107 
(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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108 
(4) ensure that a potential offeror is provided, on request, a prompt 
opportunity to demonstrate at its own expense (except as provided in 
subsection (d)) its ability to meet the standards specified for qualifica-
tion using— 
(A) qualified personnel and facilities— 
(i) of the agency concerned; 
(ii) of another agency obtained through interagency agree-
ment; or 
(iii) under contract; or 
(B) other methods approved by the agency (including use of ap-
proved testing and evaluation services not provided under contract 
to the agency); 
(5) if testing and evaluation services are provided under contract to 
the agency for the purposes of paragraph (4), provide to the extent 
possible that those services be provided by a contractor that— 
(A) is not expected to benefit from an absence of additional 
qualified sources; and 
(B) is required in the contract to adhere to any restriction on 
technical data asserted by the potential offeror seeking qualifica-
tion; and 
(6) ensure that a potential offeror seeking qualification is promptly 
informed whether qualification is attained and, if not attained, is 
promptly furnished specific information about why qualification was 
not attained. 
(c) APPLICABILITY, WAIVER AUTHORITY, AND REFERRAL OF OFFERS.— 
(1) APPLICABILITY.—Subsection (b) does not apply to a qualification 
requirement established by statute prior to October 30, 1984. 
(2) WAIVER AUTHORITY.— 
(A) 
SUBMISSION
OF
DETERMINATION
OF 
UNREASONABLENESS.—Except as provided in subparagraph (C), if 
it is unreasonable to specify the standards for qualification that 
a prospective offeror or its product must satisfy, a determination 
to that effect shall be submitted to the advocate for competition 
of the procuring activity responsible for the purchase of the item 
subject to the qualification requirement. 
(B) AUTHORITY
TO
GRANT
WAIVER.—After considering any 
comments of the advocate for competition reviewing the deter-
mination, the head of the procuring activity may waive the re-
quirements of paragraphs (2) to (5) of subsection (b) for up to 
2 years with respect to the item subject to the qualification re-
quirement. 
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