Page:United States Statutes at Large Volume 124.djvu/3740

 124 STAT. 3714 PUBLIC LAW 111–350—JAN. 4, 2011 Government-wide point of entry designated in the Federal Acquisi- tion Regulation. (e) TIME LIMITATIONS.— (1) ISSUING NOTICE OF SOLICITATION AND ESTABLISHING DEAD- LINE FOR SUBMITTING BIDS AND PROPOSALS.—An executive agency required by subsection (a)(2) to publish a notice of solicitation may not— (A) issue the solicitation earlier than 15 days after the date on which the notice is published; or (B) in the case of a contract or order expected to be greater than the simplified acquisition threshold, establish a deadline for the submission of all bids or proposals in response to the notice required by subsection (a)(2) that— (i) in the case of a solicitation for research and development, is earlier than 45 days after the date the notice required for a bid or proposal for a contract described in subsection (a)(2)(A) is published; (ii) in the case of an order under a basic agreement, basic ordering agreement, or similar arrangement, is earlier than 30 days after the date the notice required for an order described in subsection (a)(2)(B) is pub- lished; or (iii) in any other case, is earlier than 30 days after the date the solicitation is issued. (2) ESTABLISHING DEADLINE WHEN NONE PROVIDED BY STATUTE.—An executive agency shall establish a deadline for the submission of all bids or proposals in response to a solicita- tion for which a deadline is not provided by statute. Each deadline for the submission of offers shall afford potential offerors a reasonable opportunity to respond. (3) FLEXIBLE DEADLINES.—The Administrator shall prescribe regulations defining limited circumstances in which flexible deadlines can be used under paragraph (1) for the issuance of solicitations and the submission of bids or proposals for the procurement of commercial items. (f) CONSIDERATION OF CERTAIN TIMELY RECEIVED OFFERS.—An executive agency intending to solicit offers for a contract for which a notice of solicitation is required to be posted under subsection (a)(1) shall ensure that contracting officers consider each responsive offer timely received from an offeror. (g) AVAILABILITY OF COMPLETE SOLICITATION PACKAGE AND PAY- MENT OF FEE.—An executive agency shall make available to a business concern, or the authorized representative of a concern, the complete solicitation package for any on-going procurement announced pursuant to a notice of solicitation under subsection (a). An executive agency may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of the package. § 1709. Contracting functions performed by Federal per- sonnel (a) COVERED PERSONNEL.—Personnel referred to in subsection (b) are— (1) an employee, as defined in section 2105 of title 5; (2) a member of the armed forces; and (3) an individual assigned to a Federal agency pursuant to subchapter VI of chapter 33 of title 5.