(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 tele-
communication services, and only one source is available; or 
(G) the procurement is for the services of an expert for use in 
any litigation or dispute (including any reasonably foreseeable liti-
gation 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— 
(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 deter-
mination 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 AGREE-
MENTS.—Paragraph (1)(A) shall be implemented in a manner con-
sistent with applicable international agreements. 
(c) CONTENTS OF NOTICE.—Each notice of solicitation required by para-
graph (1) or (2) of subsection (a) shall include— 
(1) an accurate description of the property or services to be con-
tracted for, which description— 
(A) shall not be unnecessarily restrictive of competition; and 
(B) shall include, as appropriate, the agency nomenclature, Na-
tional Stock Number or other part number, and a brief description 
of the item’s form, fit, or function, physical dimensions, predomi-
nant material of manufacture, or similar information that will as-
sist a prospective contractor to make an informed business judg-
ment 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 require-
ment may be obtained; 
(3) the name, business address, and telephone number of the con-
tracting officer; 
(4) a statement that all responsible sources may submit a bid, pro-
posal, or quotation (as appropriate) that the agency shall consider; 
(5) in the case of a procurement using procedures other than com-
petitive procedures, a statement of the reason justifying 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 uni-
versal user access through the single Government-wide point of entry des-
ignated in the Federal Acquisition Regulation. 
(e) TIME LIMITATIONS.— 
(1) ISSUING NOTICE OF SOLICITATION AND ESTABLISHING DEAD-
LINE FOR SUBMITTING BIDS AND PROPOSALS.—An executive agency re-
quired by subsection (a)(2) to publish a notice of solicitation 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 subsection (a)(2) that— 
(i) in the case of a solicitation for research and develop-
ment, is earlier than 45 days after the date the notice re-
quired for a bid or proposal for a contract described in sub-
section (a)(2)(A) is published;
(ii) in the case of an order under a basic agreement, basic 
ordering agreement, or similar arrangement, is earlier than 
30 days after the date the notice required for an order de-
scribed in subsection (a)(2)(B) is published; or 
(iii) in any other case, is earlier than 30 days after the 
date the solicitation is issued. 
(2) ESTABLISHING
DEADLINE
WHEN
NONE
PROVIDED
BY
STAT-
UTE.—An executive agency shall establish a deadline for the submis-
sion of all bids or proposals in response to a solicitation for which a 
deadline is not provided by statute. Each deadline for the submission 
of offers shall afford potential offerors a reasonable opportunity to re-
spond. 
(3) FLEXIBLE DEADLINES.—The Administrator shall prescribe regu-
lations defining limited circumstances in which flexible deadlines can be 
used under paragraph (1) for the issuance of solicitations and the sub-
mission of bids or proposals for the procurement of commercial items. 
(f) CONSIDERATION OF CERTAIN TIMELY RECEIVED OFFERS.—An exec-
utive agency intending to solicit offers for a contract for which a notice of 
solicitation is required to be posted under subsection (a)(1) shall ensure that 
contracting officers consider each responsive offer timely received from an 
offeror. 
(g) AVAILABILITY OF COMPLETE SOLICITATION PACKAGE AND PAYMENT 
OF FEE.—An executive agency shall make available to a business concern, 
or the authorized representative of a concern, the complete solicitation pack-
age for any on-going procurement announced pursuant to a notice of solici-
tation under subsection (a). An executive agency may require the payment 
of a fee, not exceeding the actual cost of duplication, for a copy of the pack-
age. 
§ 1709. Contracting functions performed by Federal per-
sonnel 
(a) COVERED PERSONNEL.—Personnel referred to in subsection (b) are— 
(1) an employee, as defined in section 2105 of title 5; 
(2) a member of the armed forces; and 
(3) an employee from State or local governments assigned to a Fed-
eral agency pursuant to subchapter VI of chapter 33 of title 5. 
(b) LIMITATION ON PAYMENT FOR ADVISORY AND ASSISTANCE SERV-
ICES.—No individual who is not an individual described in subsection (a) 
may be paid by an executive agency for services to conduct evaluations or 
analyses of any aspect of a proposal submitted for an acquisition unless per-
sonnel described in subsection (a) with adequate training and capabilities 
to perform the evaluations and analyses are not readily available in the