Sec. 880. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS
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## SEC. 880 USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS **[**[41 U.S.C. 3701 note](/us/usc/t41/s3701)**]** ###
(a)Statement of Policy It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process. ###
(b)Revision of Federal Acquisition Regulation Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised 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)an executive agency 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 executive agency 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 executive agency 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 executive agency; ####
(5)the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and ####
(6)the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support. ###
(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, health care services and records, telecommunications devices and services, munitions response 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. ###
(d)Definitions In this section: ####
(1)Executive agency The term “executive agency” has the meaning given that term in section 102 of title 40, United States Code, except that the term does not include the Department of Defense. ####
(2)Contingency operation The term “contingency operation” has the meaning given that term in section 101 of title 10, United States Code. ####
(3)Appropriate congressional committees The term “appropriate congressional committees” means the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
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Sec. 880
USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS
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