Sec. 813. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS
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## SEC. 813 USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS **[**[10 U.S.C. 2305 note](/us/usc/t10/s2305)**]** ###
(a)Statement of Policy It shall be the policy of the Department of Defense to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Department the benefits of cost and technical tradeoffs in the source selection process. ###
(b)Revision of Defense Federal Acquisition Regulation Supplement Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which— ####
(1)the Department of Defense is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers; ####
(2)the Department of Defense would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal; ####
(3)the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal; ####
(4)the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the Department; ####
(5)the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; ####
(6)the Department of Defense has determined that the lowest price reflects full life-cycle costs, including for operations and support; ####
(7)the Department of Defense would realize no, or minimal, additional innovation or future technological advantage by using a different methodology; and ####
(8)with respect to a contract for procurement of goods, the goods procured are predominantly expendable in nature, nontechnical, or have a short life expectancy or short shelf life. ###
(c)Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria in Certain Procurements To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of— ####
(1)information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services; ####
(2)personal protective equipment; or ####
(3)knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq.
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Sec. 813
USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS
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