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(ii) cost or price information. 
(3) EVALUATION FACTORS.—The evaluation factors to be used in 
evaluating phase-one proposals are stated in the solicitation and include 
specialized experience and technical competence, capability to perform, 
past performance of the offeror’s team (including the architect-engineer 
and construction members of the team), and other appropriate factors, 
except that cost-related or price-related evaluation factors are not per-
mitted. Each solicitation establishes the relative importance assigned to 
the evaluation factors and subfactors that must be considered in the 
evaluation of phase-one proposals. The agency evaluates phase-one pro-
posals on the basis of the phase-one evaluation factors set forth in the 
solicitation. 
(4) SELECTION BY CONTRACTING OFFICER.— 
(A) NUMBER OF OFFERORS SELECTED AND WHAT IS TO BE 
EVALUATED.—The contracting officer selects as the most highly 
qualified the number of offerors specified in the solicitation to pro-
vide the property or services under the contract and requests the 
selected offerors to submit phase-two competitive proposals that 
include technical proposals and cost or price information. Each so-
licitation establishes with respect to phase two— 
(i) the technical submission for the proposal, including de-
sign concepts or proposed solutions to requirements addressed 
within the scope of work, or both; and 
(ii) the evaluation factors and subfactors, including cost or 
price, that must be considered in the evaluations of proposals 
in accordance with subsections (b) to (d) of section 3306 of 
this title. 
(B) SEPARATE
EVALUATIONS.—The contracting officer sepa-
rately evaluates the submissions described in clauses (i) and (ii) 
of subparagraph (A). 
(5) AWARDING OF CONTRACT.—The agency awards the contract in 
accordance with chapter 37 of this title. 
(d) SOLICITATION TO STATE NUMBER OF OFFERORS TO BE SELECTED 
FOR PHASE-TWO REQUESTS FOR COMPETITIVE PROPOSALS.—A solicitation 
issued pursuant to the procedures described in subsection (c) shall state the 
maximum number of offerors that are to be selected to submit competitive 
proposals pursuant to subsection (c)(4). The maximum number specified in 
the solicitation shall not exceed 5 unless the agency determines with respect 
to an individual solicitation that a specified number greater than 5 is in the 
Federal Government’s interest and is consistent with the purposes and ob-
jectives of the two-phase selection process. 
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(e) REQUIREMENT FOR GUIDANCE AND REGULATIONS.—The Federal Ac-
quisition Regulation shall include guidance— 
(1) regarding the factors that may be considered in determining 
whether the two-phase contracting procedures authorized by subsection 
(a) are appropriate for use in individual contracting situations; 
(2) regarding the factors that may be used in selecting contractors; 
and 
(3) providing for a uniform approach to be used Government-wide. 
§ 3310. Quantities to order 
(a) FACTORS AFFECTING QUANTITY TO ORDER.—Each executive agency 
shall procure supplies in a quantity that— 
(1) will result in the total cost and unit cost most advantageous to 
the Federal Government, where practicable; and 
(2) does not exceed the quantity reasonably expected to be required 
by the agency. 
(b) OFFEROR’S OPINION OF QUANTITY.—Each solicitation for a contract 
for supplies shall, if practicable, include a provision inviting each offeror re-
sponding to the solicitation to state an opinion on whether the quantity of 
supplies proposed to be procured is economically advantageous to the Fed-
eral Government and, if applicable, to recommend a quantity that would be 
more economically advantageous to the Federal Government. Each rec-
ommendation shall include a quotation of the total price and the unit price 
for supplies procured in each recommended quantity. 
§ 3311. Qualification requirement 
(a) DEFINITION.—In this section, the term ‘‘qualification requirement’’ 
means a requirement for testing or other quality assurance demonstration 
that must be completed by an offeror before award of a contract. 
(b) ACTIONS BEFORE ENFORCING QUALIFICATION REQUIREMENT.—Ex-
cept as provided in subsection (c), the head of an agency, before enforcing 
any qualification requirement, shall— 
(1) prepare a written justification stating the necessity for estab-
lishing the qualification requirement and specify why the qualification 
requirement must be demonstrated before contract award; 
(2) specify in writing and make available to a potential offeror on 
request all requirements that a prospective offeror, or its product, must 
satisfy to become qualified, with those requirements to be limited to 
those least restrictive to meet the purposes necessitating the establish-
ment of the qualification requirement; 
(3) specify an estimate of the cost of testing and evaluation likely 
to be incurred by a potential offeror to become qualified; 
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