Page:United States Statutes at Large Volume 98 Part 1.djvu/1243

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1195

(2) by striking out "formal advertising" and inserting in lieu thereof "sealed-bid procedures". (c) Section 2313(b) of such title is amended by striking out "negoti- 10 USC 2313. ated under this chapter" and inserting in lieu thereof "awarded after using procedures other than sealed-bid procedures". (d) Section 2356 of such title is amended by striking out "the 10 USC 2356. formal advertising prescribed by section 2305 of this title" and inserting in lieu thereof "a solicitation for sealed bids under chapter 137 of this title".

Subtitle C—Amendments to the Office of Federal Procurement Policy Act (. DEFINITIONS

SEC. 2731. The section of the Office of Federal Procurement Policy Act relating to definitions (41 U.S.C. 403) is redesignated as section 4 97 Stat. 1326. and is amended— (1) by striking out "and" at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraphs: "(6) the term 'competitive procedures' means procedures under which an agency enters into a contract pursuant to full and open competition; "(7) the term 'full and open competition', when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement; and "(8) the term 'responsible source' means a prospective contractor who— "(A) has adequate financial resources to perform the contract or the ability to obtain such resources; "(B) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments; "(C) has a satisfactory performance record; "(D) has a satisfactory record of integrity and business ethics; "(E) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain such organization, experience, controls, and skills; "(F) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain such equipment and facilities; and "(G) is otherwise qualified and eligible to receive an award under applicable laws and regulations.". PROCUREMENT NOTICE A N D RECORDS; ADVOCATES FOR COMPETITION

SEC. 2732. (a) The Office of Federal Procurement Policy Act is further amended by adding at the end thereof the following new sections:

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