PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 649 "(4) The contracting officer selects as the most highly qualified the number of offerors specified in the solicitation to provide the property or services under the contract and requests the selected offerors to submit phase-two competitive proposals that include technical proposals and cost or price information. Each solicitation establishes with respect to phase two— "(A) the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work (or both), and "(B) the evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals in accordance with subsections (b), (c), and (d) of section 303A. The contracting officer separately evaluates the submissions described in subparagraphs (A) and (B). "(5) The agency awards the contract in accordance with section 303B of this title. "(d) SOLICITATION TO STATE NUMBER OF OFFERORS TO BE SELECTED FOR PHASE TWO REQUESTS FOR COMPETITIVE PROPOS- ALS. —^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 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 determining whether the two-phase contracting procedures authorized by subsection (a) are appropriate for use in individual contracting situations; "(2) regarding the factors that may be used in selecting contractors; and "(3) providing for a uniform approach to be used Government-wide.". (2) The table of sections at the beginning of such Act is amended by inserting after the item relating to section 303L the following new item: "Sec. 303M. Design-build selection procedures.". TITLE XLII—COMMERCIAL ITEMS SEC. 4201. COMMERCIAl. ITEM EXCEPTION TO REQUIREMENT FOR CERTIFIED COST OR PRICING DATA. (a) ARMED SERVICES ACQUISITIONS. —(1) Subsections (b), (c), and (d) of section 2306a of title 10, United States Code, are amended to read as follows: " (b) EXCEPTIONS.— "(1) IN GENERAL.— Submission of certified cost or pricing data shall not be required under subsection (a) in the case of a contract, a subcontract, or modification of a contract or subcontract— "(A) for which the price agreed upon is based on— "(i) adequate price competition; or 29-194O-96 -22:QL3Part1
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