Pub. L. 115-91, div. A, tit. VIII, subtit. B, sec. 823 (as amended)
EXEMPTION FROM DESIGN-BUILD SELECTION PROCEDURES.
SEC. 823. EXEMPTION FROM DESIGN-BUILD SELECTION PROCEDURES.
Subsection (d) of section 2305a of title 10, United States Code, is amended by striking the second and third sentences and inserting the following:“If the contract value exceeds $4,000,000, the maximum number specified in the solicitation shall not exceed 5 unless—
“(1) the solicitation is issued pursuant to a indefinite delivery-indefinite quantity contract for design-build construction; or
“(2)(A) the head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity, approves the contracting officer’s justification with respect to an individual solicitation that a maximum number greater than 5 is in the interest of the Federal Government; and
“(B) the contracting officer provides written documentation of how a maximum number greater than 5 is consistent with the purposes and objectives of the two-phase selection procedures.”
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