Acquisition Streamlining Initiatives
Calls for the use of multiyear defense acquisition contracts if their use will result in substantial savings of total anticipated costs of carrying out the program through annual contracts.
Requires multiyear contracts to be used unless the Secretary finds the use of annual contracts to be in the national interest.
Requires DOD to conduct market research to determine whether nondevelopmental items (commercial products not uniquely designed for other purposes) are available or could be easily modified to meet the needs of the procuring military department or defense agency.
Directs the Secretary to prescribe streamlined procedures for the acquisition of commercial products which will enhance the ability of DOD to take advantage of the competitive marketplace, short delivery time, market-driven efficiency and innovation, and high-value products that are available in the commercial market.
Requires offerors of commercial products to demonstrate that their products have achieved a suitable level of market acceptance, have been satisfactorily supplied, and otherwise meet criteria prescribed by public notice and solicitation.
Requires the use of past performance of products and sources as a factor in award decisions.
Directs the Secretary to conduct a test program to determine the feasibility and desirability of using two sets of procedures for the procurement of commercial products by DOD. Outlines requirements of the test program.
Requires each participating component to publish each list of commercial products that may be procured under the procedures established.
Authorizes the participating component to solicit participation by interested persons in a list of sources to be prescribed under the test program.
Requires the Secretary to prescribe procedures for a source to protest a decision not to be placed on such source list.
Requires such regulations to prescribe the minimum number of qualified sources that must be included on a source list.
Provides for a participating component to issue solicitations for the procurement of commercial products from the sources appearing on the list.
Provides solicitation rules and procedures.
Requires the Comptroller General to report to various congressional committees an evaluation of the test program.
Requires the head of any participating component to make available to the Comptroller General data on contracts awarded under the test program.
Requires interim and final regulations covering actions under the test program to be proposed and published by the Secretary. Authorizes the Secretary to submit to the Congress proposed legislation regarding any provision of law that the Secretary considers an unnecessary restriction on the acquisition of commercial items.
Amends the Federal Property and Administrative Services Act of 1949 to require that the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act ensures that:
(1) requirements of executive agencies with respect to the procurement of supplies are stated so that nondevelopmental items (commercially available, and not specially-made) may be procured; and
(2) executive agencies conduct market research to determine whether nondevelopmental items are available or could be modified to meet agency needs.
Requires the Regulation to include a simplified contract for the acquisition of commercial items by Federal agencies.
Requires that such simplified contract be utilized to the maximum extent possible.
Outlines simplified uniform contract provisions and requirements.
Directs the Regulation to require contractors and subcontractors offering commercial items to submit certified cost or pricing data only when necessary to determine price reasonableness.
Outlines issues to be addressed or items to be included in the revised Federal Acquisition Regulation with respect to the acquisition of nondevelopmental or commercially-available items for defense agencies.
Directs the Administrator of the Office of Federal Procurement Policy to issue guidelines for the training by executive agencies of contracting officers, program managers, and other appropriate acquisition personnel in the acquisition of nondevelopmental items.
Requires the promotion of nondevelopmental item acquisition.
Requires regulations and reports in conjunction with the provisions of this section.
Redefines the "small purchase threshold" (the price at which a purchase will still be considered a small purchase for purposes of defense acquisition policies and regulations) as $25,000, adjusted on October 1 of each year divisible by five to the amount equal to $25,000 in constant FY 1990 dollars (rounded to the nearest $1,000).
Makes conforming changes to such amount in various Federal provisions and Acts concerning Government procurement generally, as well as to the Small Business Act and the Solid Waste Disposal Act. Authorizes an Assistant Secretary of Defense performing acquisition responsibilities to serve on, and attend meetings of, the Federal Acquisition Regulatory Council in place of the Under Secretary of Defense for Acquisition. Directs the Secretary to prescribe regulations to ensure that, before full-scale development of a major defense program is initiated, there is an acquisition strategy that includes a plan for the use of competitive alternative sources for such program and each major subsystem of such program if use of two or more sources:
(1) would likely result in reduced costs and would not result in unacceptable delays; and
(2) is otherwise in the national security interest of the United States. Directs the Secretary to authorize the head of a defense agency to consider life-cycle costs as a factor in determining the lowest overall cost with respect to contracts awarded without discussions.
Increases from $100,000 to $500,000 the certified cost or pricing data threshold.
Directs the Secretary to require a review on the reasonableness of the contract, subcontract, or pricing adjustment when cost or pricing data is not required because the expected price is not expected to exceed $500,000.
Authorizes the Secretary to conduct a pilot program to determine the potential for increasing the efficiency and effectiveness of the acquisition process in major defense acquisition programs.
Authorizes the Secretary to designate no more than six major defense acquisition programs for participation in the pilot program.
Directs the Secretary to designate each participating program as a defense enterprise program.
Directs the Secretary to publish proposed regulations to implement the pilot program and an invitation for public comment on the proposed regulations.
Prescribes procedures for the waiver or limitation of certain acquisition laws or requirements with respect to programs participating in the pilot program.
Requires the Secretary to notify the defense committees of each major defense acquisition program proposed to be designated by the Secretary for participation in the pilot program, as well as any laws or requirements to be waived with respect to such major defense acquisition program under the pilot program.
Limits the waiver authority with respect to each program.
Terminates such waiver authority as of the end of FY 1992.
Establishes in the legislative branch the Advisory Panel on Streamlining and Codifying Acquisition Laws to:
(1) review U.S. acquisition laws with a view toward streamlining the Federal acquisition process;
(2) recommend the repeal or amendment of appropriate acquisition laws; and
(3) prepare a proposed code of Federal acquisition laws.
Requires the Panel to secure from DOD and other departments and agencies necessary information to carry out its responsibilities.
Terminates the Panel 90 days after it submits its final report to each House of the Congress and the President. Earmarks specified FY 1991 amounts appropriated to the defense agencies under this Act for the Panel's use.
Authorizes the payment of overseas severance pay as an allowable defense contractor cost when it is determined that such pay is:
(1) necessary to comply with laws in effect on the date of the contract award and generally applicable to businesses of such country; and
(2) in the national interest of the United States. Directs the Secretary to prescribe regulations to ensure that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services to be provided.
Authorizes the Secretary to waive certain task order limitations on a case-by-case basis.
Limits the effect of such waiver on task order increases under master agreements of a contracting activity.