Page:United States Statutes at Large Volume 98 Part 1.djvu/1244

 98 STAT. 1196

PUBLIC LAW 98-369—JULY 18, 1984 PROCUREMENT NOTICE

41 USC 416.

Commerce Business Daily, publication.

Ante, p. 1175. Ante, p. 1187.

"SEC. 18. (a)(1) Except as provided in subsection (c)— "(A) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000 shall furnish for publication by the Secretary of Commerce a notice described in subsection (b); and "(B) an executive agency awarding a contract for property or services for a price exceeding $25,000 shall furnish for publication by the Secretary of Commerce a notice announcing such award if there is likely to be any subcontract under such contract. "(2) The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1). "(3) Whenever an executive agency is required by paragraph (1)(A) to furnish a notice of a solicitation to the Secretary of Commerce, such executive agency may not— "(A) issue such solicitation earlier than 15 days after the date on which such notice is published by the Secretary of Commerce; or "(B) establish a deadline for the submission of all bids or proposals in response to such solicitation that is earlier than 30 days after the date on which such solicitation is issued. "(b) Each notice required by subsection (a)(l)(A) shall include— "(1) an accurate description of the property or services to be contracted for, which description is not unnecessarily restrictive of competition; "(2) the name, business address, and telephone number of the officer or employee of the executive agency who may be contacted for the purpose of obtaining a copy of the solicitation; "(3) the name, business address, and telephone number of the contracting officer; "(4) a statement that all responsible sources may submit a bid, proposal, or quotation which shall be considered by the executive agency; and "(5) in the case of a procurement using procedures other than competitive procedures, a statement of the reason justifying the use of such procedures and the identity of the intended source. "(c)(1) A notice is not required under subsection (a)(1) if— "(A) the notice would disclose the executive agency's needs and the disclosure of such needs would compromise the national security; "(B) the proposed procurement would result from acceptance of any unsolicited proposal that demonstrates a unique and innovative research concept, and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal; "(C) the procurement is made against an order placed under a requirements contract, or "(D) the procurement is made for perishable subsistence supplies. "(2) The requirements of subsection (a)(l)(A) do not apply to any procurement under conditions described in clause (2), (3), (4), (5), or (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or clause (2), (3), (4), (5), or (7) of section 2304(c) of title 10, United States Code.

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