Page:United States Statutes at Large Volume 100 Part 4.djvu/758

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100 STAT. 3341-153
PUBLIC LAW 99-000—MMMM. DD, 1986
100 STAT. 3341-153

100 STAT. 3341-153

PUBLIC LAW 99-591—OCT. 30, 1986

(d) EFFECTIVE DATES.—(1) The amendment made by subsection (a) shall apply with respect to contracts for which solicitations are issued after the end of the 180-day period beginning on the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply with respect to contracts awarded on the basis of unsolicited research proposals after the end of the 180-day period beginning on the date of the enactment of this Act. (3) The amendments made by subsection (c) shall apply with respect to follow-on contracts awarded after the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 924. EVALUATION FACTORS IN AWARD OF CONTRACTS.

(a) EVALUATION FACTORS.—Subsection (a) of section 2305 of title 10, United States Code, is amended— (1) in paragraph (2)(A)(i)— (A) by striking out "(including price)"; (B) by inserting "(including price)" after "sealed bids"; and •m?' (C) by inserting "(including cost or price)" after "competitive proposals"; and (2) by adding at the end the following new paragraph: "(3) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, the head of an agency shall clearly establish the relative importance assigned to the quality of the services to be provided (including technical capability, management capability, and prior experience of the offeror).". (b) CONFORMING AMENDMENT.—Subsection (b) of such section is amended by inserting "cost or" in paragraph (4)(B) before "price". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to solicitations for sealed bids or competitive proposals issued after the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 925. COMPUTATION OF CONTRACT BID PRICES.

(a) IN GENERAL.—Section 2301(a) of title 10, United States Code, is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof; and"; and (3) by adding at the end the following new paragraph: "(7) the head of an agency, in issuing a solicitation for a contract to be awarded using sealed-bid procedures, not included in such solicitation a clause providing for the evaluation of prices under the contract for options to purchase additional supplies or services under the contract unless the head of the agency has determined that there is a reasonable likelihood that the options will be exercised.". (b) EFFECTIVE DATE.—Section 2301(a)(7) of title 10, United States Code (as added by subsection (a)), shall not apply to solicitations for sealed bids issued before the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 926. PRICES FOR SPARE OR REPAIR PARTS SOLD COMMERCIALLY. (a) ESTABLISHMENT OF COMMERCIAL PRICING REQUIREMENT.—(1)

Section 2323 of title 10, United States Ckxie, is amended to read as follows: