(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 follows: (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)). (ii) Section 18 (41 U.S.C. 416). (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 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. (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 parts, and (B) commercially derived engines for use in supporting the purchase of commercial-derivative aircraft for use in airlift and tanker requirements (including engine replacement and upgrades) and the air vehicle component for airborne warning and control systems. For purposes of a potential complement or alternative to the C-17 program, nondevelopmental airlift aircraft engine shall be considered a commercial-derivative engine. any (b) PILOT PROGRAM IMPLEMENTATION.-[Paragraphs (1), (2), and (3) amended in their entirety the texts of sections 833, 837, and 838 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set forth beginning on page 354].] (4) Not later than 45 days after the date of the enactment of the Federal Acquisition Streamlining Act of 1994 [Oct. 13, 1994), the Secretary of Defense shall identify for each defense acquisition program participating in the pilot program quantitative measures and goals for reducing acquisition management costs. (5) For each defense acquisition program participating in the pilot program, the Secretary of Defense shall establish 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 AUTHORITY.-The authority delegated under subsection (a) may include authority for the Secretary of Defense (1) to apply any amendment or repeal of a provision of law made in this Act to the pilot programs before the effective date of such amendment or repeal; and (2) to apply to a procurement of items other than commercial items under such programs— (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.—(1) Subsection (c) applies with respect to(A) a contract that is awarded or modified during the period described in paragraph (2); and (B) a contract that is awarded before the beginning of such period and is to be performed (or may be performed), in whole or in part, during such period. (2) The period referred to in paragraph (1) is the period that begins 45 days after the date of the enactment of this Act [Oct. 13, 1994] and ends on September 30, 1998. 89-263 95-16 (e) RULE OF CONSTRUCTION.-Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the programs designated for participation in the defense acquisition pilot program under the authority of subsection (a). Subtitle D-Miscellaneous * * SEC. 5093. SENSE OF CONGRESS ON NEGOTIATED RULEMAKING. (a) FINDINGS.-The Congress finds the following: (1) The use of negotiated rulemaking or similar policy discussion group techniques can be an appropriate tool for (A) fostering effective implementation of, and compliance with, laws and regulations; (B) avoiding litigation; and (C) achieving more productive and equitable relationships between the Federal Government and the regulated segments of the private sector. (2) The use of negotiated rulemaking or similar techniques in Federal procurement regulations could be appropriate given the extreme complexity and intricate interactions between buyer and seller in Federal procurements. (b) SENSE OF CONGRESS.-It is the sense of Congress that, in prescribing acquisition regulations, the Federal Acquisition Regulatory Council should consider using negotiated rulemaking procedures in appropriate circumstances in accordance with sections 561 through 570 of title 5, United States Code, or similar techniques intended to achieve the benefits described in subsection (a)(1). TITLE VII-SMALL BUSINESS AND Subtitle A-Small Business Laws SEC. 7102. [15 U.S.C. 644 note] CONTRACTING PROGRAM FOR CERTAIN SMALL BUSINESS CONCERNS. (a) PROCUREMENT PROCEDURES AUTHORIZED. (1) To facilitate the attainment of a goal for the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals that is established for a Federal agency pursuant to section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)), 6 the head of the agency may enter into contracts using— (A) less than full and open competition by restricting the competition for such awards to small business concerns owned and controlled by socially and economically disadvantaged individuals described in subsection (d)(3)(C) of section 8 of the Small Business Act (15 U.S.C. 637); and 6 Section 15(g) of the Small Business Act is set forth beginning on page 633. |