Page:United States Statutes at Large Volume 98 Part 3.djvu/706

 98 STAT. 3078

PUBLIC LAW 98-577—OCT. 30, 1984

"(3) Whenever an executive agency is required by paragraph (I)(A) to furnish a notice to the Secretary of Commerce, such executive agency may not— "(A) issue the soUcitation earlier than 15 days after the date on which the notice is published by the Secretary of Commerce; or "(B) establish a deadline for the submission of all bids or proposals in response to the notice required by paragraph (I)(A) that'll) in the case of an order under a basic agreement, basic ordering agreement, or similar arrangement, is earlier than the date 30 days after the date the notice required by paragraph (IXAXii) is published; Research and "(ii) in the case of a solicitation for research and developdevelopment. ment, is earlier than the date 45 days after the date the notice required by paragraph (IXAXi) is published; or "(iii) in any other case, is earlier than the date 30 days after the date the solicitation is issued. "(b) Each notice of solicitation required by subsection (a)(l)(A) shall include— "(1) an accurate description of the property or services to be contracted for, which description (A) shall not be unnecessarily restrictive of competition, and (B) shall include, as appropriate, the agency nomenclature, National Stock Number or other part number, and a brief description of the item's form, fit, or function, physical dimensions, predominant material of manufacture, or similar information that will assist a prospective contractor to make an informed business judgment as to whether a copy of the solicitation should be requested; "(2) provisions that— "(A) state whether the technical data required to respond to the solicitation will not be furnished as part of such solicitation, and identify the source in the Government, if any, from which the technical data may be obtained; and "(B) state whether an offeror, its product, or service must meet a qualification requirement in order to be eligible for award, and, if so, identify the office from which the qualification requirement may be obtained; "(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 (as appropriate) which shall be considered by the 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— "(i) 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

�