124 STAT. 3753 PUBLIC LAW 111–350—JAN. 4, 2011 agency and the market available to satisfy those needs. Subject to those needs, specifications may be stated in terms of— (A) function, so that a variety of products or services may qualify; (B) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or (C) design requirements. (b) CONTENTS OF SOLICITATION.—In addition to the specifications described in subsection (a), each solicitation for sealed bids or competitive proposals (other than for a procurement for commercial items using special simplified procedures or a purchase for an amount not greater than the simplified acquisition threshold) shall at a minimum include— (1) a statement of— (A) all significant factors and significant subfactors that the executive agency reasonably expects to consider in evaluating sealed bids (including price) or competitive pro- posals (including cost or price, cost-related or price-related factors and subfactors, and noncost-related or nonprice- related factors and subfactors); and (B) the relative importance assigned to each of those factors and subfactors; and (2)(A) in the case of sealed bids— (i) a statement that sealed bids will be evaluated without discussions with the bidders; and (ii) the time and place for the opening of the sealed bids; or (B) in the case of competitive proposals— (i) either a statement that the proposals are intended to be evaluated with, and the award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and the award made, without discussions with the offerors (other than discussions con- ducted for the purpose of minor clarification) unless discus- sions are determined to be necessary; and (ii) the time and place for submission of proposals. (c) EVALUATION FACTORS.— (1) IN GENERAL.—In prescribing the evaluation factors to be included in each solicitation for competitive proposals, an executive agency shall— (A) establish clearly the relative importance assigned to the evaluation factors and subfactors, including the quality of the product or services to be provided (including technical capability, management capability, prior experi- ence, and past performance of the offeror); (B) include cost or price to the Federal Government as an evaluation factor that must be considered in the evalua- tion of proposals; and (C) disclose to offerors whether all evaluation factors other than cost or price, when combined, are— (i) significantly more important than cost or price; (ii) approximately equal in importance to cost or price; or (iii) significantly less important than cost or price. (2) RESTRICTION ON IMPLEMENTING REGULATIONS.—Regula- tions implementing paragraph (1)(C) may not define the terms
