
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5909]

 
                          TITLE 7--AGRICULTURE
 
                          CHAPTER 88--RESEARCH
 
 SUBCHAPTER VI--ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
 
Sec. 5909. Procurement of alternative agricultural research and 
        commercialization products
        

(a) ``Executive agency'' defined

    In this section, the term ``executive agency'' has the meaning 
provided the term in section 403(1) of title 41.

(b) Procurement

    To further the achievement of the purposes specified in section 
5901(b) of this title, an executive agency may, for any procurement 
involving the acquisition of property, establish set-asides and 
preferences for property that has been commercialized with assistance 
provided under this subchapter.

(c) Set-asides

    Procurements solely for property may be set aside exclusively for 
products developed with commercialization assistance provided under 
section 5905 of this title.

(d) Preferences

    Preferences for property developed with assistance provided under 
this subchapter in procurements involving the acquisition of property 
may be--
        (1) a price preference, if the procurement is solely for 
    property, of not greater than a percentage to be determined within 
    the sole discretion of the head of the procuring agency; or
        (2) a technical evaluation preference included as an award 
    factor or subfactor as determined within the sole discretion of the 
    head of the procuring agency.

(e) Notice

    Each competitive solicitation or invitation for bids selected by an 
executive agency for a set-aside or preference under this section shall 
contain a provision notifying offerors where a list of products eligible 
for the set-aside or preference may be obtained.

(f) Eligibility

    Offerors shall receive the set-aside or preference required under 
this section if, in the case of products developed with financial 
assistance under--
        (1) section 5904 of this title, less than 10 years have elapsed 
    since the expiration of the grant, cooperative agreement, or 
    contract;
        (2) paragraph (1) or (2) of section 5905(a) of this title, less 
    than 5 years have elapsed since the date the loan was made or 
    insured;
        (3) section 5905(a)(3) of this title, less than 5 years have 
    elapsed since the date of sale of any remaining government equity 
    interest in the company; or
        (4) section 5905(a)(4) of this title, less than 5 years have 
    elapsed since the date of the final payment on the repayable grant.

(Pub. L. 101-624, title XVI, Sec. 1665, as added Pub. L. 104-127, title 
VII, Sec. 729, Apr. 4, 1996, 110 Stat. 1121.)
