Chapter 223, Section 3241, Subsection (c) · 10 U.S.C. Chapter 223 — OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY

Contents

(c)Two-phase selection procedures consist of the following:

(1)The agency develops, either in-house or by contract, a scope of work statement for inclusion in the solicitation that defines the project and provides prospective offerors with sufficient information regarding the Government’s requirements (which may include criteria and preliminary design, budget parameters, and schedule or delivery requirements) to enable the offerors to submit proposals which meet the Government’s needs. If the agency contracts for development of the scope of work statement, the agency shall contract for architectural and engineering services as defined by and in accordance with chapter 11 of title 40.

(2)The contracting officer solicits phase-one proposals that—

(A)include information on the offeror’s—

(i)technical approach; and

(ii)technical qualifications; and

(B)do not include—

(i)detailed design information; or

(ii)cost or price information.

(3)

(A)The evaluation factors to be used in evaluating phase-one proposals are stated in the solicitation and include—

(i)specialized experience and technical competence;

(ii)capability to perform;

(iii)past performance of the offeror’s team (including the architect-engineer and construction members of the team); and

(iv)other appropriate factors, except that cost-related or price-related evaluation factors are not permitted.

(B)Each solicitation establishes the relative importance assigned to the evaluation factors and subfactors that must be considered in the evaluation of phase-one proposals.

(C)The agency evaluates phase-one proposals on the basis of the phase-one evaluation factors set forth in the solicitation.

(4)

(A)The contracting officer selects as the most highly qualified the number of offerors specified in the solicitation to provide the property or services under the contract and requests the selected offerors to submit phase-two competitive proposals that include technical proposals and cost or price information. Each solicitation establishes with respect to phase two—

(i)the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work (or both), and

(ii)the evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals in accordance with subsections (b), (c), and (d) of section 3206 of this title.

(B)The contracting officer separately evaluates the submissions described in clauses (i) and (ii) of subparagraph (A).

(5)The agency awards the contract in accordance with section 3303 of this title.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 10

Show every defined term

appropriate congressional committees
means—
aviation critical safety item
means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in the loss of or serious damage to the aircraft or weapon system, an unacceptable risk of personal injury or loss of life, or an uncommanded engine shutdown that jeopardizes safety.
covered item of supply
means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
covered procurement
means—
covered procurement action
means any of the following actions, if the action takes place in the course of conducting a covered procurement:
covered system
means a national security system, as that term is defined in section 3552(b)(6) of title 44.
head of a covered agency
means each of the following:
qualification requirement
means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract.
ship critical safety item
means any ship part, assembly, or support equipment containing a characteristic the failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in loss of or serious damage to the ship or unacceptable risk of personal injury or loss of life.
supply chain risk
means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.