Page:United States Statutes at Large Volume 98 Part 1.djvu/1237

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1189

"(6) the disclosure of the agency's needs would compromise 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 agency— "(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 the Congress in writing of such determination not less than 30 days before the award of the contract. "(d)(1) For the purposes of applying subsection (c)(1)— "(A) in the case of a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services shall be considered 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 United States and does not resemble the substance of a pending competitive procurement; and "(B) in the case of a follow-on contract for the continued f development or production of a major system or highly specialized equipment when it is likely that award to a source other than the original source would result in (i) substantial duplication of cost to the United States which is not expected to be recovered through competition, or (ii) unacceptable delays in fulfilling the agency's needs, such property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures. "(2) The authority of the head of an agency under subsection (c)(7) may not be delegated. "(e) The head of an agency using procedures other than competitive procedures to procure property or services by reason of the application of subsection (c)(2) or (c)(6) shall request offers from as many potential sources as is practicable under the circumstances. "(6(1) Except as provided in paragraph (2), the head of an agency may not award a contract using procedures other than competitive procedures unless— "(A) the contracting officer for the contract justifies the use of such procedures in writing and certifies the accuracy and completeness of the justification; "(B) the justification is approved— "(i) in the case of a contract for an amount exceeding $100,000 (but equal to or less than $1,000,000), by the competition advocate for the procuring activity (without further delegation); "(ii) in the case of a contract for an amount exceeding $1,000,000 (but equal to or less than $10,000,000), by the head of the procuring activity or a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher 5 USC 5332. position under another schedule); or "(iii) in the case of a contract for an amount exceeding $10,000,000, by the senior procurement executive of the agency designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) (without 97 Stat. 1330. further delegation); and

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