U.S Code last checked for updates: May 01, 2024
§ 657q.
Consolidation of contract requirements
(a)
Definitions
In this section—
(1)
the term “Chief Acquisition Officer” means the employee of a Federal agency appointed or designated as the Chief Acquisition Officer for the Federal agency under section 1702(a) of title 41;
(2)
the term “consolidation of contract requirements”, with respect to contract requirements of a Federal agency, means a use of a solicitation to obtain offers for a single contract or a multiple award contract—
(A)
to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; or
(B)
to satisfy requirements of the Federal agency for construction projects to be performed at 2 or more discrete sites; and
(3)
the term “senior procurement executive” means an official designated under section 1702(c) of title 41 as the senior procurement executive for a Federal agency.
(b)
Policy
(c)
Limitation on use of acquisition strategies involving consolidation
(1)
In general
The head of a Federal agency may not carry out an acquisition strategy that includes a consolidation of contract requirements of the Federal agency with a total value of more than $2,000,000, unless the senior procurement executive or Chief Acquisition Officer for the Federal agency, before carrying out the acquisition strategy—
(A)
conducts market research;
(B)
identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements;
(C)
makes a written determination that the consolidation of contract requirements is necessary and justified;
(D)
identifies any negative impact by the acquisition strategy on contracting with small business concerns; and
(E)
ensures that steps will be taken to include small business concerns in the acquisition strategy.
(2)
Determination that consolidation is necessary and justified
(A)
In general
(B)
Savings in administrative or personnel costs
(C)
Notice
(3)
Benefits to be considered
The benefits considered for the purposes of paragraphs (1) and (2) may include cost and, regardless of whether quantifiable in dollar amounts—
(A)
quality;
(B)
acquisition cycle;
(C)
terms and conditions; and
(D)
any other benefit.
(Pub. L. 85–536, § 2[44], as added Pub. L. 111–240, title I, § 1313(a)(2), Sept. 27, 2010, 124 Stat. 2538; amended Pub. L. 112–239, div. A, title XVI, § 1671(a), (b), (c)(2), Jan. 2, 2013, 126 Stat. 2084, 2085; Pub. L. 113–291, div. A, title VIII, § 822(b), Dec. 19, 2014, 128 Stat. 3436; Pub. L. 114–92, div. A, title VIII, § 863(b), (c), Nov. 25, 2015, 129 Stat. 926, 927.)
cite as: 15 USC 657q