H.Amdt. 616House111th Congress (2009-2011)

An amendment numbered 15 printed in House Report 111-467 to require DOD to give cost at least equal importance in evaluating competitive proposals for Federal contracts versus other factors or explain any waivers of such requirement.

What it does: Adds SEC. 501. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL GOVERNMENT BE GIVEN AT LEAST EQUAL IMPORTANCE AS TECHNICAL OR OTHER CRITERIA IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE CONTRACTS at the end of the bill
Submitted April 28, 2010

Description

Amendment requires DOD to give cost at least equal importance in evaluating competitive proposals for Federal contracts versus other factors or explain any waivers of such requirement.

What it changes

1 change to H.R. 5013

Adds a section

We couldn't match these changes to the text of H.R. 5013, so they're shown as written.

  1. Adds SEC. 501. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL GOVERNMENT BE GIVEN AT LEAST EQUAL IMPORTANCE AS TECHNICAL OR OTHER CRITERIA IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE CONTRACTS at the end of the bill

    Adds a section

    Inserted: SEC. 501. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL GOVERNMENT BE GIVEN AT LEAST EQUAL IMPORTANCE AS TECHNICAL OR OTHER CRITERIA IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE CONTRACTS.

    Inserted: (a) Requirement.--Subparagraph (A) of section 2305(a)(3) of title 10, United States Code, is amended by striking "proposals; and" at the end of clause (ii) and all that follows through the end of the subparagraph and inserting the following: "proposals and that must be assigned importance at least equal to all evaluation factors other than cost or price when combined.".

    Inserted: (b) Waiver.--Section 2305(a)(3) of such title is further amended by striking subparagraph (B) and inserting the following:

    Inserted: "(B) The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency. The authority to issue a waiver under this subparagraph may not be delegated.".

    Inserted: (c) Report.--Section 2305(a)(3) of such title is further amended by adding at the end the following new subparagraph:

    Inserted: "(C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph (B) during the preceding fiscal year.".

    Original wording

    At the end of the bill add the following new section:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of the bill add the following new section:

SEC. 501. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL GOVERNMENT BE GIVEN AT LEAST EQUAL IMPORTANCE AS TECHNICAL OR OTHER CRITERIA IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE CONTRACTS.

(a) Requirement.--Subparagraph (A) of section 2305(a)(3) of title 10, United States Code, is amended by striking “proposals; and” at the end of clause (ii) and all that follows through the end of the subparagraph and inserting the following: “proposals and that must be assigned importance at least equal to all evaluation factors other than cost or price when combined.”.

(b) Waiver.--Section 2305(a)(3) of such title is further amended by striking subparagraph (B) and inserting the following:

“(B) The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency. The authority to issue a waiver under this subparagraph may not be delegated.”.

(c) Report.--Section 2305(a)(3) of such title is further amended by adding at the end the following new subparagraph:

“(C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph (B) during the preceding fiscal year.”.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

April 28, 2010

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Floor

House amendment offered

April 28, 2010

Not Used

House amendment offered/reported by : Amendment (A015) offered by Mr. Grayson.(consideration: CR H2980-2981; text: CR H2980)

April 28, 2010 • 2:03 PM

Floor

House amendment agreed to: On agreeing to the Grayson amendment (A015) Agreed to by voice vote.

April 28, 2010 • 2:13 PM

Not Used

Amendment agreed to Committee of the Whole

April 28, 2010 • 2:13 PM

Floor

Amendment (A015) offered by Mr. Grayson. (consideration: CR H2980-2981; text: CR H2980)

April 28, 2010 • 2:03 PM

Floor

On agreeing to the Grayson amendment (A015) Agreed to by voice vote.

April 28, 2010 • 2:13 PM