H.R.1837 - Services Acquisition Reform Act of 2003108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Rep. Davis, Tom [R-VA-11] (Introduced 04/29/2003) |
|---|---|
| Committees: | House - Government Reform; Armed Services; Judiciary |
| Committee Reports: | H. Rept. 108-117,Part 1; H. Rept. 108-117,Part 2 |
| Latest Action: | House - 09/03/2003 Placed on the Union Calendar, Calendar No. 140. (All Actions) |
Tracker:
This bill has the status Introduced
Here are the steps for Status of Legislation:
- Introduced
Subject — Policy Area:
- Government Operations and Politics
- View subjects
Text: H.R.1837 — 108th Congress (2003-2004)All Information (Except Text)
Text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Shown Here:
Reported in House (09/03/2003)
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 1837 Reported in House (RH)]
Union Calendar No. 140
108th CONGRESS
1st Session
H. R. 1837
[Report No. 108-117, Parts I and II]
To improve the Federal acquisition workforce and the process for the
acquisition of services by the Federal Government, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2003
Mr. Tom Davis of Virginia (for himself and Mr. Hunter) introduced the
following bill; which was referred to the Committee on Government
Reform, and in addition to the Committee on Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
May 19, 2003
Reported from the Committee on Government Reform with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 19, 2003
Referred to the Committee on the Judiciary for a period ending not
later than May 20, 2003 for consideration of such provisions of the
bill and amendment as fall within the jurisdiction of that committee
pursuant to clause 1(k), rule X
May 19, 2003
Referral to the Committee on Armed Services extended for a period
ending not later than May 20, 2003
May 20, 2003
Referral to the Committee on Armed Services and the Judiciary extended
for a period ending not later than July 25, 2003
July 25, 2003
The Committee on Armed Services discharged
July 25, 2003
Referral to the Committee on the Judiciary extended for a period ending
not later than September 3, 2003
September 3, 2003
Reported from the Committee on the Judiciary with an amendment;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
29, 2003]
_______________________________________________________________________
A BILL
To improve the Federal acquisition workforce and the process for the
acquisition of services by the Federal Government, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Services
Acquisition Reform Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Executive agency defined.
TITLE I--ACQUISITION WORKFORCE AND TRAINING
Sec. 101. Definition of acquisition.
Sec. 102. Acquisition workforce training fund.
Sec. 103. Government-industry exchange program.
Sec. 104. Acquisition workforce recruitment program.
Sec. 105. Architectural and engineering acquisition workforce.
TITLE II--ADAPTATION OF BUSINESS ACQUISITION PRACTICES
Subtitle A--Adaptation of Business Management Practices
Sec. 201. Chief Acquisition Officers.
Sec. 202. Chief Acquisition Officers Council.
Sec. 203. Statutory and regulatory review.
Subtitle B--Other Acquisition Improvements
Sec. 211. Extension of authority to carry out franchise fund programs.
Sec. 212. Agency acquisition protests.
Sec. 213. Improvements in contracting for architectural and engineering
services.
Sec. 214. Authorization of telecommuting for Federal contractors.
Sec. 215. Procedural requirements for civilian agencies relating to
products of Federal Prison Industries.
TITLE III--CONTRACT INCENTIVES
Sec. 301. Share-in-savings initiatives.
Sec. 302. Incentives for contract efficiency.
TITLE IV--ACQUISITIONS OF COMMERCIAL ITEMS
Sec. 401. Preference for performance-based contracting.
Sec. 402. Authorization of additional commercial contract types.
Sec. 403. Clarification of commercial services definition.
Sec. 404. Designation of commercial business entities.
TITLE V--OTHER MATTERS
Sec. 501. Authority to enter into certain procurement-related
transactions and to carry out certain
prototype projects.
Sec. 502. Amendments relating to Federal emergency procurement
flexibility.
Sec. 503. Authority to make inflation adjustments to simplified
acquisition threshold.
Sec. 504. Technical corrections related to duplicative amendments.
Sec. 505. Exemption from limitations on procurement of foreign
information technology that is a commercial
item.
Sec. 506. Prohibition on use of quotas.
Sec. 507. Public disclosure of noncompetitive contracting for the
reconstruction of infrastructure in Iraq.
Sec. 508. Applicability of certain provisions to sole source contracts
for goods and services treated as
commercial items.
SEC. 2. EXECUTIVE AGENCY DEFINED.
In this Act, the term ``executive agency'' has the meaning given
that term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)), unless specifically stated otherwise.
TITLE I--ACQUISITION WORKFORCE AND TRAINING
SEC. 101. DEFINITION OF ACQUISITION.
Section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403) is amended by adding at the end the following:
``(16) The term `acquisition'--
``(A) means the process of acquiring, with
appropriated funds, by contract for purchase or lease,
property or services (including construction) that
support the missions and goals of an executive agency,
from the point at which the requirements of the
executive agency are established in consultation with
the chief acquisition officer of the executive agency;
and
``(B) includes--
``(i) the process of acquiring property or
services that are already in existence, or that
must be created, developed, demonstrated, and
evaluated;
``(ii) the description of requirements to
satisfy agency needs;
``(iii) solicitation and selection of
sources;
``(iv) award of contracts;
``(v) contract performance;
``(vi) contract financing:
``(vii) management and measurement of
contract performance through final delivery and
payment; and
``(viii) technical and management functions
directly related to the process of fulfilling
agency requirements by contract.''.
SEC. 102. ACQUISITION WORKFORCE TRAINING FUND.
(a) Purposes.--The purposes of this section are to ensure that the
Federal acquisition workforce--
(1) adapts to fundamental changes in the nature of Federal
Government acquisition of property and services associated with
the changing roles of the Federal Government; and
(2) acquires new skills and a new perspective to enable it
to contribute effectively in the changing environment of the
21st century.
(b) Establishment of Fund.--Section 37 of the Office of Federal
Procurement Policy Act (41 U.S.C. 433) is amended by adding at the end
of subsection (h) the following new paragraph:
``(3) Acquisition workforce training fund.--(A) The
Administrator of General Services shall establish an
acquisition workforce training fund. The Administrator shall
manage the fund through the Federal Acquisition Institute to
support the training of the acquisition workforce of the
executive agencies other than the Department of Defense. The
Administrator shall consult with the Administrator for Federal
Procurement Policy in managing the fund.
``(B) There shall be credited to the acquisition workforce
training fund 5 percent of the fees collected by executive
agencies under the following contracts:
``(i) Governmentwide task and delivery-order
contracts entered into under sections 2304a and 2304b
of title 10, United States Code, or sections 303H and
303I of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h and 253i).
``(ii) Governmentwide contracts for the acquisition
of information technology as defined in section 11101
of title 40, United States Code, and multiagency
acquisition contracts for such technology authorized by
section 11314 of such title.
``(iii) Multiple-award schedule contracts entered
into by the Administrator of General Services.
``(C) The head of an executive agency that administers a
contract described in subparagraph (B) shall remit to the
General Services Administration the amount required to be
credited to the fund with respect to such contract at the end
of each quarter of the fiscal year.
``(D) The Administrator of General Services, through the
Office of Federal Acquisition Policy, shall ensure that funds
collected for training under this section are not used for any
purpose other than the purpose specified in subparagraph (A).
``(E) Amounts credited to the fund shall be in addition to
funds requested and appropriated for education and training
referred to in paragraph (1).
``(F) Amounts credited to the fund shall remain available
until expended.''.
SEC. 103. GOVERNMENT-INDUSTRY EXCHANGE PROGRAM.
(a) In General.--Subpart B of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 38--ACQUISITION PROFESSIONAL EXCHANGE PROGRAM
``Sec.
``3801. Definitions.
``3802. General provisions.
``3803. Assignment of employees to private sector organizations.
``3804. Assignment of employees from private sector organizations.
``3805. Reporting requirement.
``3806. Regulations.
``Sec. 3801. Definitions
``For purposes of this chapter--
``(1) the term `agency'--
``(A) subject to subparagraph (B), means an
executive agency; and
``(B) does not include--
``(i) the General Accounting Office;
``(ii) an Office of Inspector General of an
establishment or a designated Federal entity
established under the Inspector General Act of
1978; and
``(iii) the Defense Contract Audit Agency
referred to in section 2313(b) of title 10; and
``(2) the term `detail' means--
``(A) the assignment or loan of an employee of an
agency to a private sector organization without a
change of position from the agency that employs the
individual, or
``(B) the assignment or loan of an employee of a
private sector organization to an agency without a
change of position from the private sector organization
that employs the individual,
whichever is appropriate in the context in which such term is
used.
``Sec. 3802. General provisions
``(a) Assignment Authority.--On request from or with the agreement
of a private sector organization, and with the consent of the employee
concerned, the head of an agency may arrange for the assignment of an
employee of the agency to a private sector organization or an employee
of a private sector organization to the agency. An eligible employee is
an individual who--
``(1) works in the field of Federal acquisition or
acquisition management;
``(2) is considered an exceptional performer by the
individual's current employer; and
``(3) is expected to assume increased acquisition
management responsibilities in the future.
An employee of an agency shall be eligible to participate in this
program only if the employee is employed at the GS-11 level or above
(or equivalent) and is serving under a career or career-conditional
appointment or an appointment of equivalent tenure in the excepted
service.
``(b) Agreements.--Each agency that exercises its authority under
this chapter shall provide for a written agreement between the agency
and the employee concerned regarding the terms and conditions of the
employee's assignment. In the case of an employee of the agency, the
agreement shall--
``(1) require the employee to serve in the civil service,
upon completion of the assignment, for a period equal to the
length of the assignment; and
``(2) provide that, in the event the employee fails to
carry out the agreement (except for good and sufficient reason,
as determined by the head of the agency from which assigned)
the employee shall be liable to the United States for payment
of all expenses of the assignment.
An amount under paragraph (2) shall be treated as a debt due the United
States.
``(c) Termination.--Assignments may be terminated by the agency or
private sector organization concerned for any reason at any time.
``(d) Duration.--Assignments under this chapter shall be for a
period of between 6 months and 1 year, and may be extended in 3-month
increments for a total of not more than 1 additional year, except that
no assignment under this chapter may commence after the end of the 5-
year period beginning on the date of the enactment of this chapter.
``(e) Assistance.--The Administrator for Federal Procurement
Policy, by agreement with the Office of Personnel Management, may
assist in the administration of this chapter, including by maintaining
lists of potential candidates for assignment under this chapter,
establishing mentoring relationships for the benefit of individuals who
are given assignments under this chapter, and publicizing the program.
``(f) Considerations.--In exercising any authority under this
chapter, an agency shall take into consideration--
``(1) the need to ensure that small business concerns are
appropriately represented with respect to the assignments
described in sections 3803 and 3804, respectively; and
``(2) how assignments described in section 3803 might best
be used to help meet the needs of the agency for the training
of employees in acquisition management.
``Sec. 3803. Assignment of employees to private sector organizations
``(a) In General.--An employee of an agency assigned to a private
sector organization under this chapter is deemed, during the period of
the assignment, to be on detail to a regular work assignment in his
agency.
``(b) Coordination With Chapter 81.--Notwithstanding any other
provision of law, an employee of an agency assigned to a private sector
organization under this chapter is entitled to retain coverage, rights,
and benefits under subchapter I of chapter 81, and employment during
the assignment is deemed employment by the United States, except that,
if the employee or the employee's dependents receive from the private
sector organization any payment under an insurance policy for which the
premium is wholly paid by the private sector organization, or other
benefit of any kind on account of the same injury or death, then, the
amount of such payment or benefit shall be credited against any
compensation otherwise payable under subchapter I of chapter 81.
``(c) Reimbursements.--The assignment of an employee to a private
sector organization under this chapter may be made with or without
reimbursement by the private sector organization for the travel and
transportation expenses to or from the place of assignment, subject to
the same terms and conditions as apply with respect to an employee of a
Federal agency or a State or local government under section 3375, and
for the pay, or a part thereof, of the employee during assignment. Any
reimbursements shall be credited to the appropriation of the agency
used for paying the travel and transportation expenses or pay.
``(d) Tort Liability; Supervision.--The Federal Tort Claims Act and
any other Federal tort liability statute apply to an employee of an
agency assigned to a private sector organization under this chapter.
The supervision of the duties of an employee of an agency so assigned
to a private sector organization may be governed by an agreement
between the agency and the organization.
``(e) Small Business Concerns.--
``(1) In general.--The head of each agency shall take such
actions as may be necessary to ensure that, of the assignments
made under this chapter from such agency to private sector
organizations in each year, at least 20 percent are to small
business concerns.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `small business concern' means a
business concern that satisfies the definitions and
standards specified by the Administrator of the Small
Business Administration under section 3(a)(2) of the
Small Business Act (as from time to time amended by the
Administrator);
``(B) the term `year' refers to the 12-month period
beginning on the date of the enactment of this chapter,
and each succeeding 12-month period in which any
assignments under this chapter may be made; and
``(C) the assignments `made' in a year are those
commencing in such year.
``(3) Reporting requirement.--An agency which fails to
comply with paragraph (1) in a year shall, within 90 days after
the end of such year, submit a report to the Committees on
Government Reform and Small Business of the House of
Representatives and the Committees on Governmental Affairs and
Small Business of the Senate. The report shall include--
``(A) the total number of assignments made under
this chapter from such agency to private sector
organizations in the year;
``(B) of that total number, the number (and
percentage) made to small business concerns; and
``(C) the reasons for the agency's noncompliance
with paragraph (1).
``(4) Exclusion.--This subsection shall not apply to an
agency in any year in which it makes fewer than 5 assignments
under this chapter to private sector organizations.
``Sec. 3804. Assignment of employees from private sector organizations
``(a) In General.--An employee of a private sector organization
assigned to an agency under this chapter is deemed, during the period
of the assignment, to be on detail to such agency.
``(b) Terms and Conditions.--An employee of a private sector
organization assigned to an agency under this chapter--
``(1) may continue to receive pay and benefits from the
private sector organization from which he is assigned;
``(2) is deemed, notwithstanding subsection (a), to be an
employee of the agency for the purposes of--
``(A) chapter 73;
``(B) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other
Federal tort liability statute;
``(E) the Ethics in Government Act of 1978;
``(F) section 1043 of the Internal Revenue Code of
1986; and
``(G) section 27 of the Office of Federal
Procurement Policy Act;
``(3) may not have access to any trade secrets or to any
other nonpublic information which is of commercial value to the
private sector organization from which he is assigned; and
``(4) is subject to such regulations as the President may
prescribe.
The supervision of an employee of a private sector organization
assigned to an agency under this chapter may be governed by agreement
between the agency and the private sector organization concerned. Such
an assignment may be made with or without reimbursement by the agency
for the pay, or a part thereof, of the employee during the period of
assignment, or for any contribution of the private sector organization
to employee benefit systems.
``(c) Coordination With Chapter 81.--An employee of a private
sector organization assigned to an agency under this chapter who
suffers disability or dies as a result of personal injury sustained
while performing duties during the assignment shall be treated, for the
purpose of subchapter I of chapter 81, as an employee as defined by
section 8101 who had sustained the injury in the performance of duty,
except that, if the employee or the employee's dependents receive from
the private sector organization any payment under an insurance policy
for which the premium is wholly paid by the private sector
organization, or other benefit of any kind on account of the same
injury or death, then, the amount of such payment or benefit shall be
credited against any compensation otherwise payable under subchapter I
of chapter 81.
``(d) Prohibition Against Charging Certain Costs to the Federal
Government.--A private sector organization may not charge the Federal
Government, as direct or indirect costs under a Federal contract, the
costs of pay or benefits paid by the organization to an employee
assigned to an agency under this chapter for the period of the
assignment.
``Sec. 3805. Reporting requirement
``(a) In General.--The Office of Personnel Management shall, not
later than April 30 and October 31 of each year, prepare and submit to
the Committee on Government Reform of the House of Representatives and
the Committee on Governmental Affairs of the Senate a semiannual report
summarizing the operation of this chapter during the immediately
preceding 6-month period ending on March 31 and September 30,
respectively.
``(b) Content.--Each report shall include, with respect to the 6-
month period to which such report relates--
``(1) the total number of individuals assigned to, and the
total number of individuals assigned from, each agency during
such period;
``(2) a brief description of each assignment included under
paragraph (1), including--
``(A) the name of the assigned individual, as well
as the private sector organization and the agency
(including the specific bureau or other agency
component) to or from which such individual was
assigned;
``(B) the respective positions to and from which
the individual was assigned, including the duties and
responsibilities and the pay grade or level associated
with each; and
``(C) the duration and objectives of the
individual's assignment; and
``(3) such other information as the Office considers
appropriate.
``(c) Publication.--A copy of each report submitted under
subsection (a)--
``(1) shall be published in the Federal Register; and
``(2) shall be made publicly available on the Internet.
``(d) Agency Cooperation.--On request of the Office, agencies shall
furnish such information and reports as the Office may require in order
to carry out this section.
``Sec. 3806. Regulations
``The Director of the Office of Personnel Management shall
prescribe regulations for the administration of this chapter.''.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, the General Accounting Office shall prepare and submit to
the Committee on Government Reform of the House of Representatives and
the Committee on Governmental Affairs of the Senate a report on the
operation of chapter 38 of title 5, United States Code (as added by
this section). Such report shall include--
(1) an evaluation of the effectiveness of the program
established by such chapter; and
(2) a recommendation as to whether such program should be
continued (with or without modification) or allowed to lapse.
(c) Clerical Amendment.--The table of chapters at the beginning of
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 37 the following:
``38. Acquisition Professional Exchange Program............. 3801''.
(d) Coordination With Acquisition Workforce Provisions of Office of
Federal Procurement Policy Act.--Section 37 of the Office of Federal
Procurement Policy Act (41 U.S.C. 433) is amended by adding at the end
the following new subsection:
``(i) Authority To Detail Employees to Non-Federal Employers.--(1)
In carrying out the provisions of this section, the Administrator, by
agreement with the Director of the Office of Personnel Management, may
provide for a program under which a Federal employee may be detailed to
a non-Federal employer. The Administrator, by agreement with the
Director of the Office of Personnel Management, shall prescribe
regulations for such program, including the conditions for service and
duties as the Administrator considers necessary.
``(2) An assignment described in section 3803 of title 5, United
States Code, may not be made unless a program under paragraph (1) is
established, and the assignment is made in accordance with the
requirements of such program.''.
(e) Ethics Provisions.--
(1) One-year restriction on certain communications.--
Section 207(c)(2)(A)(v) of title 18, United States Code, is
amended by inserting ``or 38'' after ``chapter 37''.
(2) Disclosure of confidential information.--Section 1905
of title 18, United States Code, is amended by inserting ``or
38'' after ``chapter 37''.
(3) Contract advice.--Section 207(l) of title 18, United
States Code, is amended--
(A) in the subsection heading, by striking
``Details.--'' and inserting ``Detailees.--''; and
(B) by inserting ``or 38'' after ``chapter 37''.
(4) Restriction on disclosure of procurement information.--
Section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423) is amended in the last sentence of subsection
(a)(1) by inserting ``or 38'' after ``chapter 37''.
(f) Technical and Conforming Amendments.--
(1) Amendments to title 5, united states code.--Title 5,
United States Code, is amended--
(A) in section 3111(d), by inserting ``or 38''
after ``chapter 37'';
(B) in section 7353(b)(4), by inserting ``or 38''
after ``chapter 37''.
(2) Amendment to title 18, united states code.--Section
209(g) of title 18, United States Code, is amended--
(A) in paragraph (1), by inserting ``or 38'' after
``chapter 37''; and
(B) by amending paragraph (2) to read as follows:
``(2) For purposes of this subsection, the term `agency'--
``(A) with respect to assignments under chapter 37 of title
5, means an agency (as defined in section 3701 of title 5) and
the Office of the Chief Technology Officer of the District of
Columbia; and
``(B) with respect to assignments under chapter 38 of title
5, means an agency (as defined by section 3801 of title 5).''.
(3) Eligibility for thrift savings plan.--Section
125(c)(1)(D) of Public Law 100-238 (101 Stat. 1757; 5 U.S.C.
8432 note) is amended by inserting ``or 38'' after ``chapter
37''.
SEC. 104. ACQUISITION WORKFORCE RECRUITMENT PROGRAM.
(a) Authority To Carry Out Program.--For purposes of sections 3304,
5333, and 5753 of title 5, United States Code, the head of a department
or agency of the United States (including the Secretary of Defense) may
determine that certain Federal acquisition positions are ``shortage
category'' positions in order to recruit and appoint directly to
positions of employment in the department or agency highly qualified
persons, such as any person who--
(1) holds a bachelor's degree from an accredited
institution of higher education;
(2) holds, from an accredited law school or an accredited
institution of higher education--
(A) a law degree; or
(B) a masters or equivalent degree in business
administration, public administration, or systems
engineering; or
(3) has significant experience with commercial acquisition
practices, terms, and conditions.
(b) Requirements.--The exercise of authority to take a personnel
action under this section shall be subject to policies prescribed by
the Office of Personnel Management that govern direct recruitment,
including policies requiring appointment of a preference eligible who
satisfies the qualification requirements.
(c) Termination of Authority.--The head of a department or agency
may not appoint a person to a position of employment under this section
after September 30, 2007.
(d) Report.--Not later than March 31, 2007, the Administrator for
Federal Procurement Policy shall submit to Congress a report on the
implementation of this section. The report shall include--
(1) the Administrator's assessment of the efficacy of the
exercise of the authority provided in this section in
attracting employees with unusually high qualifications to the
acquisition workforce; and
(2) any recommendations considered appropriate by the
Administrator on whether the authority to carry out the program
should be extended.
SEC. 105. ARCHITECTURAL AND ENGINEERING ACQUISITION WORKFORCE.
The Administrator for Federal Procurement Policy, in consultation
with the Secretary of Defense, the Administrator of General Services,
and the Director of the Office of Personnel Management, shall develop
and implement a plan to ensure that the Federal Government maintains
the necessary capability with respect to the acquisition of
architectural and engineering services to--
(1) ensure that Federal Government employees have the
expertise to determine agency requirements for such services;
(2) establish priorities and programs (including
acquisition plans);
(3) establish professional standards;
(4) develop scopes of work; and
(5) award and administer contracts for such services.
TITLE II--ADAPTATION OF BUSINESS ACQUISITION PRACTICES
Subtitle A--Adaptation of Business Management Practices
SEC. 201. CHIEF ACQUISITION OFFICERS.
(a) Appointment of Chief Acquisition Officers.--(1) Section 16 of
the Office of Federal Procurement Policy Act (41 U.S.C. 414) is amended
to read as follows:
``SEC. 16. CHIEF ACQUISITION OFFICERS.
``(a) Establishment of Agency Chief Acquisition Officers.--The head
of each executive agency (other than the Department of Defense) shall
appoint or designate a non-career employee as Chief Acquisition Officer
for the agency, who shall--
``(1) have acquisition management as that official's
primary duty; and
``(2) advise and assist the head of the executive agency
and other agency officials to ensure that the mission of the
executive agency is achieved through the management of the
agency's acquisition activities.
``(b) Authority and Functions of Agency Chief Acquisition
Officers.--The functions of each Chief Acquisition Officer shall
include--
``(1) monitoring the performance of acquisition activities
and acquisition programs of the executive agency, evaluating
the performance of those programs on the basis of applicable
performance measurements, and advising the head of the
executive agency regarding the appropriate business strategy to
achieve the mission of the executive agency;
``(2) increasing the use of full and open competition in
the acquisition of property and services by the executive
agency by establishing policies, procedures, and practices that
ensure that the executive agency receives a sufficient number
of sealed bids or competitive proposals from responsible
sources to fulfill the Government's requirements (including
performance and delivery schedules) at the best value
considering the nature of the property or service procured;
``(3) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the executive agency;
``(4) managing the direction of acquisition policy for the
executive agency, including implementation of the unique
acquisition policies, regulations, and standards of the
executive agency;
``(5) developing and maintaining an acquisition career
management program in the executive agency to ensure that there
is an adequate professional workforce; and
``(6) as part of the strategic planning and performance
evaluation process required under section 306 of title 5,
United States Code, and sections 1105(a)(28), 1115, 1116, and
9703 of title 31, United States Code--
``(A) assessing the requirements established for
agency personnel regarding knowledge and skill in
acquisition resources management and the adequacy of
such requirements for facilitating the achievement of
the performance goals established for acquisition
management;
``(B) in order to rectify any deficiency in meeting
such requirements, developing strategies and specific
plans for hiring, training, and professional
development; and
``(C) reporting to the head of the executive agency
on the progress made in improving acquisition
management capability.''.
(2) The item relating to section 16 in the table of contents in
section 1(b) of such Act is amended to read as follows:
``Sec. 16. Chief Acquisition Officers.''.
(b) References to Senior Procurement Executive.--
(1) Amendment to the office of federal policy act.--
(A) Subsections (a)(2)(A) and (b) of section 20 of
the Office of Federal Procurement Policy Act (41 U.S.C.
418(a)(2)(A), (b)) are amended by striking ``senior
procurement executive'' each place it appears and
inserting ``Chief Acquisition Officer''.
(B) Subsection (c)(2)(A)(ii) of section 29 of the
Office of Federal Procurement Policy Act (41 U.S.C.
425(c)(2)(A)(ii)) is amended by striking ``senior
procurement executive'' and inserting ``Chief
Acquisition Officer''.
(C) Subsection (c) of section 37 of the Office of
Federal Procurement Policy Act (41 U.S.C. 433(c)) is
amended--
(i) by striking ``Senior Procurement
Executive'' in the heading and inserting
``Chief Acquisition Officer''; and
(ii) by striking ``senior procurement
executive'' each place it appears and inserting
``Chief Acquisition Officer''.
(2) Amendment to title iii of the federal property and
administrative services act of 1949.--Sections 302C(b) and
303(f)(1)(B)(iii) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252c, 253) are amended by
striking ``senior procurement executive'' each place it appears
and inserting ``Chief Acquisition Officer''.
(3) Amendment to title 10, united states code.--The
following sections of title 10, United States Code are amended
by striking ``senior procurement executive'' each place it
appears and inserting ``Chief Acquisition Officer'':
(A) Section 133(c)(1).
(B) Subsections (d)(2)(B) and (f)(1) of section
2225.
(C) Section 2302c(b).
(D) Section 2304(f)(1)(B)(iii).
(E) Section 2359a(i).
(4) References.--Any reference to a senior procurement
executive of a department or agency of the United States in any
other provision of law or regulation, document, or record of
the United States shall be deemed to be a reference to the
Chief Acquisition Officer of the department or agency.
(c) Technical Correction.--Section 1115(a) of title 31, United
States Code, is amended by striking ``section 1105(a)(29)'' and
inserting ``section 1105(a)(28)''.
SEC. 202. CHIEF ACQUISITION OFFICERS COUNCIL.
(a) Establishment of Council.--The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.) is amended by inserting after
section 16 the following new section:
``SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL.
``(a) Establishment.--There is established in the executive branch
a Chief Acquisition Officers Council.
``(b) Membership.--The members of the Council shall be as follows:
``(1) The Deputy Director for Management of the Office of
Management and Budget, who shall act as Chairman of the
Council.
``(2) The Administrator for Federal Procurement Policy.
``(3) The chief acquisition officer of each executive
agency.
``(4) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(5) Any other officer or employee of the United States
designated by the Chairman.
``(c) Leadership; Support.--(1) The Administrator for Federal
Procurement Policy shall lead the activities of the Council on behalf
of the Deputy Director for Management.
``(2)(A) The Vice Chairman of the Council shall be selected by the
Council from among its members.
``(B) The Vice Chairman shall serve a 1-year term, and may serve
multiple terms.
``(3) The Administrator of General Services shall provide
administrative and other support for the Council.
``(d) Principal Forum.--The Council is designated the principal
interagency forum for monitoring and improving the Federal acquisition
system.
``(e) Functions.--The Council shall perform functions that include
the following:
``(1) Develop recommendations for the Director of the
Office of Management and Budget on Federal acquisition policies
and requirements.
``(2) Share experiences, ideas, best practices, and
innovative approaches related to Federal acquisition.
``(3) Assist the Administrator in the identification,
development, and coordination of multiagency projects and other
innovative initiatives to improve Federal acquisition.
``(4) Promote effective business practices that ensure the
timely delivery of best value products to the Federal
Government and achieve appropriate public policy objectives.
``(5) Further integrity, fairness, competition, openness,
and efficiency in the Federal acquisition system.
``(6) Work with the Office of Personnel Management to
assess and address the hiring, training, and professional
development needs of the Federal Government related to
acquisition.
``(7) Work with the Administrator and the Federal
Acquisition Regulatory Council to promote the business
practices referred to in paragraph (4) and other results of the
functions carried out under this subsection.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 16
the following new item:
``Sec. 16A. Chief Acquisition Officers Council.''.
SEC. 203. STATUTORY AND REGULATORY REVIEW.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Administrator for Federal Procurement Policy
shall establish an advisory panel to review laws and regulations
regarding the use of commercial practices, performance-based
contracting, the performance of acquisition functions across agency
lines of responsibility, and the use of Governmentwide contracts.
(b) Membership.--The panel shall be composed of at least nine
individuals who are recognized experts in acquisition law and
Government acquisition policy. In making appointments to the panel, the
Administrator shall--
(1) consult with the Secretary of Defense, the
Administrator of General Services, the Committees on Armed
Services and Government Reform of the House of Representatives,
and the Committees on Armed Services and Governmental Affairs
of the Senate, and
(2) ensure that the members of the panel reflect the
diverse experiences in the public and private sectors.
(c) Duties.--The panel shall--
(1) review all Federal acquisition laws and regulations
with a view toward ensuring effective and appropriate use of
commercial practices and performance-based contracting; and
(2) make any recommendations for the repeal or amendment of
such laws or regulations that are considered necessary as a
result of such review--
(A) to eliminate any provisions in such laws or
regulations that are unnecessary for the effective,
efficient, and fair award and administration of
contracts for the acquisition by the Federal Government
of goods and services;
(B) to ensure the continuing financial and ethical
integrity of acquisitions by the Federal Government;
and
(C) to protect the best interests of the Federal
Government.
(d) Report.--Not later than one year after the establishment of the
panel, the panel shall submit to the Administrator and to the
Committees on Armed Services and Government Reform of the House of
Representatives and the Committees on Armed Services and Governmental
Affairs of the Senate a report containing a detailed statement of the
findings, conclusions, and recommendations of the panel.
Subtitle B--Other Acquisition Improvements
SEC. 211. EXTENSION OF AUTHORITY TO CARRY OUT FRANCHISE FUND PROGRAMS.
Section 403(f) of the Federal Financial Management Act of 1994
(Public Law 103-356; 31 U.S.C. 501 note) is amended by striking
``October 1, 2003'' and inserting ``October 1, 2006''.
SEC. 212. AGENCY ACQUISITION PROTESTS.
(a) Defense Contracts.--(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2305a the following new
section:
``Sec. 2305b. Protests
``(a) In General.--An interested party may protest an acquisition
of supplies or services by an agency based on an alleged violation of
an acquisition law or regulation, and a decision regarding such alleged
violation shall be made by the agency in accordance with this section.
``(b) Restriction on Contract Award Pending Decision.--(1) Except
as provided in paragraph (2), a contract may not be awarded by an
agency after a protest concerning the acquisition has been submitted
under this section and while the protest is pending.
``(2) The head of the acquisition activity responsible for the
award of the contract may authorize the award of a contract,
notwithstanding pending protest under this section, upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(c) Restriction on Contract Performance Pending Decision.--(1)
Except as provided in paragraph (2), performance of a contract may not
be authorized (and performance of the contract shall cease if
performance has already begun) in any case in which a protest of the
contract award is submitted under this section before the later of--
``(A) the date that is 10 days after the date of contract
award; or
``(B) the date that is five days after an agency debriefing
date offered to an unsuccessful offeror for any debriefing that
is requested and, when requested, is required, under section
2305(b)(5) of this title.
``(2) The head of the acquisition activity responsible for the
award of a contract may authorize performance of the contract
notwithstanding a pending protest under this section upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(d) Deadline for Decision.--The head of an agency shall issue a
decision on a protest under this section not later than the date that
is 20 working days after the date on which the protest is submitted to
such head of an agency.
``(e) Construction.--Nothing in this section shall affect the right
of an interested party to file a protest with the Comptroller General
under subchapter V of chapter 35 of title 31 or in the United States
Court of Federal Claims.
``(f) Definitions.--In this section, the terms `protest' and
`interested party' have the meanings given such terms in section 3551
of title 31.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2305a the
following new item:
``2305b. Protests.''.
(b) Other Agencies.--Title III of the Federal Property and
Administrative Services Act of 1949 is amended by inserting after
section 303M (41 U.S.C. 253m) the following new section:
``SEC. 303N. PROTESTS.
``(a) In General.--An interested party may protest an acquisition
of supplies or services by an executive agency based on an alleged
violation of an acquisition law or regulation, and a decision regarding
such alleged violation shall be made by the agency in accordance with
this section.
``(b) Restriction on Contract Award Pending Decision.--(1) Except
as provided in paragraph (2), a contract may not be awarded by an
agency after a protest concerning the acquisition has been submitted
under this section and while the protest is pending.
``(2) The head of the acquisition activity responsible for the
award of a contract may authorize the award of the contract,
notwithstanding a pending protest under this section, upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(c) Restriction on Contract Performance Pending Decision.--(1)
Except as provided in paragraph (2), performance of a contract may not
be authorized (and performance of the contract shall cease if
performance has already begun) in any case in which a protest of the
contract award is submitted under this section before the later of--
``(A) the date that is 10 days after the date of contract
award; or
``(B) the date that is five days after an agency debriefing
date offered to an unsuccessful offeror for any debriefing that
is requested and, when requested, is required, under section
303B(e) of this title.
``(2) The head of the acquisition activity responsible for the
award of a contract may authorize performance of the contract
notwithstanding a pending protest under this section upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(d) Deadline for Decision.--The head of an executive agency shall
issue a decision on a protest under this section not later than the
date that is 20 working days after the date on which the protest is
submitted to the executive agency.
``(e) Construction.--Nothing in this section shall affect the right
of an interested party to file a protest with the Comptroller General
under subchapter V of chapter 35 of title 31, United States Code, or in
the United States Court of Federal Claims.
``(f) Definitions.--In this section, the terms `protest' and
`interested party' have the meanings given such terms in section 3551
of title 31, United States Code.''.
(c) Conforming Amendment.--Section 3553(d)(4) of title 31, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of a protest of the same matter regarding
such contract that is submitted under section 2305b of title 10
or section 303N of the Federal Property and Administrative
Services Act of 1949, the date that is 5 days after the date on
which a decision on that protest is issued.''.
SEC. 213. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND ENGINEERING
SERVICES.
(a) Clarification of Definition of Surveying and Mapping.--(1)
Section 1102 of title 40, United States Code, is amended by adding at
the end the following new paragraph:
``(4) Surveying and mapping.--The term `surveying and
mapping' means services performed by professionals such as
surveyors, photogrammetrists, hydrographers, geodesists, or
cartographers in the collection, storage, retrieval, or
dissemination of graphical or digital data to depict natural or
manmade physical features, phenomena, or boundaries of the
earth and any information related to such data, including any
such data that comprises a survey, map, chart, geographic
information system, remotely sensed image or data, or an aerial
photograph.''.
(2) The Federal Acquisition Regulation shall be revised to include
the definition added by subsection (a) of this section.
(b) Title 10.--Section 2855(b) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``$85,000'' and inserting
``$300,000''; and
(2) by adding at the end the following new paragraph:
``(4) The selection and competition requirements described in
subsection (a) shall apply to any contract for architectural and
engineering services (including surveying and mapping services) that is
entered into by the head of an agency (as such term is defined in
section 2302 of this title).''.
(c) Architectural and Engineering Services.--Architectural and
engineering services (as defined in section 1102 of title 40, United
States Code) shall not be offered under multiple-award schedule
contracts entered into by the Administrator of General Services or
under Governmentwide task and delivery-order contracts entered into
under sections 2304a and 2304b of title 10, United States Code, or
sections 303H and 303I of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h and 253i) unless such services--
(1) are performed under the direct supervision of a
professional engineer licensed in a State; and
(2) are awarded in accordance with the selection procedures
set forth in chapter 11 of title 40, United States Code.
SEC. 214. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS.
(a) Amendment to the Federal Acquisition Regulation.--Not later
than 180 days after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall amend the Federal Acquisition
Regulation issued in accordance with sections 6 and 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 405 and 421) to permit
telecommuting by employees of Federal Government contractors in the
performance of contracts entered into with executive agencies.
(b) Content of Amendment.--The regulation issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations for the
acquisition of property or services may not set forth any requirement
or evaluation criteria that would--
(1) render an offeror ineligible to enter into a contract
on the basis of the inclusion of a plan of the offeror to
permit the offeror's employees to telecommute; or
(2) reduce the scoring of an offer on the basis of the
inclusion in the offer of a plan of the offeror to permit the
offeror's employees to telecommute, unless the contracting
officer concerned first--
(A) determines that the requirements of the agency,
including the security requirements of the agency,
cannot be met if the telecommuting is permitted; and
(B) documents in writing the basis for that
determination.
(c) GAO Report.--Not later than one year after the date on which
the regulation required by subsection (a) is published in the Federal
Register, the Comptroller General shall submit to Congress--
(1) an evaluation of--
(A) the conformance of the regulations with law;
and
(B) the compliance by executive agencies with the
regulations; and
(2) any recommendations that the Comptroller General
considers appropriate.
(d) Definition.--In this section, the term ``executive agency'' has
the meaning given that term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
SEC. 215. PROCEDURAL REQUIREMENTS FOR CIVILIAN AGENCIES RELATING TO
PRODUCTS OF FEDERAL PRISON INDUSTRIES.
Title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 318. PRODUCTS OF FEDERAL PRISON INDUSTRIES: PROCEDURAL
REQUIREMENTS.
``(a) Market Research.--Before purchasing a product listed in the
latest edition of the Federal Prison Industries catalog under section
4124(d) of title 18, United States Code, the head of an executive
agency shall conduct market research to determine whether the Federal
Prison Industries product is comparable to products available from the
private sector that best meet the executive agency's needs in terms of
price, quality, and time of delivery.
``(b) Competition Requirement.--If the head of the executive agency
determines that a Federal Prison Industries product is not comparable
in price, quality, or time of delivery to products available from the
private sector that best meet the executive agency's needs in terms of
price, quality, and time of delivery, the agency head shall use
competitive procedures for the procurement of the product or shall make
an individual purchase under a multiple award contract. In conducting
such a competition or making such a purchase, the agency head shall
consider a timely offer from Federal Prison Industries.
``(c) Implementation by Head of Executive Agency.--The head of an
executive agency shall ensure that--
``(1) the executive agency does not purchase a Federal
Prison Industries product or service unless a contracting
officer of the agency determines that the product or service is
comparable to products or services available from the private sector
that best meet the agency's needs in terms of price, quality, and time
of delivery; and
``(2) Federal Prison Industries performs its contractual
obligations to the same extent as any other contractor for the
executive agency.
``(d) Market Research Determination Not Subject to Review.--A
determination by a contracting officer regarding whether a product or
service offered by Federal Prison Industries is comparable to products
or services available from the private sector that best meet an
executive agency's needs in terms of price, quality, and time of
delivery shall not be subject to review pursuant to section 4124(b) of
title 18.
``(e) Performance as a Subcontractor.--(1) A contractor or
potential contractor of an executive agency may not be required to use
Federal Prison Industries as a subcontractor or supplier of products or
provider of services for the performance of a contract of the executive
agency by any means, including means such as--
``(A) a contract solicitation provision requiring a
contractor to offer to make use of products or services of
Federal Prison Industries in the performance of the contract;
``(B) a contract specification requiring the contractor to
use specific products or services (or classes of products or
services) offered by Federal Prison Industries in the
performance of the contract; or
``(C) any contract modification directing the use of
products or services of Federal Prison Industries in the
performance of the contract.
``(2) In this subsection, the term `contractor', with respect to a
contract, includes a subcontractor at any tier under the contract.
``(f) Protection of Classified and Sensitive Information.--The head
of an executive agency may not enter into any contract with Federal
Prison Industries under which an inmate worker would have access to--
``(1) any data that is classified;
``(2) any geographic data regarding the location of--
``(A) surface and subsurface infrastructure
providing communications or water or electrical power
distribution;
``(B) pipelines for the distribution of natural
gas, bulk petroleum products, or other commodities; or
``(C) other utilities; or
``(3) any personal or financial information about any
individual private citizen, including information relating to
such person's real property however described, without the
prior consent of the individual.
``(g) Definitions.--In this section:
``(1) The term `competitive procedures' has the meaning
given such term in section 4(5) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(5)).
``(2) The term `market research' means obtaining specific
information about the price, quality, and time of delivery of
products available in the private sector through a variety of
means, which may include--
``(A) contacting knowledgeable individuals in
government and industry;
``(B) interactive communication among industry,
acquisition personnel, and customers; and
``(C) interchange meetings or pre-solicitation
conferences with potential offerors.''.
TITLE III--CONTRACT INCENTIVES
SEC. 301. SHARE-IN-SAVINGS INITIATIVES.
(a) Defense Contracts.--Section 2332 of title 10, United States
Code, is amended to read as follows:
``Sec. 2332. Share-in-savings contracts
``(a) Authority To Enter Into Share-in-Savings Contracts.--(1) The
head of an agency may enter into a share-in-savings contract in which
the Government awards a contract to improve mission-related or
administrative processes or to accelerate the achievement of its
mission and share with the contractor in savings achieved through
contract performance.
``(2)(A) Except as provided in subparagraph (B), a share-in-savings
contract shall be awarded for a period of not more than five years.
``(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head of the
agency determines in writing prior to award of the contract that--
``(i) the level of risk to be assumed and the investment to
be undertaken by the contractor is likely to inhibit the
government from obtaining the needed performance competitively
at a fair and reasonable price if the contract is limited in
duration to a period of five years or less; and
``(ii) the performance to be acquired is likely to continue
for a period of time sufficient to generate reasonable benefit
for the government.
``(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones that
must be met before payment is made.
``(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that is to
be the basis upon which a savings share ratio is established that
governs the amount of payment a contractor is to receive under the
contract. Before commencement of performance of such a contract, the
chief acquisition officer of the agency shall determine in writing that
the terms of the provision are quantifiable and will likely yield value
to the Government.
``(5)(A) The head of the agency may retain savings realized through
the use of a share-in-savings contract under this section that are in
excess of the total amount of savings paid to the contractor under the
contract. Except as provided in subparagraph (B), savings shall be
credited to the appropriation or fund against which charges were made
to carry out the contract.
``(B) Amounts retained by the agency under this subsection shall--
``(i) without further appropriation, remain available until
expended; and
``(ii) be applied first to fund any contingent liabilities
associated with share-in-savings procurements that are not
fully funded.
``(b) Cancellation and Termination.--(1) If funds are not made
available for the continuation of a share-in-savings contract entered
into under this section in a subsequent fiscal year, the contract shall
be canceled or terminated. The costs of cancellation or termination may
be paid out of--
``(A) appropriations available for the performance of the
contract;
``(B) appropriations available for acquisition of the type
of property or services procured under the contract, and not
otherwise obligated; or
``(C) funds subsequently appropriated for payments of costs
of cancellation or termination, subject to the limitations in
paragraph (3).
``(2) The amount payable in the event of cancellation or
termination of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
``(3) The head of an agency may enter into share-in-savings
contracts under this section in any given fiscal year even if funds are
not made specifically available for the full costs of cancellation or
termination of the contract if funds are available and sufficient to
make payments with respect to the first fiscal year of the contract and
the following conditions are met regarding the funding of cancellation
and termination liability:
``(A) The amount of unfunded contingent liability for the
contract does not exceed the lesser of--
``(i) 50 percent of the estimated costs of a
cancellation or termination; or
``(ii) $10,000,000.
``(B) Unfunded contingent liability in excess of $5,000,000
has been approved by the Director of the Office of Management
and Budget or the Director's designee.
``(c) Definitions.--In this section:
``(1) The term `contractor' means a private entity that
enters into a contract with an agency.
``(2) The term `savings' means--
``(A) monetary savings to an agency; or
``(B) savings in time or other benefits realized by
the agency, including enhanced revenues.
``(3) The term `share-in-savings contract' means a contract
under which--
``(A) a contractor provides solutions for--
``(i) improving the agency's mission-
related or administrative processes; or
``(ii) accelerating the achievement of
agency missions; and
``(B) the head of the agency pays the contractor an
amount equal to a portion of the savings derived by the
agency from--
``(i) any improvements in mission-related
or administrative processes that result from
implementation of the solution; or
``(ii) acceleration of achievement of
agency missions.''.
(b) Other Contracts.--Section 317 of the Federal Property and
Administrative Services Act of 1949 is amended to read as follows:
``SEC. 317. SHARE-IN-SAVINGS CONTRACTS.
``(a) Authority To Enter Into Share-in-Savings Contracts.--(1) The
head of an executive agency may enter into a share-in-savings contract
in which the Government awards a contract to improve mission-related or
administrative processes or to accelerate the achievement of its
mission and share with the contractor in savings achieved through
contract performance.
``(2)(A) Except as provided in subparagraph (B), a share-in-savings
contract shall be awarded for a period of not more than five years.
``(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head of the
agency determines in writing prior to award of the contract that--
``(i) the level of risk to be assumed and the investment to
be undertaken by the contractor is likely to inhibit the
government from obtaining the needed performance competitively
at a fair and reasonable price if the contract is limited in
duration to a period of five years or less; and
``(ii) the performance to be acquired is likely to continue
for a period of time sufficient to generate reasonable benefit
for the government.
``(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones that
must be met before payment is made.
``(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that is to
be the basis upon which a savings share ratio is established that
governs the amount of payment a contractor is to receive under the
contract. Before commencement of performance of such a contract, the
chief acquisition officer of the agency shall determine in writing that
the terms of the provision are quantifiable and will likely yield value
to the Government.
``(5)(A) The head of the agency may retain savings realized through
the use of a share-in-savings contract under this section that are in
excess of the total amount of savings paid to the contractor under the
contract. Except as provided in subparagraph (B), savings shall be
credited to the appropriation or fund against which charges were made
to carry out the contract.
``(B) Amounts retained by the agency under this subsection shall--
``(i) without further appropriation, remain available until
expended; and
``(ii) be applied first to fund any contingent liabilities
associated with share-in-savings procurements that are not
fully funded.
``(b) Cancellation and Termination.--(1) If funds are not made
available for the continuation of a share-in-savings contract entered
into under this section in a subsequent fiscal year, the contract shall
be canceled or terminated. The costs of cancellation or termination may
be paid out of--
``(A) appropriations available for the performance of the
contract;
``(B) appropriations available for acquisition of the type
of property or services procured under the contract, and not
otherwise obligated; or
``(C) funds subsequently appropriated for payments of costs
of cancellation or termination, subject to the limitations in
paragraph (3).
``(2) The amount payable in the event of cancellation or
termination of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
``(3) The head of an executive agency may enter into share-in-
savings contracts under this section in any given fiscal year even if
funds are not made specifically available for the full costs of
cancellation or termination of the contract if funds are available and
sufficient to make payments with respect to the first fiscal year of
the contract and the following conditions are met regarding the funding
of cancellation and termination liability:
``(A) The amount of unfunded contingent liability for the
contract does not exceed the lesser of--
``(i) 50 percent of the estimated costs of a
cancellation or termination; or
``(ii) $10,000,000.
``(B) Unfunded contingent liability in excess of $5,000,000
has been approved by the Director of the Office of Management
and Budget or the Director's designee.
``(c) Definitions.--In this section:
``(1) The term `contractor' means a private entity that
enters into a contract with an agency.
``(2) The term `savings' means--
``(A) monetary savings to an agency; or
``(B) savings in time or other benefits realized by
the agency, including enhanced revenues.
``(3) The term `share-in-savings contract' means a contract
under which--
``(A) a contractor provides solutions for--
``(i) improving the agency's mission-
related or administrative processes; or
``(ii) accelerating the achievement of
agency missions; and
``(B) the head of the agency pays the contractor an
amount equal to a portion of the savings derived by the
agency from--
``(i) any improvements in mission-related
or administrative processes that result from
implementation of the solution; or
``(ii) acceleration of achievement of
agency missions.''.
(c) Development of Incentives.--The Director of the Office of
Management and Budget shall--
(1) identify potential opportunities for the use of share-
in-savings contracts;
(2) provide guidance to executive agencies for determining
mutually beneficial savings share ratios and baselines from
which savings may be measured; and
(3) in consultation with the Committee on Governmental
Affairs of the Senate, the Committee on Government Reform of
the House of Representatives, and executive agencies, develop
techniques to permit an executive agency to retain a portion of
the savings (after payment of the contractor's share of the
savings) derived from share-in-savings contracts as funds are
appropriated to the agency in future fiscal years.
(d) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
revised to implement the provisions enacted by this section. Such
revisions shall--
(1) provide for the use of competitive procedures in the
selection and award of share-in-savings contracts to--
(A) ensure the contractor's share of savings
reflects the risk involved and market conditions; and
(B) otherwise yield best value to the government;
and
(2) allow appropriate regulatory flexibility to facilitate
the use of share-in-savings contracts by executive agencies,
including the use of innovative provisions for technology
refreshment and nonstandard Federal Acquisition Regulation
contract clauses.
(e) OMB Report to Congress.--In consultation with executive
agencies, the Director of the Office of Management and Budget shall,
not later than 2 years after the completion of the revisions to the
Federal Acquisition Regulation under subsection (d), submit to Congress
a report containing--
(1) a description of the number of share-in-savings
contracts entered into by each executive agency under by this
section and the amendments made by this section, and, for each contract
identified--
(A) the performance acquired;
(B) the total amount of payments made to the
contractor; and
(C) the total amount of savings or other measurable
benefits realized;
(2) a description of the ability of agencies to determine
the baseline costs of a project against which savings can be
measured; and
(3) any recommendations, as the Director deems appropriate,
regarding additional changes in law that may be necessary to
ensure effective use of share-in-savings contracts by executive
agencies.
(f) Definitions.--In this section, the terms ``contractor'',
``savings'', and ``share-in-savings contract'' have the meanings given
those terms in section 2332 of title 10, United States Code, and
section 317 of the Federal Property and Administrative Services Act of
1949 (as amended by subsections (a) and (b)).
(g) Repeal of Superseded Provisions.--Subsections (c), (d), (e),
(f), (g), and (i) of section 210 of the E-Government Act of 2002
(Public Law 107-317; 116 Stat. 2936) are repealed.
SEC. 302. INCENTIVES FOR CONTRACT EFFICIENCY.
(a) Incentives for Contract Efficiency.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at
the end the following new section:
``SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF SERVICES CONTRACTS.
``(a) Options for Services Contracts.--An option included in a
contract for services to extend the contract by one or more periods may
provide that it be exercised on the basis of exceptional performance by
the contractor. A contract that contains such an option provision shall
include performance standards for measuring performance under the
contract, and to the maximum extent practicable be performance-based.
Such option provision shall only be exercised in accordance with
applicable provisions of law or regulation that set forth restrictions
on the duration of the contract containing the option.
``(b) Definition of Performance-Based.--In this section, the term
`performance-based', with respect to a contract, task order, or
contracting, means that the contract, task order, or contracting,
respectively, includes the use of performance work statements that set
forth contract requirements in clear, specific, and objective terms
with measurable outcomes.''.
(b) Clerical and Technical Amendments.--(1) The table of contents
in section 1(b) of such Act is amended by striking the last item and
inserting the following:
``Sec. 40. Protection of constitutional rights of contractors.
``Sec. 41. Incentives for efficient performance of services
contracts.''.
(2) The section before section 41 of such Act (as added by
subsection (a)) is redesignated as section 40.
TITLE IV--ACQUISITIONS OF COMMERCIAL ITEMS
SEC. 401. ADDITIONAL INCENTIVE FOR USE OF PERFORMANCE-BASED CONTRACTING
FOR SERVICES.
(a) Other Contracts.--Section 41 of the Office of Federal
Procurement Policy Act, as added by section 302, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Incentive for Use of Performance-Based Services Contracts.--
(1) A performance-based contract for the procurement of services
entered into by an executive agency or a performance-based task order
for services issued by an executive agency may be treated as a contract
for the procurement of commercial items if--
``(A) the contract or task order sets forth specifically
each task to be performed and, for each task--
``(i) defines the task in measurable, mission-
related terms; and
``(ii) identifies the specific end products or
output to be achieved; and
``(B) the source of the services provides similar services
to the general public under terms and conditions similar to
those offered to the Federal Government.
``(2) The regulations implementing this subsection shall require
agencies to collect and maintain reliable data sufficient to identify
the contracts or task orders treated as contracts for commercial items
using the authority of this subsection. The data may be collected using
the Federal Procurement Data System or other reporting mechanism.
``(3) Not later than two years after the date of the enactment of
this subsection, the Director of the Office of Management and Budget
shall prepare and submit to the Committees on Governmental Affairs and
on Armed Services of the Senate and the Committees on Government Reform
and on Armed Services of the House of Representatives a report on the
contracts or task orders treated as contracts for commercial items
using the authority of this subsection. The report shall include data
on the use of such authority both government-wide and for each
department and agency.
``(4) The authority under this subsection shall expire 10 years
after the date of the enactment of this subsection.''.
(b) Center of Excellence in Service Contracting.--Not later than
180 days after the date of the enactment of this Act, the Administrator
for Federal Procurement Policy shall establish a center of excellence
in contracting for services. The center of excellence shall assist the
acquisition community by identifying, and serving as a clearinghouse
for, best practices in contracting for services in the public and
private sectors.
(c) Repeal of Superseded Provision.--Subsection (b) of section 821
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
218) is repealed.
SEC. 402. AUTHORIZATION OF ADDITIONAL COMMERCIAL CONTRACT TYPES.
Section 8002(d) of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3387; 41 U.S.C. 264 note) is amended--
(1) in paragraph (1), by striking ``and'';
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) authority for use of a time and materials contract or
a labor-hour contract for the procurement of commercial
services that are commonly sold to the general public through
such contracts.''
SEC. 403. CLARIFICATION OF COMMERCIAL SERVICES DEFINITION.
Subparagraph (F) of section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)(F)) is amended--
(1) by striking ``catalog or''; and
(2) by inserting ``or specific outcomes to be achieved''
after ``performed''.
SEC. 404. DESIGNATION OF COMMERCIAL BUSINESS ENTITIES.
(a) In General.--Section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403), as amended by section 101, is further
amended--
(1) by adding at the end of paragraph (12) the following
new subparagraph:
``(I) Items or services produced or provided by a
commercial entity.''; and
(2) by adding at the end the following new paragraph:
``(17) The term `commercial entity' means any enterprise
whose primary customers are other than the Federal Government.
In order to qualify as a commercial entity, at least 90 percent
(in dollars) of the sales of the enterprise over the past three
business years must have been made to private sector
entities.''.
(b) Collection of Data.--Regulations implementing the amendments
made by subsection (a) shall require agencies to collect and maintain
reliable data sufficient to identify the contracts entered into or task
orders awarded for items or services produced or provided by a
commercial entity. The data may be collected using the Federal
Procurement Data System or other reporting mechanism.
(c) OMB Report.--Not later than two years after the date of the
enactment of this subsection, the Director of the Office of Management
and Budget shall prepare and submit to the Committees on Governmental
Affairs and on Armed Services of the Senate and the Committees on
Government Reform and on Armed Services of the House of Representatives
a report on the contracts entered into or task orders awarded for items
or services produced or provided by a commercial entity. The report
shall include data on the use of such authority both government-wide
and for each department and agency.
(d) Comptroller General Review.--The Comptroller General shall
review the implementation of the amendments made by subsection (a) to
evaluate the effectiveness of such implementation in increasing the
availability of items and services to the Federal Government at fair
and reasonable prices.
TITLE V--OTHER MATTERS
SEC. 501. AUTHORITY TO ENTER INTO CERTAIN PROCUREMENT-RELATED
TRANSACTIONS AND TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.) as amended by section 215, is further
amended by adding at the end the following new section:
``SEC. 319. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR DEFENSE
AGAINST OR RECOVERY FROM TERRORISM OR NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
``(a) Authority.--
``(1) In general.--The head of an executive agency who
engages in basic research, applied research, advanced research,
and development projects that--
``(A) are necessary to the responsibilities of such
official's executive agency in the field of research
and development, and
``(B) have the potential to facilitate defense
against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack,
may exercise the same authority (subject to the same
restrictions and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under section
2371 of title 10, United States Code, except for subsections
(b) and (f) of such section 2371.
``(2) Prototype projects.--The head of an executive agency
may, under the authority of paragraph (1), carry out prototype
projects that meet the requirements of subparagraphs (A) and
(B) of paragraph (1) in accordance with the requirements and
conditions provided for carrying out prototype projects under
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note). In
applying the requirements and conditions of that section 845--
``(A) subsection (c) of that section shall apply
with respect to prototype projects carried out under
this paragraph; and
``(B) the Director of the Office of Management and
Budget shall perform the functions of the Secretary of
Defense under subsection (d) of that section.
``(3) Applicability to selected executive agencies.--
``(A) OMB authorization required.--The head of an
executive agency may exercise authority under this
subsection only if authorized by the Director of the
Office of Management and Budget to do so.
``(B) Relationship to authority of department of
homeland security.--The authority under this subsection
shall not apply to the Secretary of Homeland Security
while section 831 of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2224) is in effect.
``(b) Annual Report.--The annual report of the head of an executive
agency that is required under subsection (h) of section 2371 of title
10, United States Code, as applied to the head of the executive agency
by subsection (a), shall be submitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives.
``(c) Regulations.--The Director of the Office of Management and
Budget shall prescribe regulations to carry out this section.''.
SEC. 502. AMENDMENTS RELATING TO FEDERAL EMERGENCY PROCUREMENT
FLEXIBILITY.
(a) Repeal of Sunset for Authorities Applicable to Procurements for
Defense Against or Recovery From Terrorism or Nuclear, Biological,
Chemical, or Radiological Attack.--Section 852 of the Homeland Security
Act of 2002 (Public Law 107-296; 116 Stat. 2235) is amended by striking
``, but only if a solicitation of offers for the procurement is issued
during the 1-year period beginning on the date of the enactment of this
Act''.
(b) Applicability of Increased Simplified Acquisition Threshold.--
(1) The matter preceding paragraph (1) of section 853(a) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2235) is
amended to read as follows:
``(a) Threshold Amounts.--For a procurement referred to in section
852, the simplified acquisition threshold referred to in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is
deemed to be--''.
(2) Subsections (b) and (c) of section 853 of such Act are
repealed.
(3) The heading of section 853 of such Act is amended to read as
follows:
``SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR CERTAIN
PROCUREMENTS.''.
(4) The table of contents in section 1(b) of such Act is amended by
striking the item relating to section 853 and inserting the following:
``Sec. 853. Increased simplified acquisition threshold for certain
procurements.''.
(5) Section 18(c)(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(c)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph (G);
(B) by striking the period at the end of subparagraph (H)
and inserting ``; or''; and
(C) by adding at the end the following:
``(I) the procurement is by the head of an executive agency
pursuant to the special procedures provided in section 853 of
the Homeland Security Act of 2002 (Public Law 107-296).''.
(c) Applicability of Certain Commercial Items Authorities.--(1)
Subsection (a) of section 855 of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2236) is amended to read as follows:
``(a) Authority.--With respect to a procurement referred to in
section 852, the head of an executive agency may deem any item or
service to be a commercial item for the purpose of Federal procurement
laws.''.
(2) Subsection (b)(1) of section 855 of such Act is amended by
striking ``to which any of the provisions of law referred to in
subsection (a) are applied''.
(d) Extension of Deadline for Review and Report.--Section 857(a) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2237)
is amended by striking ``2004'' and inserting ``2006''.
SEC. 503. AUTHORITY TO MAKE INFLATION ADJUSTMENTS TO SIMPLIFIED
ACQUISITION THRESHOLD.
Section 4(11) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11)) is amended by inserting before the period at the end
the following: ``, except that such amount may be adjusted by the
Administrator every five years to the amount equal to $100,000 in
constant fiscal year 2003 dollars (rounded to the nearest $10,000)''.
SEC. 504. TECHNICAL CORRECTIONS RELATED TO DUPLICATIVE AMENDMENTS.
(a) Repeal of Superseded Subchapter and Related Conforming
Amendments.--(1) Subchapter II of chapter 35 of title 44, United States
Code, is repealed.
(2) Subchapter III of such chapter is redesignated as subchapter
II.
(3) Section 3549 of title 44, United States Code, is amended by
striking the sentence beginning with ``While this subchapter''.
(4) The table of sections at the beginning of chapter 35 of title
44, United States Code, is amended--
(A) by striking the items relating to sections 3531 through
3538; and
(B) by striking the heading ``SUBCHAPTER III--INFORMATION
SECURITY''.
(5) Section 2224a of title 10, United States Code, is repealed, and
the table of sections at the beginning of chapter 131 of such title is
amended by striking the item relating to such section.
(b) Conforming Amendments Related to Repeals of Share-in-Savings
and Solutions-Based Contracting Pilot Programs.--(1) Chapter 115 of
title 40, United States Code, is repealed.
(2) The table of chapters at the beginning of subtitle III of such
title is amended by striking the item relating to chapter 115.
(c) Amendments Made by E-Government Act Made Applicable.--The
following provisions of law shall read as if the amendments made by
title X of the Homeland Security Act of 2002 (Public Law 107-296) to
such provisions did not take effect:
(1) Section 2224 of title 10, United States Code.
(2) Sections 20 and 21 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4).
(3) Sections 11331 and 11332 of title 40, United States
Code.
(4) Subtitle G of title X of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
398; 44 U.S.C. 3531 note).
(5) Sections 3504(g), 3505, and 3506(g) of title 44, United
States Code.
(d) Correction of Cross Reference.--Section 2224(c) of title 10,
United States Code, as amended by section 301(c)(1)(B)(iii) of the E-
Government Act of 2002 (Public Law 107-347; 116 Stat. 2955), is amended
by striking ``subchapter III'' and inserting ``subchapter II''.
SEC. 505. EXEMPTION FROM LIMITATIONS ON PROCUREMENT OF FOREIGN
INFORMATION TECHNOLOGY THAT IS A COMMERCIAL ITEM.
(a) Exemption.--Notwithstanding any other provision of law, in
order to promote Government access to commercial information
technology, the restriction on purchasing nondomestic articles,
materials, and supplies set forth in the Buy American Act (41 U.S.C.
10a et seq.), and the prohibition on acquiring foreign products under
section 302(a)(1) of the Trade Agreements Act of 1979 (Public Law 96-
39; 19 U.S.C. 2512(a)(1)), shall not apply to the acquisition by the
Federal Government of information technology (as defined in section
11101 of title 40, United States Code, that is a commercial item (as
defined in section 4(12) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)).
(b) Definition.--Section 11101(6) of title 40, United States Code,
is amended--
(1) in subparagraph (A), by inserting after ``storage,''
the following: ``analysis, evaluation,''; and
(2) in subparagraph (B), by striking ``ancillary
equipment,'' and inserting ``ancillary equipment (including
imaging peripherals, input, output, and storage devices
necessary for security and surveillance), peripheral equipment
designed to be controlled by the central processing unit of a
computer,''.
SEC. 506. PROHIBITION ON USE OF QUOTAS.
(a) In General.--After the date of enactment of this Act, the
Office of Management and Budget may not establish, apply, or enforce
any numerical goal, target, or quota for subjecting the employees of a
department or agency of the Government to public-private competitions
or converting such employees or the work performed by such employees to
contractor performance under Office of Management and Budget Circular
A-76 or any other administrative regulation, directive, or policy
unless the goal, target, or quota is based on considered research and
sound analysis of past activities and is consistent with the stated
mission of the department or agency.
(b) Limitations.--Subsection (a) shall not--
(1) otherwise affect the implementation or enforcement of
the Government Performance and Results Act of 1993 (107 Stat.
285); or
(2) prevent any agency of the Executive branch from
subjecting work performed by Federal employees or private
contractors to public-private competition or conversions.
SEC. 507. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE
RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.
(a) Disclosure Required.--
(1) Publication and public availability.--The head of an
executive agency of the United States that enters into a
contract for the repair, maintenance, or construction of
infrastructure in Iraq without full and open competition shall
publish in the Federal Register or Commerce Business Daily and
otherwise make available to the public, not later than 30 days
after the date on which the contract is entered into, the
following information:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) A discussion of how the executive agency
identified, and solicited offers from, potential
contractors to perform the contract, together with a
list of the potential contractors that were issued
solicitations for the offers.
(D) The justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
(2) Inapplicability to contracts after fiscal year 2013.--
Paragraph (1) does not apply to a contract entered into after
September 30, 2013.
(b) Classified Information.--
(1) Authority to withhold.--The head of an executive agency
may--
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for
restricted access in accordance with an Executive order
in the interest of national defense or foreign policy;
and
(B) redact any part so classified that is in a
document not so classified before publication and
disclosure of the document under subsection (a).
(2) Availability to congress.--In any case in which the
head of an executive agency withholds information under
paragraph (1), the head of such executive agency shall make
available an unredacted version of the document containing that
information to the chairman and ranking member of each of the
following committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the
operations of such department or agency to which the
information relates.
(c) Fiscal Year 2003 Contracts.--This section shall apply to
contracts entered into on or after October 1, 2002, except that, in the
case of a contract entered into before the date of the enactment of
this Act, subsection (a) shall be applied as if the contract had been
entered into on the date of the enactment of this Act.
(d) Relationship to Other Disclosure Laws.--Nothing in this section
shall be construed as affecting obligations to disclose United States
Government information under any other provision of law.
(e) Definitions.--In this section, the terms ``executive agency''
and ``full and open competition'' have the meanings given such terms in
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
SEC. 508. APPLICABILITY OF CERTAIN PROVISIONS TO SOLE SOURCE CONTRACTS
FOR ITEMS AND SERVICES TREATED AS COMMERCIAL ITEMS.
(a) In General.--No contract awarded on a sole source basis for the
procurement of items or services that are treated as or deemed to be
commercial items pursuant to the amendments made by section 401, 404,
or 502 of this Act shall be exempt from--
(1) cost accounting standards promulgated pursuant to
section 26 of the Office of Federal Procurement Policy Act (41
U.S.C. 422); and
(2) cost or pricing data requirements (commonly referred to
as truth in negotiating) under section 2306a of title 10,
United States Code, and section 304A of title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254b).
(b) Limitation.--This section shall not apply to any contract in an
amount less than $15,000,000.
Union Calendar No. 140
108th CONGRESS
1st Session
H. R. 1837
[Report No. 108-117, Parts I and II]
_______________________________________________________________________
A BILL
To improve the Federal acquisition workforce and the process for the
acquisition of services by the Federal Government, and for other
purposes.
_______________________________________________________________________
September 3, 2003
Reported from the Committee on the Judiciary with an amendment;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed