S.1587 - Federal Acquisition Streamlining Act of 1994103rd Congress (1993-1994)
|Sponsor:||Sen. Glenn, John H., Jr. [D-OH] (Introduced 10/26/1993)|
|Committees:||Senate - Governmental Affairs; Armed Services; Small Business|
|Committee Reports:||S.Rept 103-258; S.Rept 103-259; H.Rept 103-712|
|Latest Action:||10/13/1994 Became Public Law No: 103-355. (All Actions)|
|Roll Call Votes:||There has been 1 roll call vote|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed Senate
- Passed House
- Resolving Differences
- To President
- Became Law
Summary: S.1587 — 103rd Congress (1993-1994)All Information (Except Text)
Conference report filed in House (08/21/1994)
TABLE OF CONTENTS:
Title I: Contract Formation
Subtitle A: Competition Statutes
Subtitle B: Truth in Negotiations
Subtitle C: Research and Development
Subtitle D: Procurement Protests
Subtitle E: Policy, Definitions, and Other Matters
Title II: Contract Administration
Subtitle A: Contract Payment
Subtitle B: Cost Principles
Subtitle C: Audit and Access to Records
Subtitle D: Claims and Disputes
Subtitle E: Miscellaneous
Title III: Service Specific and Major Systems Statutes
Subtitle A: Major Systems Statutes
Subtitle B: Testing Statutes
Subtitle C: Service Specific Laws
Subtitle D: Civil Reserve Air Fleet
Subtitle E: Miscellaneous
Title IV: Simplified Acquisition Threshold
Subtitle A: Establishment of Threshold
Subtitle B: Inapplicability of Laws to Acquisitions
at or Below the Simplified Acquisition Threshold
Subtitle C: Simplified Acquisition Procedures
Subtitle D: Micro-Purchase Procedures
Subtitle E: Conforming Amendments
Title V: Acquisition Management
Subtitle A: Armed Services Acquisitions
Subtitle B: Civilian Agency Acquisitions
Subtitle C: Pilot Programs
Subtitle D: Miscellaneous
Title VI: Other Procurement-related Matters
Title VII: Small Business and Socioeconomic Laws
Subtitle A: Small Business Laws
Subtitle B: Socioeconomic Laws
Subtitle C: Waiver of Application of Prevailing
Wage-Setting Requirements to Volunteers
Title VIII: Commercial Items
Subtitle A: Definitions and Regulations
Subtitle B: Armed Services Acquisitions
Subtitle C: Civilian Agency Acquisitions
Subtitle D: Acquisitions Generally
Title IX: Federal Acquisition Computer Network
Title X: Effective Dates and Implementation
Federal Acquisition Streamlining Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration (NASA), Coast Guard, Department of Defense, and respective military departments) procurement.
(Sec. 1002) Revises competition requirements, among other changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense.
(Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures.
(Sec. 1004) Repeals expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders. Creates new authority for the head of a subject agency to: (1) enter into task and delivery order contracts for procurement of services or property; and (2) appoint a task and delivery order ombudsman for reviewing complaints involving multiple contracts.
(Sec. 1005) Provides for procurement of expert services for court or administrative proceedings.
(Sec. 1011) Revises solicitation requirements, among other changes requiring the head of a subject agency to: (1) include cost or price as a factor to be considered in evaluating competitive proposals; and (2) disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price.
(Sec. 1012) Relocates provisions concerning purchase option evaluation.
(Sec. 1013) Modifies notice requirements, providing, among other changes, for notice by electronic means.
(Sec. 1014) Provides, under certain conditions, for: (1) debriefings furnishing unsuccessful offerors certain basic information on the contract award; and (2) protest files affording offerors reasonable access in protests to the Comptroller General (CG).
(Sec. 1016) Authorizes the head of a subject agency to: (1) take certain actions, such as issuing a new solicitation or terminating a contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law; and (2) pay certain costs involved in the protest, including reasonable attorney's fees, subject to prescribed limitations.
(Sec. 1021) Eliminates: (1) certain restrictions on cost and incentive contracts; and (2) annual reports by DOD advocates for competition.
(Sec. 1022) Revises and reorganizes provisions for multi-year contracting.
Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those in part I above with respect to civilian agencies. Provides for: (1) solicitations for contracts to be awarded using sealed bid procedures; (2) multi-year contracts for the acquisition of property and services; (3) contracts for procurements of severable services for periods crossing fiscal years; (4) regulations governing Economy Act purchases; and (5) systems for collecting and evaluating appropriate data on procurements conducted under such regulations.
Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to: (1) require establishment of policies and procedures for encouraging the consideration of past contract performance in selecting contractors; (2) require the Administrator of the Office of Federal Procurement Policy (Administrator) to prescribe for executive agencies guidance regarding such consideration; (3) repeal certain congressional reporting requirements on executive agency contract competition; and (4) direct the Federal Acquisition Regulatory Council (FAR Council) to promulgate regulations to discourage the use of nonstandard contract clauses on a repetitive basis.
Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal law (Truth in Negotiations Act (TINA)) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); (2) provide for periodic inflation adjustments in such threshold; (3) repeal certain provisions concerning modification of contracts; and (4) make changes in exceptions to data submission requirements.
(Sec. 1203) Modifies provisions for submission of cost or pricing data in cases where such submission is not otherwise required, but determined necessary for determining price reasonableness, adding authority to require the submission of other data for such purposes when certified cost or pricing data is not required to be submitted.
(Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where a procurement is conducted on the basis of adequate price competition.
(Sec 1205) Cross-references the right of the United States to examine contractor records under certain audit provisions.
(Sec. 1206) Requires the Federal Acquisition Regulation (FAR) to contain provisions concerning the types of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the Government is fair and reasonable when certified cost or pricing data are not required to be submitted because the price of the procurement is not expected to exceed the applicable threshold amount.
(Sec. 1207) Provides for consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data.
(Sec. 1208) Includes as a subcontract a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor.
Adds a definition of "commercial item" cross-referenced to provisions under OFPPA.
(Sec. 1209) Covers NASA and the Coast Guard under TINA interest and penalty provisions for certain overpayments.
Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements similar to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data.
Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments.
Subtitle D: Procurement Protests - Part I: Protests to the Controller General - Modifies CICA's procurement protest system by: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorney's fees currently required; (4) setting limits on such fees, except in the case of small businesses; (5) requiring subject agencies to pay recommended amounts or else report to the CG the reasons for failing to do so; (6) directing the CG to report to the Congress on agency implementation of CG recommendations; and (7) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and disseminations under the system.
Part II: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board), upon an interested party's request, to review any decision by a contracting officer alleged to have violated the law or the conditions of delegated authority; and (3) change time frames for final board decisions on protests and hearings for suspending procurement authority.
(Sec. 1434) Authorizes: (1) dismissal of frivolous and bad faith protests; and (2) board ordered payment of additional specified fees to prevailing parties.
(Sec. 1436) Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make any settlement payments from the judgment fund.
(Sec. 1437 Requires board rules and procedures for expeditious protest disposition to include procedures for time frame calculations and electronic transmissions as well as for appropriate procedural sanctions for willful abuses of the board's process during a protest.
(Sec. 1438) Adds to FPASA the new definition of "protest" added above under part I.
(Sec.1439) Requires the GSA Administrator to collect and compile certain basic data on agency procurement of automatic data processing equipment for oversight purposes.
Subtitle E: Policy, Definitions, and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law, repealing policy provisions on defense procurement, and making changes in definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to OFPPA, as well as changes in provisions on decisions, while retaining requirements on the form and retention of findings.
(Sec. 1503) Consolidates provisions on delegation of procurement functions by a subject agency head.
(Sec. 1505) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies.
(Sec. 1506) Repeals DOD provisions regarding production special tooling and test equipment.
(Sec. 1507) Gives the Secretary of Defense (currently, the Secretary of a military department) sole authority to prescribe regulations on contract bids for a military department.
Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA.
(Sec. 1552) Makes changes similar to those above concerning procurement function delegation and decisions for civilian agencies.
(Sec. 1554) Repeals specified provisions of Federal law relating to a preference for procurement of recycled toner cartridges.
(Sec. 1555) Authorizes the GSA Administrator to provide: (1) to qualified nonprofit agencies for the blind or other severely handicapped under the Javits-Wagner-O'Day Act (JWO), upon request, any of the services he or she is currently authorized to perform for other Federal agencies, mixed ownership corporations, or the District of Columbia under FPASA; and (2) for the use of GSA supply schedules by State or local governments, Puerto Rico, or Indian tribal governments, upon request, and subject to appropriate reimbursement of GSA for administrative costs incurred in such use.
Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, among other changes, consolidating and eliminating certain ones with regard to certain navy contracts, revising conditions for progress payments, and providing for conditions for payments for commercial items.
(Sec. 2002) Repeals DOD vouchering requirements.
Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud.
Part III: Acquisitions Generally - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the FAR Council to modify FAR to apply Government-wide the requirements under that Act the Secretary of DOD is required to prescribe in regulations applicable with respect to DOD contracts.
Subtitle B: Cost Principles - Part I: Armed Services Aquisitions - Amends the Defense Procurement Improvement Act of 1985 to: (1) include NASA and the Coast Guard under allowable contractor costs provisions; (2) raise the threshold for coverage under such Act to $500,000 (adjusted periodically for inflation); (3) exclude contracts for commercial items from coverage under such Act; (4) make unallowable under covered contracts costs to influence local legislative bodies; and (5) require current DOD regulations dealing with the allowability of contractor costs under covered contracts to clarify the cost principles applicable to contractor costs for conventions.
(Sec. 2102) Repeals standby profit controls for use during national emergencies.
Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements for executive agencies on allowable contractor costs with requirements nearly identical to those for DOD amended in part I above (and the changes made by such amendments).
Part III: Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses.
(Sec. 2192) Disallows under covered contracts the costs of gifts or recreation for contractor employees or family members that are provided by the contractor to improve employee morale or performance or for any other purpose unless the FAR Council specifies the circumstances under which such costs are allowable.
Directs the FAR Council to make certain amendments to FAR's cost principle with regard to the unallowability of entertainment costs.
Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records.
Part II: Civilian Agency Acquisitions - Relocates and modifies requirements under FPASA for executive agency examination of contractor records, replacing them with requirements similar to those above under part I for subject agencies.
Subtitle D: Claims and Disputes - Part I: Armed Services Acquisitions - Amends miscellaneous defense procurement provisions to add requirements for certification of requests for equitable adjustment or other relief in certain cases, as well as restrictions on legislative payments of contract claims.
(Sec. 2302) Modifies military department shipbuilding contract claims requirements, among other changes making requirements on certification resubmission applicable only with respect to claims, requests, or demands submitted before the effective date of such requirements.
Part II: Acquisitions Generally - Amends the Contract Disputes Act of 1978 to: (1) require certain contractor and Government claims to be submitted for resolution within six years after the accrual of the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications, as well as maximum amounts for accelerated and small claims procedures; (3) extend the authority of agencies to engage in alternative means of dispute resolution and require detailed written explanations when requests for such proceedings are denied; and (4) allow U.S. district courts to request advisory opinions from the board in certain cases.
(Sec. 2353) Requires FAR to include provisions for expedited contracting officer responses to small business requests involving matters relating to contract administration.
Subtitle E: Miscellaneous - Part I: Armed Services Acquisitions - Revises provisions on: (1) qualification requirements for aircraft and ship spare parts; and (2) contractor guarantees with regard to weapon systems.
Part II: Acquisition Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees.
(Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office.
(Sec. 2453) Repeals the obsolete deadline under OFPPA regarding procedural regulations for the Cost Accounting Standards Board.
(Sec. 2454) Codifies accounting requirements for contracted advisory and assistance services.
(Sec. 2455) Mandates issuance of Government-wide regulations providing for debarment or suspension of procurement participants otherwise excluded from participating in certain procurement or nonprocurement activities, allowing for certain exceptions.
Title III: Service Specific and Major Systems Statutes - Subtitle A: Major Systems Statutes - Modifies: (1) weapons development and procurement schedules report requirements; (2) selected acquisition report requirements; (3) unit cost report requirements; and (4) major defense acquisition program requirements concerning independent cost and manpower estimates, baseline descriptions, and deviation reporting.
(Sec. 3006) Repeals competitive prototyping and alternative source requirements.
Subtitle B: Testing Statutes - Revises reporting and other duties of the Director of Operational Test and Evaluation, adding requirements for monitoring live fire testing activities of DOD.
(Sec. 3014) Modifies: (1) major systems and munitions programs requirements concerning survivability and lethality testing, adding additional waiver authority with respect to covered systems (and including a covered product improvement program for a covered system within such authority); and (2) major system milestone II and other requirements with regard to determining the quantities to be procured for low-rate initial production.
Subtitle C: Service Specific Laws - Authorizes the Secretary to accept gratuitous services of certain reserve component officers.
(Sec. 3022) Provides that the authority of the Secretary and of the Secretaries of the military departments (concerned Secretaries) to make use of manufacturing information and Government equipment and materials in the interest of national defense extends to renting as well as to selling or lending such information, equipment, and materials.
(Sec. 3023) Repeals specified provisions subjecting navy contracts to the Walsh-Healey Act (WHA), requiring the construction of vessels on the Pacific Coast, and authorizing the Secretary of the Navy to make expenditures for scientific investigations and research for the Navy.
Subtitle D: Civil Reserve Air Fleet - Consolidates and revises civil reserve air fleet requirements, adding provisions for military installation use by fleet contractors, and making other changes, including those with regard to the definition of "contractor."
Subtitle E: Miscellaneous - Removes the limitation on obligation of funds for defense production, warehousing, and supply distribution purposes, requiring instead that the Secretary prescribe regulations governing the performance within DOD of such functions.
(Sec. 3062) Repeals certain requirements for aviation product evaluation.
(Sec. 3063) Allows funds appropriated for a military department for supplies to be used to acquire technical (currently only design, process, and manufacturing) data and computer software, as well as releases (regardless of when the suit is brought) for past patent or copyright infringement and unauthorized data or software use.
(Sec. 3064) Revises references to liquid fuels and natural gas with regard to defense contracts for storage, handling, and distribution.
(Sec. 3065) Codifies limitations on DOD and military department vessel, aircraft, and vehicle leases, with modifications.
(Sec. 3066) Exempts contracts for procurement of domestic soft drink supplies from exchange stores abroad for armed forces use from certain requirements.
(Sec. 3067) Gives DOD the authority to designate disbursing officers within DOD.
Title IV: Simplified Acquisition Threshold - Subtitle A: Establishment of Threshold - Establishes a new simplified acquisition threshold (SAT) of $100,00, replacing the current small purchase threshold, for use also under the Small Business Act (SBA), for purposes of acquisitions by subject and executive agencies.
(Sec. 4004) Amends SBA to reserve for small businesses all contracts over $2,500 but not over $100,000.
Subtitle B: Inapplicability of Laws to Acquisitions At or Below The Simplified Acquisition Threshold - Makes certain covered Federal laws listed in FAR, as well as various specified requirements, prohibitions, and standards, including those under the Anti-kickback Act of 1986, "Miller Act", and Drug-Free Workplace Act of 1988, inapplicable to subject and executive contracts or subcontracts in amounts at or below SAT.
Subtitle C: Simplified Acquisition Procedures - Requires FAR to provide for special simplified procedures for contracts for acquisition of property and services that are at or below SAT. Sets forth special rules for using such procedures that, for example, prohibit dividing purchases into lesser amounts in order to use such procedures and take into consideration the agency's interim FACNET capability.
(Sec. 4201) Requires an executive agency: (1) intending to solicit offers for a contract for which a solicitation notice is required to be posted to ensure that contracting officers consider each responsible offer timely received from an offeror; and (2) to establish a deadline for the submission of all bids or proposals in response to a solicitation with respect to which no such deadline is provided by statute. Requires each deadline for the submission of offers to afford potential offerors a reasonable opportunity to respond.
(Sec. 4202) Amends OFPPA and SBA to: (1) continue existing notice thresholds for non-electronically conducted procurements between $25,000 and $100,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders exceeding SAT); and (2) describe additional contents for notices with respect to contracts between $25,000 and $100,000.
Subtitle D: Micro-Purchase Procedures - Amends OFPPA to require special simplified procedures under FAR for acquisitions under SAT, with implementing regulations, among other things: (1) exempting purchases not exceeding $2,500 from SAB reservation and Buy American Act (BAA) requirements; (2) prohibiting Federal officers and employees making such purchases from being classified as procurement officials under OFPPA procurement integrity provisions; and (3) allowing purchases at or below $2,500 to be made without obtaining competitive quotations if the contracting officer determines that the purchase price is reasonable.
Subtitle E: Conforming Amendments - Amends specified executive and subject agency procurement law to make conforming changes substituting "SAT" as appropriate.
Title V: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal defense planning and coordination law to require: (1) the DOD Secretary to approve or define the cost, performance, and schedule goals for major defense acquisition programs and for each phase of the acquisition cycle of such programs; (2) the Comptroller of DOD to evaluate the cost goals proposed for each major defense acquisition program; (3) the DOD Secretary to include in the annual report to the President and the Congress on DOD accomplishments an assessment with regard to, among other things, acquisition program achievement of such goals. Requires the Secretary to ensure that there is a timely review of such programs if they are found not to have achieved such goals.
(Sec. 5001) Requires the Secretary to: (1) review the incentives and personnel actions for encouraging excellence in the management of defense acquisition programs and provide an enhanced system of incentives to facilitate the achievement of such goals; (2) submit to the Congress any recommended legislation considered necessary to facilitate and enhance management of DOD acquisition programs; and (3) review DOD regulations to ensure that acquisition program cycle procedures are focused on achieving the goals that are consistent with the appropriate program baseline description.
(Sec. 5002) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal provisions on: (1) program phases and phase funding; and (2) program work force policies.
Subtitle B: Civilian Agency Acquisitions - Provides for similar changes under FPASA with regard to civilian agency acquisitions.
(Sec. 5052) Directs the Administrator for Federal Procurement Policy to develop results-oriented acquisition process guidelines for implementation by agencies in acquisitions of property and services by Federal agencies. Precludes such guidelines from being applied to DOD.
Subtitle C: Pilot Programs - Authorizes the Administrator for Federal Procurement Policy to conduct a program of tests of alternative and innovative procurement procedures, including the Federal acquisition computer network (FACNET) capability. Requires such tests to be carried out in not more than two specific procuring activities in a designated agency and meet certain requirements and limitations. Places a limitation on the total value of contracts under the program.
(Sec. 5062) Authorizes: (1) the Administrator of NASA to conduct a test of alternative notice and publication requirements for NASA procurements; (2) the Secretary of Transportation to conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan; and (3) the Secretary of Defense to designate specified defense acquisition programs for participation in the defense acquisition pilot program authorized under the National Defense Authorization Act for Fiscal Year 1991.
(Sec. 5064) Revises provisions under the National Defense Authorization Act for Fiscal Year 1994 on: (1) mission-oriented program management; (2) efficient contracting processes; and (3) contract administration and performance-based contract management.
Subtitle D: Miscellaneous - Amends OFPPA to authorize the Administrator to establish Government-wide awards for vendor and employee excellence.
(Sec. 5092) Provides for an increased waiting period for significant changes proposed for acquisition regulations.
(Sec. 5093) Expresses the sense of the Congress that, in prescribing acquisition regulations, the FAR Council should consider using negotiated rulemaking procedures in appropriate circumstances.
Title VI: Other Procurement-Related Matters - Repeals pay and allowance provisions restricting payments to certain officers.
Suspends for a certain period Federal criminal code restrictions on retired military officers regarding certain matters affecting the Government.
(Sec. 6002) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance on determining whether Federal personnel expertise is available before contracting for such services to conduct acquisitions.
(Sec. 6004) Amends the Revised Statutes with respect to Members of Congress and public contracts to eliminate the need for a contract clause (but retain the prohibition against benefiting from a contract entered into by the United States).
(Sec. 6005) Revises and consolidates the two existing whistleblower protection systems for DOD contractor employees.
(Sec. 6006) Amends FPASA to create identical protection for whistleblowers who are employees of civilian agency contractors.
(Sec. 6007) Requires: (1) the CG to review the independence of legal services provided to Inspectors General for a report to the Congress; and (2) the Administrator of the General Services Administration to issue guidelines to ensure that agencies promote, encourage, and facilitate the use of frequent traveler programs by Federal employees engaging in official air travel. Provides that any awards granted under such a frequent traveler program accrued through official travel shall be used only for official travel.
(Sec. 6009) Requires Federal agencies to take prompt action on all audit recommendations.
Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends SBA to: (1) repeal provisions on set-aside priority of firms in labor surplus areas; and (2) include small businesses owned and controlled by women within the goals for awarding procurement contracts to small businesses.
(Sec. 7102) Authorizes agency heads to restrict competition for certain contracts to small business concerns pawned and controlled by socially and economically disadvantaged individuals, with a price evaluation preference of up to ten percent.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to provide for an extension of the test program for negotiation of comprehensive small business subcontracting plans.
(Sec. 7104) Establishes an interagency Small Business Procurement Advisory Council to: (1) develop positions on proposed procurement regulations affecting the small business community; and (2) submit comments reflecting such positions to appropriate regulatory authorities.
(Sec. 7105) Extends the DOD contract goal for small disadvantaged businesses and certain minority institutions of higher education to the Coast Guard and NASA.
(Sec. 7107) Directs the Administrator to: (1) review and report to the Congress on the various small business arrangements described under Federal law for women, minorities, and other specified groups for purposes of authorizing their participation as Federal contractors; and (2) develop uniform definitions and certification standards and procedures for such small businesses.
(Sec. 7108) Adds additional functions pertaining to the establishment of policies and procedures for ensuring small business participation in executive agency procurements to the list of those enumerated under current law for the Administrator.
Subtitle B: Socioeconomic Laws - Amends the Walsh-Healey Act to authorize the Secretary of Labor to prescribe in regulations the standards for determining whether a contractor is a manufacturer of or a regular dealer in materials, supplies, articles, or equipment to be manufactured or used in the performance of a contract entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States, for the manufacture or furnishing of materials, supplies, articles, and equipment.
(Sec. 7202) Revises and codifies the prohibition on use of appropriated funds for assisting DOD contractors in documenting the economic or employment impacts certain acquisition programs in particular States or congressional districts for which all research, development, testing, and evaluation have not been completed.
(Sec. 7203) Amends subject and civilian agency (FPASA) law to declare that it is the policy of Congress that no agency should be required by legislation to award a new contract to a specific non-Federal source, or a new grant to a non-Federal entity, unless the law identifies the non-Federal source or entity involved and states that the procurement contravenes such policy. States that any program, project, or technology identified in legislation should be procured through merit-based selection procedures.
(Sec. 7204) Expresses the sense of the House of Representatives that: (1) contractors performing Federal construction contracts should, to the maximum extent practicable, give preference in the selection of subcontractors to subcontractors participating in apprenticeship programs registered with the Department of Labor or with a State apprenticeship agency recognized by such Department; and (2) contractors and subcontractors performing Federal construction contracts should provide maximum practicable opportunities for employment of apprentices who are participating in or who have completed such apprenticeship programs.
(Sec. 7205) Repeals certain: (1) obsolete FPASA provisions on laws applicable to contracts; (2) redundant Buy American Act requirements for policy guidance; (3) expired requirements for DOD reports to the Congress on foreign purchases; and (4) Trade Agreements Act of 1979 to reporting requirements on procurements in labor surplus areas.
Subtitle C: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Provides for waivers of Davis-Bacon Act (DBA) prevailing-wage-setting requirements with respect to volunteers who perform services under the Library Services and Construction Act, Indian Self-Determination and Education Assistance Act, migrant or community health center provisions of the Public Health Service Act, the Indian Health Care Improvement Act, and the Housing and Community Development Act of 1974. Prohibits approval of payment of any expense, benefit, or fee to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.
(Sec. 7306) Directs the Secretary of Labor to report to the Congress on such waivers and make recommendations with respect to other DBA-related Acts that may be considered in legislation to permit volunteer work.
Title VIII: Commercial Items - Subtitle A: Definitions and Regulations - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component."
(Sec. 8002) Requires the FAR to provide: (1) regulations on executive and subject agency acquisition of commercial items; (2) requirement pertaining to market acceptance and the use of warranties, firm fixed price contracts for commercial items, and past performance of commercial items and sources as a factor in awarding contracts; and (3) rules permitting reliance on existing quality assurance systems for commercial items.
Makes ineffective certain DOD provisions for acquisition of commercial and nondevelopmental items.
(Sec. 8003) Requires FAR to include a list of certain future enacted laws that are inapplicable to contracts for the procurement of commercial items.
Subtitle B: Armed Services Acquisitions - Creates a preference under current law to for procurement of commercial items (or nondevelopmental items other than commercial items if commercial items suitable to meet the agency's needs are not available) by DOD, the Coast Guard and NASA. Exempts such procurements from specified provisions of Federal law and regulations thereunder, such as those relating to prohibitions on contingency fees and persons convicted of defense-related felonies.
Subtitle C: Civilian Agency Acquisitions - Makes changes analogous to those under the subtitles above with respect to executive agencies.
Subtitle D: Acquisitions Generally - Makes certain provisions of Federal law inapplicable to acquisitions generally.
(Sec. 8302) Amends OFPPA to direct the Administrator to prescribe regulations defining limited circumstances in which flexible deadlines can be used for submitting contract offers for commercial item procurements.
(Sec. 8303) Gives agency competition advocates the added responsibility of promoting the acquisition of commercial items.
(Sec. 8305) Requires a CG review of Federal market research use for a report to the Congress.
Title IX: Federal Acquisition Computer Network - Directs the Administrator to establish a program for developing and implementing FACNET (an electronic procurement system connecting executive and subject agencies with the private sector for the acquisition of certain contracts).
Title X: Effective Dates and Implementation - Specifies the effective dates of this Act and its amendments.
(Sec. 10003) Requires a CG report to the Congress evaluating the effectiveness of the FAR revisions implementing this Act in streamlining the acquisition system and fulfilling the other purposes of this Act.
(Sec. 10004) Requires the Federal Procurement Data System described under OFPPA to be modified to collect from contracts exceeding SAT certain data identifying contract awards, task order contracts, and other specified matters.
(Sec. 10005) Designates: (1) FPASA provisions on selection or architects and engineers as the Brooks Architect-Engineers Act; (2) FPASA provisions on automatic data processing as the Brooks Automatic Data Processing Act; and (3) other specified Acts as, respectively, the Javits-Wagner-O'Day Act, the Miller Act, the Buy American Act, and the Walsh-Healey Act.