Page:United States Statutes at Large Volume 62 Part 1.djvu/52

 PUBLIC LAWS--CH. 65 -FEB. 19, 1948 [62 STAT. are such that the purchase or contract should not be publicly disclosed; (13) for equipment which the agency head determines to be technical equipment, and as to which he determines that the pro- curement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts and that such standardization and interchangeability is necessary in the public interest; (14) for supplies of a technical or specialized nature requiring a substantial initial investment or an extended period of prepara- tion for manufacture, as determined by the agency head, when he determines that advertising and competitive bidding may require duplication of investment or preparation already made, or will unduly delay procurement of such supplies; (15) for supplies or services as to which the agency head deter- mines that the bid prices after advertising therefor are not reason- able or have not been independently arrived at in open competi- tion: Provided, That no negotiated purchase or contract may be entered into under this paragraph after the rejection of all bids received unless (A) notification of the intention to negotiate and reasonable opportunity to negotiate shall have been given by the agency head to each responsible bidder, (B) the negotiated price is lower than the lowest rejected bid price of a responsible bidder, as determined by the agency head, and (C) such negotiated price is the lowest negotiated price offered by any responsible supplier; (16) the agency head determines that it is in the interest of the national defense that any plant, mine, or facility or any pro- ducer, manufacturer, or other supplier be made or kept available for furnishing supplies or services in the event of a national emergency, or that the interest either of industrial mobilization in case of such an emergency, or of the national defense in main- taining active engineering, research and development, are other- Report to Congres wise subserved: Provided, That beginning six months after the effective date of this Act and at the end ofeach six-month period thereafter, there shall be furnished to the Congress a report setting forth the name of each contractor with whom a contract has been entered into pursuant to this subsection (16) since the date of the last such report, the amount of the contract, and, with due consideration given to the national security, a description of the work required to be performed thereunder; or (17) otherwise authorized by law. Violation of anti- (d) If in the opinion of the agency head bids received after adver- trusts. tising evidence any violation of the antitrust laws he shall refer such bids to the Attorney General for appropriate action. Repair, etc., of (e) This section shall not be construed to (A) authorize the erec- tion, repair, or furnishing of any public building or public improve- ment, but such authorization shall be required in the same manner as heretofore, or (B) permit any contract for the construction or repair of buildings, roads, sidewalks, sewers, mains. or similar items to be negotiated without advertising as required by section 3, unless such contract is to be performed outside the continental United States or unless negotiation of such contract is authorized by the provisions of fparagraph (, (2), (3), (10), (11), ( 12 ) ,or (15) of subsection (c) of this section. SEC. 3 . Whenever advertising is required- Advertisement for (a) The aveisemensement for bids shall be a sufficient time previous to the purchase or contract, and specifications and invitations for bids shall permit such full and free competition as is consistent with the 22

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