To require guidelines on the use of tiered evaluations for offers for contracts and task orders under contracts.

1. Adds SEC. 807. GUIDANCE ON USE OF TIERED EVALUATION OF OFFERS FOR CONTRACTS AND TASK ORDERS UNDER CONTRACTS at the end of subtitle A of title VIII

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   (f) Defense Acquisition University Defined.--In this section, the term "Defense Acquisition University" means the Defense Acquisition University established pursuant to section 1746 of title 10, United States Code.

   Inserted: SEC. 807. GUIDANCE ON USE OF TIERED EVALUATION OF OFFERS FOR CONTRACTS AND TASK ORDERS UNDER CONTRACTS.

   Inserted: (a) Guidance Required.--The Secretary of Defense shall prescribe guidance for the military departments and the Defense Agencies on the use of tiered evaluations of offers or proposals of offerors for contracts and for task orders under contracts.

   Inserted: (b) Elements.--The guidance prescribed under subsection (a) shall include a prohibition on the initiation by a contracting officer of a tiered evaluation of an offer or proposal of an offeror for a contract or for a task or delivery order under a contract unless the contracting officer--

   Inserted: (1) has conducted market research in accordance with part 10 of the Federal Acquisition Regulation in order to determine whether or not a sufficient number of qualified small businesses are available to justify limiting competition for the award of such contract or task or delivery order under applicable law and regulations;

   Inserted: (2) is unable, after conducting market research under paragraph (1), to make the determination described in that paragraph; and

   Inserted: (3) includes in the contract file a written explanation why such contracting officer was unable to make such determination.

   Original wording

   At the end of subtitle A of title VIII, add the following:

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As printed