[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 405. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASING COMPETITION IN MULTIPLE-AWARD TASK OR 
                   DELIVERY ORDER CONTRACTS AND CERTAIN FEDERAL 
                   SUPPLY SCHEDULE CONTRACTS.

       Section 3306(c) of title 41, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by inserting ``except as provided 
     in paragraph (3),'' before ``include cost or price''; and
       (B) in subparagraph (C), by inserting ``except as provided 
     in paragraph (3),'' before ``disclose to offerors''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Increasing competition for certain multiple-award 
     contracts and certain federal supply schedule contracts for 
     services acquired on an hourly rate.--If the head of an 
     executive agency issues a solicitation for two or more 
     contracts for services to be acquired on an hourly rate basis 
     under the authority of sections 4103 and 4106 of this title 
     (multiple award task or delivery order contracts) or section 
     152(3) of this title and section 501(b) of title 40 (Federal 
     Supply Schedule contracts), then--
       ``(A) when the contract or contracts feature individually 
     competed task or delivery orders based on or built up from 
     hourly rates, the contracting officer need not consider cost 
     or price as an evaluation factor for contract award;
       ``(B) the disclosure requirement of subparagraph (C) of 
     paragraph (1) shall not apply; and
       ``(C) cost or price to the Federal Government shall be 
     considered in conjunction with the issuance of any task 
     pursuant to section 4106(c) of this title.''.
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