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TABLE OF SECTIONS OF SELECTED PROVISIONS OF THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994 1

TITLE I-CONTRACT FORMATION

Sec. 1074. [31 U.S.C. 1535 note] Economy Act purchases.

TITLE II-CONTRACT ADMINISTRATION

Sec. 2192. [41 U.S.C. 256 note] Revision of cost principle relating to entertainment, gift, and recreation costs for contractor employees. Sec. 2353. [15 U.S.C. 644 note] Expedited resolution of contract administration

matters.

Sec. 2455. [31 U.S.C. 6101 note] Uniform suspension and debarment.

TITLE V-ACQUISITION MANAGEMENT

Sec. 5061. [41 U.S.C. 413 note] OFPP test program for executive agencies.
Sec. 5062. [42 U.S.C. 2473 note] NASA mid-range procurement test program.
Sec. 5063. [49 U.S.C. 40110 note] Federal Aviation Administration acquisition

pilot program.

Sec. 5064. [10 U.S.Č. 2430 note] Department of Defense acquisition pilot pro

grams.

Sec. 5093. Sense of Congress on negotiated rulemaking.

TITLE VII-SMALL BUSINESS AND SOCIOECONOMIC LAWS

Sec. 7102. [15 U.S.C. 644 note] Contracting program for certain small business

concerns.

Sec. 7104. [15 U.S.C. 644 note] Small Business Procurement Advisory Council. Sec. 7107. [41 U.S.C. 405 note] Development of definitions regarding certain small business concerns.

Sec. 7204. Maximum practicable opportunities for apprentices on Federal construc

tion projects.

TITLE VIII-COMMERCIAL ITEMS

Sec. 8002. [41 U.S.C. 264 note] Regulations on acquisition of commercial items. Sec. 8304. [41 U.S.C. 264 note] Provisions not affected.

Sec. 8305. [41 U.S.C. 264b note] Comptroller General review of Federal Government use of market research.

TITLE IX-FEDERAL ACQUISITION COMPUTER NETWORK

Sec. 10001. [41 U.S.C. 251 note] Effective date and applicability.
Sec. 10002. [41 U.S.C. 251 note] Implementing regulations.
Sec. 10003. [41 U.S.C. 251 note] Evaluation by the Comptroller General.

Sec. 10004. [41 U.S.C. 405 note] Data collection through the Federal procurement

data system.

1This table shows only those provisions included on pages 449 through 471 of this publication, which are provisions that did not amend existing laws. For a complete table of contents for the Federal Acquisition Streamlining Act of 1994, see Public Law 103–355.

SELECTED PROVISIONS OF THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994

(P.L. 103–355, approved Oct. 13, 1994)

TITLE I-CONTRACT FORMATION
Subtitle A-Competition Statutes

PART II-CIVILIAN AGENCY ACQUISITIONS

Subpart C-Kinds of Contracts

SEC. 1074. [31 U.S.C. 1535 note] ECONOMY ACT PURCHASES.

(a) REGULATIONS REQUIRED.-The Federal Acquisition Regulation shall be revised to include regulations governing the exercise of the authority under section 1535 of title 31, United States Code, 1 for Federal agencies to purchase goods and services under contracts entered into or administered by other agencies.

(b) CONTENT OF REGULATIONS.-The regulations prescribed pursuant to subsection (a) shall

(1) require that each purchase described in subsection (a) be approved in advance by a contracting officer of the ordering agency with authority to contract for the goods or services to be purchased or by another official in a position specifically designated by regulation to approve such purchase;

(2) provide that such a purchase of goods or services may be made only if

(A) the purchase is appropriately made under a contract that the agency filling the purchase order entered into, before the purchase order, in order to meet the requirements of such agency for the same or similar goods or services;

(B) the agency filling the purchase order is better qualified to enter into or administer the contract for such goods or services by reason of capabilities or expertise that is not available within the ordering agency; or

1Section 1535 of title 31, United States Code, is set forth beginning on page 708.

(C) the agency or unit filling the order is specifically authorized by law or regulations to purchase such goods or services on behalf of other agencies;

(3) prohibit any such purchase under a contract or other agreement entered into or administered by an agency not covered by the provisions of chapter 137 of title 10, United States Code, or title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and not covered by the Federal Acquisition Regulation unless the purchase is approved in advance by the senior procurement official responsible for purchasing by the ordering agency; and

(4) prohibit any payment to the agency filling a purchase order of any fee that exceeds the actual cost or, if the actual cost is not known, the estimated cost of entering into and administering the contract or other agreement under which the order is filled.

(c) MONITORING SYSTEM REQUIRED.-The Administrator for Federal Procurement Policy shall ensure that, not later than one year after the date of the enactment of this Act, systems for collecting and evaluating procurement data are capable of collecting and evaluating appropriate data on procurements conducted under the regulations prescribed pursuant to subsection (a).

(d) TERMINATION. This section shall cease to be effective one year after the date on which final regulations prescribed pursuant to subsection (a) take effect.

TITLE II-CONTRACT ADMINISTRATION

Subtitle B-Cost Principles

PART III-ACQUISITIONS GENERALLY

SEC. 2192. [41 U.S.C. 256 note] REVISION OF COST PRINCIPLE RELATING TO ENTERTAINMENT, GIFT, AND RECREATION COSTS FOR CONTRACTOR EMPLOYEES.

(a) COSTS NOT ALLOWABLE. (1) The costs of gifts or recreation for employees of a contractor or members of their families that are provided by the contractor to improve employee morale or performance or for any other purpose are not allowable under a covered contract unless, within 120 days after the date of the enactment of this Act [Oct. 13, 1994], the Federal Acquisition Regulatory Council prescribes amendments to the Federal Acquisition Regulation specifying circumstances under which such costs are allowable under a covered contract.

(2) Not later than 90 days after the date of the enactment of this Act [Oct. 13, 1994], the Federal Acquisition Regulatory Council

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