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TITLE 41 > CHAPTER 7 > Sec. 416.

Notes on Sec. 416.

SOURCE
Pub. L. 93-400, Sec. 18, as added Pub. L. 98-369, div. B, title VII, Sec. 2732(a), July 18, 1984, 98 Stat. 1195
amended Pub. L. 98-577, title III, Sec. 303(a), Oct. 30, 1984, 98 Stat. 3077
Pub. L. 99-500, Sec. 101(c) (title X, Sec. 922(b), (d)(2)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-151, 1783-152, and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 922(b), (d)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-151, 3341-152
Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 922(b), (d)(2), Nov. 14, 1986, 100 Stat. 3931, 3932
renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273
Pub. L. 101-510, div. A, title VIII, Sec. 806(d), Nov. 5, 1990, 104 Stat. 1592
Pub. L. 103-355, title I, Sec. 1055(b)(1), title IV, Sec. 4201(b), (c), 4202(a)-(c), title VIII, Sec. 8302, title IX, Sec. 9001(b), Oct. 13, 1994, 108 Stat. 3265, 3344, 3398, 3402
Pub. L. 104-106, div. D, title XLI, Sec. 4101(c), title XLII, Sec. 4202(d), title XLIII, Sec. 4310, 4321(h)(3), Feb. 10, 1996, 110 Stat. 642, 654, 670, 675
Pub. L. 105-85, div. A, title VIII, Sec. 850(e)(2), Nov. 18, 1997, 111 Stat. 1849
Pub. L. 105-261, div. A, title X, Sec. 1069(d)(1), Oct. 17, 1998, 112 Stat. 2136
Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 810(a), (b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-209.

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

2000 - Subsec. (a)(1)(A). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 810(a)(1)), substituted ''publish'' for ''furnish for publication by the Secretary of Commerce'' in concluding provisions.

Subsec. (a)(2). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 810(a)(2)), added par. (2) and struck out former par. (2) which read as follows: ''The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1).''

Subsec. (a)(3). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 810(b)), substituted ''publish a notice of solicitation'' for ''furnish a notice to the Secretary of Commerce'' in introductory provisions and struck out ''by the Secretary of Commerce'' after ''notice is published'' in subpar. (A).

Subsec. (a)(7). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 810(a)(3)), added par. (7). 1998 - Subsec. (c)(1)(A)(ii). Pub. L. 105-261 substituted a semicolon for period at end. 1997 - Subsec. (c)(1). Pub. L. 105-85 added subpar. (A), redesignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpars. (A) and (B) which read as follows: ''(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be made through a system with interim FACNET capability certified pursuant to section 426a(a)(1) of this title or with full FACNET capability certified pursuant to section 426a(a)(2) of this title; ''(B

(i)

the proposed procurement is for an amount not greater than $250,000 and is to be made through a system with full FACNET capability certified pursuant to section 426a(a)(2) of this title; and '

(ii)

a certification has been made pursuant to section 426a(b) of this title that Government-wide FACNET capability has been implemented;''. 1996 - Subsec. (a)(1)(B). Pub. L. 104-106, Sec. 4101(c)(B), inserted ''for a price expected to exceed $10,000, but not to exceed $25,000,'' after ''property or services''.

Pub. L. 104-106, Sec. 4101(c)(A), substituted ''subsection (b) of this section; and'' for ''subsection (f) of this section - '' and struck out cls. (i) and (ii) which read as follows: ''(i) in the case of an executive agency other than the Department of Defense, if the contract is for a price expected to exceed $10,000, but not to exceed $25,000; and ''(ii) in the case of the Department of Defense, if the contract is for a price expected to exceed $5,000, but not to exceed $25,000; and''.

Subsec. (a)(6). Pub. L. 104-106, Sec. 4202(d)(1)(A), inserted ''issuance of solicitations and the'' after ''paragraph (3) for the''.

Subsec. (b)(5). Pub. L. 104-106, Sec. 4321(h)(3), inserted ''and'' after ''source;''.

Subsec. (b)(6). Pub. L. 104-106, Sec. 4202(d)(1)(B), substituted ''threshold, or a contract for the procurement of commercial items using special simplified procedures - '' for ''threshold - ''.

Subsec. (c)(1)(E). Pub. L. 104-106, Sec. 4310, inserted '', a task order contract, or a delivery order contract'' after ''requirements contract''. 1994 - Subsec. (a)(1). Pub. L. 103-355, Sec. 4202(a)(1), substituted ''$25,000'' for ''the small purchase threshold'' wherever appearing.

Subsec. (a)(1)(A). Pub. L. 103-355, Sec. 9001(b)(1), substituted ''notice of solicitation'' for ''notice'' in concluding provisions.

Subsec. (a)(3)(B). Pub. L. 103-355, Sec. 4202(a)(2), inserted ''in the case of a contract or order expected to be greater than the simplified acquisition threshold,'' before ''establish a deadline''.

Subsec. (a)(4), (5). Pub. L. 103-355, Sec. 4201(b), (c), added pars. (4) and (5). Subsec. (a)(6). Pub. L. 103-355, Sec. 8302, added par. (6). Subsec. (b)(6). Pub. L. 103-355, Sec. 4202(b), added par. (6).

Subsec. (c)(1)(A) to (E). Pub. L. 103-355, Sec. 4202(c), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as (C) to (E), respectively. Former subpars. (D) and (E) redesignated (F) and (G), respectively.

Subsec. (c)(1)(F). Pub. L. 103-355, Sec. 4202(c)(1), redesignated subpar. (D) as (F). Former subpar. (F) redesignated (H). Pub. L. 103-355, Sec. 1055(b)(1), added subpar. (F).

Subsec. (c)(1)(G), (H). Pub. L. 103-355, Sec. 4202(c)(1), redesignated subpars. (E) and (F) as (G) and (H), respectively.

Subsec. (d). Pub. L. 103-355, Sec. 9001(b)(2), substituted ''a notice of solicitation under subsection (a)'' for ''a notice under subsection (e)'' in first sentence. 1990 - Subsec. (a)(1)(A). Pub. L. 101-510 substituted ''the small purchase threshold; or'' for ''$25,000;'' in cl. (i), substituted ''the small purchase threshold'' for ''$25,000'' and a comma for ''; or'' in cl. (ii), and struck out cl. (iii) which read as follows: ''solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, if there is not a reasonable expectation that at least two offers will be received from responsive and responsible offerors,''.

Subsec. (a)(1)(B), (C). Pub. L. 101-510, Sec. 806(d)(1), substituted ''the small purchase threshold'' for ''$25,000'' wherever appearing. 1986 - Subsec. (a)(1)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 922(b)(1)), and Pub. L. 99-661, Sec. 922(b)(1), amended subpar. (A) identically, substituting ''$25,000'' for ''$10,000'' in cls. (i) and (ii) and adding cl. (iii).

Subsec. (a)(1)(B), (C). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 922(b)(2), (3)), and Pub. L. 99-661, Sec. 922(b)(2), (3), amended par. (1) identically, adding subpar. (B) and redesignating former subpar. (B) as (C). Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 922(d)(2)), and Pub. L. 99-661, Sec. 922(d)(2), amended subsec. (b) identically, substituting ''subparagraph (A) or (B) of subsection (a)(1)'' for ''subsection (a)(1)(A)''. 1984 - Subsec. (a)(1)(A). Pub. L. 98-577 designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(1)(B). Pub. L. 98-577 inserted '', or placing an order referred to in clause (A)(ii) exceeding $25,000,'' before ''shall furnish''.

Subsec. (a)(3)(B). Pub. L. 98-577 designated existing provisions as cl. (i), substituted provisions relating to an order under a basic agreement for former provisions which related to all bids, and added cls. (ii) and (iii).

Subsec. (b)(1). Pub. L. 98-577 designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b)(2). Pub. L. 98-577 added par. (2). Former par. (2), which related to information about the officer or employee of the executive agency who may be contacted for purposes of obtaining a copy of the solicitation, was struck out.

Subsec. (c)(1)(B). Pub. L. 98-577 designated existing provisions as cl. (i) and added cl. (ii). Subsec. (c)(1)(E). Pub. L. 98-577 added subpar. (E). Subsec. (d). Pub. L. 98-577 added subsec. (d)

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-398 effective Oct. 1, 2000, and applicable with respect to solicitations issued on or after that date, see section 1 ((div. A), title VIII, Sec. 810(e)) of Pub. L. 106-398, set out as a note under section 637 of Title 15, Commerce and Trade

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of this title

EFFECTIVE DATE OF 1984 AMENDMENT

Section 303(b) of Pub. L. 98-577 provided that: ''The amendment made by subsection (a) (amending this section) shall take effect with respect to any solicitation issued after March 31, 1985.''

EFFECTIVE DATE

Section applicable to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note under section 251 of this title

IMPLEMENTATION OF AMENDMENT BY PUB. L. 105-85

Amendment by Pub. L. 105-85 to be implemented in a manner consistent with any applicable international agreements, see section 850(e)(3) of Pub. L. 105-85, set out as a note under section 637 of Title 15, Commerce and Trade

APPLICABILITY TO TENNESSEE VALLEY AUTHORITY

Section 303(c) of Pub. L. 98-577 provided that: ''The provisions of the amendments made by subsection (a) of this section (amending this section) shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds.''

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 253, 253i, 253j, 427 of this title; title 10 sections 2304, 2304b, 2304c; title 15 section 637; title 20 section 1018a

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