Page:United States Statutes at Large Volume 112 Part 2.djvu/728

 112 STAT. 1612 PUBLIC LAW 105-244 —OCT. 7, 1998 "(B) INFORMATION SUBMITTED BY OFFERORS.— Each offeror for the procurement shall submit basic information, such as information on the offeror's qualifications, the proposed conceptual approach, costs likely to be associated with the proposed conceptual approach, and past performance of the offeror on Federal Government contracts, together with any additional information that is requested by the contracting officer. "(C) SELECTION FOR SECOND PHASE. —The contracting officer shall select the offerors that are to be eligible to participate in the second phase of the process. The contracting officer shall limit the number of the selected offerors to the number of sources that the contracting officer determines is appropriate and in the best interests of the Federal Government. "(3) SECOND PHASE.— "(A) IN GENERAL.— The contracting officer shall conduct the second phase of the source selection process in accordsince with sections 303A and 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a and 253b). "(B) ELIGIBLE PARTICIPANTS.—Only the sources selected in the first phase of the process shall be eligible to participate in the second phase. "(C) SINGLE OR MULTIPLE PROCUREMENTS.— The second phase may include a single procurement or multiple procurements within the scope, or for the purpose, described in the notice pursuant to paragraph (2)(A). "(4) PROCEDURES CONSIDERED COMPETITIVE.— The procedures used for selecting a source for a procurement under this subsection shall be considered competitive procedures for all purposes. " (e) USE OF SIMPLIFIED PROCEDURES FOR COMMERCIAL ITEMS. — Whenever the PBO anticipates 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— "(1) any dollar limitation otherwise applicable to the use of those procedures; and "(2) 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). "(f) FLEXIBLE WAIT PERIODS AND DEADLINES FOR SUBMISSION OF OFFERS OF NONCOMMERCIAL ITEMS.— "(1) AUTHORITY.—In carrying out a procurement, the PBO may— "(A) apply a shorter waiting period for the issuance of a solicitation after the publication of a notice under section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) than is required under subsection (a)(3)(A) of such section; and "(B) notwithstanding subsection (a)(3) of such section, establish any deadline for the submission of bids or proposals that affords potential offerors a reasonable opportunity to respond to the solicitation. " (2) INAPPUCABILITY TO COMMERCIAL ITEMS. —Paragraph (1) does not apply to a procurement of a commercial item.

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