Page:United States Statutes at Large Volume 124.djvu/3788

 124 STAT. 3762 PUBLIC LAW 111–350—JAN. 4, 2011 product, must satisfy to become qualified, with those require- ments to be limited to those least restrictive to meet the pur- poses necessitating the establishment of the qualification requirement; (3) specify an estimate of the cost of testing and evaluation likely to be incurred by a potential offeror to become qualified; (4) ensure that a potential offeror is provided, on request, a prompt opportunity to demonstrate at its own expense (except as provided in subsection (d)) its ability to meet the standards specified for qualification using— (A) qualified personnel and facilities— (i) of the agency concerned; (ii) of another agency obtained through interagency agreement; or (iii) under contract; or (B) other methods approved by the agency (including use of approved testing and evaluation services not pro- vided under contract to the agency); (5) if testing and evaluation services are provided under contract to the agency for the purposes of paragraph (4), provide to the extent possible that those services be provided by a contractor that— (A) is not expected to benefit from an absence of addi- tional qualified sources; and (B) is required in the contract to adhere to any restriction on technical data asserted by the potential offeror seeking qualification; and (6) ensure that a potential offeror seeking qualification is promptly informed whether qualification is attained and, if not attained, is promptly furnished specific information about why qualification was not attained. (c) APPLICABILITY, WAIVER AUTHORITY, AND REFERRAL OF OFFERS.— (1) APPLICABILITY.—Subsection (b) does not apply to a quali- fication requirement established by statute prior to October 30, 1984. (2) WAIVER AUTHORITY.— (A) SUBMISSION OF DETERMINATION OF UNREASONABLENESS.—Except as provided in subparagraph (C), if it is unreasonable to specify the standards for quali- fication that a prospective offeror or its product must sat- isfy, a determination to that effect shall be submitted to the advocate for competition of the procuring activity responsible for the purchase of the item subject to the qualification requirement. (B) AUTHORITY TO GRANT WAIVER.—After considering any comments of the advocate for competition reviewing the determination, the head of the procuring activity may waive the requirements of paragraphs (2) to (5) of subsection (b) for up to 2 years with respect to the item subject to the qualification requirement. (C) NONAPPLICABILITY TO QUALIFIED PRODUCTS LIST.— Waiver authority under this paragraph does not apply with respect to a qualified products list. (3) SUBMISSION AND CONSIDERATION OF OFFER NOT TO BE DENIED.—A potential offeror may not be denied the opportunity to submit and have considered an offer for a contract solely because the potential offeror has not been identified as meeting