[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1109 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1109

To amend title 10, United States Code, to require 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2013

 Mr. Grayson introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to require 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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.''.
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