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shall amend the cost principle in the Federal Acquisition Regulation that is set out in section 31.205-14 of title 48, Code of Federal Regulations, relating to unallowability of entertainment costs
(A) by inserting in the cost principle a statement that costs made specifically unallowable under that cost principle are not allowable under any other cost principle; and
(B) by striking out "(but see 31.205–1 and 31.205–13)”. (b) DEFINITIONS.-In this section:
(1) The term "employee" includes officers and directors of a contractor.
(2) The term "covered contract" has the meaning given such term in section 2324(1) of title 10, United States Code (as amended by section 2101(c)), and section 306(1) of the Federal Property and Administrative Services Act of 1949 (as added by section 2151).
(c) EFFECTIVE DATE.-Any amendments to the Federal Acquisition Regulation made pursuant to subsection (a) shall apply with respect to costs incurred after the date on which the amendments made by section 2101 apply (as provided in section 10001) or the date on which the amendments made by section 2151 apply (as provided in section 10001), whichever is later.
Subtitle D-Claims and Disputes
PART II-ACQUISITIONS GENERALLY
SEC. 2353. [15 U.S.C. 644 note] EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION MATTERS.
(a) REGULATIONS REQUIRED.- (1) The Federal Acquisition Regulation shall include provisions that require a contracting officer(A) to make every reasonable effort to respond in writing within 30 days to any written request made to a contracting officer with respect to a matter relating to the administration of a contract that is received from a small business concern; and
(B) in the event that the contracting officer is unable to reply within the 30-day period, to transmit to the contractor within such period a written notification of a specific date by which the contracting officer expects to respond.
(2) The provisions shall not apply to a request for a contracting officer's decision under the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). 2
(b) RULE OF CONSTRUCTION.-Nothing in this section shall be considered as creating any rights under the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).
(c) DEFINITION.-In this section, the term "small business concern" means a business concern that meets the requirements of sec
2 The Contract Disputes Act of 1978 is set forth beginning on page 845.
tion 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated pursuant to that section.
PART II-ACQUISITIONS GENERALLY
SEC. 2455. [31 U.S.C. 6101 note] UNIFORM SUSPENSION AND DEBARMENT. 3
(a) REQUIREMENT FOR REGULATIONS.-Regulations shall be issued providing that provisions for the debarment, suspension, or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation, or in a nonprocurement activity under regulations issued pursuant to Executive Order No. 12549, shall have government-wide effect. No agency shall allow a party to participate in any procurement or nonprocurement activity if any agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in a procurement or nonprocurement activity.
(b) AUTHORITY TO GRANT EXCEPTION.-The regulations issued pursuant to subsection (a) shall provide that an agency may grant an exception permitting a debarred, suspended, or otherwise excluded party to participate in procurement activities of that agency to the extent exceptions are authorized under the Federal Acquisition Regulation, or to participate in nonprocurement activities of that agency to the extent exceptions are authorized under regulations issued pursuant to Executive Order No. 12549.
(c) DEFINITIONS.-In this section:
(1) The term "procurement activities" means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation.
(2) The term "nonprocurement activities" means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.
(3) The term "agency" means an Executive agency as defined in section 103 of title 5, United States Code.
TITLE V-ACQUISITION MANAGEMENT
For a provision containing a prohibition on the military departments from doing business with offerors or contractors debarred or suspended by another Federal agency, see section 2393 of title 10, United States Code, set forth beginning on page 186.
Subtitle C-Pilot Programs
SEC. 5061. [41 U.S.C. 413 note] OFPP TEST PROGRAM FOR EXECUTIVE AGENCIES.
(a) IN GENERAL.-The Administrator for Federal Procurement Policy (in this section referred to as the "Administrator") may conduct a program of tests of alternative and innovative procurement procedures. To the extent consistent with this section, such program shall be conducted consistent with section 15 of the Office of Federal Procurement Policy Act (41 U.S.C. 413). No more than 6 such tests shall be conducted under the authority of this subsection, and not more than 1 such test shall be conducted under such authority in an agency.
(b) DESIGNATION OF AGENCIES.-Each test conducted pursuant to subsection (a) shall be carried out in not more than 2 specific procuring activities in an agency designated by the Administrator. Each agency so designated shall select the procuring activities participating in the test with the approval of the Administrator and shall designate a procurement testing official who shall be responsible for the conduct and evaluation of tests within that agency.
(c) TEST REQUIREMENTS AND LIMITATIONS. (1) Each test conducted under subsection (a)
(A) shall be developed and structured by the Administrator or by the agency senior procurement executive designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) in close coordination with the Administrator; and
(B) shall be limited to specific programs of agencies or specific acquisitions.
(2) The total estimated life-cycle cost to the Federal Government for each test conducted under subsection (a) may not exceed $100,000,000.
(3)(A) Except as provided in subparagraph (B), each contract awarded in conducting the tests under subsection (a) (including the cost of options if all options were to be exercised) may not exceed $5,000,000.
(B) For one of the tests conducted under subsection (a), the amount of each contract awarded in conducting the test (including options) may exceed $5,000,000.
(4) The program of tests conducted under subsection (a) shall include, either as a test or as part of a test, the use of the Federal acquisition computer network ("FACNET") capability required by section 30 of the Office of Federal Procurement Policy Act (as added by section 9001) for procurement actions in amounts greater than the simplified acquisition threshold.
(d) LIMITATION ON TOTAL VALUE OF CONTRACTS UNDER PROGRAM. (1) The Administrator shall ensure that the total amount obligated under contracts awarded pursuant to the program under this section does not exceed $600,000,000. In calculating such amount, the Administrator shall not include any contract awarded for the test conducted by the National Aeronautics and Space Administration pursuant to section 5062 of this Act.
(2) The Administrator shall monitor the value of contracts awarded pursuant to the program under this section.
(3) No contract may be awarded under the program under this section if the award of the contract would result in obligation of more than $600,000,000 under contracts awarded pursuant to the program under this section.
(e) PROCEDURES AUTHORIZED.-Tests conducted under this section may include any of the following procedures:
(1) Publication of agency needs before drafting of a solicita
(2) Issuance of draft solicitations for comment.
(3) Streamlined solicitations that specify as the evaluation factors the minimum factors necessary, require sources to submit the minimum information necessary, provide abbreviated periods for submission of offers, and specify page limitations for offers.
(4) Limitation of source selection factors to-
(B) past experience and performance; and
(5) Evaluation of proposals by small teams of highly qualified people over a period not greater than 30 days.
(6) Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening process affords all interested sources a fair opportunity to be considered.
(7) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered.
(8) Alternative notice and publication requirements.
(A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that
(i) contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for purposes of guidance only, other specifications; and
(ii) invites any interested source to submit information or samples showing the suitability of its product for meeting those needs, together with a price quotation, or, if appropriate, showing the source's technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors);
(B) contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and
(C) a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in response to the notice or, if appro
priate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A). (f) MEASURABLE TEST CRITERIA.-The Administrator shall require each agency conducting a test pursuant to subsection (a) to establish, to the maximum extent practicable, measurable criteria for evaluation of the effects of the procedure or technique to be tested.
(g) TEST PLAN.-At least 270 days before a test may be conducted under this section, the Administrator shall—
(1) provide a detailed test plan, including lists of any regulations that are to be waived, and any written determination under subsection (h)(1)(B) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate;
(2) provide a copy of the plan to the appropriate authorization and appropriations committees of the House of Representatives and the Senate; and
(3) publish the plan in the Federal Register and provide an opportunity for public comment.
(h) WAIVER OF PROCUREMENT REGULATIONS.-(1) For purposes of a test conducted under subsection (a), the Administrator may waive
(A) any provision of the Federal Acquisition Regulation that is not required by statute; and
(B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the Administrator determines in writing to be necessary to conduct any test of any of the procedures described in subsection (e).
(2) The provisions of law referred to in paragraph (1) are as fol
(A) The following provisions of title 10, United States Code:
(i) Section 2304.
(ii) Section 2305.
(B) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637).
(C) The following provisions of the Revised Statutes:
(i) Section 3709 (41 U.S.C. 5).
(iii) Section 3735 (41 U.S.C. 13).
(D) The following provisions of the Federal Property and Administrative Services Act of 1949:
(i) Section 303 (41 U.S.C. 253).
(ii) Section 303A (41 U.S.C. 253a).
(E) The following provisions of the Office of Federal Procurement Policy Act:
(i) Section 4(6) (41 U.S.C. 403(6)).