Page:United States Statutes at Large Volume 98 Part 3.djvu/711

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3083

"(ii) in the case of a solicitation for research and develop- Research and ment, is earlier than the date 45 days after the date the development. notice required by paragraph (l)(A)(i) is published; or "(iii) in any other case, is earlier than the date 30 days after the date the solicitation is issued. "(f) Each notice of solicitation required by subsection (e)(1)(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 a 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. "(g)(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 or would disclose proprietary information associated with the proposal; or "(ii) a proposal submitted under section 9 of this Act; "(C) the procurement is made against an order placed under a requirements contract; "(D) the procurement is made for perishable subsistence supplies; or "(E) the procurement is for utility services, other than telecommunication services, and only one source is available. "(2) The requirements of subsection (a)(1)(A) do not apply to any procurement under conditions described in paragraph (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 paragraph (2), (3), (4), (5), or Ante, p. 1175. (7) of section 2304(c) of title 10, United States Code. Ante, p. 1187.