Page:United States Statutes at Large Volume 124.djvu/3784

124 STAT. 3758 PUBLIC LAW 111–350—JAN. 4, 2011 (ii) Any other category of commercial services that the Administrator for Federal Procurement Policy des- ignates in the Federal Acquisition Regulation for the purposes of this subparagraph on the basis that— (I) the commercial services in the category are of a type of commercial services that are commonly sold to the general public through use of time- and-materials or labor-hour contracts; and (II) it would be in the best interests of the Fed- eral Government to authorize use of time-and- materials or labor-hour contracts for purchases of the commercial services in the category. (5) CONTRACT QUALITY REQUIREMENTS.—Regulations pre- scribed under paragraph (1) shall include provisions that— (A) allow, to the maximum extent practicable, a con- tractor under a commercial items acquisition to use the existing quality assurance system of the contractor as a substitute for compliance with an otherwise applicable requirement for the Federal Government to inspect or test the commercial items before the contractor’s tender of those items for acceptance by the Federal Government; (B) require that, to the maximum extent practicable, the executive agency take advantage of warranties (including extended warranties) offered by offerors of commercial items and use those warranties for the repair and replacement of commercial items; and (C) set forth guidance regarding the use of past perform- ance of commercial items and sources as a factor in contract award decisions. § 3308. Planning for future competition in contracts for major systems (a) DEVELOPMENT CONTRACT.— (1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.—In preparing a solicitation for the award of a development contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If the proposals are required, the head of the agency shall consider them in evaluating the offeror’s price. (2) CONTENTS OF PROPOSALS.—The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following: (A) Proposals to incorporate in the design of the major system items that are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source. (B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items that the Federal Government will be able to acquire competitively in the future. (b) PRODUCTION CONTRACT.—