Pub. L. 104-106, div. D, tit. XLI, sec. 4103
EFFICIENT COMPETITIVE RANGE DETERMINATIONS.
SEC. 4103. EFFICIENT COMPETITIVE RANGE DETERMINATIONS. (a) Armed Services Acquisitions.— Paragraph (4) of 2305(b) of title 10, United States Code, is amended— (1) in subparagraph (C), by striking out “(C)”, by transferring the text to the end of subparagraph (B), and in that text by striking out “Subparagraph (B)” and inserting in lieu thereof “This subparagraph”; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting before subparagraph (C) (as so redesignated) the following new subparagraph (B): “(B) If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under subparagraph (A)(i) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number 110 STAT. 644that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.”. (b) Civilian Agency Acquisitions.— Section 303B(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(d)) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting before paragraph (3) (as so redesignated) the following new paragraph (2): “(2) If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under paragraph (1)(A) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.”.