H. R. 1107—36 
office issuing the solicitation a notice of solicitation described 
in subsection (c); 
(2) an executive agency shall publish a notice of solicitation 
described in subsection (c) if the agency intends to— 
(A) solicit bids or proposals for a contract for property 
or services for a price expected to exceed $25,000; or 
(B) place an order, expected to exceed $25,000, under 
a basic agreement, basic ordering agreement, or similar 
arrangement; and 
(3) an executive agency awarding a contract for property 
or services for a price exceeding $25,000, or placing an order 
exceeding $25,000 under a basic agreement, basic ordering 
agreement, or similar arrangement, shall furnish for publication 
a notice announcing the award or order if there is likely to 
be a subcontract under the contract or order. 
(b) EXEMPTIONS.— 
(1) IN GENERAL.—A notice is not required under subsection 
(a) 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 uni-
versal user access through a single, Government-wide 
point of entry; and 
(ii) permitting the public to respond to the solicita-
tion electronically; 
(B) the notice would disclose the executive agency’s needs 
and disclosure would compromise national security; 
(C) the proposed procurement would result from accept-
ance of— 
(i) an unsolicited proposal that demonstrates a 
unique and innovative research concept and publica-
tion of a notice of the unsolicited research proposal 
would disclose the originality of thought or innovative-
ness of the proposal or would disclose proprietary 
information associated with the proposal; or 
(ii) a proposal submitted under section 9 of the Small 
Business Act (15 U.S.C. 638); 
(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 avail-
able; or 
(G) the procurement is for the services of an expert 
for use in any litigation or dispute (including any reason-
ably foreseeable litigation or dispute) involving the Federal 
Government in a trial, hearing, or proceeding before a 
court, administrative tribunal, or agency, or in any part 
of an alternative dispute resolution process, whether or 
not the expert is expected to testify. 
(2) CERTAIN PROCUREMENTS.—The requirements of subsection 
(a)(2) do not apply to a procurement—
H. R. 1107—37 
(A) under conditions described in paragraph (2), (3), (4), 
(5), or (7) of section 3304(a) of this title or paragraph 
(2), (3), (4), (5), or (7) of section 2304(c) of title 10; or 
(B) for which the head of the executive agency makes 
a determination in writing, after consultation with the 
Administrator and the Administrator of the Small Business 
Administration, that it is not appropriate or reasonable 
to publish a notice before issuing a solicitation. 
(3) 
IMPLEMENTATION
CONSISTENT
WITH
INTERNATIONAL 
AGREEMENTS.—Paragraph (1)(A) shall be implemented in a 
manner consistent with applicable international agreements. 
(c) CONTENTS OF NOTICE.—Each notice of solicitation required 
by paragraph (1) or (2) of subsection (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 nomen-
clature, 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 con-
tractor to make an informed business judgment as to 
whether a copy of the solicitation should be requested; 
(2) provisions that— 
(A)(i) state whether the technical data required to 
respond to the solicitation will not be furnished as part 
of the solicitation; and 
(ii) identify the source in the Federal Government, if 
any, from which the technical data may be obtained; and 
(B)(i) state whether an offeror or its product or service 
must meet a qualification requirement in order to be 
eligible for award; and 
(ii) 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) that the agency 
shall consider; 
(5) in the case of a procurement using procedures other 
than competitive procedures, a statement of the reason justi-
fying the use of those 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. 
(d) ELECTRONIC PUBLICATION OF NOTICE OF SOLICITATION, AWARD, 
OR ORDER.—A notice of solicitation, award, or order required to 
be published under subsection (a) shall be published by electronic 
means. The notice must be electronically accessible in a form that 
allows convenient and universal user access through the single