« PreviousContinue »
(c) PROCEDURES AND SCHEDULE.-(1) The Administrator for Federal Procurement Policy shall provide for the participation in the review and activities under subsections (a) and (b) by representatives of
(A) the Small Business Administration (including the Office of the Chief Counsel for Advocacy);
(B) the Minority Business Development Agency of the Department of Commerce;
(C) the Department of Transportation;
(E) such other executive departments and agencies as the Administrator considers appropriate.
(2) In carrying out subsections (a) and (b), the Administrator shall consult with representatives of organizations representing
(A) minority-owned business enterprises;
(C) other organizations that the Administrator considers appropriate.
(3) Not later than 60 days after the date of the enactment of this Act, the Administrator shall publish in the Federal Register a notice which
(A) lists the provisions of law identified in the review carried out under subsection (a);
(B) describes the matters to be developed on the basis of the results of the review pursuant to subsection (b);
(C) solicits public comment regarding the matters described in the notice pursuant to subparagraphs (A) and (B) for a period of not less than 60 days; and
(D) addresses such other matters as the Administrator considers appropriate to ensure the comprehensiveness of the review and activities under subsections (a) and (b).
(d) REPORT.-Not later than May 1, 1996, the Administrator for Federal Procurement Policy shall submit to the Committees on Small Business of the Senate and the House of Representatives a report on the results of the review carried out under subsection (a) and the actions taken under subsection (b). The report shall include a discussion of the results of the review, a description of the consultations conducted and public comments received, and the Administrator's recommendations with regard to the matters identified under subsection (b).
SEC. 7204. MAXIMUM PRACTICABLE OPPORTUNITIES FOR APPREN
TICES ON FEDERAL CONSTRUCTION PROJECTS.
(1) contractors performing Federal construction contracts should, to the maximum extent practicable, give preference in the selection of subcontractors to subcontractors participating in apprenticeship programs registered with the Department of Labor or with a State apprenticeship agency recognized by such Department; and
(2) contractors and subcontractors performing Federal construction contracts should provide maximum practicable opportunities for employment of apprentices who are participating in or who have completed such apprenticeship programs.
SEC. 8002. [41 U.S.C. 264 note] REGULATIONS ON ACQUISITION OF COM
MERCIAL ITEMS. (a) IN GENERAL.- The Federal Acquisition Regulation shall provide regulations to implement paragraphs (12) through (15) of section 4 of the Office of Federal Procurement Policy Act, chapter 140 of title 10, United States Code, and sections 314 through 314B of the Federal Property and Administrative Services Act of 1949.
(b) CONTRACT CLAUSES.—(1) The regulations prescribed under subsection (a) shall contain a list of contract clauses to be included in contracts for the acquisition of commercial end items. Such list shall, to the maximum extent practicable, include only those contract clauses
(A) that are required to implement provisions of law or executive orders applicable to acquisitions of commercial items or commercial components, as the case may be; or
(B) that are determined to be consistent with standard commercial practice.
(2) Such regulations shall provide that a prime contractor shall not be required by the Federal Government to apply to any of its divisions, subsidiaries, affiliates, subcontractors, or suppliers that are furnishing commercial items any contract clause except those
(A) that are required to implement provisions of law or executive orders applicable to subcontractors furnishing commercial items or commercial components, as the case may be; or
(B) that are determined to be consistent with standard commercial practice.
(3) To the maximum extent practicable, only the contract clauses listed pursuant to paragraph (1) may be used in a contract, and only the contract clauses referred to in paragraph (2) may be required to be used in a subcontract, for the acquisition of commercial items or commercial components by or for an executive agency.
(4) The Federal Acquisition Regulation shall provide standards and procedures for waiving the use of contract clauses required pursuant to paragraph (1), other than those required by law, including standards for determining the cases in which a waiver is appropriate.
(5) For purposes of this subsection, the term “subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor.
(c) MARKET ACCEPTANCE.-(1) The Federal Acquisition Regulation shall provide that under appropriate conditions the head of an executive agency may require offerors to demonstrate that the items offered
(A) have either
(i) achieved commercial market acceptance; or
(ii) been satisfactorily supplied to an executive agency under current or recent contracts for the same or similar requirements; and
(B) otherwise meet the item description, specifications, or other criteria prescribed in the public notice and solicitation relating to the contract.
(2) The Federal Acquisition Regulation shall provide guidance to ensure that the criteria for determining commercial market acceptance include the consideration of
(A) the minimum needs of the executive agency concerned; and
(B) the entire relevant commercial market, including small businesses.
(d) USE OF FIRM, FIXED PRICE CONTRACTS.—The Federal Acquisition Regulation shall include, for acquisitions of commercial items
(1) a requirement that firm, fixed price contracts or fixed price with economic price adjustment contracts be used to the maximum extent practicable; and
(2) a prohibition on use of cost type contracts. (e) CONTRACT QUALITY REQUIREMENTSe regulations prescribed under subsection (a) shall include provisions that,
(1) permit, to the maximum extent practicable, a contractor under a commercial items acquisition to use the existing quality assurance system of the contractor as a substitute for compliance with an otherwise applicable requirement for the Government to inspect or test the commercial items before the contractor's tender of those items for acceptance by the Government;
(2) require that, to the maximum extent practicable, the executive agency take advantage of warranties (including extended warranties) offered by offerors of commercial items and use such warranties for the repair and replacement of commercial items; and
(3) set forth guidance regarding the use of past performance of commercial items and sources as a factor in contract award decisions.
(f) DEFENSE CONTRACT CLAUSES.—(1) Section 824(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 2325 note) shall cease to be effective on the date on which the regulations implementing this section become effective.
(2) Notwithstanding subsection (b), a contract of the Department of Defense entered into before the date on which section 824(b) ceases to be effective under paragraph (1), and a subcontract entered into before such date under such a contract, may include clauses developed pursuant to paragraphs (2) and (3) of section 824(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 2325 note).
Subtitle D–Acquisitions Generally
SEC. 8304. (41 U.S.C. 264 note] PROVISIONS NOT AFFECTED.
Nothing in this title shall be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under
(1) section 2323 of title 10, United States Code, or section 7102 of the Federal Acquisition Streamlining Act of 1994;
(2) the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759));
(3) Brooks Architect-Engineers Act (title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.));
(4) subsections (a) and (d) of section 8 of the Small Business Act (15 U.S.C. 637 (a) and (d)); or
(5) the Javits-Wagner-O'Day Act (41 U.S.C. 46–48c). SEC. 8305. (41 U.S.C. 264b note] COMPTROLLER GENERAL REVIEW OF
FEDERAL GOVERNMENT USE OF MARKET RESEARCH. (a) REPORT REQUIRED.-Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the use of market research by the Federal Government in support of the procurement of commercial items and nondevelopmental items.
(b) CONTENT OF REPORT.-The report shall include the following:
(1) A review of existing Federal Government market research efforts to gather data concerning commercial and other nondevelopmental items.
(2) A review of the feasibility of creating a Governmentwide data base for storing, retrieving, and analyzing market data, including use of existing Federal Government resources.
(3) Any recommendations for changes in law or regulations that the Comptroller General considers appropriate.
TITLE X-EFFECTIVE DATES AND
SEC. 10001. (41 U.S.C. 251 note] EFFECTIVE DATE AND APPLICABILITY.
(a) EFFECTIVE DATE.—Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.
(b) APPLICABILITY OF AMENDMENTS.(1) An amendment made by this Act shall apply, in the manner prescribed in the final regulations promulgated pursuant to section 10002 to implement such amendment, with respect to any solicitation that is issued, any unsolicited proposal that is received, and any contract entered into pursuant to such a solicitation or proposal, on or after the date described in paragraph (3).
(2) An amendment made by this Act shall also apply, to the extent and in the manner prescribed in the final regulations promulgated pursuant to section 10002 to implement such amendment, with respect to any matter related to
(A) a contract that is in effect on the date described in paragraph (3);
(B) an offer under consideration on the date described in paragraph (3); or
(C) any other proceeding or action that is ongoing on the date described in paragraph (3).
(3) The date referred to in paragraphs (1) and (2) is the date specified in such final regulations. The date so specified shall be October 1, 1995, or any earlier date that is not within 30 days after the date on which such final regulations are published.
(c) IMMEDIATE APPLICABILITY OF CERTAIN AMENDMENTS.—Notwithstanding subsection (b), the amendments made by the following provisions of this Act apply on and after the date of the enactment of this Act: sections 1001, 1021, 1031, 1051, 1071, 1092, 1201, 1506(a), 1507, 1554, 2002(a), 2191, 3062(a), 3063, 3064, 3065(a)(1), 3065(b), 3066, 3067, 6001(a), 7101, 7103, 7205, and 7206, the provisions of subtitles A, B, and C of title III, and the provisions of title V. SEC. 10002. (41 U.S.C. 251 note) IMPLEMENTING REGULATIONS.
(a) PROPOSED REVISIONS.—Proposed revisions to the Federal Acquisition Regulation and such other proposed regulations (or revisions to existing regulations) as may be necessary to implement this Act shall be published in the Federal Register not later than 210 days after the date of the enactment of this Act.
(b) PUBLIC COMMENT.—The proposed regulations described in subsection (a) shall be made available for public comment for a period of not less than 60 days.
(c) FINAL REGULATIONS.-Final regulations shall be published in the Federal Register not later than 330 days after the date of enactment of this Act.
(d) MODIFICATIONS.—Final regulations promulgated pursuant to this section to implement an amendment made by this Act may provide for modification of an existing contract without consideration upon the request of the contractor.
(e) REQUIREMENT FOR CLARITY.—Officers and employees of the Federal Government who prescribe regulations to implement this Act and the amendments made by this Act shall make every effort practicable to ensure that the regulations are concise and are easily understandable by potential offerors as well as by Government officials.
(f) SAVINGS PROVISIONS.(1) Nothing in this Act shall be construed to affect the validity of any action taken or any contract entered into before the date specified in the regulations pursuant to section 10001(b)(3) except to the extent and in the manner prescribed in such regulations.
(2) Except as specifically provided in this Act, nothing in this Act shall be construed to require the renegotiation or modification of contracts in existence on the date of the enactment of this Act.
(3) Except as otherwise provided in this Act, a law amended by this Act shall continue to be applied according to the provisions