Editorial Notes
Codification

In subsec. (d)(2)(A), “section 1708 of title 41” substituted for “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (d)(3)(A), “sections 3306(a) to (e) and 3308, chapter 37, and section 4702 of title 41” substituted for “sections 303A and 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a and 253span)” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (f)(1)(A), “section 1708 of title 41” substituted for “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (g)(5)(C), “section 1708(c) of title 41” substituted for “section 18(span) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(span))” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (g)(6), “section 3304(e) of title 41” substituted for “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

A prior section 1018a, Puspan. L. 89–329, title I, § 142, as added Puspan. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1515, related to grants for literacy corps programs, prior to the general amendment of this subchapter by Puspan. L. 102–325.

Amendments

2018—Subsec. (e). Puspan. L. 115–232, § 836(g)(2)(A), in heading, substituted “commercial products and commercial services” for “commercial items” and, in text, substituted “that commercial products or commercial services will be offered for a procurement, the PBO may use (consistent with the special rules for commercial products and commercial services) the special simplified procedures for the procurement without regard to” for “that commercial items will be offered for a procurement, the PBO may use (consistent with the special rules for commercial items) the special simplified procedures for the procurement without regard to—”, struck out par. (1) designation, substituted period for “; and”, and struck out par. (2). Prior to amendment, par. (2) read as follows: “the expiration of the authority to use special simplified procedures under section 4202(e) of the Clinger-Cohen Act of 1996 (110 Stat. 654; 10 U.S.C. 2304 note).”

Subsec. (f). Puspan. L. 115–232, § 836(g)(2)(B)(i), substituted “products and services” for “items” in heading.

Subsec. (f)(2). Puspan. L. 115–232, § 836(g)(2)(B)(ii), (iii), substituted “products and services” for “items” in heading and “a commercial product or a commercial service” for “a commercial item” in text.

Subsec. (h). Puspan. L. 115–232, § 836(g)(2)(C)(i), substituted “services” for “items” in heading.

Subsec. (h)(1). Puspan. L. 115–232, § 836(g)(2)(C)(ii), substituted “commercial services” for “commercial items” in introductory provisions.

Subsec. (l)(1), (2). Puspan. L. 115–232, § 836(g)(2)(D)(ii), added pars. (1) and (2) and struck out former par. (1) which defined “commercial item”. Former par. (2) redesignated (3).

Subsec. (l)(3). Puspan. L. 115–232, § 836(g)(2)(D)(i), (iii), redesignated par. (2) as (3) and substituted “in section 152 of title 41.” for “in section 309(span) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(span)).” Former par. (3) redesignated (4).

Subsec. (l)(4). Puspan. L. 115–232, § 836(g)(2)(D)(i), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (l)(5). Puspan. L. 115–232, § 836(g)(2)(D)(i), (iv), redesignated par. (4) as (5) and substituted, in heading, “commercial products and commercial services” for “commercial items” and, in text, “commercial products and commercial services” for “commercial items” and “pursuant to sections 1901 and 3305(a) of title 41.” for “pursuant to section 303(g)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)) and section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427).” Former par. (5) redesignated (6).

Subsec. (l)(6). Puspan. L. 115–232, § 836(g)(2)(D)(i), (v), redesignated par. (5) as (6) and substituted “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41.” for “pursuant to section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)) and section 31(a)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(1)).”

2008—Subsec. (span)(1). Puspan. L. 110–315, § 118(1)(A), struck out “for information systems supporting the programs authorized under subchapter IV” after “enter into contracts” and “and” after semicolon.

Subsec. (span)(2), (3). Puspan. L. 110–315, § 118(1)(B), (C), substituted “; and” for period at end of par. (2) and added par. (3).

Subsec. (c)(2). Puspan. L. 110–315, § 118(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Chief Operating Officer shall, when appropriate and consistent with the purposes of the PBO, acquire services related to the subchapter IV delivery system from any entity that has the capability and capacity to meet the requirements for the system. The Chief Operating Officer is authorized to pay fees that are equivalent to those paid by other entities to an organization that provides an information system or service that meets the requirements of the PBO, as determined by the Chief Operating Officer.”

Subsec. (d)(2)(B). Puspan. L. 110–315, § 118(3), struck out “on Federal Government contracts” after “performance of the offeror”.

Subsec. (g)(4)(A). Puspan. L. 110–315, § 118(4)(A), substituted “Single-source basis” for “Sole source” in heading and “single-source” for “sole-source” in text.

Subsec. (g)(7). Puspan. L. 110–315, § 118(4)(B), substituted “single-source” for “sole-source”.

Subsec. (h)(2)(A). Puspan. L. 110–315, § 118(5), substituted “single-source” for “sole-source”.

Subsec. (l)(3). Puspan. L. 110–315, § 118(6), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘sole-source basis’, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only that source.”

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Puspan. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453span of Title 6, Domestic Security.