Page:United States Statutes at Large Volume 124.djvu/3739

 124 STAT. 3713 PUBLIC LAW 111–350—JAN. 4, 2011 (A) under conditions described in paragraph (2), (3), (4), (5), or (7) of section 3304(a) of this title or paragraph (2), (3), (4), (5), or (7) of section 2304(c) of title 10; or (B) for which the head of the executive agency makes a determination in writing, after consultation with the Administrator and the Administrator of the Small Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation. (3) IMPLEMENTATION CONSISTENT WITH INTERNATIONAL AGREEMENTS.—Paragraph (1)(A) shall be implemented in a manner consistent with applicable international agreements. (c) CONTENTS OF NOTICE.—Each notice of solicitation required by paragraph (1) or (2) of subsection (a) shall include— (1) an accurate description of the property or services to be contracted for, which description— (A) shall not be unnecessarily restrictive of competition; and (B) shall include, as appropriate, the agency nomen- clature, National Stock Number or other part number, and a brief description of the item’s form, fit, or function, physical dimensions, predominant material of manufacture, or similar information that will assist a prospective con- tractor to make an informed business judgment as to whether a copy of the solicitation should be requested; (2) provisions that— (A)(i) state whether the technical data required to respond to the solicitation will not be furnished as part of the solicitation; and (ii) identify the source in the Federal Government, if any, from which the technical data may be obtained; and (B)(i) state whether an offeror or its product or service must meet a qualification requirement in order to be eligible for award; and (ii) if so, identify the office from which the qualification requirement may be obtained; (3) the name, business address, and telephone number of the contracting officer; (4) a statement that all responsible sources may submit a bid, proposal, or quotation (as appropriate) that the agency shall consider; (5) in the case of a procurement using procedures other than competitive procedures, a statement of the reason justi- fying the use of those procedures and the identity of the intended source; and (6) in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the simplified acquisition threshold, or a contract for the procurement of commercial items using special simplified procedures— (A) a description of the procedures to be used in awarding the contract; and (B) a statement specifying the periods for prospective offerors and the contracting officer to take the necessary preaward and award actions. (d) ELECTRONIC PUBLICATION OF NOTICE OF SOLICITATION, AWARD, OR ORDER.—A notice of solicitation, award, or order required to be published under subsection (a) shall be published by electronic means. The notice must be electronically accessible in a form that allows convenient and universal user access through the single