Page:United States Statutes at Large Volume 124.djvu/3775

 124 STAT. 3749 PUBLIC LAW 111–350—JAN. 4, 2011 litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, adminis- trative tribunal, or agency, whether or not the expert is expected to testify; or (D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify; (4) the terms of an international agreement or treaty between the Federal Government and a foreign government or an inter- national organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for that government, have the effect of requiring the use of procedures other than competitive procedures; (5) subject to section 3105 of this title, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial item for author- ized resale; (6) the disclosure of the executive agency’s needs would com- promise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or (7) the head of the executive agency (who may not delegate the authority under this paragraph)— (A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned; and (B) notifies Congress in writing of that determination not less than 30 days before the award of the contract. (b) PROPERTY OR SERVICES DEEMED AVAILABLE FROM ONLY ONE SOURCE.—For the purposes of subsection (a)(1), in the case of— (1) a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services are deemed to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept, the substance of which is not otherwise available to the Federal Government and does not resemble the substance of a pending competitive procurement; or (2) a follow-on contract for the continued development or production of a major system or highly specialized equipment, the property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures when it is likely that award to a source other than the original source would result in— (A) substantial duplication of cost to the Federal Govern- ment that is not expected to be recovered through competi- tion; or (B) unacceptable delay in fulfilling the executive agency’s needs. (c) PROPERTY OR SERVICES NEEDED WITH UNUSUAL AND COMPEL- LING URGENCY.— (1) ALLOWABLE CONTRACT PERIOD.—The contract period of a contract described in paragraph (2) that is entered into by an executive agency pursuant to the authority provided under subsection (a)(2)—