Sec. 1813. OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY
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## SEC. 1813 OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY ###
(a)New Chapter Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended by inserting after chapter 222, as added by the preceding section, the following new chapter: > > ## “CHAPTER 223 **OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY** > > **[**[10 U.S.C. 3241](/us/usc/t10/s3241)**]** > ###
(b)Transfer of Section 2305a of Title 10 Section 2305a of title 10, United States Code, is transferred to chapter 223 of such title, as added by subsection (a), inserted after the table of sections at the beginning, redesignated as section 3241, and amended as follows: ####
(1)Subsection
(b)Subsection
(b)is amended— #####
(A)by redesignating paragraphs
(1)through
(6)as subparagraphs
(A)through (F), respectively, and moving those subparagraphs two ems to the right; and #####
(B)in the matter preceding subparagraph (A), as so redesignated— ######
(i)by striking “ or work when the contracting officer ” and inserting > “or work when— > > > #### “(1) > > the contracting officer” > ; ######
(ii)by striking “ such contract, design work ” and inserting > “such contract; > > > #### “(2) > > design work” > ; ######
(iii)by striking “ such contract, the offeror ” and inserting > “such contract; > > > #### “(3) > > the offeror” > ; and ######
(iv)by striking “ the offer, and the contracting officer ” and inserting > “the offer; and > > > #### “(4) > > the contracting officer” > . ####
(2)Subsection
(c)Subsection
(c)is amended— #####
(A)in paragraph (1), by inserting “Development of scope of work statement.—” before “The agency develops”; #####
(B)in paragraph (2), by inserting “Solicitation of phase-one proposals.—” before “The contracting officer”; #####
(C)in paragraph (3)— ######
(i)by striking “ The evaluation factors ” and inserting “ Evaluation factors.— ” > > ##### “(A) Evaluation factors to be used > > The evaluation factors” > ; ######
(ii)by designating the second and third sentences as subparagraphs
(B)and (C), respectively; ######
(iii)in subparagraph (A), as designated by clause (i)— ######
(I)by striking “ and include specialized experience ” and inserting > “and include— > > > ###### “(i) > > specialized experience” > ; ######
(II)by striking “ technical competence, capability ” and inserting > “technical competence; > > > ### “(ii) > > capability” > ; ######
(III)by striking “ to perform, past performance ” and inserting > “to perform; > > > ### “(iii) > > past performance” > ; and ######
(IV)by striking “ the team) and other appropriate ” and inserting > “the team); and > > > ###### “(iv) > > other appropriate” > ; ######
(iv)in subparagraph (B), as designated by clause (ii), by inserting “Relative importance of evaluation factors and subfactors.—” before “Each solicitation”; ######
(v)in subparagraph (C), as designated by clause (ii), by inserting “Evaluation of proposals.—” before “The agency”; #####
(D)in paragraph (4)— ######
(i)by striking “ The contracting officer ” and inserting “ Selection by contracting officer.— ” > > ##### “(A) Number of offerors selected and what is to be evaluated > > The contracting officer” > ; ######
(ii)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; ######
(iii)in clause (ii), as so redesignated, by striking “paragraphs (2), (3), and
(4)of section 2305(a)” and inserting “subsections (b), (c), and
(d)of section 3206”; ######
(iv)by designating the last sentence in that paragraph as subparagraph
(B)and indenting that subparagraph two ems from the left margin; and ######
(v)in subparagraph (B), as redesignated by clause (iv), by striking “subparagraphs
(A)and (B)” and inserting “clauses
(i)and
(ii)of subparagraph (A)”; and #####
(E)in paragraph (5)— ######
(i)by inserting “Awarding of contract.—” before “The agency”; and ######
(ii)by striking “section 2305(b)(4)” and inserting “section 3303”. ###
(c)Transfer of Section 2384a of Title 10 Section 2384a of such title is transferred to chapter 223 of such title, inserted after section 3241, as transferred and redesignated by subsection (b), redesignated as section 3242, and amended as follows: ####
(1)Subsection
(a)Subsection
(a)is amended— #####
(A)by striking “
(1)An agency ” and inserting “ Quantity to Procure.— ” > > #### “(1) > > An agency” > ; #####
(B)by striking “section 2303(a)” and inserting “section 3063”; #####
(C)by striking “ quantity as
(A)will result in ” and inserting > “quantity as— > > > ##### “(A) > > will result in” > ; #####
(D)by striking “ where practicable, and
(B)does not ”and inserting > “where practicable; and > > > ##### “(B) > > does not” > ; and #####
(E)by indenting paragraph
(2)two ems from the left margin. ####
(2)Subsection
(b)Subsection
(b)is amended by inserting “Opinion of Offeror With Respect to Quantity to Be Procured.—” before “Each solicitation for”. ###
(d)Transfer of Section 2319 of Title 10 Section 2319 of such title is transferred to chapter 223 of such title, inserted after section 3242, as transferred and redesignated by subsection (c), redesignated as section 3243, and amended as follows: ####
(1)Section heading The heading of such section is amended to read as follows: > > ## “SEC. 3243 Encouragement of new competitors: qualification requirement” > . ####
(2)Subsection
(a)Subsection
(a)is amended by inserting “Qualification Requirement Defined.—” before “In this section”. ####
(3)Subsection
(b)Subsection
(b)is amended— #####
(A)by inserting “Actions Before Establishing Qualification Requirement.—” before “Except as provided”; and #####
(B)in paragraph (5), by striking “clause (4)” and inserting “paragraph (4)”. ####
(4)Subsection
(c)Subsection
(c)is amended— #####
(A)by striking “
(1)Subsection
(b)of this section ” and inserting > “ Applicability, Waiver Authority, and Referral of Offers.— > > > #### “(1) Applicability > > Subsection (b)” > ; #####
(B)by indenting paragraphs
(2)through
(6)two ems from the left margin; #####
(C)in paragraph (2)— ######
(i)by striking “
(A)Except as provided in subparagraph (B), ” and inserting > “ Waiver Authority.— > > > ##### “(A) Submission of determination of unreasonableness > > Except as provided in subparagraph (C),” > ; ######
(ii)by redesignating subparagraph
(B)as subparagraph (C); ######
(iii)by designating the second sentence of subparagraph
(A)as subparagraph (B); ######
(iv)in subparagraph (B), as so designated, by inserting “Authority to grant waiver.—” before “After considering”; and ######
(v)in subparagraph (C), as redesignated by clause (ii), by inserting “Inapplicability to qualified products list.—” before “The waiver”; #####
(D)in paragraph (3), by inserting “Submission and consideration of offer not to be denied in certain cases.—” before “A potential offeror”; #####
(E)in paragraph (4), by inserting “Referral to small business administration.—” before “Nothing contained in this”; #####
(F)in paragraph (5), by inserting “Delay of procurement not required.—” before “The head of”; and #####
(G)in paragraph (6), by inserting “Requirements before enforcement of certain lists.—” before “The requirements of”. ####
(5)Subsection
(d)Subsection
(d)is amended— #####
(A)by striking “
(1)If the number of ” and inserting > “ Fewer Than 2 Actual Manufacturers.— > > > #### “(1) Solicitation and testing of additional sources or products > > If the number of” > ; #####
(B)by redesignating paragraph
(2)as paragraph (3), indenting that paragraph two ems from the left margin, and inserting “Certification required.—” before “The head of”; #####
(C)in paragraph (1)(B)— ######
(i)by inserting “subject to paragraph (2),” before “bear the cost of”; and ######
(ii)by striking “that requirement, but such costs may be borne” and inserting “that requirement.”; #####
(D)by designating as paragraph
(2)the text of paragraph (1)(B), as so amended, that begins “only if the head of the agency”; #####
(E)in paragraph (2), as designated by subparagraph (D), by inserting “Certification when agency may bear cost.—Costs may be borne under paragraph (1)(B)” before “only if”; and #####
(F)by moving subparagraphs
(A)and
(B)of paragraph
(1)(as amended) two ems to the right. ####
(6)Subsection
(e)Subsection
(e)is amended by inserting “Examination and Revalidation of Qualification Requirement.—” before “Within seven years”. ####
(7)Subsection
(f)Subsection
(f)is amended by inserting “Restriction on Enforcement.—” before “Except in an”. ###
(e)Transfer of Section 2381 Section 2381 of title 10, United States Code, is transferred to chapter 223 of such title, as added by this section, inserted after section 3243, as transferred and redesignated by subsection (d), and redesignated as section 3247. ###
(f)Transfer of Section 2318 Section 2318 of title 10, United States Code, is transferred to chapter 223 of such title, as added by this section, inserted after section 3247, as transferred and redesignated by subsection (e), redesignated as section 3249, and amended by striking “section 2303(a)” and inserting “section 3063”. ###
(g)Transfer of Section 2339a Section 2339a of such title is transferred to chapter 223 of such title, inserted after section 3249, as added by subsection (f), redesignated as section 3252, and amended— ####
(1)in subsection (b)(3)(A), by striking “section 2304(f)(3)” and inserting “section 3204(e)(2)”; ####
(2)in subsection (e)(2)(A), by striking “section 2319” and inserting “section 3243”; and ####
(3)in subsection (e)(3)— #####
(A)in subparagraph (A), by striking “section 2305(a)(1)(C)(ii)” and “section 2305(a)(2)(A)” and inserting “section 3206(a)(3)(B)” and “section 3206(b)(1)”, respectively; and #####
(B)in subparagraph (B), by striking “section 2304c(d)(3)” and inserting “section 3406(d)(3)”. ###
(h)Placeholder for Chapter for Provisions Relating to Planning and Solicitations Relating to Particular Items or Services Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended by inserting after chapter 223, as added by this section, the following new chapter: > > ## “CHAPTER 225 **PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES** > > **[**[10 U.S.C. 3301](/us/usc/t10/s3301)**]** > . ## Subtitle C Contracting Methods and Contract Types
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Sec. 1813
OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY
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