(3) If the Administrator determines that the conduct of a test requires the waiver of a law not listed in paragraph (2) or requires approval of an estimated dollar amount not permitted under subsection (c)(4), the Administrator may propose legislation to authorize the waiver or grant the approval. Before proposing such legislation, the Administrator may provide and publish a test plan as described in subsection (g). (i) REPORT.-Not later than 6 months after completion of a test conducted under subsection (a), the Comptroller General shall submit to Congress a report for the test setting forth in detail the results of the test, including such recommendations as the Comptroller General considers appropriate. (j) COMMENCEMENT AND EXPIRATION OF AUTHORITY. (1) The Administrator may not exercise the authority to conduct a test under subsection (a) in an agency and to award contracts under such a test before the date on which the head of the agency certifies to Congress under section 30A(a)(2) of the Office of Federal Procurement Policy Act that the agency has implemented a full FACNET capability. (2) The authority to conduct a test under subsection (a) in an agency and to award contracts under such a test shall expire 4 years after the date on which the head of the agency makes the certification referred to in paragraph (1). Contracts entered into before such authority expires in an agency pursuant to a test shall remain in effect, notwithstanding the expiration of the authority to conduct the test under this section. (k) RULE OF CONSTRUCTION.-Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the tests conducted pursuant to subsection (a). SEC. 5062. [42 U.S.C. 2473 note] NASA MID-RANGE PROCUREMENT TEST PROGRAM. (a) IN GENERAL.-The Administrator of the National Aeronautics and Space Administration (in this section referred to as the "Administrator") may conduct a test of alternative notice and publication requirements for procurements conducted by the National Aeronautics and Space Administration. 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). 4 (b) APPLICABILITY.-The test conducted under subsection (a) shall apply to acquisitions with an estimated annual total obligation of funds of $500,000 or less. (c) LIMITATION ON TOTAL COST.-The total estimated life-cycle cost to the Federal Government for the test conducted under subsection (a) may not exceed $100,000,000. (d) WAIVER OF PROCUREMENT REGULATIONS. (1) In conducting the test under this section, the Administrator, with the approval of the Administrator for Federal Procurement Policy, 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 Section 15 of the Office of Federal Procurement Policy Act is set forth on page 552. (2), the waiver of which the Administrator determines in writing to be necessary to conduct the test. (2) The provisions of law referred to in paragraph (1) are as follows: (A) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (B) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (e) REPORT.-Not later than 6 months after completion of the test conducted under subsection (a), the Comptroller General shall submit to Congress a report for the test setting forth in detail the results of the test, including such recommendations as the Comptroller General considers appropriate. (f) EXPIRATION OF AUTHORITY.-The authority to conduct the test under subsection (a) and to award contracts under such test shall expire 4 years after the date of the enactment of this Act. Contracts entered into before such authority expires shall remain in effect, notwithstanding the expiration of the authority to conduct the test under this section. (g) RULE OF CONSTRUCTION.-Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test conducted pursuant to subsection (a). SEC. 5063. [49 U.S.C. 40110 note] FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT PROGRAM. (a) AUTHORITY.-The Secretary of Transportation may conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan prepared pursuant to section 44501(b) of title 49, United States Code. In conducting such test, the Secretary shall consult with the Administrator for Federal Procurement Policy. (b) PILOT PROGRAM IMPLEMENTATION.-(1) The Secretary of Transportation should prescribe policies and procedures for the interaction of the program manager and the end user executive responsible for the requirement for the equipment acquired. Such policies and procedures should include provisions for enabling the end user executive to participate in acceptance testing. (2) Not later than 45 days after the date of enactment of this Act, the Secretary of Transportation shall identify for the pilot program quantitative measures and goals for reducing acquisition management costs. (3) The Secretary of Transportation shall establish for the pilot program a review process that provides senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that (A) contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and (B) reduce data requirements from the current program review reporting requirements. (c) SPECIAL AUTHORITIES.-The authority provided by subsection (a) shall include authority for the Secretary of Transportation (1) to apply any amendment or repeal of a provision of law made in this Act to the pilot program before the effective date of such amendment or repeal; and (2) to apply to a procurement of items other than commercial items under such program— (A) any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case of commercial items, and (B) any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items, before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items. (d) APPLICABILITY. Subsection (c) applies with respect to (1) a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act; and (2) a contract that is awarded before such date and is to be performed (or may be performed), in whole or in part, after such date. (e) PROCEDURES AUTHORIZED.-The test conducted under this section may include any of the following procedures: (1) 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. (2) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered. (3) 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 appropriate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A). (f) WAIVER OF PROCUREMENT REGULATIONS. (1) In conducting the test under this section, the Secretary of Transportation, with the approval of the Administrator for Federal Procurement Policy, 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 test procedures authorized by subsection (e). (2) The provisions of law referred to in paragraph (1) are as fol lows: (A) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (B) 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). (C) The following provisions of the Office of Federal Procurement Policy Act: (i) Section 4(6) (41 U.S.C. 403(6)). (g) DEFINITION.-In this section, the term "commercial item" has the meaning provided that term in section 4(12) of the Office of Federal Procurement Policy Act. (h) EXPIRATION OF AUTHORITY.-The authority to conduct the under subsection (a) and to award contracts under such test shall expire 4 years after the date of the enactment of this Act. Contracts entered into before such authority expires shall remain in effect, notwithstanding the expiration of the authority to conduct the test under this section. (i) RULE OF CONSTRUCTION.-Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test conducted pursuant to subsection (a). SEC. 5064. [10 U.S.C. 2430 note] DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS. (a) IN GENERAL.-The Secretary of Defense is authorized to designate the following defense acquisition programs for participation in the defense acquisition pilot program authorized by section 809 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 note): 5 Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (P.L. 101-510) is set forth beginning on page 399. (1) FIRE SUPPORT COMBINED ARMS TACTICAL TRAINER (FSCATT). The Fire Support Combined Arms Tactical Trainer program with respect to all contracts directly related to the procurement of a training simulation system (including related hardware, software, and subsystems) to perform collective training of field artillery gunnery team components, with development of software as required to generate the training exercises and component interfaces. (2) JOINT DIRECT ATTACK MUNITION (JDAM I).—The Joint Direct Attack Munition program with respect to all contracts directly related to the development and procurement of a strap-on guidance kit, using an inertially guided, Global Positioning System updated guidance kit to enhance the delivery accuracy of 1000-pound and 2000-pound bombs in inventory. (3) JOINT PRIMARY AIRCRAFT TRAINING SYSTEM (JPATS).— The Joint Primary Aircraft Training System (JPATS) with respect to all contracts directly related to the acquisition of a new primary trainer aircraft to fulfill Air Force and Navy joint undergraduate aviation training requirements, and an associated ground-based training system consisting of air crew training devices (simulators), courseware, a Training Management System, and contractor support for the life of the system. (4) COMMERCIAL-DERIVATIVE AIRCRAFT (CDA).— (A) All contracts directly related to the acquisition or upgrading of commercial-derivative aircraft for use in meeting airlift and tanker requirements and the air vehicle component for airborne warning and control systems. (B) For purposes of this paragraph, the term "commercial-derivative aircraft" means any of the following: (i) Any aircraft (including spare parts, support services, support equipment, technical manuals, and data related thereto) that is or was of a type customarily used in the course of normal business operations for other than Federal Government purposes, that has been issued a type certificate by the Administrator of the Federal Aviation Administration, and that has been sold or leased for use in the commercial marketplace or that has been offered for sale or lease for use in the commercial marketplace. (ii) Any aircraft that, but for modifications of a type customarily available in the commercial marketplace, or minor modifications made to meet Federal Government requirements, would satisfy or would have satisfied the criteria in subclause (I). (iii) For purposes of a potential complement or alternative to the C-17 program, any nondevelopmental airlift aircraft, other than the C-17 or any aircraft derived from the C-17, shall be considered a commercialderivative aircraft. (5) COMMERCIAL-DERIVATIVE ENGINE (CDE).-The commercial derivative engine program with respect to all contracts directly related to the acquisition of (A) commercial derivative engines (including spare engines and upgrades), logistics support equipment, technical orders, management data, and spare |