Page:United States Statutes at Large Volume 108 Part 4.djvu/720

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108 STAT. 3354 PUBLIC LAW 103-355—OCT. 13, 1994 (6) Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening process affords all interested sources a fair opportunity to be considered. (7) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered. (8) Alternative notice and publication requirements. (9) A process in which— (A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that^ (i) contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for purposes of guidance only, other specifications; and (ii) invites any interested source to submit information or samples showing the suitability of its product for meeting those needs, together with a price quotation, or, if appropriate, showing the source's technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors); (B) contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and (C) a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in response to the notice or, if appropriate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A). (f) MEASURABLE TEST CRITERIA.— The Administrator shall require each agency conducting a test pursuant to subsection (a) to establish, to the maximum extent practicable, measurable criteria for evaluation of the effects of the procedure or technique to be tested. (g) TEST PLAN. — At least 270 days before a test may be conducted under this section, the Administrator shall— (1) provide a detailed test plan, including lists of any ref- lations that are to be waived, and any written determination under subsection (h)(1)(B) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate; (2) provide a copy of the plan to the appropriate authoriza-. tion and appropriations committees of the House of Representatives and the Senate; and (3) publish the plan in the Federal Register and provide an opportunity for public comment. (h) WAIVER OF PROCUREMENT REGULATIONS. —(1) For purposes of a test conducted under subsection (a), the Administrator may waive— (A) any provision of the Federal Acquisition Regulation that is not required by statute; and