Page:United States Statutes at Large Volume 63 Part 1.djvu/432

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PUBLIC LAWS-CH. 288-JUNE 30, 1949 Report to Congress. Violations of anti- trust laws. Repair, etc., of pub- lic buildings. Post, p. 395 . exercise of authority conferred by the Administrator to procure and furnish supplies and services for the use of two or more executive agencies; (4) for personal or professional services; (5) for any service to be rendered by any university, college, or other educational institution; (6) the supplies or services are to be procured and used outside the limits of the United States and its possessions; (7) for medicines or medical supplies; (8) for supplies purchased for authorized resale; (9) for supplies or services for which it is impracticable to secure competition; (10) the agency head determines that the purchase or contract is for experimental, developmental, or research work, or for the manufacture or furnishing of supplies for experimentation, devel- opment, research, or test: Provided,That beginning six months after the effective date of this title and at the end of each six-month period thereafter, there shall be furnished to the Congress a report setting forth the name of each contractor with whom a contract has been entered into pursuant to this paragraph (10) since the date of the last such report, the amount of the contract, and, with due consideration given to the national security, a description of the work required to be performed thereunder; (11) for supplies or services as to which the agency head deter- mines that the character, ingredients, or components thereof are such that the purchase or contract should not be publicly disclosed; (12) for equipment which the agency head determines to be technical equipment, and as to which he determines that the pro- curement thereof without advertising is necessary in special situ- ations or in particular localities in order to assure standardization of equipment and interchangeability of parts and that such stand- ardization and interchangeability is necessary in the public interest; (13) for supplies or services as to which the agency head determines that bid prices after advertising therefor are not reasonable (either as to all or as to some part of the requirements) or have not been independently arrived at in open competition: Provided,That no negotiated purchase or contract may be entered into under this paragraph after the rejection of all or some of the bids received unless (A) notification of the intention to nego- tiate and reasonable opportunity to negotiate shall have been given by the agency head to each responsible bidder and (B) the negotiated price is the lowest negotiated price offered by any responsible supplier; or (14) otherwise authorized by law. (d) If in the opinion of the agency head bids received after adver- tising evidence any violation of the antitrust laws he shall refer such bids to the Attorney General for appropriate action. (e) This section shall not be construed to (A) authorize the erec- tion, repair, or furnishing of any public building or public improve- ment, but such authorization shall be required in the same manner as heretofore, or (B) permit any contract for the construction or repair of buildings, roads, sidewalks, sewers, mains, or similar items to be negotiated without advertising as required by section 303, unless such contract is to be performed outside the continental United States or unless negotiation of such contract is authorized by the provisions of paragraph (1), (2), (3), (9), (10), (11), or (13) of subsection (c) of this section. 394 [63 STAT.