PUBLIC LAW 98-369—JULY 18, 1984 "§ 2304. Contracts: competition requirements". (b) Section 2305 of such title is amended to read as follows: "§2305. Contracts: planning, solicitation, evaluation, and award procedures "(a)(1)(A) In preparing for the procurement of property or services, the head of an agency shall— "(i) specify the agency's needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; "(ii) use advance procurement planning and market research; and "(iii) develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired. "(B) Each solicitation under this chapter shall include specifications which— "(i) consistent with the provisions of this chapter, permit full and open competition; and "(ii) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the agency or as authorized by law. "(C) For the purposes of subparagraphs (A) and (B), the type of specification included in a solicitation shall depend on the nature of the needs of the agency and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of"(i) function, so that a variety of products or services may qualify; "(ii) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or "(iii) design requirements. "(2) In addition to the specifications described in paragraph (1), a solicitation for sealed bids or competitive proposals (other than for small purchases) shall at a minimum include— "(A) a statement of^ "(i) all significant factors (including price) which the head of the agency reasonably expects to consider in evaluating sealed bids or competitive proposals; and "(ii) the relative importance assigned to each of those factors; and "(B)(i) in the case of sealed bids— "(I) a statement that sealed bids will be evaluated without discussions with the bidders; and "(II) the time and place for the opening of the sealed bids; or "(ii) in the case of competitive proposals— "(I) a statement that the proposals are intended to be evaluated with, and awards made after, discussions with the offerors, but might be evaluated and awarded without discussions with the offerors; and "(II) the time and place for submission of proposals. (b)(1) The head of an agency shall evaluate sealed bids and competitive proposals based solely on the factors specified in the solicitation.
98 STAT. 1191 10 USC 2305.
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