Page:United States Statutes at Large Volume 124.djvu/3773

 124 STAT. 3747 PUBLIC LAW 111–350—JAN. 4, 2011 (B) afford all contractors responding to the notice a fair opportunity to make an offer and have that offer fairly considered by the official making the purchase. (3) EXCEPTION TO NOTICE REQUIREMENT.— (A) IN GENERAL.—Notwithstanding paragraph (2), and subject to subparagraph (B), notice may be provided to fewer than all contractors offering the property or services under a multiple award contract as described in subsection (a)(3)(A) if notice is provided to as many contractors as practicable. (B) LIMITATION ON EXCEPTION.—A purchase may not be made pursuant to a notice that is provided to fewer than all contractors under subparagraph (A) unless— (i) offers were received from at least 3 qualified contractors; or (ii) a contracting officer of the executive agency deter- mines in writing that no additional qualified contrac- tors were able to be identified despite reasonable efforts to do so. (d) PUBLIC NOTICE REQUIREMENTS RELATED TO SOLE SOURCE TASK OR DELIVERY ORDERS.— (1) PUBLIC NOTICE REQUIRED.—The Federal Acquisition Regu- lation shall require the head of each executive agency to— (A) publish on FedBizOpps notice of all sole source task or delivery orders in excess of the simplified acquisition threshold that are placed against multiple award contracts not later than 14 days after the orders are placed, except in the event of extraordinary circumstances or classified orders; and (B) disclose the determination required by subsection (c)(1) related to sole source task or delivery orders in excess of the simplified acquisition threshold placed against mul- tiple award contracts through the same mechanism and to the same extent as the disclosure of documents con- taining a justification and approval required by section 2304(f)(1) of title 10 and section 3304(e)(1) of this title, except in the event of extraordinary circumstances or classi- fied orders. (2) EXEMPTION.—This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5. (e) APPLICABILITY.—The regulations required by subsection (b) shall apply to all individual purchases of property or services that are made under multiple award contracts on or after the effective date of the regulations, without regard to whether the multiple award contracts were entered into before, on, or after the effective date. § 3303. Exclusion of particular source or restriction of solici- tation to small business concerns (a) EXCLUSION OF PARTICULAR SOURCE.— (1) CRITERIA FOR EXCLUSION.—An executive agency may pro- vide for the procurement of property or services covered by section 3301 of this title using competitive procedures but excluding a particular source to establish or maintain an alter- native source of supply for that property or service if the agency head determines that to do so would—