PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1249 under the process and any oral presentations made by, and any discussions with, the offerors. (9) SELECTION OF MOST QUALIFIED OFFEROR.— A selection process consisting of the following: (A) Identification of the most qualified sources, primarily on the basis of the oral proposals, presentations, and discussions, and written proposals, submitted in accordance with paragraph (7). (B) A program definition phase of 30-60 days (or a longer period the Administrator approves)— (i) during which the sources identified under subparagraph (A), in consultation with one or more intended users, develop a conceptual system design and technical approach, define logical phases for the project, and estimate the total cost and the cost for each phase; and (ii) after which a contract for performance of the work may be awarded to the source whose offer is determined to be most advantageous to the Government on the basis of cost, the responsiveness, reasonableness, and quality of the proposed performance, and a sharing of risk and benefits between the source and the Government. (C) As many successive program definition phases as necessary to award a contract in accordance with subparagraph (B). (10) SYSTEM IMPLEMENTATION PHASING. —System implementation to be executed in phases that are tailored to the solution, with appropriate contract arrangements being used for various phases and activities. (11) MUTUAL AUTHORITY TO TERMINATE. — Authority for the Government or the contractor to terminate the contract without penalty at the end of any phase defined for the project. (12) TIME MANAGEMENT DISCIPLINE. — Application of a standard for awarding a contract within 105 to 120 days after issuance of the solicitation, except that the Administrator may approve the application of a longer standard period. (d) PILOT PROGRAM PROJECTS.— The Administrator shall authorize to be carried out under the pilot program— (1) not more than 10 projects, each of which has an estimated cost of at least $25,000,000 and not more than $100,000,000; and (2) not more than 10 projects for small business concerns, each of which has an estimated cost of at least $1,000,000 and not more than $5,000,000. (e) MONITORING BY COMPTROLLER GENERAL. —The Comptroller General shall— (1) monitor the conduct, and review the results, of acquisitions under the pilot program; and (2) submit to Congress periodic reports containing the views of the Comptroller General on the activities, results, and findings under the pilot program. CHAPTER 117—ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS Sec. 11701. On-line multiple award schedule contracting.
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