< Back to S. 1780 (107th Congress, 2001–2002)

Text of the Federal Emergency Procurement Flexibility Act of 2001

This bill was introduced on December 6, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 6, 2001 (Introduced).

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S 1780 IS

107th CONGRESS

1st Session

S. 1780

To provide increased flexibility Governmentwide for the procurement of property and services to facilitate the defense against terrorism, and for other purposes.

IN THE SENATE OF THE UNITED STATES

December 6, 2001

Mr. THOMPSON (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs


A BILL

To provide increased flexibility Governmentwide for the procurement of property and services to facilitate the defense against terrorism, 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.

    This Act may be cited as the ‘Federal Emergency Procurement Flexibility Act of 2001’.

SEC. 2. CONTRACTING FOR HUMANITARIAN OR PEACEKEEPING OPERATIONS AND CONTINGENCY OPERATIONS.

    (a) INCREASED THRESHOLD FOR SIMPLIFIED ACQUISITIONS- Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is amended to read as follows:

      ‘(11)(A) Except as provided in subparagraph (B), the term ‘simplified acquisition threshold’ means $100,000.

      ‘(B) The term ‘simplified acquisition threshold’ means an amount equal to five times the amount specified in subparagraph (A) in the case of a contract to be awarded and performed, or purchase to be made, in support of--

        ‘(i) a military operation (not including routine training, force rotation, or stationing) in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations; or

        ‘(ii) a contingency operation (as defined in section 101(a)(13) of title 10, United States Code).’.

    (b) CONFORMING AMENDMENTS-

      (1) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949- Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d)) is amended--

        (A) in paragraph (1)--

          (i) by striking ‘(1)’; and

          (ii) by striking ‘, except that,’ and all that follows through ‘section 4 of such Act’; and

        (B) by striking paragraph (2).

      (2) TITLE 10, UNITED STATES CODE- Section 2302(7) of title 10, United States Code, is amended by striking ‘, except that,’ and all that follows through ‘section 4 of such Act’.

SEC. 3. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS.

    In the administration of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) during fiscal years 2002 and 2003 with respect to procurements of property or services by or for an executive agency for use to facilitate the defense against terrorism or NBCRT attack, as determined by the head of the executive agency, the amount specified in subsections (c), (d), and (f) of such section shall be deemed to be $25,000.

SEC. 4. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN PROCUREMENTS.

    (a) AUTHORITY-

      (1) IN GENERAL- The head of an executive agency may apply the provisions of law listed in paragraph (2) in the procurement of property or services during fiscal years 2002 and 2003 by or for the executive agency for use to facilitate defense against terrorism or NBCRT attack, as determined by the head of the executive agency, without regard to whether the property or services are commercial items.

      (2) COMMERCIAL ITEM LAWS- The provisions of law referred to in paragraph (1) are as follows:

        (A) Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430).

        (B) Section 2304(g) of title 10, United States Code.

        (C) Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)).

    (b) INAPPLICABILITY OF LIMITATION ON USE OF SIMPLIFIED ACQUISITION PROCEDURES-

      (1) IN GENERAL- The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10, United States Code, and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section.

      (2) OMB GUIDANCE- The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.

    (c) CONTINUATION OF AUTHORITY FOR SIMPLIFIED PURCHASE PROCEDURES- Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b).

SEC. 5. USE OF STREAMLINED PROCEDURES.

    The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for an acquisition, during fiscal years 2002 and 2003, of property or services that, as determined by such official, would facilitate the defense against terrorism or NBCRT attack, including authorities

and procedures that are provided under the following provisions of law:

      (1) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949- In title III of the Federal Property and Administrative Services Act of 1949:

        (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section).

        (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts.

      (2) TITLE 10, UNITED STATES CODE- In chapter 137 of title 10, United States Code:

        (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section).

        (B) Section 2304c, relating to orders under task and delivery order contracts.

      (3) OFFICE OF FEDERAL PROCUREMENT POLICY ACT- Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice.

SEC. 6. CERTAIN RESEARCH AND DEVELOPMENT BY CIVILIAN AGENCIES.

    (a) AUTHORITY-

      (1) IN GENERAL- 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. 317. RESEARCH AND DEVELOPMENT TO FACILITATE DEFENSE AGAINST TERRORISM OR NBCRT ATTACK.

    ‘(a) AUTHORITY-

      ‘(1) IN GENERAL- The head of an executive agency may engage 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 terrorism or NBCRT attack.

      ‘(2) AUTHORIZED MEANS- To engage in projects authorized under paragraph (1), the head of an executive agency may exercise the same authority (subject to the same restrictions and conditions) as the Secretary of Defense may exercise under sections 2358 and 2371 of title 10, United States Code, except for subsections (b), (f), and (g) of such section 2371.

      ‘(3) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES- 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) NBCRT ATTACK DEFINED- In this section, the term ‘NBCRT attack’ means a nuclear, biological, chemical, or radiological attack on the United States, or a technological attack on a national security system (as defined in section 5142 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40 U.S.C. 1452)).

    ‘(c) 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 an 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.

    ‘(d) REGULATIONS- The Director of the Office of Management and Budget shall prescribe regulations to carry out this section.’.

      (2) CLERICAL AMENDMENT- The table of sections in section 1(b) is amended by inserting after the item relating to section 316 the following new item:

‘Sec. 317. Research and development to facilitate defense against terrorism or NBCRT attack.’.

    (b) TEMPORARY AUTHORITY FOR CARRYING OUT CERTAIN PROTOTYPE PROJECTS-

      (1) IN GENERAL- The head of an executive agency designated by the Director of the Office of Management and Budget to do so may, under the authority of section 317 of the Federal Property and Administrative Services Act of 1949 (as added by subsection (a)), carry out prototype projects that meet the requirements of subparagraphs (A) and (B) of subsection (a)(1) of such section in accordance with the same requirements and conditions as are 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).

      (2) CONFORMING AUTHORITY- In the application of the requirements and conditions of section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) to the administration of authority under paragraph (1)--

        (A) subsection (c) of such section shall apply with respect to prototype projects carried out under this subsection; and

        (B) the Director of the Office of Management and Budget shall perform the function of the Secretary of Defense under subsection (d) of such section.

SEC. 7. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE.

    The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against terrorism or NBCRT attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research.

SEC. 8. DEFINITIONS.

    In this Act:

      (1) NBCRT ATTACK- The term ‘NBCRT attack’ means a nuclear, biological, chemical, or radiological attack against the United States, or a technological attack against a national security system (as defined in section 5142 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40 U.S.C. 1452)).

      (2) EXECUTIVE AGENCY- The term ‘executive agency’ has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).