[Congressional Record Volume 141, Number 141 (Tuesday, September 12, 1995)]
[House]
[Pages H8806-H8809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:
                               H.R. 1162

                         Offered By: Mr. Frost

       Amendment No. 1: In section 707(b), strike ``after the date 
     this bill was engrossed by the House of Representatives 
     and''.

                               H.R. 1162

                          Offered By: Mr. Goss

       Amendment No. 2: Page 2, line 6, strike ``ACCOUNT'' and 
     insert ``LEDGER''.
       Page 2, line 7, strike ``Establishment of Account'' and 
     insert ``Ledger''.
       Page 2, line 10, strike ``ACCOUNT'' and insert ``LEDGER''.
       Page 2, line 11, strike ``Establishment of Account'' and 
     insert ``Ledger''.
       Page 2, lines 11 and 12, strike ``There'' and all that 
     follows through ``Account.'' on line 13, and insert the 
     following: ``The Director of the Congressional Budget Office 
     (hereinafter in this section referred to as the `Director') 
     shall maintain a ledger to be known as the `Deficit Reduction 
     Lock-box Ledger'.''.
       Page 2, line 14, strike ``Account'' and insert ``Ledger'' 
     and strike ``subaccounts'' and insert ``entries''.
       Page 2, line 16, strike ``subaccount'' and insert ``entry'' 
     and strike ``entries'' and insert ``parts''.
       Page 3, strike lines 1 through 3 and insert the following:
       ``(b) Components of Ledger.--Each component in an entry 
     shall consist only of amounts credited to it under subsection 
     (c). No entry of a negative amount shall be made.
       Page 3, line 4, strike ``Account'' and insert ``Ledger''.
       Page 3, lines 5 and 6, strike ``of the Congressional Budget 
     Office (hereinafter in this section referred to as the 
     `Director')''.
       Page 3, line 9, strike ``subaccount'' and insert ``entry''.
       Page 4, line 2, strike the comma and insert a period and 
     strike lines 3 and 4.
       Page 4, before line 5, add the following new paragraph:
       ``(3) Calculation of Lock-Box Savings in Senate.--For 
     purposes of calculating under this section the net amounts of 
     reductions in new budget authority and in outlays resulting 
     from amendments agreed to by the Senate on an appropriation 
     bill, the amendments reported to the Senate by its Committee 
     on Appropriations shall be considered to be part of the 
     original text of the bill.

[[Page H 8807]]

       Page 4, between lines 13 and 14, strike ``account'' and 
     insert ``ledger''.
       Page 5, lines 9 and 10, strike ``, as calculated by the 
     Director of the Congressional Budget Office, and'' and insert 
     a period, and on line 11 strike ``the'' and insert ``The''.
       Page 5, line 19, strike ``Director of the Congressional 
     Budget Office'' and insert ``chairman of the Committee on 
     Appropriations of each House''.
       Page 6, line 3, strike ``ACCOUNT'' and insert ``LEDGER''.
       Page 6, line 7, strike ``account'' and insert ``ledger'', 
     and on line 8, strike ``subaccount'' and insert ``entry''.
       Page 6, strike line 9 and all that follows through page 7, 
     line 7, and insert the following new section:

     SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.

       The discretionary spending limits for new budget authority 
     and outlays for any fiscal year set forth in section 
     601(a)(2) of the Congressional Budget Act of 1974, as 
     adjusted in strict conformance with section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     shall be reduced by the amounts set forth in the final 
     regular appropriation bill for that fiscal year or joint 
     resolution making continuing appropriations through the end 
     of that fiscal year. Those amounts shall be the sums of the 
     Joint House-Senate Lock-box Balances for that fiscal year, as 
     calculated under section 602(a)(5) of the Congressional 
     Budget Act of 1974. That bill or joint resolution shall 
     contain the following statement of law: ``As required by 
     section 6 of the Deficit Reduction Lock-box Act of 1995, for 
     fiscal year [insert appropriate fiscal year], the adjusted 
     discretionary spending limit for new budget authority shall 
     be reduced by $ [insert appropriate amount of reduction] and 
     the adjusted discretionary limit for outlays shall be reduced 
     by $ [insert appropriate amount of reduction].'' 
     Notwithstanding section 904(c) of the Congressional Budget 
     Act of 1974, section 306 of that Act as it applies to this 
     statement shall be waived. This adjustment shall be reflected 
     in reports under sections 254(g) and 254(h) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       Page 7, lines 14 and 15, strike ``the date this bill was 
     engrossed by the House of Representatives'' and insert 
     ``August 4, 1995''.
       Page 8, lines 5 and 6, strike ``the date this bill was 
     engrossed by the House of Representatives'' and insert 
     ``August 4, 1995''.

                               H.R. 1162

                    Offered By: Mrs. Meek of Florida

       Amendment No. 3: At the end, add the following new section:

     SEC. 8. PROHIBITION ON THE USE OF SAVINGS TO OFFSET DEFICIT 
                   INCREASES RESULTING FROM DIRECT SPENDING OR 
                   RECEIPTS LEGISLATION.

       Reductions in outlays and reductions in discretionary 
     spending limits specified in section 601(a)(2) of the 
     Congressional Budget Act of 1974 resulting from the 
     implementation of this Act shall not be taken into account 
     for purposes of section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                               H.R. 1655

                        Offered By: Mr. Combest

       Amendment No. 3: Page 7, line 9, strike ``other''.
       Page 7, line 10, insert ``identified in section 904'' after 
     ``law''.
       Page 7, line 13, insert ``and reports to Congress in 
     accordance with section 903'' after ``determines''.
       Page 7, line 15, insert ``related to the activities giving 
     rise to the sanction'' after ``investigation''.
       Page 7, line 16, insert ``related to the activities giving 
     rise to the sanction'' after ``method''.
       Page 7, beginning on line 16, strike ``The President'' and 
     all that follows through line 18, and insert the following: 
     ``Any such stay shall be effective for a period of time 
     specified by the President, which period may not exceed 120 
     days, unless such period is extended in accordance with 
     section 902.''.
       Page 7, after line 18, insert the following:


                          ``extension of stay

       ``Sec. 902. Whenever the President determines and reports 
     to Congress in accordance with section 903 that a stay of 
     sanctions pursuant to section 901 has not afforded sufficient 
     time to obviate the risk to an ongoing criminal investigation 
     or to an intelligence source or method that gave rise to the 
     stay, he may extend such stay for a period of time specified 
     by the President, which period may not exceed 120 days. The 
     authority of this section may be used to extend the period of 
     a stay pursuant to section 901 for successive periods of not 
     more than 120 days each.
       Page 7, strike line 19 and all that follows through line 6 
     on page 8, and insert the following:


                               ``reports

       ``Sec. 903. Reports to Congress pursuant to sections 901 
     and 902 shall be submitted in a timely fashion upon 
     determinations under this title. Such reports shall be 
     submitted to the Committee on International Relations of the 
     House of Representatives and the Committee on Foreign 
     Relations of the Senate. With respect to determinations 
     relating to intelligence sources and methods, reports shall 
     also be submitted to the Permanent Select Committee on 
     Intelligence of the House of Representatives and the Select 
     Committee on Intelligence of the Senate. With respect to 
     determinations relating to ongoing criminal investigations, 
     reports shall also be submitted to the Committees on the 
     Judiciary of the House of Representatives and the Senate.


                         ``laws subject to stay

       ``Sec. 904. The President may use the authority of sections 
     901 and 902 to stay the imposition of an economic, cultural, 
     diplomatic, or other sanction or related action by the United 
     States Government concerning a foreign country, organization, 
     or person otherwise required to be imposed by the Chemical 
     and Biological Weapons Control and Warfare Elimination Act of 
     1991 (title III of Public Law 102-182); the Nuclear 
     Proliferation Prevention Act of 1994 (title VIII of Public 
     Law 103-236); title XVII of the National Defense 
     Authorization Act for Fiscal Year 1991 (Public Law 101-510) 
     (relating to the nonproliferation of missile technology); the 
     Iran-Iraq Arms Nonproliferation Act of 1992 (title XVI of 
     Public Law 102-484); and section 573 of the Foreign 
     Operations, Export Financing Related Programs Appropriations 
     Act, 1994 (Public Law 103-87), section 563 of the Foreign 
     Operations, Export Financing Related Programs Appropriations 
     Act, 1995 (Public Law 103-306), and comparable provisions 
     within annual appropriations Acts.


                             ``application

       ``Sec. 905. This title shall cease to be effective on the 
     date which is three years after the date of the enactment of 
     this title.''.
       Page 8, after line 9 and before line 10, amend the matter 
     proposed to be inserted to read as follows:
  ``Title IX--Application of Sanctions Laws to Intelligence Activities

``Sec. 901. Stay of sanctions.
``Sec. 902. Extension of stay.
``Sec. 903. Reports.
``Sec. 904. Laws subject to stay.
``Sec. 905. Application.''.
                               H.R. 1655

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 4: Page 5, after line 22, insert the 
     following:

     SEC. 105. REDUCTION IN AUTHORIZATIONS.

       (a) In General.--Except as provided in subsection (b), the 
     aggregate amount authorized to be appropriated by this Act, 
     including the amounts specified in the classified Schedule of 
     Authorizations referred to in section 102, is reduced by 
     three percent.
       (b) Exception.--Subsection (a) does not apply to amounts 
     authorized to be appropriated by section 201 for the Central 
     Intelligence Agency Retirement and Disability Fund.
       (c) Transfer and Reprogramming Authority.--(1) The 
     President, in consultation with the Director of Central 
     Intelligence and the Secretary of Defense, may apply the 
     reduction required by subsection (a) by transferring amounts 
     among the accounts or reprogramming amounts within an 
     account, as specified in the classified Schedule of 
     Authorizations referred to in section 102, so long as the 
     aggregate reduction in the amount authorized to be 
     appropriated by this Act equals three percent.
       (2) Before carrying out paragraph (1), the President shall 
     submit a notification to the Permanent Select Committee on 
     Intelligence of the House of Representatives and the Select 
     Committee on Intelligence of the Senate, which notification 
     shall include the reasons for each proposed transfer or 
     reprogramming.
                               H.R. 1655

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 5: Page 10, after line 17, insert the 
     following:

     SEC. 308. DISCLOSURE OF ANNUAL INTELLIGENCE BUDGET.

       As of October 1, 1995, and for fiscal year 1996, and in 
     each year thereafter, the aggregate amounts requested and 
     authorized for, and spent on, intelligence and intelligence-
     related activities shall be disclosed to the public in an 
     appropriate manner.

                               H.R. 1670

                  Offered By: Mrs. Collins of Illinois

       Amendment No. 1: Strike out sections 101, 102, 103, and 106 
     and insert in lieu of section 101 the following:

     SEC. 101. COMPETITION PROVISIONS.

       (a) Conference Before Submission of Bids or Proposals.--(1) 
     Section 2305(a) of title 10, United States Code, is amended 
     by adding at the end the following paragraph:
       ``(6) To the extent practicable, for each procurement of 
     property or services by an agency, the head of the agency 
     shall provide for a conference on the procurement to be held 
     for anyone interested in submitting a bid or proposal in 
     response to the solicitation for the procurement. The purpose 
     of the conference shall be to inform potential bidders and 
     offerors of the needs of the agency and the qualifications 
     considered necessary by the agency to compete successfully in 
     the procurement.''.
       (2) Section 303A of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253a) is amended by adding at 
     the end the following new subsection:
       ``(f) To the extent practicable, for each procurement of 
     property or services by an agency, an executive agency shall 
     provide for a conference on the procurement to be held for 
     anyone interested in submitting a bid or proposal in response 
     to the solicitation for the procurement. The purpose of the 
     conference shall be to inform potential bidders and offerors 
     of the needs of the executive agency and the qualifications 
     considered necessary by the executive agency to compete 
     successfully in the procurement.''.

[[Page H 8808]]

       ``(b) Description of Source Selection Plan in 
     Solicitation.--(1) Section 2305(a) of title 10, United States 
     Code, is further amended in paragraph (2)--
       (A) by striking out ``and'' after the semicolon at the end 
     of subparagraph (A);
       (B) by striking out the period at the end of subparagraph 
     (B) and inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) a description, in as much detail as is practicable, 
     of the source selection plan of the agency, or a notice that 
     such plan is available upon request.''.
       (2) Section 303A of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253a) is further amended in 
     subsection (b)--
       (A) by striking out ``and'' after the semicolon at the end 
     of paragraph (1);
       (B) by striking out the period at the end of paragraph (2) 
     and inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) a description, in as much detail as is practicable, 
     of the source selection plan of the executive agency, or a 
     notice that such plan is available upon request.''.
       (c) Discussions Not Necessary With Every Offeror.--(1) 
     Section 2305(b)(4)(A)(i) of title 10, United States Code, is 
     amended by inserting before the semi colon the following: 
     ``and provided that discussions need not be conducted with an 
     offeror merely to permit that offeror to submit a technically 
     acceptable revised proposal''.
       (2) Section 303B(d)(1)(A) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253b) is 
     amended by inserting before the semicolon the following: 
     ``and provided that discussions need not be conducted with an 
     offeror merely to permit that offeror to submit a technically 
     acceptable revised proposal''.
       (d) Preliminary Assessments of Competitive Proposals.--(1) 
     Section 2305(b)(2) of title 10, United States Code, is 
     amended by adding at the end the following: ``With respect to 
     competitive proposals, the head of the agency may make a 
     preliminary assessment of a proposal received, rather than a 
     complete evaluation of the proposal, and may eliminate the 
     proposal from further consideration if the head of the agency 
     determines the proposal has no chance for contract award.''.
       (2) Section 303B(b) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253b(b)) is 
     amended by adding at the end the following: ``With respect to 
     competitive proposals, the head of the agency may make a 
     preliminary assessment of a proposal received, rather than a 
     complete evaluation of the proposal, and may eliminate the 
     proposal from further consideration if the head of the agency 
     determines the proposal has no chance for contract award.''.
       (e) Federal Acquisition Regulation.--The Federal 
     Acquisition Regulation shall be revised to reflect the 
     amendments made by subsections (a), (b), (c), and (d).
                               H.R. 1670

                         Offered By: Mr. Davis

       Amendment No. 2: Add at the end of title I (page 36, after 
     line 9) the following new section:

     SEC. 107. TWO-PHASE SELECTION PROCEDURES.

       (a) Armed Services Acquisitions.--(1) Chapter 137 of title 
     10, United States Code, is amended by inserting after section 
     2305 the following new section:

     ``Sec. 2305a. Two-phase selection procedures

       ``(a) Authorization.--Unless the traditional acquisition 
     approach of design-bid-build is used or another acquisition 
     procedure authorized by law is used, the head of an agency 
     shall use the two-phase selection procedures authorized in 
     this section for entering into a contract for the design and 
     construction of a public building, facility, or work when a 
     determination is made under subsection (b) that the 
     procedures are appropriate for use. The two-phase selection 
     procedures authorized in this section may also be used for 
     entering into a contract for the acquisition of property or 
     services other than construction services when such a 
     determination is made.
       ``(b) Criteria for Use.--A contracting officer shall make a 
     determination whether two-phase selection procedures are 
     appropriate for use for entering into a contract for the 
     design and construction of a public building, facility, or 
     work when the contracting officer anticipates that three or 
     more offers will be received for such contract, design work 
     must be performed before an offeror can develop a price or 
     cost proposal for such contract, the offeror will incur a 
     substantial amount of expense in preparing the offer. and the 
     contracting officer has considered information such as the 
     following:
       ``(1) The extent to which the project requirements have 
     been adequately defined.
       ``(2) The time constraints for delivery of the project.
       ``(3) The capability and experience of potential 
     contractors.
       ``(4) The suitability of the project for use of the two-
     phase selection procedures.
       ``(5) The capability of the agency to manage the two-phase 
     selection process.
       ``(6) Other criteria established by the agency.
       ``(c) Procedures Described.--Two-phase selection procedures 
     consist of the following:
       ``(1) the agency develops, either in-house or by contract, 
     a scope of work statement for inclusion in the solicitation 
     that defines the project and provides prospective offerors 
     with sufficient information regarding the Government's 
     requirements (which may include criteria and preliminary 
     design, budget parameters, and schedule or delivery 
     requirements) to enable the offerors to submit proposals 
     which meet the Government's needs. When the two-phase 
     selection procedure is used for design and construction of a 
     public building, facility, or work and the agency contracts 
     for development of the scope of work statement, the agency 
     shall contract for architectural/engineering services as 
     defined by and in accordance with the Brooks Architect-
     Engineers Act (40 U.S.C. 541 et seq.).
       ``(2) the contracting officer solicits phase-one proposals 
     that--
       ``(A) include information on the offeror's--
       ``(i) technical approach; and
       ``(ii) technical qualifications; and
       ``(B) do not include--
       ``(i) detailed design information; or
       ``(ii) cost or price information.
       ``(3) The evaluation factors to be used in evaluating 
     phase-one proposals are stated in the solicitation and 
     include specialized experience and technical competence, 
     capability to perform, past performance of the offeror's team 
     (including the architect-engineer and construction members of 
     the team if the
      project is for the construction of a public building, 
     facility, or work) and other appropriate factors, except 
     that cost-related or price-related evaluation factors are 
     not permitted. Each solicitation establishes the relative 
     importance assigned to the evaluation factors and 
     subfactors that must be considered in the evaluation of 
     phase-one proposals. The agency evaluates phase-one 
     proposals on the basis of the phase-one evaluation factors 
     set forth in the solicitation.
       ``(4) The contracting officer selects as the most highly 
     qualified the number of offerors specified in the 
     solicitation to provide the property or services under the 
     contract and requests the selected offerors to submit phase-
     two competitive proposals that include technical proposals 
     and cost or price information. Each solicitation establishes 
     with respect to phase two--
       ``(A) the technical submission for the proposal, including 
     design concepts or proposed solutions to requirements 
     addressed within the scope of work (or both), and
       ``(B) the evaluation factors and subfactors, including cost 
     or price, that must be considered in the evaluations of 
     proposals in accordance with section 2305(b)(4) of this 
     title.

     The contracting officer separately evaluates the submissions 
     described in subparagraphs (A) and (B).
       ``(5) The agency awards the contract in accordance with 
     section 2305(b)(4) of this title.
       ``(d) Solicitation to State Number of Offerors To Be 
     Selected for Phase Two Requests for Competitive Proposals.--A 
     solicitation issued pursuant to the procedures described in 
     subsection (c) shall state the maximum number of offerors 
     that are to be selected to submit competitive proposals 
     pursuant to subsection (c)(4). The maximum number specified 
     in the solicitation shall not exceed 5 unless the agency 
     determines with respect to an individual solicitation that a 
     specified number greater than 5 is in the Government's 
     interest and is consistent with the purposes and objectives 
     of the two-phase selection process.
       ``(e) Stipends Authorized.--The head of an agency is 
     authorized to provide a stipend to competitors that are 
     selected to submit phase-two proposals and that submit 
     proposals that meet the requirements of the solicitation but 
     are not selected for the award.
       ``(f) Requirement for Guidance and Regulations.--The 
     Federal Acquisition Regulatory Council, established by 
     section 25(a) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 421(a)), shall provide guidance and promulgate 
     regulations--
       ``(1) regarding the factors that may be considered in 
     determining whether the two-phase contracting procedures 
     authorized by subsection (a) are appropriate for use in 
     individual contracting situations;
       ``(2) regarding the factors that may be used in selecting 
     contractors;
       ``(3) providing for a uniform approach to be used 
     Government-wide; and
       ``(4) regarding criteria to be used in determining whether 
     the payment of a stipend is appropriate and for determining 
     the amount of the stipend.''.
       (2) The table of sections at the beginning of chapter 137 
     of such title is amended by adding after the item relating to 
     section 2305 the following new item:

       ``2305a. Two-phase selection procedures.''.

       (b) Civilian Agency Acquisitions.--(1) Title III of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 251 et seq.) is amended by inserting after section 
     303L the following new section:
       ``(a) Authoriization.--Unless the `traditional' acquisition 
     approach of design-bid-build is used or another acquisition 
     procedure authorized by law is used, the head of an executive 
     agency shall use the two-phase selection
      procedures authorized in this section for entering into a 
     contract for the design and construction of a public 
     building, facility, or work when a determination is made 
     under subsection (b) that the procedures are appropriate 
     for use. The two-phase selection procedures authorized in 
     this section may also be used for entering into a contract 
     for the acquisition of property or services other than 
     construction services when such a determination is made.
       ``(b) Criteria for Use.--A contracting officer shall make a 
     determination whether two-

[[Page H 8809]]
     phase selection procedures are appropriate for use for entering into a 
     contract for the design and construction of a public 
     building, facility, or work when the contracting officer 
     anticipates that three or more offers will be received for 
     such contract, design work must be performed before an 
     offeror can develop a price or cost proposal for such 
     contract, the offeror will incur a substantial amount of 
     expense in preparing the offer, and the contracting officer 
     has considered information such as the following:
       ``(1) The extent to which the project requirements have 
     been adequately defined.
       ``(2) The time constraints for delivery of the project.
       ``(3) The capability and experience of potential 
     contractors.
       ``(4) The suitability of the project for use of the two-
     phase selection procedures.
       ``(5) The capability of the agency to manage the two-phase 
     selection process.
       ``(6) Other criteria established by the agency.
       ``(c) Procedures Described.--Two-phase selection procedures 
     consist of the following:
       ``(1) The agency develops, either in-house or by contract, 
     a scope of work statement for inclusion in the solicitation 
     that defines the project and provides prospective offerors 
     with sufficient information regarding the Government's 
     requirements (which may including criteria and preliminary 
     design, budget parameters, and schedule or delivery 
     requirements) to enable the offerors to submit proposals 
     which meet the Government's needs. When the two-phase 
     selection procedure is used for design and construction of a 
     public building, facility, or work and the agency contracts 
     for development of the scope of work statement, the agency 
     shall contract for architectural/engineering services as 
     defined by and in accordance with the Brooks Architect-
     Engineers Act (40 U.S.C. 541 et seq.).
       ``(2) The contracting officer solicits phase-one proposals 
     that--
       ``(A) include information on the offeror's--
       ``(i) technical approach; and
       ``(ii) technical qualifications; and
       ``(B) do not include--
       ``(i) detailed design information; or
       ``(ii) cost or price information.
       ``(3) The evaluation factors to be used in evaluating 
     phase-one proposals are stated in the solicitation and 
     include specialized experience and technical competence, 
     capability to perform, past performance of the offeror's team 
     (including the architect-engineer and construction members of 
     the team if the project is for the construction of a public 
     building, facility, or work) and other appropriate factors, 
     except that cost-related or price-related evaluation factors 
     are not permitted. Each solicitation establishes the relative 
     importance assigned to the evaluation factors and subfactors 
     that must be considered in the evaluation of phase-one 
     proposals. The agency evaluates phase-one proposals on the 
     basis of the phase-one evaluation factors set forth in the 
     solicitation.
       ``(4) The contracting officer selects as the most highly 
     qualified the number of offerors specified in the 
     solicitation to provide the property or services
      under the contract and requests the selected offerors to 
     submit phase-two competitive proposals that include 
     technical proposals and cost or price information. Each 
     solicitation establishes with respect to phase two--
       ``(A) the technical submission for the proposal, including 
     design concepts or proposed solutions to requirements 
     addressed within the scope of work (or both), and
       ``(B) the evaluation factors and subfactors, including cost 
     or price, that must be considered in the evaluations of 
     proposals in accordance with section 303B(d).

     The contracting officer separately evaluates the submissions 
     described in subparagraphs (A) and (B).
       ``(5) The agency awards the contract in accordance with 
     section 303B of this title.
       ``(d) Solicitation to State Number of Offerors To Be 
     Selected for Phase Two Requests for Competitive Proposals.--A 
     solicitation issued pursuant to the procedures described in 
     subsection (c) shall state the maximum number of offerors 
     that are to be selected to submit competitive proposals 
     pursuant to subsection (c)(4). The maximum number specified 
     in the solicitation shall not exceed 5 unless the agency 
     determines with respect to an individual solicitation that 
     specified number greater than 5 is in the Government's 
     interest and is consistent with the purposes and objectives 
     of the two-phase selection process.
       ``(e) Stipends Authorized.--The head of an executive agency 
     is authorized to provide a stipend to competitors that are 
     selected to submit phase-two proposals and that submit 
     proposals that meet the requirements of the solicitations but 
     are not selected for the award.
       ``(f) Requirement for Guidance and Regulations.--The 
     Federal Acquisition Regulatory Council, established by 
     section 25(a) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 421(a)), shall provide guidance and promulgate 
     regulations--
       ``(1) regarding the factors that may be considered in 
     determining whether the two-phase contracting procedures 
     authorized by subsection (a) are appropriate for use in 
     individual contracting situations;
       ``(2) regarding the factors that may be used in selecting 
     contractors;
       ``(3) providing for a uniform approach to be used 
     Government-wide; and
       ``(4) regarding criteria to be used in determining whether 
     the payment of a stipend is appropriate and for determining 
     the amount of the stipend.''.
       (2) The table of sections at the beginning of such Act is 
     amended by inserting after the items relating to section 303L 
     the following new items:

``Sec. 303M. Two-phase selection procedures.''.

                               H.R. 1670

                        Offered By: Mrs. Maloney

       Amendment No. 3: Strike out section 304 (relating to 
     international competitiveness).

                               H.R. 1670

                        Offered By: Mrs. Maloney

       Amendment No. 4: Strike out section 202 (page 43, line 15, 
     through page 45, line 19).

                               H.R. 1670

                        Offered By: Mrs. Maloney

       Amendment No. 5: Page 43, strike out lines 15 and 16 and 
     insert in lieu thereof the following:

     SEC. 202. APPLICATION OF SIMPLIFIED PROCEDURES TO COMMERCIAL 
                   OFF-THE-SHELF ITEMS.

       Page 43, line 22, and page 44, line 18, insert after 
     ``commercial'' the following: ``off-the-shelf''.
       Page 44, strike out the closing quotation marks and period 
     at the end of line 11 and insert after such line the 
     following:
       ``(5) In this subsection, the term `commercial off-the-
     shelf item' means an item that--
       ``(A) is an item described in section 4(12)(A) of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 
     403(12)(A));
       ``(B) is sold in substantial quantities in the commercial 
     marketplace; and
       ``(C) is offered to the Government, without modification, 
     in the same form in which it is sold in the commercial 
     marketplace.''.
       Page 45, strike out the closing quotation marks and period 
     at the end of line 7 and insert after such line the 
     following:
       ``(6) In this subsection, the term `commercial off-the-
     shelf item' means an item that--
       ``(A) is an item described in section 4(12)(A) of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 
     403(12)(A));
       ``(B) is sold in substantial quantities in the commercial 
     marketplace; and
       ``(C) is offered to the Government, without modification, 
     in the same form in which it is sold in the commercial 
     marketplace.''.