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funding for information technology systems in order to achieve the capability referred to in paragraph (1).
SUBTITLE C/OTHER ACQUISITION-RELATED MATTERS
FOR PERFORMANCE-BASED SERVICE CONTRACTING.—Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) shall be revised to establish a preference for use of contracts and task orders for the purchase of services in the following order of precedence:
(1) A performance-based contract or performance-based task order that contains firm fixed prices for the specific tasks to be performed.
(2) Any other performance-based contract or performancebased task order.
(3) Any contract or task order that is not a performancebased contract or a performance-based task order.
(b) INCENTIVE FOR USE OF PERFORMANCE-BASED SERVICE CONTRACTS.—(1) A Department of Defense performance-based service contract or performance-based task order may be treated as a contract for the procurement of commercial items if
(A) the contract or task order is valued at $5,000,000 or less;
(B) the contract or task order sets forth specifically each task to be performed and, for each task
(i) defines the task in measurable, mission-related terms;
(ii) identifies the specific end products or output to be achieved; and
(iii) contains a firm fixed price; and (C) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government.
(2) The special simplified procedures provided in the Federal Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 10, United States Code, shall not apply to a performance-based service contract or performance-based task order that is treated as a contract for the procurement of commercial items under paragraph (1).
(3) Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report on the implementation of this subsection to the congressional defense committees.
(4) The authority under this subsection shall not apply to contracts entered into or task orders issued more than 3 years after the date of the enactment of this Act.
(c) CENTERS OF EXCELLENCE IN SERVICE CONTRACTING.–Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall establish at least one center of excellence in contracting for services. Each center of excellence shall assist the acquisition community by identifying, and serving as a clearinghouse for, best practices in contracting for services in the public and private sectors.
(d) ENHANCED TRAINING IN SERVICE CONTRACTING.-(1) The Secretary of Defense shall ensure that classes focusing specifically on contracting for services are offered by the Defense Acquisition University and the Defense Systems Management College and are otherwise available to contracting personnel throughout the Department of Defense.
(2) The Secretary of each military department and the head of each Defense Agency shall ensure that the personnel of the department or agency, as the case may be, who are responsible for the awarding and management of contracts for services receive appropriate training that is focused specifically on contracting for services. (e) DEFINITIONS.-In this section:
(1) The term “performance-based”, with respect to a contract, a task order, or contracting, means that the contract, task order, or contracting, respectively, includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes.
(2) The term "commercial item" has the meaning given the term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
(3) The term “Defense Agency” has the meaning given the term in section 101(a)(11) of title 10, United States Code.
SEC. 824. [114 Stat. 1654A-219] EXTENSION OF WAIVER PERIOD FOR
LIVE-FIRE SURVIVABILITY TESTING FOR MH-47E AND MH
60K HELICOPTER MODIFICATION PROGRAMS. (a) EXISTING WAIVER PERIOD NOT APPLICABLE.-Section 2366(c)(1) of title 10, United States Code, shall not apply with respect to survivability and lethality tests for the MH-47E and MH60K helicopter modification programs. Except as provided in the previous sentence, the provisions and requirements in section 2366(c) of such title shall apply with respect to such programs, and the certification required by subsection (b) shall comply with the requirements in paragraph (3) of such section.
(b) EXTENDED PERIOD FOR WAIVER.—With respect to the MH47E and MH-60K helicopter modification programs, the Secretary of Defense may waive the application of the survivability and lethality tests described in section 2366(a) of title 10, United States Code, if the Secretary, before full materiel release of the MH-47E and MH-60K helicopters for operational use, certifies to Congress that live-fire testing of the programs would be unreasonably expensive and impracticable.
(c) CONFORMING AMENDMENT.-Section 142(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102– 484; 106 Stat. 2338) is amended by striking “and survivability testing” in paragraphs (1) and (2).
SEC. 825. [114 Stat. 1654A-220) COMPLIANCE WITH EXISTING LAW RE
GARDING PURCHASES OF EQUIPMENT AND PRODUCTS. (a) SENSE OF CONGRESS REGARDING PURCHASE BY THE DEPARTMENT OF DEFENSE OF EQUIPMENT AND PRODUCTS.—It is the sense of Congress that any entity of the Department of Defense, in expending funds authorized by this Act for the purchase of equipment or products, should fully comply with the Buy American Act (41 U.S.C. 10a et seq.) and section 2533 of title 10, United States Code.
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE OF "MADE IN AMERICA” LABELS. If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a "Made in America" inscription, or another inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. SEC. 826. (10 U.S.C. 2304 note] REQUIREMENT TO DISREGARD CERTAIN
AGREEMENTS IN AWARDING CONTRACTS FOR THE PUR
CHASE OF FIREARMS OR AMMUNITION. In accordance with the requirements contained in the amendments enacted in the Competition in Contracting Act of 1984 (title VII of division B of Public Law 98-369; 98 Stat. 1175), the Secretary of Defense may not, in awarding a contract for the purchase of firearms or ammunition, take into account whether a manufacturer or vendor of firearms or ammunition is a party to an agreement under which the manufacturer or vendor agrees to adopt limitations with respect to importing, manufacturing, or dealing in firearms or ammunition in the commercial market.
TITLE VIII–ACQUISITION POLICY, AC
QUISITION MANAGEMENT, AND RELATED MATTERS
SEC. 802. [41 U.S.C. 422 note] STREAMLINED APPLICABILITY OF COST
(c) REGULATION ON TYPES OF CAS COVERAGE.—(1) The Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) to the extent necessary to increase the thresholds established in section 9903.201– 2 of title 48 of the Code of Federal Regulations from $25,000,000 to $50,000,000.
(2) Paragraph (1) requires only a change of the statement of a threshold condition in the regulation referred to by section number in that paragraph, and shall not be construed as
(A) a ratification or expression of approval of
(i) any aspect of the regulation; or
(ii) the manner in which section 26 of the Office of Federal Procurement Policy Act is administered through the regulation; or
(B) a requirement to apply the regulation. (d) IMPLEMENTATION.—The Administrator for Federal Procurement Policy shall ensure that this section and the amendments made by this section are implemented in a manner that ensures that the Federal Government can recover costs, as appropriate, in a case in which noncompliance with cost accounting standards, or a change in the cost accounting system of a contractor segment or subcontractor segment that is not determined to be desirable by the Federal Government, results in a shift of costs from contracts that are not covered by the cost accounting standards to contracts that are covered by the cost accounting standards.
(e) IMPLEMENTATION OF REQUIREMENTS FOR REVISION OF REGULATIONS.(1) Final regulations required by subsection (c) shall be issued not later than 180 days after the date of the enactment of this Act.
(2) Subsection (c) shall cease to be effective one year after the date on which final regulations issued in accordance with that subsection take effect.
(f) STUDY OF TYPES OF CAS COVERAGE.-The Administrator for Federal Procurement Policy shall review the various categories of coverage of contracts for applying cost accounting standards and, not later than the date on which the President submits to Congress the budget for fiscal year 2001 under section 1105(a) of title 31, United States Code, submit to Congress a report on the results of the review. The report shall include an analysis of the matters reviewed and any recommendations that the Administrator considers appropriate regarding such matters.
SEC. 814. [10 U.S.C. 2461 note] PILOT PROGRAM FOR COMMERCIAL
SERVICES. (a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry out a pilot program to treat procurements of commercial services as procurements of commercial items.
(b) DESIGNATION OF PILOT PROGRAM CATEGORIES.—The Secretary of Defense may designate the following categories of services as commercial services covered by the pilot program:
(1) Utilities and housekeeping services.
(3) Medical services. (c) TREATMENT AS COMMERCIAL ITEMS.-A Department of Defense contract for the procurement of commercial services designated by the Secretary for the pilot program shall be treated as a contract for the procurement of commercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)), if the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government.
(d) GUIDANCE.-Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue guidance to procurement officials on contracting for commercial services under the pilot program. The guidance shall place particular emphasis on ensuring that negotiated prices for designated services, including prices negotiated without competition, are fair and reasonable.
(e) UNIFIED MANAGEMENT OF PROCUREMENTS.- The Secretary of Defense shall develop and implement procedures to ensure that, whenever appropriate, a single item manager or contracting officer is responsible for entering into all contracts from a single contractor for commercial services under the pilot program.
(f) DURATION OF PILOT PROGRAM.1) The pilot program shall begin on the date that the Secretary issues the guidance required by subsection (d) and may continue for a period, not in excess of five years, that the Secretary shall establish.
(2) The pilot program shall cover Department of Defense contracts for the procurement of commercial services designated by the Secretary under subsection (b) that are awarded or modified during