§393 Special Streamlined Acquisition Authority

Summary

The Secretary can use special, faster buying rules for any purchase made from the day this chapter takes effect until September 30, 2007, if the Secretary writes that the Department’s mission would be seriously harmed without them. The Secretary cannot let someone who was not appointed by the President and confirmed by the Senate make that decision. Within 7 days after any such written decision, the Secretary must notify the House Committee on Government Reform and the Senate Committee on Governmental Affairs and give the reasons. The Secretary can name certain employees to make these purchases with a $7,500 per-purchase limit under section 1902 of title 41. The named employees must be fewer than the current number allowed to buy without competitive quotes, must be spread out to cover locations that could be terrorist targets, and must be limited so supervisors can watch them closely. A supervisor must review purchases at least monthly and may oversee no more than 7 such employees. For these purchases the simplified acquisition threshold may be set at $200,000 inside the United States and $300,000 outside. Items or services may be treated as commercial, and the $5,000,000 limits in certain title 41 provisions are treated as $7,500,000 for these buys. If a related authority would otherwise expire under section 4202(e) of the Clinger-Cohen Act of 1996, it still applies for these purchases. Not later than 180 days after the end of fiscal year 2005, the Comptroller General must send a report to the same two committees covering how the purchases helped the Department’s mission, whether prices reflected best value, the number of designated employees by agency, how monitoring rules were followed, and any recommendations.