12 2 STA T . 2 37PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (i i )thecon t ra ct p ro v i d e s on lyf or fir m, fi x ed price tas k orders or delivery orders for — ‘‘( I ) prod u cts for w hich unit prices are esta b lished in the contract
or ‘‘(II) services for which prices are established in the contract for the specific tasks to be performed; ‘‘(iii) only one source is q ualified and capable of performin g the work at a reasonable price to the government; or ‘‘(iv) because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source . ‘‘( B ) T he head of the agency shall notify C ongress within 30 days after any determination under subparagraph ( A )(iv). ’ ’. ( 2 ) ENHA N CED C OMP E TI TION F O R ORDER S INE X CESS OF $5 , 0 00,000.— S ection 230 4 c of such title is amended— (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (B) by inserting after subsection (c) the following new subsection (d)
‘‘(d) ENHANCED COMPETITION FOR O RDERS IN EXCESS OF $5 ,000,000.—In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair oppor - tunity to be considered under subsection (b) is not met unless all such contractors are provided, at a minimum— ‘‘( 1 ) a notice of the task or delivery order that includes a clear statement of the agency’s requirements; ‘‘(2) a reasonable period of time to provide a proposal in response to the notice; ‘‘(3) disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance; ‘‘(4) in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and ‘‘(5) an opportunity for a post-award debriefing consistent with the requirements of section 2305(b)(5) of this title.’’; and (C) by striking subsection (e), as redesignated by para- graph (1), and inserting the following new subsection (e): ‘‘(e) P ROTESTS.—(1) A protest is not authori z ed in connection with the issuance or proposed issuance of a task or delivery order except for— ‘‘(A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; or ‘‘(B) a protest of an order valued in excess of $10,000,000. ‘‘(2) N otwithstanding section 355 6 of title 31, the Comptroller G eneral of the U nited States shall have exclusive j urisdiction of a protest authorized under paragraph (1)(B). ‘‘(3) This subsection shall be in effect for three years, beginning on the date that is 120 days after the date of the enactment of the National D efense Authorization Act for F iscal Y ear 200 8 .’’. (3) EFFECTI V E DATES.— (A) SIN GL EA W ARD CONTRACTS.—The amendments made by paragraph (1) shall take effect on the date that is 120 days after the date of the enactment of this Act, and shall apply with respect to any contract awarded on or after such date. 10USC23 0 4anote.Ap p lic a b ilit y . Ef fecti v e d ate. N otification. Notification. D eadline.
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