Page:United States Statutes at Large Volume 124.djvu/3787

 124 STAT. 3761 PUBLIC LAW 111–350—JAN. 4, 2011 (B) SEPARATE EVALUATIONS.—The contracting officer separately evaluates the submissions described in clauses (i) and (ii) of subparagraph (A). (5) AWARDING OF CONTRACT.—The agency awards the contract in accordance with chapter 37 of this title. (d) SOLICITATION TO STATE NUMBER OF OFFERORS TO BE SELECTED FOR PHASE-TWO REQUESTS FOR COMPETITIVE PRO- POSALS.—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 Federal 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 deter- mining whether the two-phase contracting procedures author- ized by subsection (a) are appropriate for use in individual contracting situations; (2) regarding the factors that may be used in selecting con- tractors; and (3) providing for a uniform approach to be used Government- wide. § 3310. Quantities to order (a) FACTORS AFFECTING QUANTITY TO ORDER.—Each executive agency shall procure supplies in a quantity that— (1) will result in the total cost and unit cost most advan- tageous to the Federal Government, where practicable; and (2) does not exceed the quantity reasonably expected to be required by the agency. (b) OFFEROR’S OPINION OF QUANTITY.—Each solicitation for a contract for supplies shall, if practicable, include a provision inviting each offeror responding to the solicitation to state an opinion on whether the quantity of supplies proposed to be procured is economi- cally advantageous to the Federal Government and, if applicable, to recommend a quantity that would be more economically advan- tageous to the Federal Government. Each recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity. § 3311. Qualification requirement (a) DEFINITION.—In this section, the term ‘‘qualification require- ment’’ means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. (b) ACTIONS BEFORE ENFORCING QUALIFICATION REQUIREMENT.— Except as provided in subsection (c), the head of an agency, before enforcing any qualification requirement, shall— (1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award; (2) specify in writing and make available to a potential offeror on request all requirements that a prospective offeror, or its