by striking (1)(A) The Secretary and inserting Development contract.— The Secretary ; by striking subparagraph
(B)in the first sentence and inserting paragraph
(2); by redesignating subparagraph
(B)as paragraph
(2)and clauses
(i)and
(ii)thereof as subparagraphs
(A)and (B), respectively; and in paragraph (2), as so redesignated— by inserting before Contents of proposals.— Proposals referred to ; and by striking subparagraph
(A)and inserting paragraph
(1). Subsection
(b)of such section 3208, as redesignated by paragraph (2), is amended— by striking
(A)The Secretary and inserting Production contract.— The Secretary ; by striking subparagraph
(B)in the first sentence and inserting paragraph
(2); by redesignating subparagraph
(B)as paragraph
(2)and clauses
(i)and
(ii)thereof as subparagraphs
(A)and (B), respectively; and in paragraph (2), as so redesignated— by inserting before Contents of proposals.— Proposals referred to ; and by striking subparagraph
(A)and inserting paragraph
(1). Subsection
(c)of such section 3208, as redesignated by paragraph (2), is amended— by inserting before Consideration of factors as objectives in negotiations.— If the head of ; and by striking paragraphs
(1)and
(2)and inserting subsections
(a)and
(b). Subsection
(d)of such section 3208, as redesignated by paragraph (2), is amended— by striking
(A)Whenever the head of and inserting Items developed exclusively at private expense.— Whenever the head of ; by redesignating subparagraph
(B)as paragraph (2), inserting before Evaluation.— In considering , and indenting that paragraph two ems from the left margin; by redesignating clauses
(i)and
(ii)of paragraph
(1)as subparagraphs
(A)and (B), respectively, and indenting those subparagraphs four ems from the left margin; and by striking paragraph (1)(B) or (2)(B) both places it appears and inserting subsection (a)(2) or (b)(2) .
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Sec. 1811
Planning and solicitation generally
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