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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle H — Other Matters

P. L. 115-

House Conference Report. 115-874

Section 3306(c) of title 41, United States Code, is amended—

(1) in paragraph (1), by inserting “except as provided in paragraph (3),” in subparagraphs (B) and (C) after the subparagraph designation; and

(2) by adding at the end the following new paragraphs:

“(3) EXCEPTIONS FOR CERTAIN INDEFINITE DELIVERY, INDEFINITE QUANTITY MULTIPLE-AWARD CONTRACTS AND CERTAIN FEDERAL SUPPLY SCHEDULE CONTRACTS FOR SERVICES ACQUIRED ON AN HOURLY RATE.—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—

“(A) the contracting officer need not consider price as an evaluation factor for contract award; and

“(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award, cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.

“(4) DEFINITION.—In paragraph (3), the term ‘qualifying offeror’ means an offeror that—

“(A) is determined to be a responsible source;

“(B) submits a proposal that conforms to the requirements of the solicitation;

“(C) meets all technical requirements; and

“(D) is otherwise eligible for award.”.

The House bill contained a provision (sec. 882) that would amend section 3306(c) of title 41, United States Code, to provide exceptions for certain indefinite delivery, indefinite quantity multiple-award contracts and certain federal supply schedule contracts for services acquired on an hourly rate.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would continue to require the disclosure to offerors of the importance of all evaluation factors other than cost or price.