41 U.S.C. § 416 : US Code - Section 416: Procurement notice

Search 41 U.S.C. § 416 : US Code - Section 416: Procurement notice

(a) Covered executive agency activities; publication of notice;
time limitations
(1) Except as provided in subsection (c) of this section -
(A) an executive agency intending to -
(i) solicit bids or proposals for a contract for property or
services for a price expected to exceed $25,000; or
(ii) place an order, expected to exceed $25,000, under a
basic agreement, basic ordering agreement, or similar
arrangement,
shall publish a notice of solicitation described in subsection
(b) of this section;
(B) an executive agency intending to solicit bids or proposals
for a contract for property or services for a price expected to
exceed $10,000, but not to exceed $25,000, shall post, for a
period of not less than ten days, in a public place at the
contracting office issuing the solicitation a notice of
solicitation described in subsection (b) of this section; and
(C) an executive agency awarding a contract for property or
services for a price exceeding $25,000, or placing an order
referred to in clause (A)(ii) exceeding $25,000, shall furnish
for publication by the Secretary of Commerce a notice announcing
the award or order if there is likely to be any subcontract under
such contract or order.
(2)(A) A notice of solicitation required to be published under
paragraph (1) may be published -
(i) by electronic means that meets the requirements for
accessibility under paragraph (7); or
(ii) by the Secretary of Commerce in the Commerce Business
Daily.
(B) The Secretary of Commerce shall promptly publish in the
Commerce Business Daily each notice or announcement received under
this subsection for publication by that means.
(3) Whenever an executive agency is required by paragraph (1)(A)
to publish a notice of solicitation, such executive agency may not -

(A) issue the solicitation earlier than 15 days after the date
on which the notice is published; or
(B) in the case of a contract or order expected to be greater
than the simplified acquisition threshold, establish a deadline
for the submission of all bids or proposals in response to the
notice required by paragraph (1)(A) that -
(i) 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
(1)(A)(ii) is published;
(ii) in the case of a solicitation for research and
development, is earlier than the date 45 days after the date
the notice required by paragraph (1)(A)(i) is published; or
(iii) in any other case, is earlier than the date 30 days
after the date the solicitation is issued.
(4) An executive agency intending to solicit offers for a
contract for which a notice of solicitation is required to be
posted under paragraph (1)(B) shall ensure that contracting
officers consider each responsive offer timely received from an
offeror.
(5) An executive agency shall establish a deadline for the
submission of all bids or proposals in response to a solicitation
with respect to which no such deadline is provided by statute. Each
deadline for the submission of offers shall afford potential
offerors a reasonable opportunity to respond.
(6) The Administrator shall prescribe regulations defining
limited circumstances in which flexible deadlines can be used under
paragraph (3) for the issuance of solicitations and the submission
of bids or proposals for the procurement of commercial items.
(7) A publication of a notice of solicitation by electronic means
meets the requirements for accessibility under this paragraph if
the notice is electronically accessible in a form that allows
convenient and universal user access through the single Government-
wide point of entry designated in the Federal Acquisition
Regulation.
(b) Contents of notice
Each notice of solicitation required by subparagraph (A) or (B)
of subsection (a)(1) 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;
(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;
and
(6) in the case of a contract in an amount estimated to be
greater than $25,000 but not greater than the simplified
acquisition threshold, or a contract for the procurement of
commercial items using special simplified procedures -
(A) a description of the procedures to be used in awarding
the contract; and
(B) a statement specifying the periods for prospective
offerors and the contracting officer to take the necessary
preaward and award actions.
(c) Exempted, etc., activities of executive agency
(1) A notice is not required under subsection (a)(1) of this
section if -
(A) the proposed procurement is for an amount not greater than
the simplified acquisition threshold and is to be conducted by -
(i) using widespread electronic public notice of the
solicitation in a form that allows convenient and universal
user access through a single, Government-wide point of entry;
and
(ii) permitting the public to respond to the solicitation
electronically;
(B) the notice would disclose the executive agency's needs and
the disclosure of such needs would compromise the national
security;
(C) 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 638 of title 15;
(D) the procurement is made against an order placed under a
requirements contract, a task order contract, or a delivery order
contract;
(E) the procurement is made for perishable subsistence
supplies;
(F) the procurement is for utility services, other than
telecommunication services, and only one source is available;
(G) the procurement is for the services of an expert for use in
any litigation or dispute (including any reasonably foreseeable
litigation or dispute) involving the Federal Government in any
trial, hearing, or proceeding before any court, administrative
tribunal, or agency, or in any part of an alternative dispute
resolution process, whether or not the expert is expected to
testify; or
(H) the procurement is by the Secretary of Homeland Security
pursuant to the special procedures provided in section 393(c) of
title 6.
(2) The requirements of subsection (a)(1)(A) of this section do
not apply to any procurement under conditions described in
paragraph (2), (3), (4), (5), or (7) of section 253(c) of this
title or paragraph (2), (3), (4), (5), or (7) of section 2304(c) of
title 10.
(3) The requirements of subsection (a)(1)(A) of this section
shall not apply in the case of any procurement for which the head
of the executive agency makes a determination in writing, after
consultation with the Administrator for Federal Procurement Policy
and the Administrator of the Small Business Administration, that it
is not appropriate or reasonable to publish a notice before issuing
a solicitation.
(d) Availability of complete solicitation package; payment of fee
An executive agency shall make available to any business concern,
or the authorized representative of such concern, the complete
solicitation package for any on-going procurement announced
pursuant to a notice of solicitation under subsection (a) of this
section. An executive agency may require the payment of a fee, not
exceeding the actual cost of duplication, for a copy of such
package.