§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.
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