Page:United States Statutes at Large Volume 108 Part 4.djvu/633
PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3267 "(iii) significantly less important than cost or price. "(2) The regulations implementing subparagraph (C) of paragraph (1) may not define the terms 'significantly more important' and 'significantly less important' as specific numeric weights that would be applied uniformly to all sohcitations or a class of solicitations. "(d) Nothing in this section prohibits an executive agency from— "(1) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or "(2) stating in a solicitation that award will be made to the offeror that meets the solicitation's mandatory requirements at the lowest cost or price.". (c) EVALUATION AND AWARD.—Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended— (1) in subsection (a), by inserting **, and award a contract," after "competitive proposals"; (2) in subsection (c), by inserting "in accordance with subsection (a)" in the second sentence after "shall evaluate the bids"; and (3) in subsection (d)— (A) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) An executive agency shall evaluate competitive proposals in accordance with subsection (a) and may award a contract— "(A) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or "(B) based on the proposals received and without discussions with the offerors (other than discussions conducted for the purpose of minor clarification), if, as required by section 303A(b)(2)(B)(i), the soHcitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary."; (B) by striking out paragraphs (2) and (3) and by redesignating paragraph (4) as paragraph (2); and (C) in paragraph (2), as redesignated by subparagraph (B), by inserting "cost or" before "price" in the first sentence. SEC. 1062. SOLICITATION PROVISION REGARDING EVALUATION OF PURCHASE OPTIONS. Section 303A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a), as amended by section 1061, is further amended by adding at the end the following new subsection: "(e) An executive agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in such solicitation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the executive agency has determined that there is a reasonable likelihood that the options will be exercised.".