Sec. 815. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain multiple-award task or delivery order contracts
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Section 2305(a)(3) of title 10, United States Code, is amended— in subparagraph (A)— in clause (i), by inserting (except as provided in subparagraph (C)) after shall ; and in clause (ii), by inserting (except as provided in subparagraph (C)) after shall and by adding at the end the following new subparagraphs: If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 2304a(d)(1)(B) of this title for the same or similar services and intends to make a contract award to each qualifying offeror— cost or price to the Federal Government need not, at the Government's discretion, be considered under clause
(ii)of subparagraph
(A)as an evaluation factor for the contract award; and if, pursuant to clause (i), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— the disclosure requirement of clause
(iii)of subparagraph
(A)shall not apply; and cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 2304c(b) of this title of a task or delivery order under any contract resulting from the solicitation. In subparagraph (C), the term qualifying offeror means an offeror that— is determined to be a responsible source; submits a proposal that conforms to the requirements of the solicitation; and the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. .