Sec. 816. Requirement that cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts
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Subparagraph
(A)of section 2305(a)(3) of title 10, United States Code, is amended by striking proposals; and at the end of clause
(ii)and all that follows through the end of the subparagraph and inserting the following: proposals and that must be assigned importance at least equal to all evaluation factors other than cost or price when combined. . Section 2305(a)(3) of such title is further amended by striking subparagraph
(B)and inserting the following: The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency. . Section 2305(a)(3) of such title is further amended by adding at the end the following new subparagraph: Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph
(B)during the preceding fiscal year. .