Page:United States Statutes at Large Volume 98 Part 3.djvu/697

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3069

the factors specified in paragraphs (1) and (2) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded.". (b) The amendment made by subsection (a) shall apply with Effective date. respect to any solicitation issued more than 180 days after the date 41 USC 253b of the enactment of this Act. ^°^^ENCOURAGING NEW COMPETITORS

SEC. 202. (a) Title III of the Act is amended by inserting after section 308C the following new section: "ENCOURAGEMENT OF NEW COMPETITION

"SEC. 303D. (a) In this section, 'qualification requirement' means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. "(b) Except as provided in subsection (c), the head of the agency shall, before enforcing any qualification requirement— "(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 upon request all requirements which a prospective offeror, or its product, must satisfy in order to become qualified, such requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement; "(3) specify an estimate of the costs of testing and evaluation likely to be incurred by a potential offeror in order to become qualified; "(4) ensure that a potential offeror is provided, upon request, a prompt opportunity to demonstrate at its own expense (except as provided in subsection (d)) its ability to meet the standards specified for qualification using qualified personnel and facilities of the agency concerned or of another agency obtained through interagency agreement, or under contract, or other methods approved by the agency (including use of approved testing and evaluation services not provided under contract to the agency); "(5) if testing and evaluation services are provided under contract to the agency for the purposes of clause (4), provide to the extent possible that such services be provided by a contractor who is not expected to benefit from an absence of additional qualified sources and who shall be required in such contract to adhere to any restriction on technical data asserted by the potential offeror seeking qualification; and "(6) ensure that a potential offeror seeking qualification is promptly informed as to whether qualification is attained and, in the event qualification is not attained, is promptly furnished specific information why qualification was not attained. "(c)(1) Subsection O> of this section does not apply with respect to t) a qualification requirement established by statute prior to the date of enactment of this section. "(2) Except as provided in paragraph (3), if it is unreasonable to specify the standards for qualification which a prospective offeror or

41 USC 253c.

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