PROCUREMENT PREFERENCES FOR PRODUCTS RECEIVING CORPORATION ASSISTANCE.

SEC. 729. PROCUREMENT PREFERENCES FOR PRODUCTS RECEIVING CORPORATION ASSISTANCE. Subtitle G of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5901 et seq.) is amended by adding at the end the following: “SEC. 1665. PROCUREMENT OF ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION PRODUCTS. “(a) Definition of Executive Agency.— In this section, the term ‘executive agency’ has the meaning provided the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). “(b) Procurement.— To further the achievement of the purposes specified in section 1657(b), 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 subtitle. “(c) Set-Asides.— Procurements solely for property may be set aside exclusively for products developed with commercialization assistance provided under section 1661. “(d) Preferences.— Preferences for property developed with assistance provided under this subtitle 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 110 STAT. 1122within 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 1660, less than 10 years have elapsed since the expiration of the grant, cooperative agreement, or contract; “(2) paragraph (1) or (2) of section 1661(a), less than 5 years have elapsed since the date the loan was made or insured; “(3) section 1661(a)(3), less than 5 years have elapsed since the date of sale of any remaining government equity interest in the company; or “(4) section 1661(a)(4), less than 5 years have elapsed since the date of the final payment on the repayable grant.”.