108 STAT. 3266 PUBLIC LAW 103-355 —OCT. 13, 1994 "(F) the procurement is for the services of an expert for use in any Htigation or dispute (including preparation for any foreseeable litigation or dispute) that involves or could involve the Federal (rovernment in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or in any part of an alternative dispute resolution process, whether or not the expert is expected to testify.". 41 USC 261. (c) REPEAL OF AMENDMENTS TO UNCODIFIED TITLE. —The following provisions of law are repealed: (1) Section 532 of Public Law 101-509 (104 Stat. 1470) and the provision of law set out in quotes in that section. (2) Section 529 of Public Law 102-393 (106 Stat. 1761) and the matters inserted and added by that section. Subpart B—Planning, Solicitation, Evaluation, and Award SEC. 1061. SOLICITATION, EVALUATION, AND AWARD. (a) CONTENT OF SOLICITATION.— Subsection (b) of section 303A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a) is amended— (1) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: "(A) all significant factors and significant subfactors which the executive agency reasonably expects to consider in evaluating sealed bids (including price) or competitive ' proposals (including cost or price, cost-related or pricerelated factors and subfactors, and noncost-related or nonprice-related factors and subfactors); and"; and (B) in subparagraph (B), by inserting "and subfactors" after "factors"; and (2) in paragraph (2)(B), by amending clause (i) to read as follows: "(i) either a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and award made, without discussions with the offerors (other thsui discussions conducted for the purpose of minor clarification) unless discussions are determined to be necessary; and". (b) EVALUATION FACTORS. —Such section is further amended by adding at the end the following new subsections: "(c)(l) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, an executive agency— "(A) shall clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quality of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror); "(B) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation ofproposals; and "(C) shall disclose to offerors whether all evaluation factors other than cost or price, when combined, are— "(i) significantly more important than cost or price; "(ii) approximately equal in importance to cost or price; or
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