SOURCE SELECTION FACTORS.

SEC. 1011. SOURCE SELECTION FACTORS. (a) Content of Solicitation.— Paragraph (2) of section 2305(a) of title 10, United States Code, is amended— (1) in subparagraph (A)(i)— (A) by striking out “(and significant subfactors)” and inserting in lieu thereof “and significant subfactors”; and (B) by striking out “cost- or price-related factors, and noncost-or nonprice-related factors” and inserting in lieu thereof “cost-related or price-related factors and subfactors, and noncostrelated or nonprice-related factors and subfactors”; (2) in subparagraph (A)(ii), by striking out “(and subfactors)” and inserting “and subfactors”; and (3) in subparagraph (B)(ii), by amending subclause (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 than 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 striking out paragraph (3) and inserting in lieu thereof the following: “(2) (A) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, the head of an agency— “(i) shall clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quality 108 STAT. 3255of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror); “(ii) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals; and “(iii) snail 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 “(III) significantly less important than cost or price. “(B) The regulations implementing clause (iii) of subparagraph (A) may not define the terms ‘significantly more important and ‘significantly less important’ as specific numeric weights that would be applied uniformly to all solicitations or a class of solicitations. “(4) Nothing in this subsection prohibits an agency from— “(A) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or “(B) stating in a solicitation that award will be made to the offeror that meets the solicitation’s mandatory requirements at the lowest cost or price.”.