PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1589 (c) RELATIVE IMPORTANCE OF EVALUATION FACTORS.— Paragraph (3) of section 2305(a) of title 10, United States Code, is amended by striking out "the quality of the services" and inserting in lieu thereof "the evaluation factors and subfactors, including the quality of the product or services". (d) EVALUATION OF SEALED BIDS AND COMPETITIVE PROPOSALS.—(1) Paragraph (1) of section 230503) of title 10, United States Code, is amended by inserting "and make an award" after "competitive proposals". (2) Paragraph (3) of such section is amended in the second sentence by inserting "in accordance with pargigraph (1)" after "shall evaluate the bids'. (3) Paragraph (4) of such section is amended— (A) in subparagraph (A), by striking out "competitive proposals" and all that follows and inserting in lieu thereof "competitive proposals in accordance with paragraph (1) and may award a contract— "(i) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or "(ii) based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary."; (B) by striking out subparagraphs (B) and (C); (C) by redesignating subparagraph (D) as subparagraph (B); and (D) by redesignating subparagraph (E) as subparagraph (C) and in that subparagraph striking out "Subparagraph (D)" and inserting in lieu thereof "Subparagraph (B)". (e) EFFECTIVE DATE. —(1) Except as provided in paragraph (2), the 10 USC 2305 amendments made by this section shall apply with respect to solici- ^°^- tations for sealed bids or competitive proposals issued after the end of the 120-day period beginning on the date of the enactment of this Act. (2) The Secretary of Defense may require the amendments made by this section to apply with respect to solicitations issued before the end of the period referred to in paragraph (1). The Secretary of Federal Defense shall publish in the Federal Register notice of any such ^yfji^^f' earlier effective date. ^" SEC. 803. CERTIFIED COST OR PRICING DATA THRESHOLD (a) INCREASE IN THRESHOLD FOR CERTIFIED COST OR PRICING DATA. —(1) Section 2306a(a)(l) of title 10, United States Code, is amended as follows: (A) Subparagraph (A) of such section is amended by striking out "$100,000 and inserting in lieu thereof the following: "$500,000 or, in the case of a contract to be awarded after December 31, 1995, $100,000". (B) Subparagraph (B) of such section is amended by striking out "$100,000 and inserting in lieu thereof the following: "$500,000 (or such lesser amount as may be prescribed by the head of the agency) or, in the case of a change or modification to a contract to be made after December 31, 1995, $100,000".
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