Page:United States Statutes at Large Volume 108 Part 4.djvu/620

 108 STAT. 3254 PUBLIC LAW 103-355 —OCT. 13, 1994 by subsection (a), and nothing in the amendments made by subsections (b) and (c), shall be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under— (1) the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759)); and (2) the Brooks Architect-Engineers Act (title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)). SEC. 1005. ACQUISITION OF EXPERT SERVICES. Section 2304(c)(3) of title 10, United States Code, is amended— (1) by striking out "or (B)" and inserting in lieu thereof "(B)"; and (2) by inserting before the semicolon at the end the following: ", or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or in any part of an alternative dispute resolution process, whether or not the expert is expected to testify". Subpart B—Planning, Solicitation, Evaluation, and Award SEC. 1011. SOURCE SELECTION FACTORS. (a) CONTENT OF SOLICITATION.—Paragraph (2) of section 2305(a) of title 10, United States Code, is amended— (1) in subparagraph (A)(i)— (A) by striking out "(and significant subfactors)" and inserting in lieu thereof "and significant subfactors"; and (B) by striking out "cost- or price-related factors, and noncost- or nonprice-related factors" and inserting in lieu thereof "cost-related or price-related factors and subfactors, and noncost-related or nonprice-related factors and subfactors"; (2) in subparagraph (A)(ii), by striking out "(and subfactors)" and inserting "and subfactors"; and (3) in subparagraph (B)(ii), by amending subclause (I) to read as follows: "(I) either a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposeds are intended to be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) unless discussions are determined to be necessary; and". (b) EVALUATION FACTORS. — Such section is further amended by striking out paragraph (3) and inserting in lieu thereof the following: "(3)(A) In prescribing the evaluation factors to be included in each soUcitation for competitive proposals, the head of an agency— "(i) shall clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quaUty

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