Page:United States Statutes at Large Volume 122.djvu/261

 12 2 STA T . 2 38PUBLIC LA W 11 0– 181 —J A N .28, 2008 (B)ORDE R SIN E XC ESS OF$5,0 00,000 .—Theam e nd men ts made byp a r a g raph ( 2 ) sha l lta k ee f fe c t o n the date that i s 1 2 0 days after the date of the enactment of this A ct, and shall apply w ith respect to any task or deli v ery order awarded on or after s u ch date. (b) C I V I L I A NA G ENC Y CON T RACTS.— (1) L I M ITATION ON SINGLE A W ARD CONTRACTS.— S ection 3 03 H (d) of the F ederal P roperty and Administrative Services Actof1 94 9 (41 U .S.C. 2 5 3h(d)) is amended— (A) by redesignating paragraph (3) as paragraph (4) and (B) by inserting after paragraph (2) the following new paragraph (3)

‘(3)(A) N o task or delivery order contract in an amount esti - mated to e x ceed $ 100,000,000 (including all options) may be awarded to a single source unless the head of the executive agency determines in writing that— ‘‘(i) the task or delivery orders expected under the contract are so integrally related that only a single source can reason- ably perform the work; ‘‘(ii) the contract provides only for firm, fixed price task orders or delivery orders for— ‘‘( I ) products for which unit prices are established in the contract; or ‘‘(II) services for which prices are established in the contract for the specific tasks to be performed; ‘‘(iii) only one source is q ualified and capable of performing the work at a reasonable price to the government; or ‘‘(iv) because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source. ‘‘(B) The head of the executive agency shall notify Congress within 30 days after any determination under subparagraph (A)(iv). ’ ’. (2) E N H ANCED COM P ETITION FOR ORDERS IN EXCESS OF $5,000,000.—Section 303 J of such Act (41 U.S.C. 253 j )is amended— (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (B) by inserting after subsection (c) the following new subsection (d): ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF $5,000,000.—In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair oppor- tunity to be considered under subsection (b) is not met unless all such contractors are provided, at a minimum— ‘‘(1) a notice of the task or delivery order that includes a clear statement of the executive agency’s requirements; ‘‘(2) a reasonable period of time to provide a proposal in response to the notice; ‘‘(3) disclosure of the significant factors and subfactors, including cost or price, that the executive agency expects to consider in evaluating such proposals, and their relative impor- tance; ‘‘(4) in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and Notif i ca tio n.10USC23 0 4 c not e .

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