Page:United States Statutes at Large Volume 108 Part 4.djvu/621

 PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3255 of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror); "(ii) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals; and "(iii) shall disclose to offerors whether all evaluation factors other than cost or price, when combined, are— "(I) signincantly more important than cost or price; "(II) approximately equal in importance to cost or price; or "(III) significantly less important than cost or price. "(B) The regulations implementing clause (iii) of subparagraph (A) may not define the terms 'significantly more important and 'significantly less important' as specific numeric weights that would be applied uniformly to all solicitations or a class of soUcitations. (4) Nothing in this subsection prohibits an agency from— "(A) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or "(B) stating in a soUcitation that award will be made to the offeror that meets the solicitation's mandatory requirements at the lowest cost or price.". SEC. 1012. SOUCITATION PROVISION REGARDING EVALUATION OF PURCHASE OPTIONS. Subsection (a) of section 2305 of title 10, United States Code, as amended by section 1011, is further amended by adding at the end the following new paragraph: "(5) The head of an agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in such soUcitation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the head of the agency has determined that there is a reasonable Ukehhood that the options will be exercised.". SEC. 1013. PROMPT NOTICE OF AWARD. (a) SEALED BID PROCEDURES.— Paragraph (3) of section 2305(b) of title 10, United States Code, is amended— (1) in the last sentence, by striking out "transmitting written notice" and inserting in lieu thereof "transmitting, in writing or by electronic means, notice"; and (2) by adding at the end the following: "Within three days after the date of contract award, the head of the agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.". (b) COMPETITIVE PROPOSALS PROCEDURES.— Paragraph (4)(B) of such section is amended in the second sentence— (1) by striking out "transmitting written notice" and inserting in lieu thereof "transmitting, in writing or by electronic means, notice"; and (2) by striking out "shall promptly notify" and inserting in lieu thereof ", within three days after the date of contract award, shall notify, in writing or by electronic means,". SEC. 1014. POST-AWARD DEBRIEFINGS. Section 2305(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and

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