Acquisition Reform: Regulatory Implementation of the Federal Acquisition
Streamlining Act of 1994 (Letter Report, 06/28/96, GAO/NSIAD-96-139).

Pursuant to a legislative requirement, GAO reviewed federal agencies'
compliance with the Federal Acquisition Streamlining Act's (FASA)
requirements for publishing revised procurement regulations, focusing
on: (1) whether all regulations necessary to implement the act were
published accordingly; and (2) efforts to make the regulations concise
and understandable.

GAO found that: (1) except in two instances, all proposed revisions to
the federal acquisition regulations (FAR) needed to implement FASA were
published by the May 11, 1995 FASA deadline; (2) the proposed regulation
on fraud remedies was published 1 day late and the implementing
regulation on alternatives to payment bonds had not been published as of
March 1996; (3) 13 of the 29 FAR needed to implement FASA were published
in final form by the September 8, 1995 deadline and two regulations were
issued in interim form; (4) 11 additional final FAR were published by
October 1, 1995; (5) in addition to the regulation on payment bond
alternatives, regulations on multiyear contracting and small
disadvantaged businesses had not been published by October 1, 1995; (6)
the factors that slowed the revision process included translating FASA
language and addressing public comments, particularly those on the more
complex, innovative, and controversial revisions; (7) there was less
compliance with FASA deadlines regarding nonFAR regulations; (8) FAR
drafting teams had considerable experience in drafting regulations and
used numerous public comments to improve the revisions; (9) certain
agencies provided training resources and explanatory materials to help
buying activities understand FASA changes and make FAR revisions concise
and understandable.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  NSIAD-96-139
     TITLE:  Acquisition Reform: Regulatory Implementation of the 
             Federal Acquisition Streamlining Act of 1994
      DATE:  06/28/96
   SUBJECT:  Procurement regulation
             Public relations
             Statutory limitation
             Federal procurement policies
             Compliance
             Human resources training
             Government publications

             
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Cover
================================================================ COVER


Report to Congressional Committees

June 1996

ACQUISITION REFORM - REGULATORY
IMPLEMENTATION OF THE FEDERAL
ACQUISITION STREAMLINING ACT
OF 1994

GAO/NSIAD-96-139

Regulatory Implementation of FASA

(705091)


Abbreviations
=============================================================== ABBREV

  CRAF - Civil Reserve Air Fleet
  DFARS - Defense Federal Acquisition Regulation Supplement
  DOD - Department of Defense
  FACNET - Federal Acquisition Computer Network
  FAR - Federal Acquisition Regulation
  FASA - Federal Acquisition Streamlining Act of 1994
  FIRMR - Federal Information Resources Management Regulation
  GSA - General Services Administration
  GSBCA - General Services Administration Board of Contract Appeals
  NASA - National Aeronautics and Space Administration
  OFPP - Office of Federal Procurement Policy
  OMB - Office of Management and Budget
  TINA - Truth in Negotiations Act

Letter
=============================================================== LETTER


B-259740

June 28, 1996

Congressional Committees

The Federal Acquisition Streamlining Act of 1994 (FASA), enacted on
October 13, 1994, as Public Law 103-355, contained more than 200
sections changing the laws that govern how agencies acquire almost
$200 billion of goods and services annually.  The act established
deadlines for publishing proposed and final implementing regulations,
prescribed a minimum 60-day period for public review and comment on
proposed regulations, and required regulation drafters to make every
effort to ensure that the regulations are concise and understandable. 

This report responds to section 10003(a) of the act, which required
us to evaluate and report on compliance with these requirements.  Our
objectives were to (1) determine whether all regulations necessary to
implement the act were published in accordance with the act's
requirements and (2) describe the efforts made to make the
regulations concise and understandable. 


   BACKGROUND
------------------------------------------------------------ Letter :1

FASA directed that proposed regulations be published not later than
210 days after enactment, or by May 11, 1995, and be available for
public review and comment for not less than 60 days.  FASA also
required final regulations to be published not later than 330 days
after enactment, or by September 8, 1995.  It also said that every
effort practicable should be made to ensure that the regulations are
concise and easily understandable by potential offerors and
government officials. 

Implementing FASA has been a complex process, involving revisions to
numerous regulations, principally the Federal Acquisition Regulation
(FAR), which applies to all executive agencies.\1 Revisions also were
needed in the Defense Federal Acquisition Regulation Supplement,
other agencies' FAR supplements, and miscellaneous other regulations,
such as our Bid Protest Regulations.  In addition, FASA amendments
resulted in the issuance of nonregulatory guidance, such as
Department of Defense directives and instructions. 

FASA specified that some provisions were to apply to acquisitions
upon enactment, others were to apply on the date specified in final
regulations, but all provisions were to apply no later than October
1, 1995. 

The Federal Acquisition Regulatory Council established a special
project to draft the necessary revisions to the FAR.  In place of the
traditional defense and civilian regulatory councils and their
committees,\2 the special project had a project manager from the
Department of Defense, a deputy from the General Services
Administration, and 11 interagency drafting teams.  More than 100
people staffed the special project, many with prior experience
drafting procurement regulations.  The Federal Acquisition Regulatory
Council established an ambitious goal of publishing the final
revisions to the FAR by March 23, 1995. 


--------------------
\1 The FAR is the primary regulation for use by all executive
agencies in their acquisition of supplies and services with
appropriated funds.  Authority for revising the FAR is shared by the
three executive agencies represented on the Federal Acquisition
Regulatory Council by the Secretary of Defense, the Administrator of
General Services, and the Administrator of National Aeronautics and
Space or their designees.  The Office of Federal Procurement Policy
within the Office of Management and Budget is responsible for
providing overall leadership and for ensuring action in cases where
the three agencies cannot agree or fail to issue FAR revisions in a
timely manner. 

\2 Defense and civilian regulatory councils, with 29 committees
covering specialized subjects, traditionally have been responsible
for maintaining the FAR.  The two-council approach was created so
that the Defense Acquisition Regulatory Council retained control over
the creation of defense-unique regulations and a newly created
Civilian Agency Acquisition Council would share responsibility for
regulations that apply governmentwide.  The two councils and
committees have members from Department of Defense components, the
National Aeronautics and Space Administration, and civilian agencies. 


   RESULTS IN BRIEF
------------------------------------------------------------ Letter :2

With two exceptions, all proposed revisions to the FAR necessary to
implement FASA were published in the Federal Register by the
May 11, 1995, FASA deadline.  The two exceptions were the proposed
regulation on fraud remedies, which was published on May 12, 1995,
and an implementing regulation for the FASA provision requiring
alternatives to payment bonds, which had not been published as of
March 15, 1996, when we completed our review. 

Of the 29 FAR regulations needed to implement FASA, only 13 were
published in final form by the FASA deadline, September 8, 1995.  Two
more regulations had been issued in interim form.\3 An additional 11
final FAR regulations, however, were published by October 1, 1995. 
Thus, 26 of the 29 FAR revisions needed to implement FASA were in
place on the latest date that all changes directed by FASA were to
apply to government acquisitions.\4 According to officials involved
in managing the regulation drafting project, key factors that slowed
the process included (1) translating FASA language into regulations
useful to contracting officers and (2) addressing public comments,
especially on the more complex, innovative, or controversial
regulations.  In general, there was less compliance with FASA
deadlines with respect to the non-FAR regulations. 

Appendix I lists the final regulations that were published by the
FASA deadline, those that were published by October 1, and the status
of those regulations that were not published in final form by either
of these dates.  Appendix II summarizes how each of the 204 FASA
sections has been implemented, through regulation or otherwise. 

The FAR drafting teams devoted considerable effort toward making FASA
regulations concise and understandable.  Many team members had
previous experience both in writing regulations and in using them, as
well as expertise in the different subject areas.  Team staffing
included legal advisers and executive branch officials familiar with
FASA's progress from legislative proposal to enactment.  Some team
leaders told us that they were able to draw upon regulatory proposals
already underway before FASA was enacted.  They also told us that
some teams consulted subject matter experts.  Among the resources
available to the teams was the FAR Drafting Conventions Guide, issued
in October 1994, which included a chapter on clear writing. 

When proposed regulations were circulated to federal agencies or
published in the Federal Register, the drafting teams received
hundreds of comments.  In addition, the Federal Acquisition
Regulatory Council, project managers, and drafting teams held public
meetings to hear presentations from anyone who wanted to present oral
comments on seven proposed regulations.  Presenters included agency
and industry personnel.  Both project managers and drafting teams
said that the comments they received helped them to create a better
final product.  These comments are available at the FAR Secretariat,
the office that supports publication of regulations. 

Other efforts were made to make the regulations understandable to
those who have to use them.  The Office of the Secretary of Defense,
the Federal Acquisition Institute, and the FASA implementation
project worked together to develop a number of different training
resources and explanatory materials that would help buying activities
understand FASA changes.  The training was designed to explain the
impact of the new regulations to the acquisition workforce in detail. 
Training resources included the following: 

  -- a five-part videotape series, entitled "FASA:  Making It Work,"
     which portrayed operational use of new policies and procedures
     to conduct different types of procurements;

  -- viewer reference materials, including flowcharts and briefing
     charts, that synopsized and highlighted key points;

  -- live, televised call-in question and answer sessions with
     drafting team leaders and other procurement experts, which were
     subsequently made available on videotapes and in written form;

  -- a side-by-side comparison of changes to the FAR with previous
     text of the FAR; and

  -- a process-oriented Guide to FAR Changes that highlighted changes
     in conducting procurements in such areas as publicizing proposed
     procurements, establishing reasonableness of prices, and
     responding to bid protests. 

Officials responsible for sponsoring FASA training estimated that
approximately 15,000 people viewed the five-part series when it was
broadcast, and 1,600 people requested materials that were available
following the broadcasts. 


--------------------
\3 Interim regulations must be followed, but are subject to change
before being made final. 

\4 The three regulations that were not in place by October 1, 1995,
related to alternatives to payment bonds, multiyear contracting, and
small disadvantaged businesses. 


   AGENCY COMMENTS
------------------------------------------------------------ Letter :3

We asked the Departments of Defense, Labor, and Transportation, as
well as the Office of Federal Procurement Policy, the General
Services Administration, and the National Aeronautics and Space
Administration to review and comment on a draft of this report.  The
Department of Defense orally responded that it generally agreed with
the report but offered some editorial and technical suggestions that
have been incorporated in the final report.  The General Services
Administration orally responded with some concerns and editorial and
technical suggestions; its concerns and suggestions were discussed
and incorporated in the final report.  The Departments of Labor and
Transportation, the Office of Federal Procurement Policy, and the
National Aeronautics and Space Administration indicated their
agreement with the report's contents. 


---------------------------------------------------------- Letter :3.1

Appendix III describes our scope and methodology. 

We are sending copies of this report to the Director, Office of
Management and Budget; the Secretaries of Defense, Labor, and
Transportation; the Administrator for Federal Procurement Policy; the
Administrator of General Services; the Administrator of National
Aeronautics and Space; and other interested congressional committees. 
We also will make copies available to others upon request. 

Please contact me or my Associate Director, David E.  Cooper, at
(202) 512-4841 if you or your staff have any questions concerning
this report.  Major contributors to this report were Philip A. 
Goulet,
Anne W.  Howe, Maureen A.  Murphy, and William T.  Woods. 

Louis J.  Rodrigues
Director, Defense Acquisitions Issues


List of Congressional Committees

The Honorable Ted Stevens
Chairman
The Honorable John Glenn
Ranking Minority Member
Committee on Governmental Affairs
United States Senate

The Honorable Strom Thurmond
Chairman
The Honorable Sam Nunn
Ranking Minority Member
Committee on Armed Services
United States Senate

The Honorable Christopher S.  Bond
Chairman
The Honorable Dale Bumpers
Ranking Minority Member
Committee on Small Business
United States Senate

The Honorable William F.  Clinger
Chairman
The Honorable Cardiss Collins
Ranking Minority Member
Committee on Government Reform and Oversight
House of Representatives

The Honorable Floyd Spence
Chairman
The Honorable Ronald Dellums
Ranking Minority Member
Committee on National Security
House of Representatives

The Honorable Jan Meyers
Chairwoman
The Honorable John J.  LaFalce
Ranking Minority Member
Committee on Small Business
House of Representatives


REGULATORY IMPLEMENTATION OF THE
FEDERAL ACQUISITION STREAMLINING
ACT OF 1994
=========================================================== Appendix I

This appendix lists, by status, the regulations necessary to
implement the Federal Acquisition Streamlining Act of 1994 (FASA). 
The list of regulations provides titles, citations to the Federal
Register, and effective dates, if regulations have been published. 
Regulations are listed in four categories.  The first category
contains final regulations that were published by FASA's deadline for
final regulations of September 8, 1995.  The second category contains
additional final regulations that were published after September 8,
1995, but by October 1, 1995.  The third category contains interim
regulations published by September 8, 1995, and in effect on October
1, 1995, and the fourth category contains descriptions of other
implementation.  Required regulations were published to revise the
Federal Acquisition Regulation (FAR), the Defense Federal Acquisition
Regulation Supplement (DFARS), and several other regulations. 


   FINAL REGULATIONS PUBLISHED BY
   SEPTEMBER 8, 1995
--------------------------------------------------------- Appendix I:1

1.  FAR, Past Performance Information, 60 Fed.  Reg.  16718 (Mar. 
31, 1995), effective May 30, 1995. 

2.  Rules of Procedure of the General Services Administration Board
of Contract Appeals, 60 Fed.  Reg.  17023 (Apr.  4, 1995), effective
May 5, 1995. 

3.  Standards of Conduct and Joint Ethics Regulation, 60 Fed.  Reg. 
20029 (Apr.  24, 1995), effective November 2, 1994. 

4.  DFARS, Miscellaneous Amendments, 60 Fed.  Reg.  29491 (June 5,
1995), effective May 17, 1995.  The final rule deleted DFARS language
that addressed the requirement for competitive prototyping for major
acquisition programs, as directed by Under Secretary of Defense,
Acquisition and Technology, memorandum dated May 4, 1995.  FASA
section 3006 repealed 10 U.S.C.  2438, the statutory basis for the
requirement. 

5.  FAR, Debarment, Suspension, and Ineligibility (Ethics), 60 Fed. 
Reg.  33064 (June 26, 1995), effective August 25, 1995.\1

6.  DFARS, Rights in Technical Data, 60 Fed.  Reg.  33464 (June 28,
1995), effective June 30, 1995, applicable for solicitations issued
on or after September 29, 1995. 

7.  DFARS, Comprehensive Small Business Subcontracting Plans,
60 Fed.  Reg.  35668 (July 10, 1995), effective July 10, 1995.  No
proposed regulation was published.\2

8.  FAR, Procurement Integrity (Ethics), 60 Fed.  Reg.  37773 (July
21, 1995), effective September 19, 1995. 

9.  FAR, Officials Not to Benefit (Ethics), 60 Fed.  Reg.  37773
(July 21, 1995), effective September 19, 1995. 

10.  FAR, Whistleblower Protections for Contractor Employees
(Ethics),
60 Fed.  Reg.  37774 (July 21, 1995), effective September 19, 1995. 

11.  FAR, Repeal of Requirements for Secretarial/Agency Head
Determinations Regarding Use of Cost Type or Incentive Contracts,
60 Fed.  Reg.  37777 (July 21, 1995), effective September 19, 1995. 

12.  FAR, Service Contract Funding, 60 Fed.  Reg.  37778 (July 21,
1995), effective August 21, 1995.  No proposed regulation was
published.\3

13.  GAO, Administrative Practice and Procedure, Bid Protest
Regulations, Government Contracts, 60 Fed.  Reg.  40737 (Aug.  10,
1995), effective October 1, 1995. 

14.  FAR, Consolidation and Revision of the Authority to Examine
Records, 60 Fed.  Reg.  42649 (Aug.  16, 1995), effective October 1,
1995. 

15.  FAR, Contract Award Implementation, 60 Fed.  Reg.  42652
(Aug.  16, 1995), effective October 1, 1995. 

16.  FAR, Penalties on Unallowable Indirect Costs, 60 Fed.  Reg. 
42657
(Aug.  16, 1995), effective October 1, 1995. 

17.  FAR, Implementation of Various Cost Principle Provisions,
60 Fed.  Reg.  42659 (Aug.  16, 1995), effective October 1, 1995. 

18.  FAR, Entertainment, Gift, and Recreation Costs for Contractor
Employees, 60 Fed.  Reg.  42662 (Aug.  16, 1995), effective October
1, 1995. 

19.  FAR, Contractor Overhead Certification, 60 Fed.  Reg.  42663
(Aug.  16, 1995), effective October 1, 1995. 

20.  General Services Administration Acquisition Regulation,
Leasing Real Property, 60 Fed.  Reg.  42793 (Aug.  17, 1995),
effective August 16, 1995. 


--------------------
\1 This was published simultaneously with revision of the
nonprocurement debarment and suspension Common Rule, which requires
that suspensions, debarments, and other exclusions from federal
programs apply governmentwide to both procurement and nonprocurement
activities.  (The nonprocurement Common Rule was issued as final
regulations by participating executive branch agencies, with the
exception of the Department of Transportation, which issued interim
final regulations with an opportunity to comment [60 Fed.  Reg. 
33037, June 26, 1995].)

\2 41 U.S.C.  418b requires that a procurement regulation be
published if it has (1) a significant effect beyond the internal
operating procedures of the issuing agency or (2) a significant cost
or administrative impact on contractors or offerors.  Even though
FASA required publication of proposed implementing regulations, this
regulation did not have the attributes stated in 41 U.S.C.  418b that
require publication. 

\3 See footnote 2. 


   FINAL REGULATIONS PUBLISHED BY
   OCTOBER 1, 1995
--------------------------------------------------------- Appendix I:2

1.  FAR, Truth in Negotiations Act and Related Changes, 60 Fed.  Reg. 
48208 (Sept.  18, 1995), effective October 1, 1995. 

2.  FAR, Protests, Disputes and Appeals, 60 Fed.  Reg.  48224 (Sept. 
18, 1995), effective October 1, 1995. 

3.  FAR, Acquisition of Commercial Items, 60 Fed.  Reg.  48231
(Sept.  18, 1995), effective October 1, 1995 (optional for
solicitations issued before Dec.  1, 1995; mandatory for
solicitations issued after Dec.  1, 1995). 

4.  FAR, Small Business, 60 Fed.  Reg.  48258 (Sept.  18, 1995),
effective October 1, 1995. 

5.  FAR, Subcontractor Payments, 60 Fed.  Reg.  48272 (Sept.  18,
1995), effective October 1, 1995. 

6.  FAR, Reimbursement of Protest Costs, 60 Fed.  Reg.  48274
(Sept.  18, 1995), effective October 1, 1995. 

7.  FAR, Contract Financing, 60 Fed.  Reg.  49707 (Sept.  26, 1995),
effective October 1, 1995. 

8.  FAR, Special Contracting Methods, 60 Fed.  Reg.  49720 (Sept. 
26, 1995), effective October 1, 1995. 

9.  FAR, Task and Delivery Order Contracts (final and interim rule),
60 Fed.  Reg.  49723 (Sept.  26, 1995), effective October 1, 1995. 
The interim rule consists of section 16.500, which was added to FAR
Part 16--Types of Contracts. 

10.  FAR, Fraud Remedies, 60 Fed.  Reg.  49728 (Sept.  26, 1995),
effective October 1, 1995. 

11.  FAR, Assignment of Claims, 60 Fed.  Reg.  49729 (Sept.  26,
1995), effective October 1, 1995. 


   INTERIM REGULATIONS PUBLISHED
   BY SEPTEMBER 8, 1995
--------------------------------------------------------- Appendix I:3

1.  FAR, Micro-Purchase Procedures, 59 Fed.  Reg.  64786 (Dec.  15,
1994), effective December 15, 1994. 

2.  FAR, Simplified Acquisition Procedures/FACNET, 60 Fed.  Reg. 
34741 (July 3, 1995), effective July 3, 1995.\4

3.  DFARS, Contract Award (Interim), 60 Fed.  Reg.  40106 (Aug.  7,
1995), effective August 7, 1995.  Converted to a final rule, 60 Fed. 
Reg.  61586 (Nov.  30, 1995). 


--------------------
\4 This regulation was published simultaneously with Electronic
Contracting, which is an interim regulation to amend the FAR to
address use of electronic commerce/electronic data interchange in
federal government contracting (60 Fed.  Reg.  34735 [July 3, 1995]). 
The Electronic Contracting interim regulation and the Simplified
Acquisition Procedures/FACNET (Federal Acquisition Computer Network)
interim regulation are interdependent and meant to be considered
jointly. 


   OTHER IMPLEMENTATION
--------------------------------------------------------- Appendix I:4


      PROPOSED REGULATIONS
      PUBLISHED BY
      OCTOBER 1, 1995
------------------------------------------------------- Appendix I:4.1

1.  FAR, Travel Costs, 59 Fed.  Reg.  64542 (Dec.  14, 1994).  FASA
section 2191 repealed the statutory basis for the existing
regulation.  The Federal Acquisition Regulatory Council withdrew the
proposed rule in its notice of public meeting
(60 Fed.  Reg.  27471, May 24, 1995). 

2.  FAR, Small Business, 60 Fed.  Reg.  2302 (Jan.  6, 1995). 
Portions covering small disadvantaged businesses (to implement FASA
section 7102) were withheld from the final regulation pending
executive branch review of affirmative action following the Adarand
Supreme Court decision.\5 Those portions relating to small
disadvantaged business set-asides and the evaluation preference for
small disadvantaged businesses were established as a separate FAR
Case, 94-781.  Other portions relating to the small business
reservation (FASA section 4004) were transferred to the Simplified
Acquisition Procedures/FACNET interim regulation.  Other coverage in
the proposed rule was incorporated into the final regulation at 60
Fed.  Reg.  48258 (Sept.  18, 1995). 

3.  FAR, Special Contracting Methods, 60 Fed.  Reg.  14340 (Mar.  16,
1995).  Sections covering new procedures for multiyear contracting
were not published in final form pending further Office of Management
and Budget review and were established as FAR Case 94-712 for
separate processing.  Most of the coverage in the proposed rule was
incorporated into the final regulation at 60 Fed.  Reg.  49720 (Sept. 
26, 1995). 

4.  DFARS, Contract Award (Proposed), 60 Fed.  Reg.  40146 (Aug.  7,
1995).  Regulations implementing FASA sections 1505 and 2402 were
made final in 61 Fed.  Reg.  7739 (Feb.  29, 1996). 


--------------------
\5 The Supreme Court's decision in Adarand Constructors, Inc.  v. 
Pena, 115 S.  Ct.  2097 (1995), set forth a new standard for
evaluating the constitutionality of race-based affirmative action
programs, and the President directed on July 19, 1995, that executive
agencies review affirmative action programs under that standard. 


      PROPOSED REGULATIONS
      PUBLISHED AFTER
      OCTOBER 1, 1995
------------------------------------------------------- Appendix I:4.2

1.  DFARS, Cost Principles, 60 Fed.  Reg.  53320
(Oct.  13, 1995). 

2.  DFARS, Truth in Negotiations Act and Related Changes, 60 Fed. 
Reg.  54326 (Oct.  23, 1995).  This publication includes the proposed
deletion of DFARS language that implemented 10 U.S.C.  2406, the
primary statute covering work measurement systems, which was repealed
by FASA section 2201(b). 

3.  DFARS, Multiyear Contracting and Other Miscellaneous Provisions,
60 Fed.  Reg.  56972 (Nov.  13, 1995). 


      INTERIM REGULATIONS
      PUBLISHED AFTER
      OCTOBER 1, 1995
------------------------------------------------------- Appendix I:4.3

1.  DFARS, Miscellaneous Amendments, 60 Fed.  Reg.  61586 (Nov.  30,
1995).  This publication includes interim implementation of FASA
defense-unique commercial contracting provisions, effective November
30, 1995. 


      REGULATIONS NOT PUBLISHED BY
      MARCH 15, 1996
------------------------------------------------------- Appendix I:4.4

1.  FASA section 1022, Revision and Reorganization of Multiyear
Contracting Authority, to be implemented in the National Aeronautics
and Space Administration FAR Supplement and Department of
Transportation Acquisition Regulation pertaining to the United States
Coast Guard.  Agency officials told us they were waiting for FAR
multiyear contracting coverage before issuing regulations. 

2.  FASA section 1439, Oversight of Acquisition of Automatic Data
Processing Equipment by Federal Agencies.  This section was to be
implemented in the General Services Administration's Federal
Information Resources Management Regulation.  However, the oversight
authority of the General Services Administration was repealed by
section 5101 of the Information Technology Management Reform Act of
1996
(P.L.  104-106, sections 5001-5703). 

3.  FASA section 4104(b), Miller Act.  FASA section 4104(b)(2)(A)
requires alternatives to payment bonds as payment protections for
suppliers of labor and materials.  Publication of an interim rule
under FAR Case 95-301 was pending in the spring of 1996, according to
the Deputy Project Manager for the Implementation of FASA.\6

4.  FASA section 7105, Extension of Defense Contract Goal to Coast
Guard and National Aeronautics and Space Administration, to be
implemented in DFARS, the National Aeronautics and Space
Administration FAR Supplement, and the Department of Transportation
Acquisition Regulation pertaining to the United States Coast Guard
(awaiting executive branch review of federal affirmative action
programs following the Adarand Supreme Court decision).\7

5.  FASA sections 7301-7306, Community Improvement Volunteer Act of
1994, to be implemented in Department of Labor regulations. 

6.  FASA section 8301, Inapplicability of Certain Provisions of Law. 
Section 8301(d) exempts firm fixed-price contracts or subcontracts
(without cost incentives) for commercial items from cost accounting
standards promulgated by the Cost Accounting Standards Board.  The
Cost Accounting Standards Board did not amend regulations at 48
C.F.R.  9903.201-1 to reflect this change.  However, in a memorandum
dated December 18, 1995, the Chairman of the Cost Accounting
Standards Board notified senior procurement executives that the Board
delegated to federal procuring agencies the authority to waive the
application of cost accounting standards to individual firm
fixed-price contracts for the acquisition of commercial items, when
cost or pricing data is not obtained. 


--------------------
\6 Pending required implementation of FASA section 4104 (b)(2)(A) in
the FAR, an interim DFARS rule providing alternatives to payment
bonds for Department of Defense agencies was published and effective
on August 31, 1995 (60 Fed.  Reg.  45376).  Revisions, still interim,
were published later
(61 Fed.  Reg.  3600 and 61 Fed.  Reg.  7739). 

\7 See footnote 5. 


ANALYSIS OF IMPLEMENTATION OF
FASA SECTIONS
========================================================== Appendix II

This appendix provides a section-by-section guide to FASA
implementation.  The first two columns of table II.1 set out all FASA
sections and titles, followed by brief synopses in the third column. 
The remaining five columns under the "Implementation" heading provide
either citations for regulatory implementation or other explanatory
information if the FASA section did not require regulatory
implementation.  We used the following five implementation
categories: 

  -- Final regulation published by September 8, 1995.  Regulatory
     implementation met FASA's deadline for publication in final
     form. 

  -- Final regulation published by October 1, 1995.  Although not
     published by September 8, 1995, the regulation was published in
     final form by the latest date all FASA provisions of law became
     applicable. 

  -- Proposed regulation published by October 1, 1995.  This category
     includes references to regulations published only in proposed
     form by
     October 1, 1995. 

  -- Other.  This category consists of regulatory implementation or
     other status as follows: 

interim regulations, which must be followed, but remain subject to
change when made final and

FASA sections for which no regulatory implementation has been
published in any form. 

  -- No regulatory implementation required.  This category includes
     information relating to FASA sections that did not require
     revising regulations in the Code of Federal Regulations.  The
     reasons for this include the following: 

FASA changes were technical in nature (e.g., editorial revisions or
changes made to achieve conformity with other laws);

existing regulations were sufficient to cover FASA's content and did
not need revision; or

FASA was implemented through other types of actions, not by revising
regulations. 

The 204 sections of FASA were grouped into the following 10 titles: 

  -- Title I--Contract Formation

  -- Title II--Contract Administration

  -- Title III--Service Specific and Major Systems Statutes

  -- Title IV--Simplified Acquisition Threshold

  -- Title V--Acquisition Management

  -- Title VI--Other Procurement-Related Matters

  -- Title VII--Small Business and Socioeconomic Laws

  -- Title VIII--Commercial Items

  -- Title IX--Federal Acquisition Computer Network

  -- Title X--Effective Dates and Implementation



                                                                                       Table II.1
                                                                        
                                                                                  FASA Implementation


                                                                                           Final
                                                                                           regulation           Final            Proposed
                                                                                           published by         regulation       regulation                        No regulatory
                                                                                           September 8,         published by     published by                      implementation
FASA section  Section title             Synopsis                                           1995                 October 1, 1995  October 1, 1995  Other            required
------------  ------------------------  -------------------------------------------------  ---------------  --  ---------------  ---------------  ---------------  -------------------
1001          References to Federal     Deletes obsolete reference to the FAR.                                                                                     Technical change.
              Acquisition Regulation
(see 1051)

1002          Establishment or          Authorizes exclusion of a source of supply to      60 Fed. Reg.
              Maintenance of            ensure the continuous availability of a reliable   42652 (Aug. 16,
(see 1052)    Alternative Sources of    source; satisfy projected needs as determined by   1995)
              Supply                    a history of high demand; or satisfy a critical
                                        need for medical, safety, or emergency supplies.   FAR,
                                                                                           48 C.F.R. 6.202

1003          Clarification of          Permits justifications for the use of other than   60 Fed. Reg.
              Approval Authority for    competitive procedures for contracts over          42652 (Aug. 16,
(see 1053)    Use of Procedures Other   $100,000, but not over $1 million, to be approved  1995)
              Than                      by officials with authority to approve the use of
              Full and Open             such procedures for contracts that exceed $1       FAR,
              Competition               million.                                           48 C.F.R. 6.304

1004          Task and Delivery Order   Codifies existing general authority for the use                         60 Fed. Reg.                      60 Fed. Reg.
              Contracts                 of task and delivery order contracts and                                49723 (Sept.                      49723 (Sept.
(see 1054)                              authorizes agencies to enter into such contracts                        26, 1995)                         26, 1995)
                                        for advisory and assistance services (with
                                        mandatory multiple awards for advisory and                              Revised FAR                       Added interim
                                        assistance contracts exceeding 3 years and                              subpart 16.5                      rule at FAR
                                        $10 million in value).                                                  and made                          16.500, which
                                                                                                                various                           defines the
                                                                                                                conforming                        scope of FAR
                                                                                                                amendments at:                    subpart 16.5.
                                                                                                                52.216-18;
                                                                                                                52.216-19;
                                                                                                                52.216-20;
                                                                                                                52.216-21;
                                                                                                                52.216-22;
                                                                                                                52.216-27;
                                                                                                                52.216-28

1005          Acquisition of Expert     Authorizes the use of other than competitive       60 Fed. Reg.
              Services                  procedures to acquire expert services for use in   42652 (Aug. 16,
(see 1055)                              litigation or disputes involving the federal       1995)
                                        government.
                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           5.202; 5.301;
                                                                                           6.302-3

1011          Source Selection Factors  Requires the disclosure of evaluation factors and  60 Fed. Reg.
                                        subfactors, including past performance as well as  42652 (Aug. 16,
(see 1061)                              cost or price. Solicitation must state whether or  1995)
                                        not discussions will be held before award.
                                        Requires disclosure of relative importance of      FAR,
                                        technical factors as compared to cost or price.    48 C.F.R.
                                                                                           15.406-5;
                                                                                           15.407; 15.605;
                                                                                           15.610; 52.215-
                                                                                           16

1012          Solicitation Provision    Provides that a solicitation for contracts to be   60 Fed. Reg.
              Regarding Evaluation of   awarded using sealed bid procedures cannot         42652 (Aug. 16,
(see 1062)    Purchase Options          include clause providing for evaluation of option  1995)
                                        pricing, unless it is reasonably likely that the
                                        option will be exercised.                          FAR,
                                                                                           48 C.F.R.
                                                                                           17.202; 17.208

1013          Prompt Notice of Award    Requires award notification to unsuccessful        60 Fed. Reg.
                                        offerors or bidders by written or electronic       42652 (Aug. 16,
(see 1063)                              means within 3 days after contract award.          1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           2.101; 14.408-
                                                                                           1; 14.409-1;
                                                                                           15.1002;
                                                                                           15.1003;
                                                                                           25.405; 36.304

1014          Post-Award Debriefings    Requires unsuccessful offerors to be debriefed     60 Fed. Reg.
                                        upon written request received within 3 days after  42652 (Aug. 16,
(see 1064)                              offeror receives notice of contract award.         1995)
                                        Debriefing should take place within 5 days "to
                                        the maximum extent practicable." Sets out          FAR,
                                        categories of information to be discussed and      48 C.F.R.
                                        prohibits point-by-point comparison of offerors.   2.101; 14.409-
                                                                                           1;15.1004;
                                                                                           25.405; 36.607;
                                                                                           52.215-16

1015          Protest File              Requires procuring activity to establish file for                       60 Fed. Reg.
                                        protests to Comptroller General at the request of                       48224 (Sept.
(see 1065)                              an actual or prospective offeror. Others must be                        18, 1995)
                                        provided reasonable access to file.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                33.104

1016          Agency Actions on         Authorizes agency head to take action, including                        60 Fed. Reg.
              Protests                  recompetition, termination, or issuance of a new                        48224 (Sept.
(see 1066)                              solicitation, if he or she determines that a                            18, 1995)
                                        solicitation, proposed award, or award does not
                                        comply with the requirements of law or                                  FAR,
                                        regulation. The agency head may also pay protest                        48 C.F.R.
                                        costs and bid and proposal preparation costs.                           33.102

1021          Repeal of Requirement     Repeals requirement for a determination prior to   60 Fed. Reg.
              for Secretarial           the use of cost-type or incentive-type contracts.  37777
(see 1071)    Determination Regarding                                                      (July 21,
              Use of Cost Type or                                                          1995)
              Incentive
              Contracts                                                                    FAR,
                                                                                           48 C.F.R.
                                                                                           16.301-3;
                                                                                           16.306; 16.403;
                                                                                           16.403-1;
                                                                                           16.403-2;
                                                                                           36.606

1022          Revision and              Revises and reorganizes multiyear contracting                                            60 Fed. Reg.     60 Fed. Reg.
              Reorganization of         authority of the Department of Defense (DOD),                                            14340 (Mar. 16,  56972 (Nov. 13,
(see 1072)    Multiyear Contracting     National Aeronautics and Space Administration                                            1995)            1995) (Proposed
              Authority                 (NASA), and the U.S. Coast Guard.                                                                         rule)
                                                                                                                                 FAR,
                                                                                                                                 48 C.F.R. 17.1   DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  217.1

                                                                                                                                                  NASA and the
                                                                                                                                                  U.S. Coast
                                                                                                                                                  Guard are also
                                                                                                                                                  required to
                                                                                                                                                  draft
                                                                                                                                                  regulations
                                                                                                                                                  under this
                                                                                                                                                  section.

1031          Repeal of Requirement     Repeals requirement for annual reports by DOD                                                                              No action
              for Annual Report by      competition advocates.                                                                                                     required.\a
(see 1092)    Advocates for
              Competition

1051          References to Federal     Deletes obsolete reference to the FAR.                                                                                     Technical change.
              Acquisition Regulation
(see 1001)

1052          Establishment or          Authorizes exclusion of a source of supply to      60 Fed. Reg.
              Maintenance of            ensure the continuous availability of a reliable   42652 (Aug. 16,
(see 1002)    Alternative Sources of    source; satisfy projected needs as determined by   1995)
              Supply                    a history of high demand; or satisfy a critical
                                        need for medical, safety, or emergency supplies.   FAR,
                                                                                           48 C.F.R. 6.202

1053          Clarification of          Permits justifications for the use of other than   60 Fed. Reg.
              Approval Authority for    competitive procedures for contracts over          42652 (Aug. 16,
(see 1003)    Use of Procedures Other   $100,000, but not over $1 million, to be approved  1995)
              Than                      by officials with authority to approve the use of
              Full and Open             such procedures for contracts that exceed $1       FAR,
              Competition               million.                                           48 C.F.R. 6.304

1054          Task and Delivery Order   Codifies existing general authority for the use                         60 Fed. Reg.                      60 Fed. Reg.
              Contracts                 of task and delivery order contracts and                                49723 (Sept.                      49723 (Sept.
(see 1004)                              authorizes agencies to enter into such contracts                        26, 1995)                         26, 1995)
                                        for advisory and assistance services (with
                                        mandatory multiple awards for advisory and                              Revised FAR                       Added interim
                                        assistance contracts exceeding 3 years and                              subpart 16.5                      rule at FAR
                                        $10 million in value).                                                  and made                          16.500, which
                                                                                                                various                           defines the
                                                                                                                conforming                        scope of FAR
                                                                                                                amendments at:                    subpart 16.5.
                                                                                                                52.216-18;
                                                                                                                52.216-19;
                                                                                                                52.216-20;
                                                                                                                52.216-21;
                                                                                                                52.216-22;
                                                                                                                52.216-27;
                                                                                                                52.216-28

1055          Acquisition of Expert     Authorizes the use of other than competitive       60 Fed. Reg.
              Services                  procedures to acquire expert services for use in   42652 (Aug. 16,
(see 1005)                              litigation or disputes involving the federal       1995)
                                        government. Repeals exemption from Competition in
                                        Contracting Act requirements applicable to         FAR,
                                        certain Internal Revenue Service contracts         48 C.F.R.
                                        involving tax return examination or litigation.    5.202; 5.301;
                                                                                           6.302-3

1061          Solicitation,             Requires the disclosure of evaluation factors and  60 Fed. Reg.
              Evaluation,               subfactors, including past performance, as well    42652 (Aug. 16,
(see 1011)    and Award                 as cost or price. Authorizes civilian agencies to  1995)
                                        make awards without discussions if solicitation
                                        states that this will be done. Solicitation must   FAR,
                                        state whether or not discussions will be held      48 C.F.R.
                                        before award. Requires disclosure of relative      15.406-5;
                                        importance of technical factors as compared to     15.407; 15.605;
                                        cost or price.                                     15.610; 52.215-
                                                                                           16

1062          Solicitation Provision    Provides that a solicitation for contracts to be   60 Fed. Reg.
              Regarding Evaluation of   awarded using sealed bid procedures cannot         42652 (Aug. 16,
(see 1012)    Purchase Options          include clause providing for evaluation of option  1995)
                                        pricing, unless it is reasonably likely that the
                                        option will be exercised.                          FAR,
                                                                                           48 C.F.R.
                                                                                           17.202; 17.208

1063          Prompt Notice of Award    Requires award notification to unsuccessful        60 Fed. Reg.
                                        offerors or bidders by written or electronic       42652 (Aug. 16,
(see 1013)                              means within 3 days after contract award.          1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           2.101; 14.408-
                                                                                           1; 14.409-1;
                                                                                           15.1002;
                                                                                           15.1003;
                                                                                           25.405; 36.304

1064          Post-award Debriefings    Requires unsuccessful offerors to be debriefed     60 Fed. Reg.
                                        upon written request received within 3 days after  42652 (Aug. 16,
(see 1014)                              offeror receives notice of contract award.         1995)
                                        Debriefing should take place within 5 days "to
                                        the maximum extent practicable." Sets out          FAR,
                                        categories of information to be discussed and      48 C.F.R.
                                        prohibits point-by-point comparison of offerors.   2.101; 14.409-
                                                                                           1; 15.1004;
                                                                                           25.405; 36.607;
                                                                                           52.215-16

1065          Protest File              Requires procuring activity to establish file for                       60 Fed. Reg.
                                        protests to Comptroller General at the request of                       48224 (Sept.
(see 1015)                              an actual or prospective offeror. Others must be                        18, 1995)
                                        provided reasonable access to file.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                33.104

1066          Agency Actions on         Authorizes agency head to take action, including                        60 Fed. Reg.
              Protests                  recompetition, termination, or issuance of a new                        48224 (Sept 18,
(see 1016)                              solicitation, if he or she determines that a                            1995)
                                        solicitation, proposed award, or award does not
                                        comply with the requirements of law or                                  FAR,
                                        regulation. The agency head may also pay protest                        48 C.F.R.
                                        costs and bid and proposal preparation costs.                           33.102

1071          Repeal of Agency Head     Repeals requirement for a determination prior to   60 Fed. Reg.
              Determination Regarding   the use of cost-type or incentive-type contracts.  37777
(see 1021)    Use of Cost Type or                                                          (July 21,
              Incentive Contract                                                           1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           16.301-3;
                                                                                           16.306; 16.403;
                                                                                           16.403-1;
                                                                                           16.403-2;
                                                                                           36.606

1072          Multiyear Contracting     Authorizes civilian agencies to enter into                                               60 Fed. Reg.
              Authority                 multiyear contracts if funds are available,                                              14340 (Mar. 16,
(see 1022)                              demand for product is reasonably firm, and                                               1995)
                                        contract is in the best interest of the United
                                        States. Congress must be notified before award of                                        FAR,
                                        any contract containing a cancellation ceiling                                           48 C.F.R. 17.1
                                        over $10 million.

1073          Severable Services        Authorizes civilian agency heads to enter into     60 Fed. Reg.
              Contracts Crossing        contracts for procurement of severable services    37778
              Fiscal Years              for a period that begins in one fiscal year and    (July 21,
                                        ends in the next, if the contract period does not  1995)
                                        exceed 1 year, excluding options.
                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           32.703-3;
                                                                                           37.106

1074          Economy Act Purchases     Requires revision of FAR provisions governing                           60 Fed. Reg.
                                        federal agency authority to purchase goods and                          49720 (Sept.
                                        services under contracts entered into or                                26, 1995)
                                        administered by other agencies.
                                                                                                                FAR,
                                                                                                                48 C.F.R. 17.5

1091          Policy Regarding          Requires the Administrator of the Office of        60 Fed. Reg.                                           See also A
              Consideration of          Federal Procurement Policy (OFPP) to provide       16718 (Mar. 31,                                        Guide to Best
              Contractor Past           guidance regarding the consideration of past       1995)                                                  Practices for
              Performance               performance. Guidance to include evaluation                                                               Past
                                        standards, information collection and maintenance  FAR,                                                   Performance
                                        provisions, and policy to ensure offeror has       48 C.F.R.                                              (OFPP, interim
                                        opportunity to submit and have past performance    9.104-1; 9.105-                                        edition, May
                                        information considered.                            1; 15.406-5;                                           1995)
                                                                                           15.604; 15.605;
                                                                                           15.608; 15.610;
                                                                                           15.1003;
                                                                                           42.302; 42.15

1092          Repeal of Requirement     Repeals former requirement for agency heads to                                                                             No action
              for Annual Report on      report to Congress on actions taken to increase                                                                            required.\a
(see 1031)    Competition               competition and to decrease the number and dollar
                                        value of noncompetitive contracts.

1093          Discouragement of         Requires the FAR Council to promulgate                                                                                     The FAR already had
              Nonstandard Contract      regulations to discourage the use of nonstandard                                                                           standard clauses,
              Clauses                   contract clauses on a repetitive basis.                                                                                    and FAR Part 1
                                                                                                                                                                   allows for
                                                                                                                                                                   authorized
                                                                                                                                                                   deviations.

1201          Stabilization of Dollar   Establishes a permanent $500,000 threshold for                          60 Fed. Reg.
              Threshold of              the submission of cost or pricing data under the                        48208 (Sept.
(see 1251)    Applicability             Truth in Negotiations Act (TINA) for DOD, NASA,                         18, 1995)
                                        and the U.S. Coast Guard.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                15.804-2

1202          Exceptions to Cost or     Establishes mandatory cost or pricing data                              60 Fed. Reg.
              Pricing Data              exception when price is based on adequate                               48208 (Sept.
(see 1251)    Requirements              competition, established catalog or market price                        18, 1995)
                                        of commercial item sold in substantial quantities
                                        to the general public, or prices set by law or                          FAR,
                                        regulation. Sets out exception for commercial                           48 C.F.R.
                                        item modifications that do not change nature of                         15.804-1;
                                        acquisition from commercial to noncommercial.                           15.804-2;
                                                                                                                15.804-3
                                                                                                                (removed and
                                                                                                                reserved);
                                                                                                                15.806-1;
                                                                                                                15.806-2;
                                                                                                                52.215-26;
                                                                                                                52.215-41;
                                                                                                                52.215-42

1203          Restrictions on           Authorizes agency to require submission of cost                         60 Fed. Reg.
              Additional Authority to   or pricing data for procurements under $500,000                         48208 (Sept.
(see 1251)    Require Cost or Pricing   only upon nondelegable written determination by                         18, 1995)
              Data or Other             head of the procuring activity. In no event may
              Information               data be required if one of the statutory                                FAR,
                                        exceptions set out in section 1202 applies.                             48 C.F.R.
                                        Authorizes procuring activity head to request                           15.804-2;
                                        other types of data to determine price                                  15.804-3
                                        reasonableness.                                                         (removed and
                                                                                                                reserved);
                                                                                                                15.804-5;
                                                                                                                15.804-6;
                                                                                                                53.215-2

1204          Additional Special Rules  Creates new exception to cost and pricing data                          60 Fed. Reg.
              for Commercial Items      requirement in competitive procurements of                              48208 (Sept.
(see 1251)                              commercial items where purchase is based on                             18, 1995)
                                        adequate price competition. Discusses information
                                        to collect to determine price reasonableness when                       FAR,
                                        procurement is not based on adequate competition.                       48 C.F.R.
                                        Sets out provisions related to audit of                                 15.106-2;
                                        information.                                                            15.804-1;
                                                                                                                15.804-3
                                                                                                                (removed and
                                                                                                                reserved);
                                                                                                                15.804-5;
                                                                                                                52.215-26;
                                                                                                                52.215-41;
                                                                                                                52.215-42;
                                                                                                                52.215-43

1205          Right of United States    Gives agency heads the authority provided under    60 Fed. Reg.
              to Examine Contractor     10 U.S.C. 2313 to examine contractor records for   42649 (Aug. 16,
(see 1251)    Records                   the purpose of evaluating the accuracy,            1995)
                                        completeness, and currency of cost or pricing
                                        data.                                              48 C.F.R.
                                                                                           14.201-7;
                                                                                           15.106-1;
                                                                                           52.214-26;
                                                                                           52.215-2

1206          Required Regulations      Requires inclusion in the FAR of a list of the                          60 Fed. Reg.
                                        types of information offerors must submit for                           48208 (Sept.
(see 1251)                              price reasonableness determinations when                                18, 1995)
                                        certified cost or pricing data is not required.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                15.804-5

1207          Consistency of Time       Ensures consistency of time references in TINA                          60 Fed. Reg.
              References                (10 U.S.C. 2306a).                                                      48208 (Sept.
(see 1251)                                                                                                      18, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                15.801; 15.804-
                                                                                                                4

1208          Exception for Transfers   Defines "cost and pricing data," "subcontract,"                         60 Fed. Reg.
              Between Divisions,        and "commercial item" as applicable to TINA.                            48208 (Sept.
(see 1251)    Subsidiaries, and         "Subcontract" defined to include a transfer of                          18, 1995)
              Affiliates                commercial items between divisions, subsidiaries,
                                        or affiliates of a contractor or a subcontractor.                       FAR,
                                                                                                                48 C.F.R.
                                                                                                                15.801

1209          Coverage of Coast Guard   Sets out TINA provisions governing interest and                         60 Fed. Reg.
              and NASA for Interest     penalties for overpayments due to defective cost                        48208 (Sept.
              and Payments on Certain   or pricing data made applicable to NASA and the                         18, 1995)
              Overpayments              U.S. Coast Guard.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                15.804-7

1210          Repeal of Superseded      Repeals superseded provisions related to TINA.                                                                             Technical change.
              Provision

1251          Revision of Civilian      Ensures uniformity of TINA requirements for        60 Fed. Reg.         60 Fed. Reg.
              Agency Provisions to      civilian agencies and for DOD, NASA, and the U.S.  42649 (Aug. 16,      48208 (Sept.
(see 1201-    Ensure Uniform Treatment  Coast Guard.                                       1995)                18, 1995)
1208)         of Cost or Pricing Data
                                                                                           FAR,                 FAR,
                                                                                           48 C.F.R.            48 C.F.R.
                                                                                           14.201-7;            15.106-2;
                                                                                           15.106-1;            15.801; 15.804-
                                                                                           52.214-26;           1--15.804-
                                                                                           52.215-2             7;15.806-1;
                                                                                                                15.806-2;
                                                                                                                52.215-26;
                                                                                                                52.215-41;
                                                                                                                52.215-42;
                                                                                                                52.215-43;
                                                                                                                53.215-2

1252          Repeal of Obsolete        Repeals section 303E of the Federal Property and                        60 Fed. Reg.
              Provision                 Administrative Services Act, which required                             48208 (Sept.
              (41 U.S.C. 253e)          offerors of commercial items to certify lowest                          18, 1995)
                                        price or justify the difference.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                14.214 (removed
                                                                                                                and reserved);
                                                                                                                15.813--
                                                                                                                15.813-7
                                                                                                                (removed);
                                                                                                                52.215-32;
                                                                                                                52.215-37
                                                                                                                (removed and
                                                                                                                reserved)

1301          Research Projects         Technical amendments to the research and                                                                                   Technical change.
                                        development project guidelines for DOD.

1401          Protest Defined           Defines "protest" to include the written           60 Fed. Reg.         60 Fed. Reg.
                                        objection to a solicitation, cancellation of a     40737 (Aug. 10,      48224 (Sept.
(see 1438)                              solicitation, award or proposed award, and         1995)                18, 1995)
                                        termination or cancellation of an award if
                                        improprieties are alleged.                         GAO Bid Protest      FAR,
                                                                                           Regulations,         48 C.F.R.
                                                                                           4 C.F.R. Part        33.101
                                                                                           21

1402          Review of Protests and    Changes working days to calendar days in           60 Fed. Reg.         60 Fed. Reg.
              Effect on Contracts       Comptroller General bid protest statutory          40737 (Aug. 10,      48224 (Sept.
              Pending Decision          provisions. Allows contracting officers to         1995)                18, 1995)
                                        withhold authorization to proceed with contract
                                        performance when a bid protest is likely and       GAO Bid Protest      FAR,
                                        immediate performance would not be in the best     Regulations,         48 C.F.R.
                                        interests of the United States.                    4 C.F.R. Part        33.102; 33.104;
                                                                                           21                   52.233-3

1403          Decisions on Protests     Changes working days to calendar days in bid       60 Fed. Reg.         60 Fed. Reg.
                                        protest provisions. Requires new protest grounds   40737 (Aug. 10,      48224 (Sept.
(see 1435)                              to be resolved during initial time period of       1995)                18, 1995);
                                        decision to the maximum extent practicable.                             60 Fed. Reg.
                                        Authorizes Comptroller General recommendations,    GAO Bid Protest      48274
                                        rather than directives, to agencies on payment of  Regulations,         (Sept. 18,
                                        fees and costs. Authorizes capped payments of      4 C.F.R. Part        1995)
                                        expert witness, consultant, and attorney fees.     21
                                        (Small business concerns are excepted from                              FAR,
                                        capping.)                                                               48 C.F.R.
                                                                                                                33.104; 52.233-
                                                                                                                3

1404          Regulations               Authorizes the Comptroller General to establish    60 Fed. Reg.         60 Fed. Reg.
                                        procedures for electronic filing and               40737 (Aug. 10,      48224 (Sept.
(see 1437)                              dissemination and clarifies the computation of     1995)                18, 1995)
                                        deadlines.
                                                                                           GAO Bid Protest      FAR,
                                                                                           Regulations,         48 C.F.R.
                                                                                           4 C.F.R. Part        33.101
                                                                                           21

1431          Revocation of             Authorizes the General Services Administration                                                                             GSA determination
              Delegations of            (GSA) Administrator to revoke a delegation of                                                                              that revision to
              Procurement Authority     procurement authority after award only in cases                                                                            the Federal
                                        involving a violation of law or regulation.                                                                                Information
                                                                                                                                                                   Resources
                                                                                                                                                                   Management
                                                                                                                                                                   Regulation (FIRMR)
                                                                                                                                                                   would not be
                                                                                                                                                                   needed.

1432          Authority of the General  Sets out authority for General Services            60 Fed. Reg.         60 Fed. Reg.
              Services Administration   Administration Board of Contract Appeals (GSBCA)   17023 (Apr. 4,       48224 (Sept.
              Board of Contract         review of contracting officer decisions alleged    1995)                18, 1995)
              Appeals                   to have violated a statute, regulation, or
                                        condition of any procurement authority             GSBCA Rules,         FAR,
                                        delegation.                                        48 C.F.R. Part       48 C.F.R.
                                                                                           6101                 33.105

1433          Periods for Certain       Conforms GSBCA and Comptroller General time        60 Fed. Reg.         60 Fed. Reg.
              Actions                   schedules related to suspension hearings.          17023 (Apr. 4,       48224 (Sept.
                                        Substitutes calendar days for working days and     1995)                18, 1995)
                                        requires new protest grounds to be resolved
                                        within original protest time frame to maximum      GSBCA Rules,         FAR,
                                        extent practicable. Allows procurement process to  48 C.F.R. Part       48 C.F.R.
                                        continue during protest if in best interests of    6101                 33.105
                                        the United States.

1434          Dismissals of Protests    Authorizes GSBCA to dismiss protests it            60 Fed. Reg.
                                        determines are frivolous, have been brought in     17023 (Apr. 4,
                                        bad faith, or do not state a valid basis for       1995)
                                        protest.
                                                                                           GSBCA Rules,
                                                                                           48 C.F.R. Part
                                                                                           6101.28

1435          Award of Costs            Authorizes payment of consultant and expert        60 Fed. Reg.         60 Fed. Reg.
                                        witness fees, as well as attorneys fees at capped  17023 (Apr. 4,       48224 (Sept.
(see 1403)                              levels in protests before the GSBCA. (Small        1995)                18, 1995);
                                        business concerns are excepted from capping.)                           60 Fed. Reg.
                                                                                           GSBCA Rules,         48274
                                                                                           48 C.F.R. Part       (Sept. 18,
                                                                                           6101                 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                33.105; 52.233-
                                                                                                                3

1436          Dismissal Agreements      Requires settlement agreements involving protest   60 Fed. Reg.         60 Fed. Reg.
                                        dismissal and direct or indirect expenditure of    17023 (Apr. 4,       48224 (Sept.
                                        appropriated funds to be publicly disclosed.       1995)                18, 1995)
                                        Authorizes payments resulting from such
                                        agreements to be made from the judgment fund, as   GSBCA Rules,         FAR,
                                        appropriated in 31 U.S.C. 1304. The federal        48 C.F.R. Part       48 C.F.R.
                                        agency concerned has to reimburse that account.    6101                 33.105

1437          Matters to be Covered in  Authorizes GSBCA to establish procedures for       60 Fed. Reg.         60 Fed. Reg.
              Regulations               electronic filing and dissemination and clarifies  17023 (Apr. 4,       48224 (Sept.
(see 1404)                              computation of deadlines. GSBCA procedures must    1995)                18, 1995)
                                        allow for imposition of appropriate sanctions,
                                        including dismissal, for frivolous and bad faith   GSBCA Rules,         FAR,
                                        protests, as well as willful abuse of GSBCA's      48 C.F.R. Part       48 C.F.R.
                                        process.                                           6101                 33.101

1438          Definition of Protest     Defines "protest" to include the written           60 Fed. Reg.         60 Fed. Reg.
                                        objection to a solicitation, cancellation of a     17023 (Apr. 4,       48224 (Sept.
(see 1401)                              solicitation, award or proposed award, and         1995)                18, 1995)
                                        termination or cancellation of an award if
                                        improprieties are alleged.                         GSBCA Rules,         FAR,
                                                                                           48 C.F.R. Part       48 C.F.R.
                                                                                           6101                 33.101

1439          Oversight of Acquisition  Requires GSA to collect and compile data                                                                  Was to be
              of                        regarding the procurement of automatic data                                                               implemented in
              Automatic Data            processing equipment.                                                                                     GSA's FIRMR.
              Processing                                                                                                                          However,
              Equipment by Federal                                                                                                                section 5101 of
              Agencies                                                                                                                            Public Law 104-
                                                                                                                                                  106 repealed
                                                                                                                                                  GSA's oversight
                                                                                                                                                  authority.

1501          Repeal of Policy          Repeals superseded provision of law stating        60 Fed. Reg.
              Statement                 congressional defense procurement policy.          37777
                                                                                           (July 21,
                                                                                           1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           7.102; 11.002;
                                                                                           19.000; 41.103

1502          Definitions               Cross-references definitions applicable to                                                                60 Fed. Reg.
                                        acquisitions of DOD, NASA, and the U.S. Coast                                                             34741 (July 3,
(see 1551)                              Guard to definitions found in section 4 of the                                                            1995) (Interim
                                        OFPP Act (41 U.S.C. 403).                                                                                 rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101

1503          Delegation of             Consolidates provisions related to the assignment                       60 Fed. Reg.                      See also DOD
              Procurement Functions     and delegation of procurement functions within                          49720 (Sept.                      policies and
(see 1552)                              DOD, NASA, and the U.S. Coast Guard. Requires the                       26, 1995)                         procedures for
                                        Secretary of Defense to prescribe regulations                                                             initiating and
                                        prohibiting military departments participating in                       FAR,                              managing joint
                                        joint acquisition programs approved by the Under                        48 C.F.R. 1.6                     acquisition
                                        Secretary of Defense for Acquisition and                                                                  programs in DOD
                                        Technology from reducing participation in the                                                             Instruction
                                        program without the approval of the Under                                                                 5000.2 (Part
                                        Secretary.                                                                                                12) revised
                                                                                                                                                  Feb. 26, 1993.

1504          Determinations and        Authorizes agency head to make individual or                                                                               No action
              Decisions                 class determinations and decisions for purchases                                                                           required.\a
(see 1553)                              or contracts relating to multiyear contracting,
                                        contract financing, and records examination
                                        authority.

1505          Restrictions on           Deletes use of "expend" and requires use of                                              60 Fed. Reg.
              Undefinitized             "obligate" when computing dollar limits for                                              40146 (Aug. 7,
              Contractual Actions       undefinitized actions. Authorizes a waiver of                                            1995); 61 Fed.
                                        restrictions to support contingency operations.                                          Reg. 7739 (Feb.
                                                                                                                                 29, 1996)
                                                                                                                                 (Converted to a
                                                                                                                                 final rule.)

                                                                                                                                 DFARS,
                                                                                                                                 48 C.F.R.
                                                                                                                                 216.603-4;
                                                                                                                                 216.703;
                                                                                                                                 217.202;
                                                                                                                                 217.7402;
                                                                                                                                 217.7404-3;
                                                                                                                                 217.7406;
                                                                                                                                 252.217-7027

1506          Repeal of Requirement     Repeals 10 U.S.C. 2329.                                                                                   60 Fed. Reg.
              Relating to Production                                                                                                              40106 (Aug. 7,
              Special Tooling and                                                                                                                 1995) (Interim
              Production Special Test                                                                                                             rule);
              Equipment                                                                                                                           60 Fed. Reg.
                                                                                                                                                  61586 (Nov. 30,
                                                                                                                                                  1995)
                                                                                                                                                  (Converted to a
                                                                                                                                                  final rule
                                                                                                                                                  without
                                                                                                                                                  change.)

                                                                                                                                                  DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  215.871
                                                                                                                                                  (removed and
                                                                                                                                                  reserved)

1507          Regulations for Bids      Authorizes the Secretary of Defense to prescribe                                                                           See FAR Part 14 and
                                        regulations relating to the preparation,                                                                                   DFARS Part 214.
                                        submission, and opening of bids for contracts.

1551          Definitions               Cross-references civilian agency acquisition                                                              60 Fed. Reg.
                                        definitions to definitions found in section 4 of                                                          34741 (July 3,
(see 1502)                              the OFPP Act (41 U.S.C. 403).                                                                             1995) (Interim
                                                                                                                                                  rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101

1552          Delegation of             Consolidates provisions related to the assignment                       60 Fed. Reg.
              Procurement Functions     and delegation of procurement functions within                          49720 (Sept.
(see 1503)                              civilian agencies.                                                      26, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R. 1.6

1553          Determinations and        Authorizes civilian agency head to make                                                                                    No action
              Decisions                 individual or class determinations and decisions                                                                           required.\a
(see 1504)                              for purchases or contracts relating to multiyear
                                        contracting, contract financing, and records
                                        examination authority.

1554          Repeal of Preference for  Repeal of certain provisions of law relating to a                                                                          No action
              Recycled Toner            preference for procurement of recycled toner                                                                               required.\b
              Cartridges                cartridges.

1555          Cooperative Purchasing    Authorizes GSA Administrator to permit state and   60 Fed. Reg.                                           See also GSA's
                                        local governments and certain other entities to    42652 (Aug. 16,                                        Implementation
                                        use GSA federal supply schedule or other           1995)                                                  Plan for
                                        contracts.                                                                                                Section 1555 of
                                                                                           FAR,                                                   the Federal
                                                                                           48 C.F.R.                                              Acquisition
                                                                                           51.101; 51.102                                         Streamlining
                                                                                                                                                  Act of 1994;
                                                                                                                                                  Cooperative
                                                                                                                                                  Purchasing (60
                                                                                                                                                  Fed. Reg.
                                                                                                                                                  17764, Apr. 7,
                                                                                                                                                  1995).

                                                                                                                                                  Section 4309 of
                                                                                                                                                  Public Law 104-
                                                                                                                                                  106 delayed
                                                                                                                                                  implementation.

2001          Contract Financing        Consolidates contract financing provisions and                          60 Fed. Reg.
                                        directs the use of performance-based payments                           49707 (Sept.
(see 2051)                              "whenever practicable." Authorizes payments for                         26, 1995);
                                        commercial items using commercial terms and
                                        conditions when in the best interests of the                            FAR,
                                        United States.                                                          48 C.F.R.
                                                                                                                32.000--
                                                                                                                32.006-5; 32.1;
                                                                                                                32.2; 32.4;
                                                                                                                32.5; 32.10;
                                                                                                                42.3; 52.232-
                                                                                                                29--52.232-32

2002          Repeal of Vouchering      Repeals DOD vouchering requirements in 10 U.S.C.                                                                           DOD determination
              Procedures Section        2355.                                                                                                                      that no revisions
                                                                                                                                                                   to DOD guidance
                                                                                                                                                                   would be needed.

2051          Contract Financing        Consolidates contract financing provisions and                          60 Fed. Reg.
                                        directs the use of performance-based payments                           49707 (Sept.
(see 2001)                              "whenever practicable." Authorizes payments for                         26, 1995);
                                        commercial items using commercial terms and                             60 Fed. Reg.
                                        conditions when in the best interests of the                            49728 (Sept.
                                        United States.                                                          26, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                32.000--
                                                                                                                32.006-5; 32.1;
                                                                                                                32.2; 32.4;
                                                                                                                32.5; 32.10;
                                                                                                                42.3; 52.232-
                                                                                                                29--52.232-32

2091          Government-wide           Directs FAR Council to modify the FAR to apply                          60 Fed. Reg.
              Application of Payment    governmentwide payment protections previously                           48272 (Sept.
              Protections for           applicable only to DOD contracts.                                       18, 1995)
              Subcontractors and
              Suppliers                                                                                         FAR,
                                                                                                                48 C.F.R.
                                                                                                                28.106-4;
                                                                                                                28.106-6;
                                                                                                                32.112-1;
                                                                                                                32.112-2;
                                                                                                                52.228-12

2101          Allowable Contract Costs  Applies contract cost principles to DOD, NASA,     60 Fed. Reg.
                                        and U.S. Coast Guard contracts over $500,000       42657 (Aug. 16,
(see 2151)                              (periodically adjusted for inflation). Exempts     1995);
                                        firm fixed-price contracts for commercial items    60 Fed. Reg.
                                        from provision. Adds costs of lobbying local       42659 (Aug. 16,
                                        governmental bodies to current prohibition on      1995);
                                        reimbursement of costs of lobbying state and       60 Fed. Reg.
                                        federal bodies.                                    42663 (Aug. 16,
                                                                                           1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           31.110; 31.205-
                                                                                           1; 31.205-6;
                                                                                           31.205-22;
                                                                                           31.205-43;
                                                                                           31.603; 31.703;
                                                                                           37.113--
                                                                                           37.113-2;
                                                                                           42.703-2;
                                                                                           42.705-1;
                                                                                           42.709--
                                                                                           42.709-6;
                                                                                           52.237-8;
                                                                                           52.237-9;
                                                                                           52.242-3;
                                                                                           52.242-4

2102          Repeal of Authority for   Repeals statutory authority providing standby                                                                              No action
              Contract Profit Controls  profit controls on defense contracts during war                                                                            required.\c
              During Emergency Periods  or national emergency.

2151          Allowable Contract Costs  Establishes contract cost principles for civilian  60 Fed. Reg.
                                        agencies. Principles are substantially the same    42657 (Aug. 16,
(see 2101)                              as those applicable to DOD, NASA, and the U.S.     1995);
                                        Coast Guard.                                       60 Fed. Reg.
                                                                                           42659 (Aug. 16,
                                                                                           1995);
                                                                                           60 Fed. Reg.
                                                                                           42663 (Aug. 16,
                                                                                           1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           31.110; 31.205-
                                                                                           1; 31.205-6;
                                                                                           31.205-22;
                                                                                           31.205-43;
                                                                                           31.603; 31.703;
                                                                                           37.113--
                                                                                           37.113-2;
                                                                                           42.703-2;
                                                                                           42.705-1;
                                                                                           42.709--
                                                                                           42.709-6;
                                                                                           52.237-8;
                                                                                           52.237-9;
                                                                                           52.242-3;
                                                                                           52.242-4

2191          Travel Expenses of        Repeals section 24 of the OFPP Act (41 U.S.C.                                                                              The FAR Council
              Government Contractors    420), which generally limited recovery of                                                                                  maintained the
                                        contractor travel expenses to maximum per diem                                                                             existing regulation
                                        rates authorized for government employees.                                                                                 while it considered
                                                                                                                                                                   alternative
                                                                                                                                                                   proposed rules.

2192          Revisions of Cost         Directs that the FAR be revised to prohibit        60 Fed. Reg.
              Principle Relating to     reimbursement of entertainment costs and that the  42662 (Aug. 16,
              Entertainment, Gift, and  FAR set out the specific instances in which gifts  1995)
              Recreation Costs for      and employee morale expenses are permissible.
              Contractor Employees                                                         FAR,
                                                                                           48 C.F.R.
                                                                                           31.205-13;
                                                                                           31.205-14

2201          Consolidation and         Consolidates audit provision, including a          60 Fed. Reg.                                           60 Fed. Reg.
              Revision of Authority     prohibition on a preaward audit related to         42649 (Aug. 16,                                        54326 (Oct. 23,
(see 2251)    to Examine Records of     indirect costs in cases where a contracting        1995)                                                  1995) (Proposed
              Contractors               officer determines that audit objectives can be                                                           rule)
                                        met with another federal agency audit not more     FAR,
                                        than 1 year old. Permits contractors to store      48 C.F.R.                                              DFARS,
                                        records electronically or photographically.        1.106; 4.702;                                          48 C.F.R.
                                        Requires that GAO records access authority not     4.703; 4.706                                           215.872
                                        include any requirement for the special creation   (removed and                                           (removed and
                                        or maintenance of records.                         reserved);                                             reserved);
                                                                                           4.706-1--                                              215.872-1--
                                                                                           4.706-3                                                215.872-4
                                                                                           (removed);                                             (removed); 48
                                                                                           15.106-1;                                              C.F.R. 252.215-
                                                                                           15.805-5;                                              7000 (removed
                                                                                           25.000; 25.901;                                        and reserved)
                                                                                           50.307; 52.214-
                                                                                           26; 52.215-1
                                                                                           (removed and
                                                                                           reserved);
                                                                                           52.215-2

2251          Authority to Examine      Provides civilian agencies with records            60 Fed. Reg.
              Records of Contractors    examination authority consistent with that of      42649 (Aug. 16,
(see 2201)                              DOD, NASA, and the U.S. Coast Guard.               1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           1.106; 4.702;
                                                                                           4.703; 4.706
                                                                                           (removed and
                                                                                           reserved);
                                                                                           4.706-1--
                                                                                           4.706-3
                                                                                           (removed);
                                                                                           15.106-1;
                                                                                           15.805-5;
                                                                                           25.000; 25.901;
                                                                                           50.307; 52.214-
                                                                                           26; 52.215-1
                                                                                           (removed and
                                                                                           reserved);
                                                                                           52.215-2

2301          Certification of          Sets out certification requirements for equitable                       60 Fed. Reg.                      60 Fed. Reg.
              Contract Claims           adjustment requests exceeding the simplified                            48224 (Sept.                      56972 (Nov. 13,
                                        acquisition threshold. Restricts legislative                            18, 1995)                         1995) (Proposed
                                        payment of claims.                                                                                        rule)
                                                                                                                FAR,
                                                                                                                48 C.F.R.                         DFARS,
                                                                                                                50.303-2                          48 C.F.R.
                                                                                                                                                  233.70
                                                                                                                                                  (removed);
                                                                                                                                                  233.205;
                                                                                                                                                  250.102;
                                                                                                                                                  252.233-7000
                                                                                                                                                  (removed)

2302          Shipbuilding Claims       Increases time period during which shipbuilding                                                                            No action
                                        claims, requests for equitable adjustment, or                                                                              required.\c
                                        demands for payment may be made from 18 months to
                                        6 years.

2351          Contract Disputes Act     Sets out period for filing contractor claims       60 Fed. Reg.         60 Fed. Reg.
              Improvements              against the government. Increases dollar           17023 (Apr. 4,       48224 (Sept.
                                        threshold related to certain claim certification,  1995)                18, 1995)
                                        decision and notification requirements, as well
                                        as access to accelerated and small claims          GSBCA Rules,         FAR,
                                        procedures.                                        48 C.F.R. Part       48 C.F.R.
                                                                                           6101                 33.201; 33.206-
                                                                                                                33.208; 33.211;
                                                                                                                52.233-1

2352          Extension of Alternative  Requires written explanation of rejection of                            60 Fed. Reg.
              Dispute Resolution        request for alternative dispute resolution                              48224 (Sept.
              Authority                 proceedings by contracting officer or contractor                        18, 1995)
                                        when other party has proposed use of proceedings.
                                        Extends statutory alternative dispute resolution                        FAR,
                                        authority until Oct. 1, 1999.                                           48 C.F.R.
                                                                                                                33.201; 33.214;
                                                                                                                52.233-1

2353          Expedited Resolution of   Requires contracting officers to make a                                 60 Fed. Reg.
              Contract Administration   reasonable effort to respond in 30 days to a                            48224 (Sept.
              Matters                   written request related to a contract                                   18, 1995)
                                        administration matter received from a small
                                        business concern. Does not create rights under                          FAR,
                                        the Contract Disputes Act.                                              48 C.F.R.
                                                                                                                42.1601

2354          Authority for District    Authorizes a district court to request advisory                                                                            Boards of contract
              Courts to Obtain          opinions from boards of contract appeals on                                                                                appeals will handle
              Advisory Opinions from    issues that could be the proper subject of a                                                                               requests case by
              Boards of Contract        final decision of a contracting officer                                                                                    case.
              Appeals in Certain Cases  appealable under the Contract Disputes Act.
                                        Requires that advisory opinions be provided in a
                                        "timely manner."

2401          Clarification of          Establishes that qualification requirements will                                         60 Fed. Reg.
              Provision Relating to     be those used to qualify original production                                             40146 (Aug. 7,
              Quality Control of        parts unless the Secretary of Defense determines                                         1995)
              Certain Spare Parts       in writing that similar requirements may be used
                                        or that the original requirements are                                                    DFARS,
                                        unnecessary.                                                                             48 C.F.R.
                                                                                                                                 209.206-70

2402          Contractor Guarantees     Requires DOD to establish reasonable and cost-                                           60 Fed. Reg.
              Regarding Weapon Systems  effective guidelines for negotiating weapon                                              40146 (Aug. 7,
                                        system guarantees and guidelines for waivers.                                            1995)
                                        Eliminates report to Congress on waivers.
                                                                                                                                 61 Fed. Reg.
                                                                                                                                 7739 (Feb. 29,
                                                                                                                                 1996)
                                                                                                                                 (Converted to a
                                                                                                                                 final rule.)

                                                                                                                                 DFARS,
                                                                                                                                 48 C.F.R.
                                                                                                                                 246.770-2;
                                                                                                                                 246.770-8

2451          Section 3737 of the       Continues authorities for contractors to assign                         60 Fed. Reg.
              Revised Statutes:         payments of $1,000 or more to financial                                 49729 (Sept.
              Expansion of Authority    institutions. Authorizes President to determine                         26, 1995)
              to Prohibit Setoffs       that payments to assignees shall not be subject
              Against Assignees;        to reductions or setoffs.                                               FAR,
              Reorganization of                                                                                 48 C.F.R. 32.8
              Section; Revision of
              Obsolete Provisions

2452          Repeal of Requirement     Repeals section 3743 of the Revised Statutes                                                                               Technical change.
              for Deposit of Contracts  (41 U.S.C. 20).
              With GAO

2453          Repeal of Obsolete        Amends section 26 of the OFPP Act (41 U.S.C.                                                                               Technical change.
              Deadline Regarding        422).
              Procedural Regulations
              for the Cost Accounting
              Standards Board

2454          Codification of           Requires the Director of the Office of Management                       60 Fed. Reg.                      See also
              Accounting Requirement    and Budget (OMB) to establish funding for                               49720 (Sept.                      requirements
              for                       advisory and assistance services as a separate                          26, 1995)                         for preparation
              Contracted Advisory and   object class in budgets submitted to Congress.                                                            of the 1997
              Assistance Services       Defines "advisory and assistance services."                             FAR,                              budget
                                                                                                                48 C.F.R. 37.2                    published in
                                                                                                                                                  OMB Circular A-
                                                                                                                                                  11, dated June
                                                                                                                                                  6, 1995.

2455          Uniform Suspension and    Provides for the reciprocal governmentwide effect  60 Fed. Reg.
              Debarment                 of all agency suspension and debarment actions.    33064 (June 26,
                                        Authorizes exceptions on a limited basis.          1995)

                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           9.401; 9.403

3001          Weapon Development and    Restructures provisions related to weapon                                                                                  Requirements for
              Procurement Schedules     development and procurement schedules.                                                                                     preparation of
                                                                                                                                                                   DOD's 1996/1997
                                                                                                                                                                   budget issued by
                                                                                                                                                                   Deputy Comptroller
                                                                                                                                                                   (Program/Budget)
                                                                                                                                                                   memorandum, dated
                                                                                                                                                                   Jan. 5, 1995.

3002          Selected Acquisition      Reorganizes requirements related to selected                                                                               Revisions to DOD
              Report Requirement        acquisition reports.                                                                                                       guidance on
                                                                                                                                                                   preparation of 1996
                                                                                                                                                                   selected
                                                                                                                                                                   acquisition reports
                                                                                                                                                                   in DOD Manual
                                                                                                                                                                   5000.2-M (Part 17)
                                                                                                                                                                   issued by Director,
                                                                                                                                                                   Acquisition Program
                                                                                                                                                                   Integration,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Jan. 3, 1995.

3003          Unit Cost Report          Reorganizes requirements related to unit cost                                                                              Supplementary DOD
              Requirement               reports.                                                                                                                   guidance on
                                                                                                                                                                   preparation of unit
                                                                                                                                                                   cost reports issued
                                                                                                                                                                   by Director,
                                                                                                                                                                   Acquisition Program
                                                                                                                                                                   Integration,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Feb. 3, 1995.

3004          Requirement for           Requires the Secretary of Defense to prescribe                                                                             DOD determination
              Independent Cost          regulations governing the content and submission                                                                           that requirements
              Estimate and Manpower     of life-cycle costs and manpower estimates                                                                                 were already
              Estimate Before           related to major defense acquisition programs.                                                                             contained in DOD
              Development or                                                                                                                                       Directives 5000.1
              Production                                                                                                                                           and 5000.4 and DOD
                                                                                                                                                                   Instruction 5000.2.

3005          Baseline Description      Eliminates prescriptive requirements and                                                                                   Revisions to DOD
                                        substitutes general guidance for establishing                                                                              guidance on
                                        baseline descriptions. Eliminates statutory                                                                                acquisition program
                                        procedures for deviation reporting. Requires the                                                                           baseline
                                        Secretary of Defense to prescribe regulations                                                                              requirements issued
                                        governing such procedures.                                                                                                 by Under Secretary
                                                                                                                                                                   of Defense,
                                                                                                                                                                   Acquisition and
                                                                                                                                                                   Technology,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Sept. 27, 1995.

3006          Repeal of Requirement     Repeals 10 U.S.C. 2438.                            60 Fed. Reg.                                           Revisions to
              for Competitive                                                              29491 (June 5,                                         DOD Instruction
              Prototyping for Major                                                        1995)                                                  5000.2, DOD
              Programs                                                                                                                            5000.2-M, and
                                                                                           DFARS,                                                 DFARS 207.105,
                                                                                           48 C.F.R.                                              to reflect
                                                                                           207.105                                                repeal, were
                                                                                                                                                  directed by
                                                                                                                                                  Under Secretary
                                                                                                                                                  of Defense,
                                                                                                                                                  Acquisition and
                                                                                                                                                  Technology,
                                                                                                                                                  memorandum
                                                                                                                                                  dated May 4,
                                                                                                                                                  1995.

3007          Repeal of Requirement     Repeals 10 U.S.C. 2439.                                                                                                    Revisions to DOD
              for Competitive                                                                                                                                      Instruction 5000.2
(see 3006)    Alternative Sources for                                                                                                                              and DOD 5000.2-M,
              Major Programs                                                                                                                                       to reflect repeal,
                                                                                                                                                                   were directed by
                                                                                                                                                                   Under Secretary of
                                                                                                                                                                   Defense,
                                                                                                                                                                   Acquisition and
                                                                                                                                                                   Technology,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   May 4, 1995.

3011          Authority of Director of  Allows communication of views by the Director of                                                                           DOD determination
              Operational Test and      Operational Test and Evaluation without the                                                                                that no revisions
              Evaluation to             approval or concurrence of any other official                                                                              to DOD guidance
              Communicate Views         within DOD.                                                                                                                were needed.
              Directly to Secretary of
              Defense

3012          Responsibility of         Transfers responsibility for monitoring and                                                                                Transfer of live
              Director                  reviewing DOD's live fire testing activities to                                                                            fire test program
              of Operational Test and   the Director of Operational Test and Evaluation                                                                            resources by Deputy
              Evaluation for Live Fire  and requires inclusion of these activities in the                                                                          Secretary of
              Testing                   Director's annual report.                                                                                                  Defense approval of
                                                                                                                                                                   action memorandum
                                                                                                                                                                   of Director of
                                                                                                                                                                   Operational Test
                                                                                                                                                                   and Evaluation,
                                                                                                                                                                   dated
                                                                                                                                                                   Jan. 3, 1995.

3013          Requirement for           Requires submission of unclassified as well as                                                                             DOD determination
              Unclassified Version of   classified version of annual reports submitted to                                                                          that no revisions
              Annual Report on          Congress on operational test and evaluation.                                                                               to DOD guidance
              Operational Test and                                                                                                                                 were needed.
              Evaluation

3014          Survivability and         Authorizes the Secretary of Defense to waive                                                                               Revisions to DOD
              Lethality Testing         survivability and lethality tests before full-                                                                             guidance on
                                        scale production of major systems and munitions                                                                            survivability and
                                        programs, if the Secretary of Defense certifies                                                                            lethality testing
                                        to Congress that the testing would be                                                                                      issued by Deputy
                                        unreasonably expensive or impractical.                                                                                     Secretary of
                                                                                                                                                                   Defense memorandum
                                                                                                                                                                   dated
                                                                                                                                                                   June 26, 1995.

3015          Limitation on Quantities  Generally restricts low-rate initial production                                                                            Revisions to DOD
              to Be Procured for Low-   quantities to 10 percent of the total number to                                                                            guidance on
              Rate Initial Production   be produced as determined at milestone II, unless                                                                          quantities to be
                                        the Secretary of Defense explains why a greater                                                                            procured for low-
                                        quantity is necessary.                                                                                                     rate initial
                                                                                                                                                                   production issued
                                                                                                                                                                   by Under Secretary
                                                                                                                                                                   of Defense,
                                                                                                                                                                   Acquisition and
                                                                                                                                                                   Technology,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Apr. 14, 1995.

3021          Gratuitous Services of    Authorizes the Secretary of Defense to accept the                                                                          DOD determination
              Officers of Certain       gratuitous services of officers of certain                                                                                 that no revisions
              Reserve Components        reserve components to consult on matters relating                                                                          to DOD guidance
                                        to the armed forces.                                                                                                       would be needed.

3022          Authority to Rent         Adds clarifying language related to DOD authority                                                                          Revisions to DOD
              Samples, Drawings, and    to sell and rent manufacturing information,                                                                                guidance being
              Other Information to      equipment, materials, and services.                                                                                        developed.
              Others

3023          Repeal of Application of  Repeals application of the Walsh-Healey Act to                                                                             No action
              Public Contracts Act to   naval vessel construction contracts.                                                                                       required.\c
              Certain Naval Vessel
              Contracts

3024          Repeal of Requirement     Repeals statutory requirements mandating                                                                                   No action
              for Construction of       construction of certain naval vessels on the                                                                               required.\c
              Vessels on Pacific Coast  Pacific Coast.

3025          Scientific Investigation  Repeals statutory provision related to the                                                                                 DOD determination
              and Research for the      authority of the Secretary of the Navy to make                                                                             that no revisions
              Navy                      expenditures for scientific investigations and                                                                             to DOD guidance
                                        research.                                                                                                                  would be needed.

3031          Definitions               Sets out various definitional changes to                                                                  60 Fed. Reg.
                                        statutory provisions governing the Civil Reserve                                                          56972 (Nov. 13,
                                        Air Fleet.                                                                                                1995) (Proposed
                                                                                                                                                  rule)

                                                                                                                                                  DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  247.70

3032          Consolidation of          Sets out various streamlining changes to                                                                  60 Fed. Reg.
              Provisions Relating to    statutory provisions governing the Civil Reserve                                                          56972 (Nov. 13,
              Contractual Commitment    Air Fleet.                                                                                                1995) (Proposed
              of                                                                                                                                  rule)
              Aircraft
                                                                                                                                                  DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  247.70

3033          Use of Military           Authorizes the Secretary of the Air Force to                                                              60 Fed. Reg.
              Installations by          allow use of military installations by Civil                                                              56972 (Nov. 13,
              Contractors               Reserve Air Fleet contractors. Payments collected                                                         1995) (Proposed
                                        from such contractors must be credited to the                                                             rule)
                                        appropriation of the armed forces with
                                        jurisdiction over the military installation.                                                              DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  247.70

                                                                                                                                                  See also DOD
                                                                                                                                                  Instruction
                                                                                                                                                  4500.55 on
                                                                                                                                                  Civil Reserve
                                                                                                                                                  Air Fleet
                                                                                                                                                  (CRAF) Carrier
                                                                                                                                                  Commercial
                                                                                                                                                  Access to
                                                                                                                                                  Military
                                                                                                                                                  Installations
                                                                                                                                                  for Non-DOD
                                                                                                                                                  Operations,
                                                                                                                                                  dated Oct. 25,
                                                                                                                                                  1995.

3061          Regulations on            Authorizes the Secretary of Defense to prescribe                                                                           Technical change.
              Procurement, Production,  regulations governing the performance of
              Warehousing, and Supply   procurement, production, warehousing and supply
              Distribution Functions    distribution, and related functions.

3062          Repeal of Requirements    Repeals statutory provisions related to the                                                                                DOD determination
              Regarding Product         supervision and coordination of product                                                                                    that no revisions
              Evaluation Activities     evaluation activities within DOD.                                                                                          to DOD guidance
                                                                                                                                                                   would be needed.

3063          Department of Defense     Updates legal terminology in area of intellectual                                                                          See DFARS Part
              Acquisition of            property. Authorizes use of military department                                                                            227.\c
              Intellectual Property     funds to acquire releases for the unauthorized
              Rights                    use of technical data or computer software.
                                        Allows settlement of patent infringement matters
                                        before claimant suits are brought.

3064          Liquid Fuels and Natural  Changes wording in statutory provision governing                                                                           Technical change.
              Gas: Contracts for        contracts for storage, handling, or distribution
              Storage, Handling, or     of liquid fuels or natural gas.
              Distribution

3065          Codification and          Codifies limits on leases of vessels, aircraft,                                                           60 Fed. Reg.
              Revision                  and vehicles by the Secretary of Defense or the                                                           40106 (Aug. 7,
              of Limitation on Lease    secretary of a military department. The Secretary                                                         1995) (Interim
              of Vessels, Aircraft,     of Defense must make a written determination if                                                           rule);
              and Vehicles              the contract length is 18 months or more.                                                                 60 Fed. Reg.
                                                                                                                                                  61586
                                                                                                                                                  (Nov. 30, 1995)
                                                                                                                                                  (Converted to a
                                                                                                                                                  final rule
                                                                                                                                                  without
                                                                                                                                                  change.)

                                                                                                                                                  DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  207.470

3066          Soft Drink Supplies       Allows the federal government to purchase soft                                                            60 Fed. Reg.
                                        drinks manufactured in the United States from                                                             40106 (Aug. 7,
                                        military exchange stores located outside the                                                              1995) (Interim
                                        country, provided the soft drinks will be used                                                            rule);
                                        outside the United States.                                                                                60 Fed. Reg.
                                                                                                                                                  61586 (Nov. 30,
                                                                                                                                                  1995)
                                                                                                                                                  (Converted to a
                                                                                                                                                  final rule
                                                                                                                                                  without
                                                                                                                                                  change.)

                                                                                                                                                  DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  206.302-5

3067          Disbursement of Funds of  Clarifies statutory provision related to the                                                                               DOD determination
              Military Department to    designation of DOD disbursing officers.                                                                                    that no changes to
              Cover Obligations of                                                                                                                                 previous
              Another Agency of                                                                                                                                    implementation of
              Department of Defense                                                                                                                                the provision would
                                                                                                                                                                   be needed.

4001          Simplified Acquisition    Establishes simplified acquisition threshold of                                                           60 Fed. Reg.
              Threshold Defined         $100,000 in the OFPP Act.                                                                                 34741 (July 3,
(see 4003)                                                                                                                                        1995) (Interim
                                                                                                                                                  rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101

4002          Establishment of          Applies OFPP Act simplified acquisition threshold                                                         60 Fed. Reg.
              Simplified Acquisition    definition to DOD, NASA, and the U.S. Coast                                                               34741 (July 3,
(see 4003)    Threshold for Armed       Guard.                                                                                                    1995) (Interim
              Services                                                                                                                            rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101

4003          Establishment of          Applies OFPP Act simplified acquisition threshold                                                         60 Fed. Reg.
              Simplified Acquisition    definition to civilian agencies.                                                                          34741 (July 3,
(see 4001-    Threshold for Civilian                                                                                                              1995) (Interim
4002)         Agencies                                                                                                                            rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101

4004          Small Business            Reserves procurements above $2,500 and not                                                                60 Fed. Reg.
              Reservation               greater than $100,000 for small businesses,                                                               34741 (July 3,
                                        unless the contracting officer is unable to                                                               1995) (Interim
                                        obtain offers from two or more small business                                                             rule)
                                        concerns competitive with market price, quality,
                                        and delivery.                                                                                             FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  19.502-2

4101          List of Inapplicable      Requires that the FAR contain a list of laws that                                                         60 Fed. Reg.
              Laws                      are inapplicable to contracts or subcontracts not                                                         34741 (July 3,
              in Federal Acquisition    greater than the simplified acquisition                                                                   1995) (Interim
              Regulation                threshold. Provides that future laws relating to                                                          rule)
                                        procurements will be included on the list unless
                                        (1) the FAR Council specifically excludes them,                                                           FAR,
                                        (2) laws' terms exclude them, or (3) laws provide                                                         48 C.F.R.
                                        for civil or criminal penalties.                                                                          13.110

4102          Armed Services            Cross-references FAR listing of statutes under     60 Fed. Reg.                                           60 Fed. Reg.
              Acquisitions              section 4101 to DOD, NASA, and U.S. Coast Guard    42649 (Aug. 16,                                        34741 (July 3,
(see 4104)                              acquisitions. Lists laws directly inapplicable to  1995)                                                  1995) (Interim
                                        acquisitions not greater than the simplified                                                              rule)
                                        acquisition threshold.                             FAR,
                                                                                           48 C.F.R.                                              FAR,
                                                                                           14.201-                                                48 C.F.R.
                                                                                           7;15.106-1                                             13.110

4103          Civilian Agency           Cross-references FAR listing of statutes under     60 Fed. Reg.                                           60 Fed. Reg.
              Acquisitions              section 4101 to civilian agency acquisitions.      42649 (Aug. 16,                                        34741
(see 4104)                              Lists laws directly inapplicable to acquisitions   1995)                                                  (July 3, 1995)
                                        not greater than the simplified acquisition                                                               (Interim rule)
                                        threshold.                                         FAR,
                                                                                           48 C.F.R.                                              FAR,
                                                                                           14.201-7;                                              48 C.F.R.
                                                                                           15.106-1                                               13.110

4104 (except  Acquisitions Generally    Lists laws directly inapplicable to acquisitions                                                          60 Fed. Reg.
(b)(2))                                 not greater than the simplified acquisition                                                               34741 (July 3,
                                        threshold.                                                                                                1995) (Interim
(see 4102-                                                                                                                                        rule)
4103)
                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.110

4104(b)(2)    Alternatives to Payment   Requires inclusion in the FAR of alternatives to                                                          FAR,
              Bonds as Payment          payment bonds for suppliers of labor and                                                                  48 C.F.R. 28.1;
              Protections for           materials under construction contracts between                                                            28.2; 52.228-
              Suppliers                 $25,000 and $100,000. Requires contracting                                                                13
              of Labor and Materials    officers to select from these payment protections                                                         (FAR Case 95-
                                        and specify which are used when soliciting                                                                301).
                                        offers.                                                                                                   Publication of
                                                                                                                                                  an interim rule
                                                                                                                                                  was pending in
                                                                                                                                                  the spring of
                                                                                                                                                  1996, according
                                                                                                                                                  to GSA
                                                                                                                                                  officials.

4201          Simplified Acquisition    Provides for special simplified procedures for                                                            60 Fed. Reg.
              Procedures                acquisitions not greater than the simplified                                                              34741 (July 3,
                                        acquisition threshold. Prohibits division of                                                              1995) (Interim
                                        requirements and promotes competition. Ties use                                                           rule)
                                        of simplified procedures to achievement of
                                        various levels of Federal Acquisition Computer                                                            FAR,
                                        Network (FACNET) capability over time. Requires                                                           48 C.F.R.
                                        executive agencies to provide potential offerors                                                          5.202; 5.203;
                                        reasonable opportunity to respond to                                                                      Part 13
                                        solicitations.

4202          Procurement Notice        Requires publication of a notice in the Commerce                                                          60 Fed. Reg.
                                        Business Daily 15 days before solicitation for                                                            34741 (July 3,
                                        procurements over $25,000, if contracting                                                                 1995) (Interim
                                        activity is not FACNET-certified. Sets out that                                                           rule)
                                        deadlines for submission of bids or proposals are
                                        only applicable to contracts greater than the                                                             FAR,
                                        simplified acquisition threshold. Requires notice                                                         48 C.F.R.
                                        to describe award procedure and response time                                                             5.101; 5.202;
                                        period for contracts above $25,000 and below the                                                          5.203; 5.205;
                                        simplified acquisition threshold.                                                                         5.207; 5.301

4203          Implementation of         Provides for implementation of simplified                                                                 60 Fed. Reg.
              Simplified Acquisition    acquisition procedures in DOD, NASA, the U.S.                                                             34741 (July 3,
              Procedures                Coast Guard, and civilian agencies.                                                                       1995) (Interim
                                                                                                                                                  rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R. Part
                                                                                                                                                  13

4301          Procedures for Purchases  Establishes micropurchase threshold at $2,500 and                                                         60 Fed. Reg.
              Below Micro-Purchase      below. Provides that purchases under threshold                                                            64786 (Dec. 15,
              Threshold                 are not subject to Small Business Act reservation                                                         1994) (Interim
                                        requirements or the Buy American Act. Does not                                                            rule)
                                        require the securing of competitive quotations.
                                        Sets out that employees making micropurchases are                                                         FAR,
                                        not considered procurement officers under the                                                             48 C.F.R.
                                        OFPP Act.                                                                                                 1.603-3; 3.104-
                                                                                                                                                  4; 4.800;
                                                                                                                                                  13.101; 13.105;
                                                                                                                                                  13.106; 13.502;
                                                                                                                                                  13.6; 25.100

4401          Armed Services            Sets out conforming amendments for DOD, NASA, and                                                         60 Fed. Reg.
              Acquisitions              U.S. Coast Guard acquisitions concerning the                                                              34741 (July 3,
(see 4402)                              simplified acquisition threshold.                                                                         1995) (Interim
                                                                                                                                                  rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R. 13.1

4402          Civilian Agency           Sets out conforming amendments for civilian        60 Fed. Reg.                                           60 Fed. Reg.
              Acquisitions              agency acquisitions concerning the simplified      42793 (Aug. 17,                                        34741 (July 3,
(see 4401)                              acquisition threshold. Requires GSA regulations    1995)                                                  1995) (Interim
                                        that provide special procedures for leases where                                                          rule)
                                        annual rent is not greater than the simplified     General
                                        acquisition threshold.                             Services                                               FAR,
                                                                                           Administration                                         48 C.F.R. 13.1
                                                                                           Acquisition
                                                                                           Regulation,
                                                                                           48 C.F.R. Part
                                                                                           570

4403          Office of Federal         Sets out conforming amendments to the OFPP Act                                                            60 Fed. Reg.
              Procurement Policy Act    concerning the simplified acquisition threshold.                                                          34741 (July 3,
(see 4201)                                                                                                                                        1995) (Interim
                                                                                                                                                  rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101

4404          Small Business Act        Sets out conforming amendments to the Small                                                               60 Fed. Reg.
                                        Business Act concerning the simplified                                                                    34741 (July 3,
                                        acquisition threshold.                                                                                    1995) (Interim
                                                                                                                                                  rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  13.101; 19.708

5001          Performance Based         Requires the Secretary of Defense to review major                                                                          DOD guidance on
              Management                and nonmajor acquisition programs to assess                                                                                performance-based
(see 5051)                              whether they are achieving, on average, 90                                                                                 management
                                        percent of cost, performance, and schedule goals.                                                                          implementation
                                        Requires the Secretary of Defense to include                                                                               issued by Under
                                        information on achievement of these goals and on                                                                           Secretary of
                                        technology insertion in annual reports to                                                                                  Defense,
                                        Congress. Requires the development of enhanced                                                                             Acquisition and
                                        system of performance incentives.                                                                                          Technology,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Sept. 27, 1995.

                                                                                                                                                                   Logistics
                                                                                                                                                                   Management
                                                                                                                                                                   Institute study
                                                                                                                                                                   identified
                                                                                                                                                                   characteristics of
                                                                                                                                                                   a successful
                                                                                                                                                                   incentive system
                                                                                                                                                                   for program
                                                                                                                                                                   management teams.

5002          Review of Acquisition     Requires the Secretary of Defense to review                                                                                Revisions to DOD
              Program Cycle             regulations to ensure that acquisition program                                                                             guidance on
                                        cycle procedures are focused on achieving goals                                                                            acquisition
                                        consistent with the program baseline descriptions                                                                          oversight and
                                        required under 10 U.S.C. 2435. Repeals superseded                                                                          review process
                                        acquisition program and workforce provisions in                                                                            issued by Under
                                        the 1994 Defense Authorization Act.                                                                                        Secretary of
                                                                                                                                                                   Defense,
                                                                                                                                                                   Acquisition and
                                                                                                                                                                   Technology,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Apr. 28, 1995.

5051          Performance Based         Requires heads of civilian agencies to approve or                                                                          OMB Bulletin No.
              Management                define cost, performance, and schedule goals for                                                                           95-03, Planning and
(see 5001)                              major acquisition programs. Requires that the                                                                              Budgeting for the
                                        OFPP Administrator will include information on                                                                             Acquisition of
                                        achievement of these goals in annual reports to                                                                            Fixed Assets, dated
                                        Congress. Requires developing enhanced system of                                                                           June 27, 1995.
                                        performance incentives.
                                                                                                                                                                   Letter providing
                                                                                                                                                                   status information
                                                                                                                                                                   from Administrator,
                                                                                                                                                                   OFPP, to Chairman
                                                                                                                                                                   of Senate Committee
                                                                                                                                                                   on Governmental
                                                                                                                                                                   Affairs, dated Oct.
                                                                                                                                                                   11, 1995.

                                                                                                                                                                   Other actions to
                                                                                                                                                                   implement this
                                                                                                                                                                   provision are in
                                                                                                                                                                   progress.

5052          Results-Oriented          Requires the OFPP Administrator, in consultation                                                                           Report by
              Acquisition Process       with appropriate federal agency heads, to develop                                                                          Procurement
                                        results-oriented acquisition process guidelines                                                                            Executives' Working
                                        for acquisitions of property and services.                                                                                 Group of
                                                                                                                                                                   President's
                                                                                                                                                                   Management Council
                                                                                                                                                                   Procurement Task
                                                                                                                                                                   Force and guidance
                                                                                                                                                                   regarding
                                                                                                                                                                   procurement
                                                                                                                                                                   performance
                                                                                                                                                                   measures provided
                                                                                                                                                                   to executive
                                                                                                                                                                   departments and
                                                                                                                                                                   agencies by
                                                                                                                                                                   Director, OMB,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   May 7, 1996.

5061          OFPP Test Program for     Authorizes the OFPP Administrator to conduct a                                                            Section 4302 of  In response to
              Executive Agencies        program of no more than six tests of alternative                                                          Public Law 104-  removal of
                                        and innovative procurement procedures and allows                                                          106 removes the  condition on
                                        a waiver of specified laws and regulations. Sets                                                          condition        authority, OFPP
                                        out that no more than one test will be conducted                                                          placed on OFPP   plans to solicit
                                        under this authority at one agency. Makes agency                                                          authority to     recommendations for
                                        participation conditional on certification of                                                             conduct test     tests from federal
                                        full FACNET electronic commerce capability.                                                               programs that a  agencies, according
                                                                                                                                                  federal agency   to an OFPP
                                                                                                                                                  first must       official.
                                                                                                                                                  certify full
                                                                                                                                                  FACNET
                                                                                                                                                  electronic
                                                                                                                                                  commerce
                                                                                                                                                  capability.

5062          NASA Mid-Range            Authorizes the NASA Administrator to test                                                                                  Internet is the
              Procurement Test Program  alternative notice and publication requirements                                                                            only source of NASA
                                        for acquisitions valued at $500,000 or less.                                                                               synopses and
                                        Allows for waiver of procurement regulations with                                                                          solicitations
                                        the approval of the OFPP Administrator.                                                                                    within its Mid-
                                                                                                                                                                   Range program to
                                                                                                                                                                   test a simplified
                                                                                                                                                                   approach to lower
                                                                                                                                                                   dollar value
                                                                                                                                                                   contracts,
                                                                                                                                                                   effective Oct. 1,
                                                                                                                                                                   1995.

5063          Federal Aviation          Authorizes the Secretary of Transportation to                                                                              Test of alternative
              Administration            conduct a test of alternative and innovative                                                                               and innovative
              Acquisition Pilot         procurement procedures for one of the                                                                                      procurement
              Program                   modernization programs under the Airway Capital                                                                            procedures resulted
                                        Investment Plan.                                                                                                           in contract award
                                                                                                                                                                   in
                                                                                                                                                                   August 1995.

5064          Department of Defense     Establishes procedures for using pilot program                                                                             DOD guidance
              Acquisition Pilot         authority under the 1991 Defense Authorization                                                                             implementing
              Programs                  Act for five programs authorized by the 1995                                                                               defense acquisition
                                        National Defense Authorization Act. Allows                                                                                 pilot programs
                                        specified waivers of regulations and laws.                                                                                 issued by Under
                                                                                                                                                                   Secretary of
                                                                                                                                                                   Defense,
                                                                                                                                                                   Acquisition and
                                                                                                                                                                   Technology,
                                                                                                                                                                   memorandum dated
                                                                                                                                                                   Dec. 15, 1994.

5091          Vendor and Employee       Authorizes the OFPP Administrator to establish                                                                             Implementation of
              Excellence Awards         awards for vendor and employee excellence.                                                                                 excellence awards
                                                                                                                                                                   is being planned,
                                                                                                                                                                   according to an
                                                                                                                                                                   OFPP official.

5092          Waiting Period for        Requires increased standard waiting period before                                                                          In 1991, defense
              Significant Changes       the effective date of significant proposed                                                                                 and civilian
              Proposed for Acquisition  changes to acquisition regulations from 30 days                                                                            regulatory councils
              Regulations               to 60 days.                                                                                                                adopted 60-day
                                                                                                                                                                   waiting periods
                                                                                                                                                                   before revisions to
                                                                                                                                                                   the FAR are
                                                                                                                                                                   effective.

5093          Sense of Congress on      Sets out sense of Congress that the FAR Council                                                                            No action
              Negotiated Rulemaking     should consider using negotiated rule-making                                                                               required.\b
                                        procedures in the prescription of acquisition
                                        regulations.

6001          Post-Employment Rules     Repeals 3-year restriction on payment to retired   60 Fed. Reg.
                                        regular officers. Suspends 2-year restrictions on  20029 (Apr. 24,
                                        retired military officers through                  1995)
                                        December 31, 1996.
                                                                                           Standards of
                                                                                           Conduct and
                                                                                           Joint Ethics
                                                                                           Regulation,
                                                                                           32 C.F.R. 84.33

6002          Contracting Functions     Restricts the use of consultants to carry out                           60 Fed. Reg.
              Performed by Federal      evaluations or analyses of acquisition proposals                        49720 (Sept.
              Personnel                 when qualified federal personnel are available to                       26, 1995)
                                        carry out this function.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                7.103; 37.2

6003          Repeal of Executed        Repeals statutory requirement for study already                                                                            Technical change.
              Requirement for Study     executed by OFPP Administrator on extent of
              and Report                competition in award of subcontracts by federal
                                        prime contractors.

6004          Interests of Members of   Repeals requirement that "every contract or        60 Fed. Reg.
              Congress                  agreement" express condition that certain          37773
                                        officials shall not benefit from that contract or  (July 21,
                                        agreement.                                         1995)

                                                                                           FAR,
                                                                                           48 C.F.R. 3.102
                                                                                           (removed and
                                                                                           reserved);
                                                                                           3.102-1--
                                                                                           3.102-2
                                                                                           (removed);
                                                                                           49.603-1;
                                                                                           49.603-2;
                                                                                           49.603-3;
                                                                                           49.603-4;
                                                                                           52.203-1
                                                                                           (removed and
                                                                                           reserved)

6005          Whistleblower             Combines two existing whistleblower provisions of  60 Fed. Reg.
              Protections for           DOD, NASA, and the U.S. Coast Guard to provide     37774
(see 6006)    Contractor Employees      protection to contractor employees.                (July 21,
              of Department of                                                             1995)
              Defense, Coast Guard,
              and National Aeronautics                                                     FAR,
              and Space Administration                                                     48 C.F.R. 3.9

6006          Whistleblower             Provides the same whistleblower protection for     60 Fed. Reg.
              Protections for           employees of civilian agency contractors that is   37774
(see 6005)    Contractor Employees      provided for contractor employees of DOD, NASA,    (July 21,
              of Civilian Agencies      and the U.S. Coast Guard.                          1995)

                                                                                           FAR,
                                                                                           48 C.F.R. 3.9

6007          Comptroller General       Requires Comptroller General to review the                                                                                 GAO issued
              Review of the             independence of the legal services being provided                                                                          Inspectors General:
              Provision of Legal        to inspectors general appointed under the                                                                                  Independence of
              Advice                    Inspector General Act of 1978 and to report on                                                                             Legal Services
              for Inspectors General    the results of the review to Congress.                                                                                     Provided to IGs
                                                                                                                                                                   (GAO/OGC-95-15,
                                                                                                                                                                   Mar. 1, 1995).

6008          Cost Savings for          Requires the GSA Administrator to issue                                                                                    GSA Bulletin FTR
              Official Travel           guidelines ensuring that agencies promote,                                                                                 17, dated Oct. 24,
                                        encourage, and facilitate the use of frequent                                                                              1995, issued to
                                        traveler programs by federal employees to                                                                                  heads of federal
                                        maximize cost savings for official travel and                                                                              agencies, on
                                        report to Congress not later than 1 year after                                                                             promoting,
                                        FASA's enactment.                                                                                                          encouraging, and
                                                                                                                                                                   facilitating
                                                                                                                                                                   federal employee
                                                                                                                                                                   use of frequent
                                                                                                                                                                   traveler programs
                                                                                                                                                                   and benefits (60
                                                                                                                                                                   Fed. Reg. 55583,
                                                                                                                                                                   Nov. 1, 1995).

                                                                                                                                                                   Report by GSA
                                                                                                                                                                   Administrator,
                                                                                                                                                                   dated Oct. 13,
                                                                                                                                                                   1995, sent to
                                                                                                                                                                   Congress.

6009          Prompt Resolution of      Requires federal agencies to promptly resolve or                                                          Section 810 of   Action to revise
              Audit Recommendations     take corrective action on Office of Inspector                                                             Public Law 104-  OMB Circular A-50
                                        General audit report findings within 6 months.                                                            106 amended      was delayed pending
                                                                                                                                                  FASA section     amendment to FASA
                                                                                                                                                  6009 to conform  section 6009,
                                                                                                                                                  to reporting     according to an OMB
                                                                                                                                                  requirements of  official.
                                                                                                                                                  the Inspector
                                                                                                                                                  General Act of
                                                                                                                                                  1978. Final
                                                                                                                                                  action on
                                                                                                                                                  inspector
                                                                                                                                                  general reports
                                                                                                                                                  is to be
                                                                                                                                                  completed
                                                                                                                                                  within
                                                                                                                                                  12 months.

7101          Repeal of Certain         Repeals Small Business Act provision governing                          60 Fed. Reg.                      60 Fed. Reg.
              Requirements              priority of labor surplus area firms in small                           48258 (Sept.                      40106 (Aug. 7,
                                        business set-asides. Repeals provision of                               18, 1995)                         1995) (Interim
                                        P.L. 102-484, which concerned notification of                                                             rule);
                                        offerors of certificate of competency                                   FAR,                              60 Fed. Reg.
                                        requirements under 15 U.S.C. 637(b)(7).                                 48 C.F.R. Part                    61586
                                                                                                                20 (removed and                   (Nov. 30, 1995)
                                                                                                                reserved);                        (Converted to a
                                                                                                                52.220-1                          final rule
                                                                                                                (redesignated                     without
                                                                                                                as 52.219-2 and                   change.)
                                                                                                                revised);
                                                                                                                52.220-2--                        DFARS,
                                                                                                                52.220-4                          48 C.F.R.
                                                                                                                (removed) and                     219.602-1;
                                                                                                                conforming                        219.602-70
                                                                                                                amendments                        (removed);
                                                                                                                throughout the                    252.219-7009
                                                                                                                FAR.                              (removed)

7102          Contracting Program for   Authorizes for federal agencies certain                                                                   FAR
              Certain Small Business    contracting programs for small businesses owned                                                           implementation
              Concerns                  and controlled by socially and economically                                                               delayed pending
                                        disadvantaged individuals. These programs could                                                           review of
                                        include competition restrictions and a price                                                              federal
                                        evaluation preference of not more than 10 percent                                                         affirmative
                                        when evaluating qualifying offers received as a                                                           action programs
                                        result of an unrestricted solicitation. Program                                                           following the
                                        authority terminates on September 30, 2000.                                                               Adarand Supreme
                                                                                                                                                  Court
                                                                                                                                                  decision.\d

7103          Extension of Test         Extends DOD test program for negotiation of        60 Fed. Reg.
              Program for Negotiation   comprehensive small business subcontracting plans  35668 (July 10,
              of Comprehensive Small    through September 30, 1998.                        1995)
              Business Subcontracting
              Plans                                                                        DFARS,
                                                                                           48 C.F.R.
                                                                                           219.702;
                                                                                           252.219-7004

7104          Small Business            Established the Small Business Procurement                                                                                 The Small Business
              Procurement Advisory      Advisory Council to develop positions on proposed                                                                          Procurement
              Council                   procurement regulations affecting the small                                                                                Advisory Council
                                        business community and to submit comments                                                                                  held its initial
                                        reflecting such positions to appropriate                                                                                   meeting on
                                        regulatory authorities.                                                                                                    Dec. 15, 1994.

7105          Extension of Defense      Extends contract goals for small disadvantaged                                                            Implementation
              Contract Goal to Coast    businesses and certain institutions of higher                                                             in DFARS and in
              Guard and National        education to NASA and the U.S. Coast Guard.                                                               NASA and Coast
              Aeronautics and Space                                                                                                               Guard
              Administration                                                                                                                      (Department of
                                                                                                                                                  Transportation)
                                                                                                                                                  regulations
                                                                                                                                                  delayed pending
                                                                                                                                                  review of
                                                                                                                                                  federal
                                                                                                                                                  affirmative
                                                                                                                                                  action programs
                                                                                                                                                  following the
                                                                                                                                                  Adarand Supreme
                                                                                                                                                  Court
                                                                                                                                                  decision.\d

7106          Procurement Goals for     Establishes 5-percent target procurement goals                          60 Fed. Reg.
              Small Business Concerns   for small businesses owned by women.                                    48258 (Sept.
              Owned by Women                                                                                    18, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                5.002; 5.207;
                                                                                                                5.503; 9.104-
                                                                                                                3; 14.205-1;
                                                                                                                14.205-4;
                                                                                                                15.705; 15.706;
                                                                                                                15.905-1;
                                                                                                                19.001; 19.201;
                                                                                                                19.202-5;
                                                                                                                19.301; 19.402;
                                                                                                                19.7; 19.9
                                                                                                                (removed and
                                                                                                                reserved);
                                                                                                                26.104; 42.302;
                                                                                                                42.501; 42.502;
                                                                                                                44.202-2;
                                                                                                                44.303; 52.219-
                                                                                                                1; 52.219-8;
                                                                                                                52.219-9;
                                                                                                                52.219-10;
                                                                                                                52.219-13
                                                                                                                (removed and
                                                                                                                reserved);
                                                                                                                52.219-16;
                                                                                                                53.219

7107          Development of            Requires OFPP Administrator to identify                                                                                    OFPP met with
              Definitions Regarding     provisions of federal law that define or describe                                                                          organizations and
              Certain Small Business    certain small or minority business concerns and                                                                            companies to
              Concerns                  to recommend uniform definitions and                                                                                       discuss the review
                                        certification standards.                                                                                                   and published a
                                                                                                                                                                   request for
                                                                                                                                                                   comments from the
                                                                                                                                                                   public on
                                                                                                                                                                   developing uniform
                                                                                                                                                                   definitions and a
                                                                                                                                                                   uniform
                                                                                                                                                                   certification
                                                                                                                                                                   system. See 60 Fed.
                                                                                                                                                                   Reg. 456
                                                                                                                                                                   (Jan. 4, 1995).

7108          Functions of Office of    Requires OFPP Administrator to develop policies                                                                            OFPP published a
              Federal Procurement       to ensure that small businesses and small                                                                                  proposed policy
              Policy Relating to Small  disadvantaged businesses are provided the maximum                                                                          letter on
              Business                  practicable opportunity to participate in                                                                                  subcontracting
                                        procurements below the simplified acquisition                                                                              plans with a
                                        threshold and to provide for education and                                                                                 request for
                                        training.                                                                                                                  comments (60 Fed.
                                                                                                                                                                   Reg. 49644, Sept.
                                                                                                                                                                   26, 1995).
                                                                                                                                                                   According to an
                                                                                                                                                                   OFPP official,
                                                                                                                                                                   training videos are
                                                                                                                                                                   being developed and
                                                                                                                                                                   expected to be
                                                                                                                                                                   available in May
                                                                                                                                                                   1996.

7201          Acquisitions Generally    Amends Walsh-Healey Act to delete requirement                                                                              60 Fed. Reg. 46553
                                        that contractors certify that they are either                                                                              (Sept. 7, 1995)
                                        manufacturers or regular dealers in items                                                                                  (Proposed rule)
                                        supplied. Authorizes the Secretary of Labor to
                                        define by regulation the terms "regular dealer"                                                                            Department of Labor
                                        and "manufacturer."                                                                                                        Regulations,
                                                                                                                                                                   41 C.F.R. 50-201;
                                                                                                                                                                   50-206

                                                                                                                                                                   Department of Labor
                                                                                                                                                                   is authorized to
                                                                                                                                                                   issue regulations
                                                                                                                                                                   but does not have
                                                                                                                                                                   to issue them.

7202          Prohibition on Use of     Codifies prohibition on the use of appropriated                                                           60 Fed. Reg.
              Funds for Documenting     funds to assist DOD contractors in the                                                                    53320 (Oct. 13,
              Economic or Employment    preparation of materials, reports, lists, or                                                              1995) (Proposed
              Impact of Certain         analyses of the economic effect of acquisition                                                            rule)
              Acquisition Programs      programs in specific states or congressional
                                        districts.                                                                                                DFARS,
                                                                                                                                                  48 C.F.R.
                                                                                                                                                  231.205-22

7203          Merit-Based Award of      Sets out statement of congressional policy that    60 Fed. Reg.
              Contracts and Grants      no legislation should be enacted that requires a   42652 (Aug. 16,
                                        procurement to be made from a specified            1995)
                                        nonfederal government source.
                                                                                           FAR,
                                                                                           48 C.F.R.
                                                                                           6.302-5

7204          Maximum Practicable       Sets out the sense of Congress provision stating                                                                           Technical change.
              Opportunities for         that contractors performing federal construction
              Apprentices on Federal    contracts should, to the maximum extent
              Construction Projects     practicable, select subcontractors participating
                                        in apprenticeship programs and should provide
                                        maximum practicable employment opportunities for
                                        participants or graduates of such programs.

7205          Repeal of Obsolete        Repeals section 308 of the Federal Property and                                                                            Technical change.
              Provision                 Administrative Services Act of 1949 (41 U.S.C.
                                        258).

7206          Repeal of Obsolete and    Repeals policy guidance and reporting                                                                                      Technical change.
              Redundant Provisions of   requirements of the Buy American Act (41 U.S.C.
              Law                       10b-1(g) and 41 U.S.C. 10b-2(b)). Repeals waiver
                                        study requirement under the Trade Agreements Act
                                        (19 U.S.C. 2516).

7301          Short Title               Sets out that subtitle C of title VII of FASA may                                                         To be
                                        be cited as the "Community Improvement Volunteer                                                          implemented in
                                        Act of 1994." (Long title is " Waiver of                                                                  Department of
                                        Application of Prevailing Wage-Setting                                                                    Labor
                                        Requirements to Volunteers.")                                                                             regulations.

7302          Purpose                   Sets out statement of purpose for the Community                                                           To be
                                        Improvement Volunteer Act of 1994.                                                                        implemented in
                                                                                                                                                  Department of
                                                                                                                                                  Labor
                                                                                                                                                  regulations.

7303          Waiver for Individuals    Waives application of prevailing wage-setting                                                             To be
              Who Perform               provisions of the Davis-Bacon Act to volunteers                                                           implemented in
              Volunteer Services for    offering their services to public entities to                                                             Department of
              Public Entities           assist in the construction, repair, or alteration                                                         Labor
                                        of certain public buildings funded under                                                                  regulations.
                                        specified federal programs.

7304          Waiver for Individuals    Waives application of prevailing wage-setting                                                             To be
              Who Perform               provisions of the Davis-Bacon Act to volunteers                                                           implemented in
              Volunteer Services for    offering their services to nonprofit entities to                                                          Department of
              Nonprofit Entities        assist in the construction, repair, or alteration                                                         Labor
                                        of certain public buildings funded under                                                                  regulations.
                                        specified federal programs.

7305          Contracts Affected        Applies Community Improvement Volunteer Act of                                                            To be
                                        1994 to contracts entered into under the                                                                  implemented in
                                        authority of certain specified statutes.                                                                  Department of
                                                                                                                                                  Labor
                                                                                                                                                  regulations.

7306          Report                    Requires the Secretary of Labor to prepare and                                                            To be
                                        submit to Congress a report on the use of                                                                 implemented in
                                        volunteers in certain community activities                                                                Department of
                                        involving private for-profit entities and current                                                         Labor
                                        barriers to such use, including the Davis-Bacon                                                           regulations.
                                        Act.

8001          Definitions               Amends the OFPP Act to add definitions of                               60 Fed. Reg.
                                        "commercial item," "nondevelopmental item,"                             48231 (Sept.
                                        "component," and "commercial component."                                18, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                2.101; 52.202-
                                                                                                                1

8002          Regulations on            Requires inclusion in FAR provisions covering                           60 Fed. Reg.
              Acquisition of            uniform terms and conditions for commercial item                        48231 (Sept.
              Commercial Items          acquisitions, market acceptance criteria, use of                        18, 1995)
                                        firm fixed-price contracts, contract quality
                                        requirements, and the treatment of transfers                            FAR,
                                        between affiliates.                                                     48 C.F.R.
                                                                                                                11.103; 12.001;
                                                                                                                12.2; 12.3;
                                                                                                                12.4; 12.5;
                                                                                                                16.201; 16.301-
                                                                                                                3; 44.4;
                                                                                                                46.102; 46.202-
                                                                                                                1; 46.709;
                                                                                                                52.212-3;
                                                                                                                52.212-4;
                                                                                                                52.212-5;
                                                                                                                52.244-6

8003          List of Inapplicable      Requires that the FAR include lists of laws that                        60 Fed. Reg.
              Laws                      are inapplicable to contracts and subcontracts                          48231 (Sept.
              in Federal Acquisition    for commercial items. Sets out that future                              18, 1995)
              Regulation                enacted laws will be included on the list unless
                                        the FAR Council specifically excludes them (not                         FAR,
                                        applicable to laws excluded by their terms or                           48 C.F.R.
                                        that provide for civil or criminal penalties).                          12.301;12.5;
                                                                                                                44.402; 52.244-
                                                                                                                6

8101          Establishment of New      Establishes a separate chapter in title 10 of the                                                                          Technical change.
              Chapter in Title 10       U.S. Code relating to commercial items
                                        acquisitions.

8102          Relationship to Other     Incorporates by reference provisions on laws                            60 Fed. Reg.
              Provisions of Law         inapplicable to commercial items (see section                           48231 (Sept.
(see 8201)                              8003) and provisions on exceptions to cost or                           18, 1995)
                                        pricing data (see 10 U.S.C. 2306a(d)). Sets out
                                        that, unless specifically provided, no provision                        FAR,
                                        of title 10 relating to procurement is                                  48 C.F.R. 12.5
                                        inapplicable to commercial items.

8103          Definitions               Cross-references commercial item definitions in                         60 Fed. Reg.
                                        new title 10 chapter (see section 8101) to                              48231 (Sept.
                                        commercial item definitions set out in the OFPP                         18, 1995)
                                        Act and clarifies that commercial item provisions
                                        are applicable to NASA and the U.S. Coast Guard.                        FAR,
                                                                                                                48 C.F.R.
                                                                                                                2.101; 52.202-
                                                                                                                1

8104          Preference for            Creates a preference for the acquisition of                             60 Fed. Reg.
              Acquisition of            commercial items and other nondevelopmental                             48231 (Sept.
(see 8203)    Commercial Items          items, including both supplies and services. Sets                       18, 1995)
                                        out guidelines for conducting preliminary market
                                        research.                                                               FAR,
                                                                                                                48 C.F.R.
                                                                                                                7.102; 7.103;
                                                                                                                10.001; 10.002;
                                                                                                                11.002; 11.101;
                                                                                                                12.101; 12.102;
                                                                                                                12.202; 44.402;
                                                                                                                52.244-6

8105          Inapplicability of        Lists laws directly inapplicable to contracts for                       60 Fed. Reg.                      60 Fed. Reg.
              Certain Provisions of     acquisitions of commercial items.                                       48272 (Sept.                      61586 (Nov. 30,
(see 8204)    Law                                                                                               18, 1995)                         1995) (Interim
                                                                                                                                                  rule)
                                                                                                                FAR,
                                                                                                                48 C.F.R.                         DFARS,
                                                                                                                28.106-4;                         48 C.F.R.
                                                                                                                28.106-6; 32.1                    212.503;
                                                                                                                                                  212.504
                                                                                                                60 Fed. Reg.
                                                                                                                48231 (Sept.
                                                                                                                18, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                3.404; 3.503-
                                                                                                                2; 12.503;
                                                                                                                12.504; 52.203-
                                                                                                                6

8106          Presumption That          Adds presumption that, for the purposes of 10      60 Fed. Reg.         60 Fed. Reg.                      60 Fed. Reg.
              Technical Data Under      U.S.C. 2320 (technical data) and 10 U.S.C. 2321    33464 (June 28,      48231 (Sept.                      61586 (Nov. 30,
              Contracts for Commercial  (validation of proprietary data restrictions),     1995)                18, 1995)                         1995) (Interim
              Items Are Developed       commercial items have been developed exclusively                                                          rule)
              Exclusively at Private    at private expense.                                DFARS,               FAR,
              Expense                                                                      48 C.F.R.            48 C.F.R.                         DFARS
                                                                                           227.7102;            12.211                            48 C.F.R.
                                                                                           252.227-7037                                           252.227-7037

8201          Relationship to Other     Incorporates by reference provisions on laws                            60 Fed. Reg.
              Provisions of Law         inapplicable to commercial items (see section                           48231 (Sept.
(see 8102)                              8003). Sets out that unless specifically                                18, 1995)
                                        provided, no provision of title 41 relating to
                                        procurement is inapplicable to commercial items.                        FAR,
                                                                                                                48 C.F.R. 12.5

8202          Definitions               Cross-references terms used to refer to                                 60 Fed. Reg.
                                        commercial items in civilian agency acquisitions                        48231 (Sept.
                                        to definitions for these terms set out in the                           18, 1995)
                                        OFPP Act.
                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                2.101; 52.202-
                                                                                                                1

8203          Preference for            Creates a preference for the acquisition of                             60 Fed. Reg.
              Acquisition of            commercial items and other nondevelopmental                             48231 (Sept.
(see 8104)    Commercial Items          items, including both supplies and services. Sets                       18, 1995)
                                        out guidelines for conducting preliminary market
                                        research.                                                               FAR,
                                                                                                                48 C.F.R.
                                                                                                                7.102; 7.103;
                                                                                                                10.001; 10.002;
                                                                                                                11.002; 11.101;
                                                                                                                12.101; 12.102;
                                                                                                                12.202; 44.402;
                                                                                                                52.244-6

8204          Inapplicability of        Lists laws directly inapplicable to contracts for                       60 Fed. Reg.
              Certain Provisions of     acquisitions of commercial items.                                       48231 (Sept.
(see 8105)    Law                                                                                               18, 1995)

                                                                                                                FAR,
                                                                                                                48 C.F.R.
                                                                                                                3.404; 3.503-
                                                                                                                2; 12.503;
                                                                                                                12.504; 52.203-
                                                                                                                6

8301 (except  Inapplicability of        Lists laws directly inapplicable to contracts for                       60 Fed. Reg.                      In a memorandum
(e))          Certain Provisions of     acquisitions of commercial items.                                       48231 (Sept.                      dated Dec. 18,
              Law                                                                                               18, 1995)                         1995, the
                                                                                                                                                  Chairman of the
                                                                                                                FAR,                              Cost Accounting
                                                                                                                48 C.F.R.                         Standards Board
                                                                                                                3.502-2; 3.502-                   notified
                                                                                                                3; 12.503;                        federal
                                                                                                                12.504; 22.305;                   procuring
                                                                                                                23.104; 23.501;                   agencies that
                                                                                                                47.405                            the Board
                                                                                                                                                  delegated the
                                                                                                                                                  authority to
                                                                                                                                                  waive the
                                                                                                                                                  application of
                                                                                                                                                  cost accounting
                                                                                                                                                  standards to
                                                                                                                                                  individual firm
                                                                                                                                                  fixed-price
                                                                                                                                                  contracts for
                                                                                                                                                  the acquisition
                                                                                                                                                  of commercial
                                                                                                                                                  items, when
                                                                                                                                                  cost or pricing
                                                                                                                                                  data is not
                                                                                                                                                  obtained.

8301(e)       Inapplicability of        Excludes contractors competing for commercial      60 Fed. Reg.
              Certain Provisions of     item contracts from certain Procurement Integrity  37773
              Law                       Act certification requirements.                    (July 21,
                                                                                           1995)

                                                                                           FAR,
                                                                                           48 C.F.R.3.104-
                                                                                           9; 52.203-8;
                                                                                           52.203-9

8302          Flexible Deadlines for    Requires OFPP Administrator to prescribe                                60 Fed. Reg.
              Submission of Offers of   regulations defining limited circumstances in                           48231 (Sept.
              Commercial Items          which flexible deadlines can be used under                              18, 1995)
                                        section 18 of the OFPP Act for submitting bids or
                                        proposals for the procurement of commercial                             FAR,
                                        items.                                                                  48 C.F.R.
                                                                                                                5.203; 12.205

8303          Additional                Gives the additional responsibilities of                                60 Fed. Reg.
              Responsibilities for      promoting the acquisition of commercial and                             48231 (Sept.
              Advocates for             nondevelopmental items, and challenging barriers                        18, 1995)
              Competition               to such acquisition, to competition advocates for
                                        each procuring activity.                                                FAR,
                                                                                                                48 C.F.R. 6.502

8304          Provisions Not Affected   Lists certain provisions of law not affected by                                                                            No action
                                        the commercial items provisions in title VIII of                                                                           required.\a
                                        FASA, so that these laws continue to be
                                        applicable.

8305          Comptroller General       Requires the Comptroller General to report to                                                                              GAO must submit
              Review of Federal         Congress on the use of market research by the                                                                              report to Congress
              Government Use of Market  federal government in the support of procurement                                                                           in 1996.
              Research                  of commercial and nondevelopmental items.

9001-9004     Title IX--Federal         Sets out provisions outlining FACNET architecture                                                         60 Fed. Reg.
              Acquisition Computer      and governmentwide implementation. Requires GAO                                                           34741 (July 3,
              Network                   to identify and report on classes of contracts                                                            1995) (Interim
                                        unsuitable for acquisition through FACNET.                                                                rule)

                                                                                                                                                  FAR,
                                                                                                                                                  48 C.F.R. 4.5

                                                                                                                                                  GAO must submit
                                                                                                                                                  report to OFPP
                                                                                                                                                  Administrator
                                                                                                                                                  and Congress by
                                                                                                                                                  1997.

10001         Effective Date and        Sets out that amendments made by FASA would take                                                                           No action
              Applicability             effect on the date provided in final implementing                                                                          required.\b
                                        regulations or October 1, 1995, whichever was
                                        earlier. Section 10001 also lists a series of
                                        sections immediately applicable on and after the
                                        date of FASA enactment.

10002         Implementing Regulations  Establishes schedule for promulgation of FASA                                                                              No action
                                        implementing regulations.                                                                                                  required.\b

10003         Evaluation by the         Requires Comptroller General to evaluate and                                                                               GAO must submit
              Comptroller General       report to Congress on the issuance and                                                                                     reports to
                                        implementation of FASA regulations.                                                                                        Congress.

10004         Data Collection Through   Specifies certain data to be collected through     60 Fed. Reg.         60 Fed. Reg.                      Federal
              the Federal Procurement   the Federal Procurement Data System for            42652 (Aug. 16,      48258 (Sept.                      Procurement
              Data System               acquisitions in excess of the simplified           1995)                18, 1995)                         Data System
                                        acquisition threshold.                                                                                    Reporting
                                                                                           FAR,                 48 C.F.R.                         Manual issued
                                                                                           48 C.F.R. 4.601      4.602; 4.603;                     in Oct. 1995.
                                                                                                                52.204-5                          Manual was
                                                                                                                                                  prepared by GSA
                                                                                                                                                  for OFPP.

10005         Technical and Clerical    Sets out miscellaneous technical and clerical                                                                              Technical change.
              Amendments                amendments to permanent laws affected by
                                        amendments made by FASA.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a This FASA section was assigned to a regulation drafting team by
the FAR Council's special project to implement FASA for
implementation in the FAR.  The drafting team subsequently determined
that no regulatory implementation action was required. 

\b No regulatory implementation action by any federal agency was
required. 

\c This FASA section was assigned to a regulation drafting team by
the FAR Council's special project to implement FASA for
implementation in the Defense Federal Acquisition Regulation
Supplement.  The team subsequently determined that no regulatory
implementation action was required. 

\d The Supreme Court's decision in Adarand Constructors, Inc.  v. 
Pena, 115 S.  Ct.  2097 (1995), set forth a new standard for
evaluating the constitutionality of race-based affirmative action
programs, and the President directed on July 19, 1995, that executive
agencies review affirmative action programs under that standard. 


SCOPE AND METHODOLOGY
========================================================= Appendix III

To determine whether all necessary regulations were issued, we first
undertook a detailed reading of all FASA statutory provisions and
legislative history.  We obtained FASA implementation plans from the
Federal Acquisition Regulatory Council and the Under Secretary of
Defense (Acquisition and Technology) that were established
specifically for promulgating FAR revisions and for defense-unique
implementation.  We discussed these plans with project managers and
officials of the regulatory councils.  We interviewed team leaders
and team legal advisers responsible for FAR revisions to discuss the
steps they took to determine regulatory coverage, and we reviewed the
FAR drafting teams' methodology for identifying necessary revisions. 

We documented that regulations were issued by extracting information
from the Federal Register, and we analyzed in detail how FAR
revisions were structured to implement each FASA section.  In some
instances, we conducted computerized key word searches of the Code of
Federal Regulations to (1) determine whether coverage relating to a
particular FASA section already existed and should be revised or (2)
review regulatory drafting teams' determinations that FASA sections
assigned to them did not require regulatory implementation.  We
followed up with the drafting teams to confirm our results.  We
followed similar steps for non-FAR regulations.  In addition, we
documented actions taken to implement FASA other than issuing
regulations. 

In addition to the above steps, we performed an in-depth legal review
of seven of the FAR revisions that had public meetings.  We reviewed
the regulations and available drafting team reports to determine
whether the regulations were consistent with the provisions and
purposes of FASA and its legislative history and to identify the
major issues that arose in the promulgation of the regulation. 

To determine compliance with FASA's publishing deadlines and
requirements for 60-day comment periods, we reviewed the Federal
Register and documented publication dates for proposed, interim, and
final regulations and the period allowed for submitting public
comments. 

We evaluated the executive branch efforts to ensure that the
regulations are concise and easily understandable by potential
offerors as well as by government officials. 

We conducted our work between November 1994 and March 1996 in
accordance with generally accepted government auditing standards. 
Since the latest date that all of FASA's provisions were applicable
to government acquisitions was October 1, 1995, we used that date for
reporting on the status of implementing regulations.  However, we
included updates through March 1996.  Although our report is due not
later than 180 days after final revisions to the FAR have been
issued, we are reporting based on the majority having been issued. 
Several final revisions to the FAR had not been published as of March
1996. 

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