Page:United States Statutes at Large Volume 100 Part 5.djvu/459

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3933

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(B) by inserting "(including price)" after "sealed bids"; and (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 10 USC 2305 apply with respect to solicitations for sealed bids or competitive ^o*®. 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 include 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 10 USC 2301 Code (as added by subsection (a)), shall not apply to solicitations for note, 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 Code, is amended to read as follows: "§ 2323. Commercial pricing for spare or repair parts "(a) LIMITATION ON PRICE OF COMMERCIALLY AVAILABLE PARTS.— Contracts. Except in the case of an offer submitted with a written statement under subsection (b)(2) and except as provided in subsection (c), if the head of an agency, using procedures other than competitive procedures, enters into a contract with a contractor for the purchase of spare or repair parts which the contractor also offers for sale to the general public, the price charged the United States for such parts under the contract may not exceed the lowest commercial price charged by the contractor in sales of such parts during a period described in subsection (b)(1). "(b) REQUIREMENTS FOR INCLUSION IN OFFER.—The head of an agency, with respect to an offeror who submits an offer to the head of an agency to enter into a contract for the supply of spare or repair parts under a contract awarded using procedures other than

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