Page:United States Statutes at Large Volume 97.djvu/436

 97 STAT. 404 PUBLIC LAW 98-72—AUG. 11, 1983 Notice format. 15 USC 638. Report to Congress. development effort, in which case until at least thirty days have elapsed from the date of such publication; "(B) foreclosure competition until at least thirty days have elapsed from either (i) the date of issuance of the solicitation, or (ii) in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, the date of publication of a proper notice of intent to place the order; or "(C) commence negotiations for the award of a sole source contract until at least thirty days have elapsed from the date of publication of a proper notice of intent to contract: Provided, That nothing in this subparagraph shall prohibit an officer or employee of a Federal department from responding to a request for information. "(3) Whenever notice is required by paragraph (1), such notice shall include— "(A) a clear description of the property, supplies, or services to be contracted for, which description is not unnecessarily restric- tive of competition; "(B) the name, address and telephone number of the officer or employee of the Federal department who may be contacted for the purpose of obtaining a copy of either the solicitation or, if the notice is for an intent to contract on a sole source basis, such specification and information as practicable regarding the serv- ice or performance to be awarded; and "(C) solely with respect to notice of intent to contract on a sole source basis, a statement that interested persons are invited to identify their interest and capability to respond to such require- ment, or to submit proposals in response to such notice, within the stated period of time provided under paragraph (2). "(4) Notwithstanding any other provision of law, unless the negoti- ations would be conducted pursuant to this section or section 9 of this Act or unless a Federal department's need for the property, supplies, or services is of such unusual and compelling urgency that the Government would be seriously injured if the provisions of this paragraph were complied with, a Federal department may not commence negotiations for the award of a sole source contract or a contract that results from an unsolicited proposal for more than $1,000,000 in fiscal year 1984, for more than $500,000 in fiscal year 1985 and for more than $300,000 in fiscal year 1986 and each year thereafter unless— "(A) the head of the procuring activity or his deputy, on a nondelegable basis, has approved the authority to enter into such contract, and "(B) the contracting officer for such contract has evaluated the responses to the notice of procurement action required in subparagraph (3)(C): Provided, That nothing in this subparagraph shall prohibit an officer or employee of a Federal department from responding to a request for information. Annually, each department shall report to the Congress on each negotiation above the stated amount if the head of the procuring activity or his deputy did not approve the authority to enter into such contract. "(5) In the case of all procurement actions in excess of $25,000 in which the award of a contract is likely to result in the award of subcontracts under such contract, unless the procurement for secu- rity reasons is of a classified nature, the Federal department shall

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