Page:United States Statutes at Large Volume 124.djvu/3738

124 STAT. 3712 PUBLIC LAW 111–350—JAN. 4, 2011 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—