[Congressional Record Volume 140, Number 69 (Tuesday, June 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


              FEDERAL ACQUISITION STREAMLINING ACT OF 1994

                                 ______


                        GLENN AMENDMENT NO. 1748

  Mr. GLENN proposed an amendment to the bill (S. 1787) to revise and 
streamline the acquisition laws of the Federal Government, and for 
other purposes; as follows:
       On page 24, line 10, strike out ``that incorporates'' and 
     all that follows through ``incorporated in'' on line 12, and 
     insert in lieu thereof ``for a commercial item other than a 
     commercial component, the make and model of the item being 
     provided in accordance with''.
       On page 25, strike out lines 20 and 21, and insert in lieu 
     thereof the following:
       ``(ii) the same information that would have been provided 
     to the original offerors.
       On page 28, between lines 22 and 23, insert the following:
       ``(c) Solicitation To State Number of Offerors To Be 
     Selected for Phase Two Requests for Competitive Proposals.--A 
     solicitation issued pursuant to subsection (b)(1) shall state 
     the maximum number of offerors that are to be selected to 
     submit competitive proposals pursuant to subsection (b)(3).
       On page 28, line 23, strike out ``(c)'' and insert in lieu 
     thereof ``(d)''.
       On page 29, line 3, insert end quotation marks and a period 
     at the end.
       On page 29, strike out lines 4 through 15.
       On page 50, line 21, strike out ``that incorporates'' and 
     all that follows through ``incorporated in'' on line 23, and 
     insert in lieu thereof ``for a commercial item other than a 
     commercial component, the make and model of the item being 
     provided in accordance with''.
       On page 52, strike out lines 6 and 7, and insert in lieu 
     thereof the following:
       ``(B) the same information that would have been provided to 
     the original offerors.
       On page 55, between lines 11 and 12, insert the following:
       ``(c) Solicitation To State Number of Offerors To Be 
     Selected for Phase Two Requests for Competitive Proposals.--A 
     solicitation issued pursuant to subsection (b)(1) shall state 
     the maximum number of offerors that are to be selected to 
     submit competitive proposals pursuant to subsection (b)(3).
       On page 55, line 12, strike out ``(c)'' and insert in lieu 
     thereof ``(d)''.
       On page 55, line 17, insert end quotation marks and a 
     period at the end.
       On page 55, strike out line 18 and all that follows through 
     page 56, line 2.
       On page 58, line 12, strike out ``severable contract'' and 
     all that follows through ``services'' on line 13, and insert 
     in lieu thereof ``contract for procurement of severable 
     services''.
       On page 58, strike out line 17 and all that follows through 
     page 59, line 2, and insert in lieu thereof the following:
       ``(b) Obligation of Funds.--Funds made available for a 
     fiscal year may be obligated for the total amount of a 
     contract entered into under the authority of subsection 
     (a).''.
       On page 63, strike out lines 11 through 14, and insert in 
     lieu thereof the following:
       ``(C) policies for ensuring that--
       ``(i) offerors are afforded an opportunity to submit 
     relevant information on past contract performance, including 
     performance under contracts entered into by the executive 
     agency concerned, contracts entered into by other departments 
     and agencies of the Federal Government, contracts entered 
     into by agencies of State and local governments, and 
     contracts entered into by commercial customers; and
       ``(ii) such information submitted by offerors is 
     considered.
       On page 63, on line 16, strike out ``the policy'' and 
     insert in lieu thereof ``guidance''.
       On page 63, on line 17, strike out ``may'' and insert in 
     lieu thereof ``should''.
       On page 68, line 9, strike out ``contracting officer'' and 
     all that follows through line 17, and insert in lieu thereof 
     ``contracting officer obtains, in accordance with standards 
     and procedures set forth in the Federal Acquisition 
     Regulation, information on prices at which the same or 
     similar items have been sold in the commercial market that is 
     adequate for evaluating the reasonableness of the price of 
     the contract or subcontract for a commercial item, or the 
     contract or subcontract modification, as the case may be. The 
     contracting officer may obtain such information from the 
     offeror or contractor or, when such information is not 
     available from that source, from another source or 
     sources.''.
       On page 70, strike out lines 7 and 8, and insert in lieu 
     thereof the following:

     prices at which the same or similar items have previously 
     been sold that is adequate for evaluating the reasonableness 
     of the price of the proposed contract or subcontract for the 
     procurement.
       On page 78, line 25, strike out ``contracting officer'' and 
     all that follows through page 79, line 8, and insert in lieu 
     thereof ``contracting officer obtains, in accordance with 
     standards and procedures set forth in the Federal Acquisition 
     Regulation, information on prices at which the same or 
     similar items have been sold in the commercial market that is 
     adequate for evaluating the reasonableness of the price of 
     the contract or subcontract for a commercial item, or the 
     contract or subcontract modification, as the case may be. The 
     contracting officer may obtain such information from the 
     offeror or contractor or, when such information is not 
     available from that source, from another source or 
     sources.''.
       On page 84, line 22, strike out ``such offeror'' and all 
     that follows through line 23, and insert in lieu thereof 
     ``the same or similar items have previously been sold that is 
     adequate for evaluating the reasonableness of the price of a 
     proposed contract or subcontract for the procurement.''.
       On page 110, line 20, insert ```commercial component','' 
     after ```commercial item',''.
       On page 116, line 15, insert ```commercial component','' 
     after ```commercial item',''.
       On page 125, between lines 18 and 19, insert the following:
       (h) Relationship to Prompt Payment Requirements.--Section 
     2307(f) of title 10, United States Code, as amended by 
     subsection (f), is not intended to impair or modify 
     procedures required by the provisions of chapter 39 of title 
     31, United States Code, and the regulations issued pursuant 
     to such provisions of law, that relate to progress payment 
     requests, as such procedures are in effect on the date of the 
     enactment of this Act.
       On page 125, line 19, strike out ``(h)'' and insert in lieu 
     thereof ``(i)''.
       On page 126, line 4, strike out ``(i)'' and insert in lieu 
     thereof ``(j)''.
       On page 133, line 2, strike out ``amendments'' and insert 
     in lieu thereof ``amendment''.
       On page 133, line 3, strike out ``are'' and insert in lieu 
     thereof ``is''.
       On page 159, strike out lines 6 through 20 and insert in 
     lieu thereof the following:

     not required--
       ``(A) where the contractor or subcontractor is a foreign 
     government or agency thereof or is precluded by the laws of 
     the country involved from making its records available for 
     examination; and
       ``(B) where the agency head determines, after taking into 
     account the price and availability of the property and 
     services from United States sources, that the public interest 
     would be best served by not applying paragraph (1).
       ``(3) Paragraph (1) may not be construed to require a 
     contractor or subcontractor to create or maintain any record 
     that the contractor or subcontractor does not maintain in the 
     ordinary course of business or pursuant to another provision 
     of law.
       On page 175, line 12, strike out ``for a'' and all that 
     follows through ``officer's decision'' on line 13, and insert 
     in lieu thereof ``made to a contracting officer''.
       On page 175, line 17, strike out ``render a decision'' and 
     insert in lieu thereof ``reply''.
       On page 175, line 20, strike out ``reach a decision'' and 
     insert in lieu thereof ``respond''.
       On page 175, between lines 20 and 21, insert the following:

     The provisions shall not apply to a request for a contracting 
     officer's decision under the Contract Disputes Act of 1978 
     (41 U.S.C. 601 et seq.).
       On page 196, line 12, strike out ``(as defined'' and all 
     that follows through ``Administrator of General Services)'' 
     on line 14.
       On page 203, between lines 3 and 4, insert the following:
       ``(5) A requirement that a contracting officer consider 
     each responsive offer timely received from an eligible 
     offeror.
       On page 204, line 7, strike out ``section 8(a)'' and insert 
     in lieu thereof ``subsection (a) or (c) of section 8''.
       On page 205, line 2, strike out ``will vest'' and insert in 
     lieu thereof ``vests''.
       On page 205, line 4, strike out ``and''.
       On page 205, line 10, strike out the period at the end and 
     insert in lieu thereof ``; and''.
       On page 205, between lines 10 and 11, insert the following:
       (3) funds are available for making the payment.
       On page 206, between lines 13 and 14, insert the following:
       (c) Notice Not Required in Electronic Commerce.--Subsection 
     (c)(1) of such section, as amended by section 1055(b), is 
     further amended--
       (1) by redesignating subparagraphs (A), (B), (C), (D), (E) 
     and (F) as subparagraphs (B), (C), (D), (E), (F), and (G), 
     respectively; and
       (2) by inserting above subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) the proposed procurement is conducted by means of 
     electronic commerce pursuant to a system that, as determined 
     by the Administrator for Federal Procurement Policy, has the 
     capabilities described in subsections (a) and (b) of section 
     4015 of the Federal Acquisition Streamlining Act of 1994;''.
       On page 206, line 14, strike out ``(c)'' and insert in lieu 
     thereof ``(d)''.
       On page 209, beginning on line 7, strike out ``and 
     solicitations.'' and all that follows through line 11, and 
     insert in lieu thereof ``of solicitations and for deadlines 
     for the submission of offers under solicitations. Each 
     minimum period specified for a notification of solicitation 
     and each deadline for the submission of offers under a 
     solicitation shall afford potential offerors a reasonable 
     opportunity to respond.''.
       On page 209, line 20, insert ``the Federal Acquisition 
     Regulation contains the provisions specifically required by 
     subsection (c) and'' after ``if''
       On page 213, line 8, strike out ``(B)'' and insert in lieu 
     thereof ``(C)''.
       On page 220, strike out line 11 and all that follows 
     through page 221, line 15, and insert in lieu thereof the 
     following:
       (C) in paragraph (3)--
       (i) by striking out ``small purchase threshold'' and 
     inserting in lieu thereof ``simplified acquisition 
     threshold''; and
       (ii) by striking out ``small purchase procedures'' and 
     inserting in lieu thereof ``simplified procedures'';
       (E) in paragraph (4), by striking out ``small purchase 
     procedures'' and inserting in lieu thereof ``the simplified 
     procedures''; and
       (F) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) The Administrator of General Services shall 
     prescribe regulations that provide special simplified 
     procedures for acquisitions of leasehold interests in real 
     property at rental rates that do not exceed the simplified 
     acquisition threshold.
       ``(B) For purposes of subparagraph (A), the rental rate or 
     rates under a multiyear lease do not exceed the simplified 
     acquisition threshold if the average annual amount of the 
     rent payable for the period of the lease does not exceed the 
     simplified acquisition threshold.''.
       On page 224, strike out line 15 and all that follows 
     through page 225, line 18, and insert in lieu thereof the 
     following:

     SEC. 4101. ACQUISITIONS GENERALLY.

       On page 225, line 19, strike out ``(b)'' and insert in lieu 
     thereof ``(a)``.
       On page 225, line 22, strike out ``(c)'' and insert in lieu 
     thereof ``(b)``.
       On page 227, line 5, strike out ``(d)'' and insert in lieu 
     thereof ``(c)``.
       On page 227, strike out line 10, and insert in lieu thereof 
     the following:

     SEC. 4102. ACQUISITIONS FROM SMALL BUSINESSES.

       On page 227, strike out lines 17 and 18, and insert in lieu 
     thereof the following:

     SEC. 4103. CONTRACTING PROGRAM FOR CERTAIN SMALL BUSINESS 
                   CONCERNS.

       On page 268, line 7, insert ``(a) Increased Period.--'' 
     before ``Section''.
       On page 268, between lines 17 and 18, insert the following:
       (b) Technical Amendment.--Section 22(d) of such Act is 
     amended by designating the second sentence as paragraph (3).
       On page 285, line 3, strike out the end quotation marks and 
     the period following the end quotation marks.
       On page 285, between lines 3 and 4, insert the following:
       ``(3) In conducting market research, the head of an 
     executive agency should not require potential sources to 
     submit more than the minimum information that is necessary to 
     make the determinations required in paragraph (2).''.
       On page 286, line 4, insert ``or executive orders'' after 
     ``law''.
       On page 287, line 13, insert ``(1)'' after ``Acceptance.--
     ''.
       On page 287, line 17, strike out ```(1)'' and insert in 
     lieu thereof ```(A)''.
       On page 287, line 18, strike out ```(A)'' and insert in 
     lieu thereof ```(i)''.
       On page 287, line 20, strike out ```(B)'' and insert in 
     lieu thereof ```(ii)''.
       On page 287, line 23, strike out ```(2)'' and insert in 
     lieu thereof ```(B)''.
       On page 287, after line 25, insert the following:
       ``(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.
       On page 288, line 23, strike out the end quotation marks 
     and the period following the end quotation marks.
       On page 295, line 7, insert a comma after ``section 
     4023(a)''.
       On page 295, line 9, strike out ``section 4041'' and insert 
     in lieu thereof ``section 4023(a)''.
       On page 298, line 19, insert ``(a) Office of Federal 
     Procurement Policy Act Amendment.--'' before ``Section''.
       On page 299, lines 1 and 2, strike out ``subsection 
     (a)(1).'' and insert in lieu thereof ``paragraph (1).''.
       On page 299, at the end of line 3 add the following: ``The 
     Federal Acquisition Regulation shall specify a minimum period 
     for submission of a response to a solicitation of offers for 
     a contract for the acquisition of commercial items.''.
       On page 299, between line 3 and 4, insert the following:
       (b) Savings Provision.--The deadlines for submission of 
     offers that are in effect in accordance with section 18(a) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)) and section 8(e) of the Small Business Act (15 U.S.C. 
     637(e)) shall continue to apply to contracts for the purchase 
     of commercial items until the limits prescribed pursuant to 
     paragraph (4) of section 18(a) of the Office of Federal 
     Procurement Policy Act (as added by subsection (a)) are 
     incorporated in the Federal Acquisition Regulation, as 
     required by such paragraph.
       On page 300, strike out lines 7 and 8, and insert in lieu 
     thereof the following:
       (3) subsections (a) and (d) of section 8 of the Small 
     Business Act (15 U.S.C. 637); or
       On page 303, between lines 1 and 2, insert the following:
       (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.
       On page 303, line 2, strike out ``(e)'' and insert in lieu 
     thereof ``(f)``.
       On page 303, line 19, insert at the end the following: 
     ``The report shall include the Comptroller General's 
     evaluation of the extent to which the departments and 
     agencies of the Federal Government, in implementing this Act 
     and the amendments made by this Act, are reducing acquisition 
     management layers and associated costs.''.
                                 ______


                       COCHRAN AMENDMENT NO. 1749

  Mr. COCHRAN proposed an amendment to the bill S. 1749, supra; as 
follows:

       On page 176, between lines 2 and 3, insert the following 
     sections:

     SEC. 2555. AUTHORITY FOR DISTRICT COURTS TO OBTAIN ADVISORY 
                   OPINIONS FROM BOARDS OF CONTRACT APPEALS IN 
                   CERTAIN CASES.

       Section 10 of the Contract Disputes Act of 1978 (41 U.S.C. 
     609) is amended by adding at the end the following new 
     paragraph:
       ``(f)(1) Whenever an action involving an issue described in 
     paragraph (2) is pending in a district court of the United 
     States, the district court may request a board of contract 
     appeals to provide the court with an advisory opinion on the 
     matters of contract interpretation at issue.
       ``(2) An issue referred to in paragraph (1) is any issue 
     that could be the proper subject of a final decision of a 
     contracting officer appealable under this Act.
       ``(3) A district court shall direct any request under 
     paragraph (1) to the board of contract appeals having 
     jurisdiction under this Act to adjudicate appeals of contract 
     claims under the contract or contracts being interpreted by 
     the court.
       ``(4) Within ninety days after receiving a request for an 
     advisory opinion under paragraph (1), a board of contract 
     appeals shall provide the advisory opinion to the district 
     court making the request.''.
                                 ______


                 SIMON (AND OTHERS) AMENDMENT NO. 1750

  Mr. GLENN (for Mr. Simon, for himself, Ms. Moseley-Braun, and Mr. 
D'Amato) proposed an amendment to the bill S. 1749, supra; as follows:

       In S. 1587, strike out on page 194, line 7, through page 
     195, line 14 (Section 3051).
                                 ______


                        FORD AMENDMENT NO. 1751

  Mr. FORD proposed an amendment to the bill S. 1749, supra; as 
follows:

       On page 133, strike out line 22 and all that follows 
     through page 134, line 3, and insert in lieu thereof the 
     following:
       (a) Unallowability of costs To Influence Local Legislative 
     Bodies.--Subsection (e)(1)(B) of section 2324 of title 10, 
     United States Code, is amended by striking out ``or a State 
     legislature'' and inserting in lieu thereof ``, a State 
     legislature, or a legislative body of a political subdivision 
     of a State''.
       (b) Comptroller General Evaluation.--Section 2324 of such 
     title is amended by striking out subsection (l).
       (c) Covered Contract Defined.--Subsection (m) of such 
     section is amended to read as follows:
       On page 138, line 8, strike out ``or a State legislature'' 
     and insert in lieu thereof ``, a State legislature, or a 
     legislative body of a political subdivision of a State''.
                                 ______


                 GRASSLEY (AND ROTH) AMENDMENT NO. 1752

  Mr. GRASSLEY (for himself and Mr. Roth) proposed an amendment to the 
bill S. 1749, supra; as follows:

       On page 205, between lines 10 and 11, insert the following:
       (c) Disbursements To Be Matched With Obligations.--The 
     simplified acquisition procedures shall include procedures 
     that ensure that each request for a disbursement is matched 
     with a particular obligation before the disbursement is made 
     under the payment terms provided for under subsection (a).

                          ____________________