Page:United States Statutes at Large Volume 124.djvu/3780

 124 STAT. 3754 PUBLIC LAW 111–350—JAN. 4, 2011 ‘‘significantly more important’’ and ‘‘significantly less impor- tant’’ as specific numeric weights that would be applied uni- formly to all solicitations or a class of solicitations. (d) ADDITIONAL INFORMATION IN SOLICITATION.—This section does not prohibit an executive agency from— (1) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfac- tors on a case-by-case basis; or (2) stating in a solicitation that award will be made to the offeror that meets the solicitation’s mandatory requirements at the lowest cost or price. (e) LIMITATION ON EVALUATION OF PURCHASE OPTIONS.—An executive agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in the solici- tation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the executive agency has determined that there is a reason- able likelihood that the options will be exercised. (f) AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRAC- TORS.— (1) DEFINITION.—In this subsection, the term ‘‘executive agency’’ has the meaning given that term in section 133 of this title. (2) FEDERAL ACQUISITION REGULATION TO ALLOW TELECOM- MUTING.—The Federal Acquisition Regulation issued in accord- ance with sections 1121(b) and 1303(a)(1) of this title shall permit telecommuting by employees of Federal Government contractors in the performance of contracts entered into with executive agencies. (3) SCOPE OF ALLOWANCE.—The Federal Acquisition Regula- tion at a minimum shall provide that a solicitation for the acquisition of property or services may not set forth any require- ment or evaluation criteria that would— (A) render an offeror ineligible to enter into a contract on the basis of the inclusion of a plan of the offeror to allow the offeror’s employees to telecommute, unless the contracting officer concerned first determines that the requirements of the agency, including security require- ments, cannot be met if telecommuting is allowed and documents in writing the basis for the determination; or (B) reduce the scoring of an offer on the basis of the inclusion in the offer of a plan of the offeror to allow the offeror’s employees to telecommute, unless the con- tracting officer concerned first determines that the require- ments of the agency, including security requirements, would be adversely impacted if telecommuting is allowed and documents in writing the basis for the determination. § 3307. Preference for commercial items (a) RELATIONSHIP OF PROVISIONS OF LAW TO PROCUREMENT OF COMMERCIAL ITEMS.— (1) THIS DIVISION.—Unless otherwise specifically provided, all other provisions in this division also apply to the procure- ment of commercial items. (2) LAWS LISTED IN FEDERAL ACQUISITION REGULATION.—A contract for the procurement of a commercial item entered into by the head of an executive agency is not subject to