S. 2207 (103rd): Federal Acquisition Streamlining Act of 1994

Introduced:
Jun 20, 1994 (103rd Congress, 1993–1994)
Status:
Died (Passed Senate)
See Instead:

S. 1587 (same title)
Signed by the President — Oct 13, 1994

Sponsor
Samuel Nunn
Senator from Georgia
Party
Democrat
Text
Read Text »
Last Updated
Jul 01, 1994
Length
333 pages
Related Bills
S. 1587 (Included-In)
Federal Acquisition Streamlining Act of 1994

Signed by the President
Oct 13, 1994

 
Status

This bill was introduced in a previous session of Congress and was passed by the Senate on July 1, 1994 but was never passed by the House.

Progress
Reported by Committee Jun 09, 1994
Introduced Jun 20, 1994
Passed Senate Jul 01, 1994
 
Full Title

An original bill to revise, streamline, and reform the acquisition laws of the Federal Government, and for other purposes.

Summary

No summaries available.

Cosponsors
none
Committees

Senate Armed Services

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Citation

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Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


7/1/1994--Passed Senate amended.
TABLE OF CONTENTS:
Title I - Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Subtitle C: Miscellaneous Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Miscellaneous Provisions Title X: Effective Dates and Implementation Title XI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers Federal Acquisition Streamlining Act of 1994
Title I - Contract Formation
Subtitle A - Competition Statutes
Part I - Armed Services Acquisitions
Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency procurement (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and the respective military departments) to revise:
(1) competition requirements, among other changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and
(2) solicitation requirements, among other changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals, and to disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price.
Section 1003 -
Revises certain qualifying circumstances for the award of contracts between $100,000 and $1 million under noncompetitive procedures.
Section 1004 -
Repeals expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders. Creates new authority for the head of a subject agency to: (1) enter into task order contracts for advisory and assistance services; and (2) appoint a task order ombudsman for reviewing complaints involving multiple contracts.
Section 1005 -
Provides for procurement of expert services for court or administrative proceedings.
Section 1012 -
Relocates provisions concerning purchase option evaluation.
Section 1013 -
Requires notice to all offerors not awarded a contract as soon as practicable after the contract is awarded.
Section 1014 -
Provides under certain conditions for: (1) debriefings furnishing unsuccessful offerors certain basic information on the contract award; (2) protest files affording offerors reasonable access in protests to the Comptroller General (CG); and (3) two-phase selection procedures for entering into certain contracts.
Section 1016 -
Authorizes the head of a subject agency to: (1) take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law; and (2) pay certain costs involved in the protest, including reasonable attorney's fees, subject to prescribed limitations.
Section 1021 -
Eliminates: (1) certain restrictions on cost and incentive contracts; and (2) annual reports by DOD advocates for competition.
Part II - Civilian Agency Acquisitions
Amends the Federal Property and Administrative Services Act of 1949 (FPASA), the Office of Federal Procurement Policy Act (OFPPA), and other specified Federal law to make changes similar to those above with respect to civilian agencies, including adding provisions to FPASA for:
(1) task order contracts for advisory and assistance services;
(2) continued occupancy of leased space;
(3) issuance of solicitations for contracts to be awarded using sealed bid procedures;
(4) multiyear contracts for the acquisition of property and services; and
(5) contracts for procurement of severable services for periods crossing fiscal years.
Section 1074 -
Requires: (1) the Federal Acquisition Regulation (FAR) to be revised to include regulations governing Economy Act purchases; and (2) the Administrator for Federal Procurement Policy (Administrator) to ensure that systems for collecting and evaluating procurement data are capable of doing so on procurements conducted under such regulations.
Part III - Acquisitions Generally
Amends OFPPA to:
(1) establish Government policy for promoting economy, efficiency, and effectiveness in procurements by the executive branch through establishment of policies and procedures for encouraging the consideration of past contract performance in selecting contractors;
(2) require the Administrator to prescribe for executive agencies guidance regarding such consideration in awarding contracts; and
(3) repeal congressional reporting requirements on executive agency contract competition.
Subtitle B - Truth in Negotiations
Part I - Armed Services Acquisitions
Amends Federal law (the Truth in Negotiations Act (TINA)) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts (to be entered into without sealed bid procedures) above the $500,000 threshold (thus making it permanent); (2) provide for periodic adjustments in such threshold for inflation; and (3) make changes in exceptions to data submission requirements.
Section 1203 -
Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies.
Section 1204 -
Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competition is not practicable and the contracting officer determines that there is adequate data to determine price reasonableness.
Section 1206 -
Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data.
Section 1208 -
Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act.
Part II - Civilian Agency Acquisitions
Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data.
Subtitle C - Research and Development
Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities.
Subtitle D - Procurement Protests
Part I - Protests to the Comptroller General
Modifies CICA's procurement protest system, with various changes:
(1) adding a new definition of "protest;"
(2) establishing new time frames for certain actions by the CG and others with respect to protests;
(3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorney's fees currently required;
(4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;
(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and
(6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and disseminations under the system.
Part II - Protests in the Federal Courts
Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims (Federal Claims Court) jurisdiction over protests.
Part III - Protests in Procurements of Automatic Data Processing
Amends FPASA to:
(1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law;
(2) require GSA's board of contract appeals (board) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of delegated authority; and
(3) change time frames for final board decisions on protests and hearings for suspending procurement authority.
Section 1434 -
Authorizes dismissal of protests brought in bad faith and board ordered payment to prevailing parties of additional specified administrative fees, as limited above under part I.
Section 1436 -
Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make any settlement payments from the judgment fund.
Section 1437 -
Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests.
Section 1438 -
Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process.
Section 1439 -
Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party."
Subtitle E - Definitions and Other Matters
Part I - Armed Services Acquisitions
Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the OFPPA; and (2) provisions on decisions, while retaining requirements on the form and retention of findings.
Section 1502 -
Consolidates provisions on delegation of procurement functions by the head of a subject agency.
Section 1504 -
Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies.
Section 1505 -
Repeals specified DOD provisions on production special tooling and test equipment.
Section 1506 -
Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department.
Part II - Civilian Agency Acquisitions
Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA.
Section 1552 -
Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies.
Section 1554 -
Authorizes the GSA Administrator to provide:
(1) to qualified nonprofit agencies for the blind or other severely handicapped under the Javits-Wagner-O'Day Act, upon request, any of the services he or she is currently authorized to perform for other Federal agencies, mixed ownership corporations, or the District of Columbia under FPASA; and
(2) for the use of Federal supply schedules or other contracts by State or local governments, the District, Puerto Rico, or Indian tribal governments upon request.
Title II - Contract Administration
Subtitle A - Contract Payment
Part I - Armed Services Acquisitions
Reorganizes contract financing provisions for subject agencies, consolidating and eliminating some with regard to certain navy contracts, adding specific policy for contract financing, basing payments under agency contracts for property and services on contractor performance whenever practical, and revising conditions for progress payments.
Section 2002 -
Repeals DOD vouchering requirements.
Part II - Civilian Agency Acquisitions
Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud.
Subtitle B - Cost Principles
Part I - Armed Services Acquisitions
Amends the Defense Procurement Improvement Act of 1985 to: (1) make unallowable under covered contracts costs to influence local legislative bodies; (2) repeal congressional reporting requirements regarding efforts to guard against unallowable costs under defense contracts; and (3) raise the threshold for coverage under such Act to $500,000 (adjusted periodically for inflation).
Section 2102 -
Repeals standby profit controls for use during national emergencies.
Part II - Civilian Agency Acquisitions
Amends FPASA to replace requirements for executive agencies on allowable contractor costs with requirements nearly identical to those for DOD amended in part I above (and the changes made by such amendments).
Part III - Acquisitions Generally
Repeals OFPPA provisions on Government contractor travel expenses.
Subtitle C - Audit and Access to Records
Part I - Armed Services Acquisitions
Consolidates and revises authority for subject agency examination of contractor records.
Part II - Civilian Agency Acquisitions
Relocates and revises requirements under FPASA for executive agency examination of contractor records, replacing them with requirements nearly identical to those above under part I for subject agencies.
Subtitle D - Cost Accounting Standards
Amends OFPPA to: (1) conform the application of cost accounting standards to the new TINA and FPASA exemptions for commercial items added by this Act; and (2) repeal an (obsolete) deadline for procedures governing actions of the Cost Accounting Standards Board, while retaining authority for their issuance.
Subtitle E - Administration of Contract Provisions Relating to Price, Delivery, and Product Quality
Part I - Armed Services Acquisitions
Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts.
Section 2402 -
Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems.
Part II - Acquisition Generally
Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees.
Section 2452 -
Amends Federal law to repeal requirements for contract deposit with the General Accounting Office.
Subtitle F - Claims and Disputes
Part I - Armed Services Acquisitions
Modifies DOD and military department shipbuilding contract claim certification requirements, among other changes restricting future payment under law of subject agency contract claims, and repealing related certification regulation provisions.
Part II - Acquisitions Generally
Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes.
Section 2552 -
Amends the Contract Disputes Act of 1978 to:
(1) require certain contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim;
(2) raise thresholds for contracting officer certifications, decisions, and notifications, as well as maximum amounts for accelerated and small claims procedures;
(3) reduce the time for filing claim actions in Federal court;
(4) extend the authority of agencies to engage in alternative means of dispute resolution and require detailed written explanations when requests for such proceedings are denied; and
(5) allow U.S. district courts to request advisory opinions from the board in certain cases.
Section 2554 -
Requires FAR to include provisions for expedited contracting officer responses to small business requests involving matters relating to contract administration.
Title III - Service Specific and Major Systems Statutes
Subtitle A - Major Systems Statutes
Revises major defense acquisition program requirements concerning independent cost and manpower estimates, baseline descriptions, and deviation reporting.
Section 3003 -
Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal certain requirements of the Defense Acquisition Pilot Program.
Section 3004 -
Repeals competitive prototyping and alternative source requirements.
Subtitle B - Testing Statutes
Modifies reporting and other duties of the Director of Operational Test and Evaluation, adding requirements for live fire testing.
Subtitle C - Service Specific Laws
Authorizes the Secretary of Defense (DOD) to accept gratuitous services of certain reserve component officers.
Section 3022 -
Provides that the authority of the DOD Secretary and of the Secretaries of the military departments (concerned Secretaries) to make use of manufacturing information and Government equipment and materials in the interest of national defense extends to renting as well as to selling or lending such information, equipment, and materials.
Section 3023 -
Consolidates and revises civil reserve air fleet and naval salvage provisions. Provides for military installation use by fleet contractors.
Section 3024 -
Authorizes the international exchange of military and civilian personnel.
Section 3025 -
Repeals specified authority for expenditures for scientific investigation and research and vessel construction on the Pacific Coast and project assignment.
Subtitle D - Department of Defense Commercial and Industrial Activities
Codifies requirements for a separate advisory and assistance service category in the national budget.
Subtitle E - Fuel- and Energy-Related Laws
Revises references to liquid fuels and natural gas with regard to defense contracts for storage, handling, and distribution.
Subtitle F - Fiscal Statutes
Gives DOD the authority to designate disbursing officers within DOD.
Subtitle G - Miscellaneous
Modifies defense obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions.
Section 3082 -
Repeals provisions on aviation product evaluation.
Section 3083 -
Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications.
Section 3084 -
Exempts contracts for procurement of domestic soft drink supplies from exchange stores abroad for armed forces use from certain requirements.
Section 3085 -
Amends specified Federal laws to repeal certain restrictions relating to the acquisition of recycled toner cartridges.
Title IV - Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws
Subtitle A - Simplified Acquisition Threshold
Part I - Establishment of Threshold
Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA).
Part II - Simplification of Procedures
Requires special simplified procedures under FAR for acquisitions under SAT, with implementing regulations, among other things:
(1) exempting purchases not exceeding $2,500 from SBA reservation and Buy American Act (BAA) requirements;
(2) prohibiting Federal officers and employees making such purchases from being classified as procurement officials under OFPPA procurement integrity provisions; and
(3) providing that payment for purchases under such procedures be made in accordance with the Prompt Payment Act within 15 days after the invoice is received.
Section 4012 -
Amends SBA to reserve for small businesses all contracts over $2,500 but under the SAT.
Section 4014 -
Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for non-electronically conducted procurements over $25,000 but under the SAT (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders exceeding the SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000.
Section 4015 -
Authorizes the Administrator to develop a Government-wide system for electronically conducted procurements.
Part III - Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold
Amends OFPPA to authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below the SAT, unless the provision expressly prohibits such waiver.
Section 4022 -
Exempts:
(1) subject and civilian agency contracts below the SAT from various specified requirements, including those for contingent fees certifications and audits and supplier and supply source identification;
(2) prime contracts below the SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and
(3) contracts below the SAT from (Miller Act (MA)) public building and works contract requirements, the Contract Work Hours and Safety Standards Act and Drug-Free Workplace Act of 1988, and Solid Waste Disposal Act certification requirements.
Section 4024 -
Requires the FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials under certain MA contracts.
Part IV - Conforming Amendments
Amends specified subject and civilian agency procurement law to make conforming changes substituting the SAT for the "small purchase threshold."
Part V - Revision of Regulations
Requires: (1) the Federal Acquisition Regulatory Council (FAR Council) to review the FAR to identify and amend, as appropriate, regulations applicable to acquisitions below the SAT; and (2) agency heads to take similar action regarding applicable supplemental regulations, policies, and procedures.
Subtitle B - Socioeconomic and Small Business Laws
Repeals: (1) the Walsh-Healey Act (WHA) (other than for certain definitional purposes) and FPASA requirements regarding WHA's and the Davis-Bacon Act's (DBA) applicability in instances where purchases or contracts are awarded using other than sealed bid procedures; and (2) certain Trade Agreements Act of 1979 reporting requirements on procurements in labor surplus areas (LSA).
Section 4102 -
Amends SBA to: (1) repeal provisions on set-aside priority of LSA firms; and (2) include small businesses owned and controlled by women within the goals for awarding procurement contracts to small businesses. Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal requirements for certain subject agency contract solicitation notices for small businesses.
Section 4105 -
Directs the Administrator to: (1) review and report to the Congress on the various small business arrangements described under Federal law for women, minorities, and other specified groups for purposes of authorizing their participation as Federal contractors; and (2) develop uniform definitions and certification standards and procedures for such small businesses.
Subtitle C - Miscellaneous Acquisition Laws
Revises and codifies the prohibition on use of appropriated funds for assisting DOD contractors in documenting the economic or employment impacts of certain acquisition programs in particular States or congressional districts.
Section 4152 -
Amends subject and civilian agency (FPASA) law to declare that it is the policy of Congress that no legislation should be enacted that requires procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement contravenes such policy.
Title V - Acquisition Management
Subtitle A - Armed Services Acquisitions
Amends Federal defense planning and coordination law to: (1) set forth congressional policy for DOD acquisition performance goals established by the DOD Secretary for major acquisition programs; and (2) authorize the Secretary to take certain actions to implement such policy.
Section 5001 -
Directs the Secretary to: (1) review existing incentives and personnel actions for encouraging excellence in the acquisition workforce and provide, and report to the Congress on, an enhanced system of incentives for encouraging such excellence; and (2) define in regulations a simplified, results-oriented acquisition program cycle.
Section 5003 -
Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions for: (1) defense acquisition pilot program designations; and (2) certain procedures and other actions by the Secretary for pilot program implementation.
Subtitle B - Civilian Agency Acquisitions
Provides for similar policy, goals, workforce incentives and results-oriented acquisitions for civilian agencies.
Subtitle C - Miscellaneous
Amends OFPPA to establish an executive branch program for rewarding exceptional contract performance by Federal contractors.
Section 5092 -
Amends miscellaneous armed services procurement law to authorize funds appropriated for military departments for purchasing supplies to be used to acquire technical data and computer software and releases for past patent or copyright infringement or unauthorized use.
Title VI - Standards of Conduct
Subtitle A - Ethics Provisions
Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban requirements, and adds rules of construction and harmonizes gratuities provisions with Government-wide ethics provisions.
Section 6002 -
Amends the Federal criminal code with respect to acts affecting a personal financial interest to cover persons who aid or abet violations.
Section 6003 -
Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act.
Subtitle B - Additional Amendments
Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job.
Section 6051 -
Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance on determining whether expertise is available before contracting for such services to conduct acquisitions.
Section 6053 -
Amends the Revised Statutes with respect to Members of Congress and public contracts to eliminate the need for a contract clause (but retain the prohibition against benefiting from a contract entered into by the United States).
Section 6054 -
Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date.
Subtitle C - Whistleblower Protection
Revises and consolidates the two existing whistleblower protection systems for DOD contractor employees.
Section 6102 -
Amends OFPPA to create identical protection for whistleblowers who are employees of civilian agency contractors.
Title VII - Defense Trade and Cooperation
Amends Federal law concerning DOD memoranda of understanding and related agreements to: (1) replace references to such terms with "International Cooperative Agreements;" and (2) expand the authorized scope of such agreements to cover logistics support.
Section 7003 -
Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not exceeding 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country.
Title VIII - Commercial Items
Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component."
Section 8002 -
Creates a preference for executive agency acquisition of commercial and other nondevelopmental items.
Section 8003 -
Requires the FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions permitting contractor reliance on existing quality assurance systems for commercial items and providing for treatment of transfers between affiliates.
Section 8004 -
Authorizes waiver on a class basis in the FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items and components.
Section 8005 -
Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and, from among other requirements, the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA on procurement integrity certification.
Section 8006 -
Amends OFPPA to authorize greater flexibility in setting deadlines for submitting contract offers for commercial item purchases.
Section 8007 -
Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items.
Section 8009 -
Requires a Comptroller General review of Federal market research use for a report to the Congress.
Title IX - Miscellaneous Provisions
Requires a CG review of the independence of legal services provided to Inspectors General (IGs) for a report to the Congress.
Section 9002 -
Directs the GSA Administrator to issue guidelines for ensuring agency cost savings for official air travel.
Section 9003 -
Requires: (1) Federal agencies to promptly resolve IG audit report findings; and (2) issuance of uniform, Government-wide regulations for contractor suspension and debarment.
Title X - Effective Dates and Implementation
Specifies the effective dates of this Act and its amendments.
Section 1000 -
Requires the Federal Procurement Data System under OFPPA to be modified to collect specified data from contracts exceeding the SAT.
Title XI - Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers
Community Improvement Volunteer Act of 1994 - Provides for waivers of Davis-Bacon Act (DBA) prevailing-wage-setting requirements with respect to volunteers who perform services under the Library Services and Construction Act, Indian Self-Determination and Education Assistance Act, or migrant or community health center provisions of the Public Health Service Act. Prohibits approval of any expense, benefit, or fee being paid to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.
Section 1004 -
Directs the Secretary of Labor to report to the Congress on such waivers and make recommendations with respect to other DBA-related Acts that could be addressed to permit volunteer work.

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