Page:United States Statutes at Large Volume 110 Part 1.djvu/671

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 647 lishes the relative importance assigned to the evaluation factors and subfactors that must be considered in the evaluation of phase-one proposals. The agency evaluates phase-one proposals on the basis of the phase-one evaluation factors set forth in the solicitation. "(4) The contracting officer selects as the most highly qualified the number of offerors specified in the solicitation to provide the property or services under the contract and requests the selected offerors to submit phase-two competitive proposals that include technical proposals and cost or price information. Each solicitation establishes with respect to phase two— "(A) the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work (or both), and "(B) the evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals in accordance with paragraphs (2), (3), and (4) of section 2305(a) of this title. The contracting officer separately evaluates the submissions described in subparagraphs (A) and (B). "(5) The agency awards the contract in accordance with section 2305(b)(4) of this title. " (d) SOLICITATION TO STATE NUMBER OF OFFERORS TO BE SELECTED FOR PHASE TWO REQUESTS FOR COMPETITIVE PROPOS- ALS. —^A solicitation issued pursuant to the procedures described in subsection (c) shall state the maximum number of offerors that are to be selected to submit competitive proposals pursuant to subsection (c)(4). The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to an individual solicitation that a specified number greater than 5 is in the Government's interest and is consistent with the purposes and objectives of the two-phase selection process. "(e) REQUIREMENT FOR GUIDANCE AND REGULATIONS. —The Federal Acquisition Regulation shall include guidance— "(1) regarding the factors that may be considered in determining whether the two-phase contracting procedures authorized by subsection (a) are appropriate for use in individual contracting situations; "(2) regarding the factors that may be used in selecting contractors; and "(3) providing for a uniform approach to be used Government-wide.". (2) The table of sections at the beginning of chapter 137 of such title is amended by adding after the item relating to section 2305 the following new item: "2305a. Design-build selection procedures.". (b) CIVILIAN AGENCY ACQUISITIONS. —(1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303L the following new section: "SEC. 303M. DESIGN-BUILD SELECTION PROCEDURES. 41 USC 253m. "(a) AUTHORIZATION. —Unless the traditional acquisition approach of design-bid-build established under the Brooks Architect- Engineers Act (title IX of this Act) is used or another acquisition procedure authorized by law is used, the head of an executive agency shall use the two-phase selection procedures authorized

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