SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY.

(a) Authority.--

(1) In general.--The Secretary may use the

authorities set forth in this section with respect to

any procurement made during the period beginning on the

effective date of this Act and ending September 30,

2007, if the Secretary determines in writing that the

mission of the Department (as described in section 101)

would be seriously impaired without the use of such

authorities.

(2) Delegation.--The authority to make the

determination described in paragraph (1) may not be

delegated by the Secretary to an officer of the

Department who is not appointed by the President with

the advice and consent of the Senate.

(3) Notification.--Not later than the date that is

7 days after the date of any determination under

paragraph (1), the Secretary shall submit to the

Committee on Government Reform of the House of

Representatives and the Committee on Governmental

Affairs of the Senate--

(A) notification of such determination; and

(B) the justification for such determination.

(b) Increased Micro-Purchase Threshold For Certain

Procurements.--

(1) In general.--The Secretary may designate

certain employees of the Department to make

procurements described in subsection (a) for which in

the administration of section 32 of the Office of

Federal Procurement Policy Act (41 U.S.C. 428) the

amount specified in subsections (c), (d), and (f) of

such section 32 shall be deemed to be $7,500.

(2) Number of employees.--The number of employees

designated under paragraph (1) shall be--

(A) fewer than the number of employees of

the Department who are authorized to make

purchases without obtaining competitive

quotations, pursuant to section 32(c) of the

Office of Federal Procurement Policy Act (41

U.S.C. 428(c));

(B) sufficient to ensure the geographic

dispersal of the availability of the use of the

procurement authority under such paragraph at

locations reasonably considered to be potential

terrorist targets; and

(C) sufficiently limited to allow for the

careful monitoring of employees designated

under such paragraph.

(3) Review.--Procurements made under the authority

of this subsection shall be subject to review by a

designated supervisor on not less than a monthly basis.

The supervisor responsible for the review shall be

responsible for no more than 7 employees making

procurements under this subsection.

(c) Simplified Acquisition Procedures.--

(1) In general.--With respect to a procurement

described in subsection (a), the Secretary may deem the

simplified acquisition threshold referred to in section

4(11) of the Office of Federal Procurement Policy Act

(41 U.S.C. 403(11)) to be--

(A) in the case of a contract to be awarded

and performed, or purchase to be made, within

the United States, $200,000; and

(B) in the case of a contract to be awarded

and performed, or purchase to be made, outside

of the United States, $300,000.

* * * * * * *

(d) Application of Certain Commercial Items Authorities.--

(1) In general.--With respect to a procurement

described in subsection (a), the Secretary may deem any

item or service to be a commercial item for the purpose

of Federal procurement laws.

(2) Limitation.--The $5,000,000 limitation provided

in section 31(a)(2) of the Office of Federal

Procurement Policy Act (41 U.S.C. 427(a)(2)) and

section 303(g)(1)(B) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C.

253(g)(1)(B)) shall be deemed to be $7,500,000 for

purposes of property or services under the authority of

this subsection.

(3) Certain authority.--Authority under a provision

of law referred to in paragraph (2) that expires under

section 4202(e) of the Clinger-Cohen Act of 1996

(divisions D and E of Public Law 104-106; 10 U.S.C.

2304 note) shall, notwithstanding such section,

continue to apply for a procurement described in

subsection (a).

(e) Report.--Not later than 180 days after the end of

fiscal year 2005, the Comptroller General shall submit to the

Committee on Governmental Affairs of the Senate and the

Committee on Government Reform of the House of Representatives

a report on the use of the authorities provided in this

section. The report shall contain the following:

(1) An assessment of the extent to which property

and services acquired using authorities provided under

this section contributed to the capacity of the Federal

workforce to facilitate the mission of the Department

as described in section 101.

(2) An assessment of the extent to which prices for

property and services acquired using authorities

provided under this section reflected the best value.

(3) The number of employees designated by each

executive agency under subsection (b)(1).

(4) An assessment of the extent to which the

Department has implemented subsections (b)(2) and

(b)(3) to monitor the use of procurement authority by

employees designated under subsection (b)(1).

(5) Any recommendations of the Comptroller General

for improving the effectiveness of the implementation

of the provisions of this section.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 161 / 282 题