Federal Acquisition Streamlining Act of 1994

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Claims and Disputes Subtitle E: Miscellaneous Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Civil Reserve Air Fleet Subtitle E: Miscellaneous Title IV: Simplified Acquisition Threshold Subtitle A: Establishment of Threshold Subtitle B: Inapplicability of Laws to Acquisitions at or Below the Simplified Acquisition Threshold Subtitle C: Simplified Acquisition Procedures Subtitle D: Micro-Purchase Procedures Subtitle E: Conforming Amendments Title V: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Subtitle C: Pilot Programs Subtitle D: Miscellaneous Title VI: Other Procurement-related Matters Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Subtitle C: Waiver of Application of Prevailing Wage-Setting Requirements to Volunteers Title VIII: Commercial Items Subtitle A: Definitions and Regulations Subtitle B: Armed Services Acquisitions Subtitle C: Civilian Agency Acquisitions Subtitle D: Acquisitions Generally Title IX: Federal Acquisition Computer Network Title X: Effective Dates and Implementation Federal Acquisition Streamlining Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration (NASA), Coast Guard, Department of Defense, and respective military departments) procurement. (Sec. 1002) Revises competition requirements, among other changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. (Sec. 1004) Repeals expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders. Creates new authority for the head of a subject agency to: (1) enter into task and delivery order contracts for procurement of services or property; and (2) appoint a task and delivery order ombudsman for reviewing complaints involving multiple contracts. (Sec. 1005) Provides for procurement of expert services for court or administrative proceedings. (Sec. 1011) Revises solicitation requirements, among other changes requiring the head of a subject agency to: (1) include cost or price as a factor to be considered in evaluating competitive proposals; and (2) disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1012) Relocates provisions concerning purchase option evaluation. (Sec. 1013) Modifies notice requirements, providing, among other changes, for notice by electronic means. (Sec. 1014) Provides, under certain conditions, for: (1) debriefings furnishing unsuccessful offerors certain basic information on the contract award; and (2) protest files affording offerors reasonable access in protests to the Comptroller General (CG). (Sec. 1016) Authorizes the head of a subject agency to: (1) take certain actions, such as issuing a new solicitation or terminating a contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law; and (2) pay certain costs involved in the protest, including reasonable attorney's fees, subject to prescribed limitations. (Sec. 1021) Eliminates: (1) certain restrictions on cost and incentive contracts; and (2) annual reports by DOD advocates for competition. (Sec. 1022) Revises and reorganizes provisions for multi-year contracting. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those in part I above with respect to civilian agencies. Provides for: (1) solicitations for contracts to be awarded using sealed bid procedures; (2) multi-year contracts for the acquisition of property and services; (3) contracts for procurements of severable services for periods crossing fiscal years; (4) regulations governing Economy Act purchases; and (5) systems for collecting and evaluating appropriate data on procurements conducted under such regulations. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to: (1) require establishment of policies and procedures for encouraging the consideration of past contract performance in selecting contractors; (2) require the Administrator of the Office of Federal Procurement Policy (Administrator) to prescribe for executive agencies guidance regarding such consideration; (3) repeal certain congressional reporting requirements on executive agency contract competition; and (4) direct the Federal Acquisition Regulatory Council (FAR Council) to promulgate regulations to discourage the use of nonstandard contract clauses on a repetitive basis. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal law (Truth in Negotiations Act (TINA)) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); (2) provide for periodic inflation adjustments in such threshold; (3) repeal certain provisions concerning modification of contracts; and (4) make changes in exceptions to data submission requirements. (Sec. 1203) Modifies provisions for submission of cost or pricing data in cases where such submission is not otherwise required, but determined necessary for determining price reasonableness, adding authority to require the submission of other data for such purposes when certified cost or pricing data is not required to be submitted. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where a procurement is conducted on the basis of adequate price competition. (Sec 1205) Cross-references the right of the United States to examine contractor records under certain audit provisions. (Sec. 1206) Requires the Federal Acquisition Regulation (FAR) to contain provisions concerning the types of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the Government is fair and reasonable when certified cost or pricing data are not required to be submitted because the price of the procurement is not expected to exceed the applicable threshold amount. (Sec. 1207) Provides for consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Includes as a subcontract a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor. Adds a definition of "commercial item" cross-referenced to provisions under OFPPA. (Sec. 1209) Covers NASA and the Coast Guard under TINA interest and penalty provisions for certain overpayments. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements similar to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments. Subtitle D: Procurement Protests - Part I: Protests to the Controller General - Modifies CICA's procurement protest system by: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorney's fees currently required; (4) setting limits on such fees, except in the case of small businesses; (5) requiring subject agencies to pay recommended amounts or else report to the CG the reasons for failing to do so; (6) directing the CG to report to the Congress on agency implementation of CG recommendations; and (7) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and disseminations under the system. Part II: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board), upon an interested party's request, to review any decision by a contracting officer alleged to have violated the law or the conditions of delegated authority; and (3) change time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes: (1) dismissal of frivolous and bad faith protests; and (2) board ordered payment of additional specified fees to prevailing parties. (Sec. 1436) Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make any settlement payments from the judgment fund. (Sec. 1437 Requires board rules and procedures for expeditious protest disposition to include procedures for time frame calculations and electronic transmissions as well as for appropriate procedural sanctions for willful abuses of the board's process during a protest. (Sec. 1438) Adds to FPASA the new definition of "protest" added above under part I. (Sec.1439) Requires the GSA Administrator to collect and compile certain basic data on agency procurement of automatic data processing equipment for oversight purposes. Subtitle E: Policy, Definitions, and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law, repealing policy provisions on defense procurement, and making changes in definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to OFPPA, as well as changes in provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1503) Consolidates provisions on delegation of procurement functions by a subject agency head. (Sec. 1505) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1506) Repeals DOD provisions regarding production special tooling and test equipment. (Sec. 1507) Gives the Secretary of Defense (currently, the Secretary of a military department) sole authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes similar to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Repeals specified provisions of Federal law relating to a preference for procurement of recycled toner cartridges. (Sec. 1555) Authorizes the GSA Administrator to provide: (1) to qualified nonprofit agencies for the blind or other severely handicapped under the Javits-Wagner-O'Day Act (JWO), upon request, any of the services he or she is currently authorized to perform for other Federal agencies, mixed ownership corporations, or the District of Columbia under FPASA; and (2) for the use of GSA supply schedules by State or local governments, Puerto Rico, or Indian tribal governments, upon request, and subject to appropriate reimbursement of GSA for administrative costs incurred in such use. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, among other changes, consolidating and eliminating certain ones with regard to certain navy contracts, revising conditions for progress payments, and providing for conditions for payments for commercial items. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Part III: Acquisitions Generally - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the FAR Council to modify FAR to apply Government-wide the requirements under that Act the Secretary of DOD is required to prescribe in regulations applicable with respect to DOD contracts. Subtitle B: Cost Principles - Part I: Armed Services Aquisitions - Amends the Defense Procurement Improvement Act of 1985 to: (1) include NASA and the Coast Guard under allowable contractor costs provisions; (2) raise the threshold for coverage under such Act to $500,000 (adjusted periodically for inflation); (3) exclude contracts for commercial items from coverage under such Act; (4) make unallowable under covered contracts costs to influence local legislative bodies; and (5) require current DOD regulations dealing with the allowability of contractor costs under covered contracts to clarify the cost principles applicable to contractor costs for conventions. (Sec. 2102) Repeals standby profit controls for use during national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements for executive agencies on allowable contractor costs with requirements nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III: Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. (Sec. 2192) Disallows under covered contracts the costs of gifts or recreation for contractor employees or family members that are provided by the contractor to improve employee morale or performance or for any other purpose unless the FAR Council specifies the circumstances under which such costs are allowable. Directs the FAR Council to make certain amendments to FAR's cost principle with regard to the unallowability of entertainment costs. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and modifies requirements under FPASA for executive agency examination of contractor records, replacing them with requirements similar to those above under part I for subject agencies. Subtitle D: Claims and Disputes - Part I: Armed Services Acquisitions - Amends miscellaneous defense procurement provisions to add requirements for certification of requests for equitable adjustment or other relief in certain cases, as well as restrictions on legislative payments of contract claims. (Sec. 2302) Modifies military department shipbuilding contract claims requirements, among other changes making requirements on certification resubmission applicable only with respect to claims, requests, or demands submitted before the effective date of such requirements. Part II: Acquisitions Generally - Amends the Contract Disputes Act of 1978 to: (1) require certain contractor and Government claims to be submitted for resolution within six years after the accrual of the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications, as well as maximum amounts for accelerated and small claims procedures; (3) extend the authority of agencies to engage in alternative means of dispute resolution and require detailed written explanations when requests for such proceedings are denied; and (4) allow U.S. district courts to request advisory opinions from the board in certain cases. (Sec. 2353) Requires FAR to include provisions for expedited contracting officer responses to small business requests involving matters relating to contract administration. Subtitle E: Miscellaneous - Part I: Armed Services Acquisitions - Revises provisions on: (1) qualification requirements for aircraft and ship spare parts; and (2) contractor guarantees with regard to weapon systems. Part II: Acquisition Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. (Sec. 2453) Repeals the obsolete deadline under OFPPA regarding procedural regulations for the Cost Accounting Standards Board. (Sec. 2454) Codifies accounting requirements for contracted advisory and assistance services. (Sec. 2455) Mandates issuance of Government-wide regulations providing for debarment or suspension of procurement participants otherwise excluded from participating in certain procurement or nonprocurement activities, allowing for certain exceptions. Title III: Service Specific and Major Systems Statutes - Subtitle A: Major Systems Statutes - Modifies: (1) weapons development and procurement schedules report requirements; (2) selected acquisition report requirements; (3) unit cost report requirements; and (4) major defense acquisition program requirements concerning independent cost and manpower estimates, baseline descriptions, and deviation reporting. (Sec. 3006) Repeals competitive prototyping and alternative source requirements. Subtitle B: Testing Statutes - Revises reporting and other duties of the Director of Operational Test and Evaluation, adding requirements for monitoring live fire testing activities of DOD. (Sec. 3014) Modifies: (1) major systems and munitions programs requirements concerning survivability and lethality testing, adding additional waiver authority with respect to covered systems (and including a covered product improvement program for a covered system within such authority); and (2) major system milestone II and other requirements with regard to determining the quantities to be procured for low-rate initial production. Subtitle C: Service Specific Laws - Authorizes the Secretary to accept gratuitous services of certain reserve component officers. (Sec. 3022) Provides that the authority of the Secretary and of the Secretaries of the military departments (concerned Secretaries) to make use of manufacturing information and Government equipment and materials in the interest of national defense extends to renting as well as to selling or lending such information, equipment, and materials. (Sec. 3023) Repeals specified provisions subjecting navy contracts to the Walsh-Healey Act (WHA), requiring the construction of vessels on the Pacific Coast, and authorizing the Secretary of the Navy to make expenditures for scientific investigations and research for the Navy. Subtitle D: Civil Reserve Air Fleet - Consolidates and revises civil reserve air fleet requirements, adding provisions for military installation use by fleet contractors, and making other changes, including those with regard to the definition of "contractor." Subtitle E: Miscellaneous - Removes the limitation on obligation of funds for defense production, warehousing, and supply distribution purposes, requiring instead that the Secretary prescribe regulations governing the performance within DOD of such functions. (Sec. 3062) Repeals certain requirements for aviation product evaluation. (Sec. 3063) Allows funds appropriated for a military department for supplies to be used to acquire technical (currently only design, process, and manufacturing) data and computer software, as well as releases (regardless of when the suit is brought) for past patent or copyright infringement and unauthorized data or software use. (Sec. 3064) Revises references to liquid fuels and natural gas with regard to defense contracts for storage, handling, and distribution. (Sec. 3065) Codifies limitations on DOD and military department vessel, aircraft, and vehicle leases, with modifications. (Sec. 3066) Exempts contracts for procurement of domestic soft drink supplies from exchange stores abroad for armed forces use from certain requirements. (Sec. 3067) Gives DOD the authority to designate disbursing officers within DOD. Title IV: Simplified Acquisition Threshold - Subtitle A: Establishment of Threshold - Establishes a new simplified acquisition threshold (SAT) of $100,00, replacing the current small purchase threshold, for use also under the Small Business Act (SBA), for purposes of acquisitions by subject and executive agencies. (Sec. 4004) Amends SBA to reserve for small businesses all contracts over $2,500 but not over $100,000. Subtitle B: Inapplicability of Laws to Acquisitions At or Below The Simplified Acquisition Threshold - Makes certain covered Federal laws listed in FAR, as well as various specified requirements, prohibitions, and standards, including those under the Anti-kickback Act of 1986, "Miller Act", and Drug-Free Workplace Act of 1988, inapplicable to subject and executive contracts or subcontracts in amounts at or below SAT. Subtitle C: Simplified Acquisition Procedures - Requires FAR to provide for special simplified procedures for contracts for acquisition of property and services that are at or below SAT. Sets forth special rules for using such procedures that, for example, prohibit dividing purchases into lesser amounts in order to use such procedures and take into consideration the agency's interim FACNET capability. (Sec. 4201) Requires an executive agency: (1) intending to solicit offers for a contract for which a solicitation notice is required to be posted to ensure that contracting officers consider each responsible offer timely received from an offeror; and (2) to establish a deadline for the submission of all bids or proposals in response to a solicitation with respect to which no such deadline is provided by statute. Requires each deadline for the submission of offers to afford potential offerors a reasonable opportunity to respond. (Sec. 4202) Amends OFPPA and SBA to: (1) continue existing notice thresholds for non-electronically conducted procurements between $25,000 and $100,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders exceeding SAT); and (2) describe additional contents for notices with respect to contracts between $25,000 and $100,000. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to require special simplified procedures under FAR for acquisitions under SAT, with implementing regulations, among other things: (1) exempting purchases not exceeding $2,500 from SAB reservation and Buy American Act (BAA) requirements; (2) prohibiting Federal officers and employees making such purchases from being classified as procurement officials under OFPPA procurement integrity provisions; and (3) allowing purchases at or below $2,500 to be made without obtaining competitive quotations if the contracting officer determines that the purchase price is reasonable. Subtitle E: Conforming Amendments - Amends specified executive and subject agency procurement law to make conforming changes substituting "SAT" as appropriate. Title V: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal defense planning and coordination law to require: (1) the DOD Secretary to approve or define the cost, performance, and schedule goals for major defense acquisition programs and for each phase of the acquisition cycle of such programs; (2) the Comptroller of DOD to evaluate the cost goals proposed for each major defense acquisition program; (3) the DOD Secretary to include in the annual report to the President and the Congress on DOD accomplishments an assessment with regard to, among other things, acquisition program achievement of such goals. Requires the Secretary to ensure that there is a timely review of such programs if they are found not to have achieved such goals. (Sec. 5001) Requires the Secretary to: (1) review the incentives and personnel actions for encouraging excellence in the management of defense acquisition programs and provide an enhanced system of incentives to facilitate the achievement of such goals; (2) submit to the Congress any recommended legislation considered necessary to facilitate and enhance management of DOD acquisition programs; and (3) review DOD regulations to ensure that acquisition program cycle procedures are focused on achieving the goals that are consistent with the appropriate program baseline description. (Sec. 5002) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal provisions on: (1) program phases and phase funding; and (2) program work force policies. Subtitle B: Civilian Agency Acquisitions - Provides for similar changes under FPASA with regard to civilian agency acquisitions. (Sec. 5052) Directs the Administrator for Federal Procurement Policy to develop results-oriented acquisition process guidelines for implementation by agencies in acquisitions of property and services by Federal agencies. Precludes such guidelines from being applied to DOD. Subtitle C: Pilot Programs - Authorizes the Administrator for Federal Procurement Policy to conduct a program of tests of alternative and innovative procurement procedures, including the Federal acquisition computer network (FACNET) capability. Requires such tests to be carried out in not more than two specific procuring activities in a designated agency and meet certain requirements and limitations. Places a limitation on the total value of contracts under the program. (Sec. 5062) Authorizes: (1) the Administrator of NASA to conduct a test of alternative notice and publication requirements for NASA procurements; (2) the Secretary of Transportation to conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan; and (3) the Secretary of Defense to designate specified defense acquisition programs for participation in the defense acquisition pilot program authorized under the National Defense Authorization Act for Fiscal Year 1991. (Sec. 5064) Revises provisions under the National Defense Authorization Act for Fiscal Year 1994 on: (1) mission-oriented program management; (2) efficient contracting processes; and (3) contract administration and performance-based contract management. Subtitle D: Miscellaneous - Amends OFPPA to authorize the Administrator to establish Government-wide awards for vendor and employee excellence. (Sec. 5092) Provides for an increased waiting period for significant changes proposed for acquisition regulations. (Sec. 5093) Expresses the sense of the Congress that, in prescribing acquisition regulations, the FAR Council should consider using negotiated rulemaking procedures in appropriate circumstances. Title VI: Other Procurement-Related Matters - Repeals pay and allowance provisions restricting payments to certain officers. Suspends for a certain period Federal criminal code restrictions on retired military officers regarding certain matters affecting the Government. (Sec. 6002) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance on determining whether Federal personnel expertise is available before contracting for such services to conduct acquisitions. (Sec. 6004) Amends the Revised Statutes with respect to Members of Congress and public contracts to eliminate the need for a contract clause (but retain the prohibition against benefiting from a contract entered into by the United States). (Sec. 6005) Revises and consolidates the two existing whistleblower protection systems for DOD contractor employees. (Sec. 6006) Amends FPASA to create identical protection for whistleblowers who are employees of civilian agency contractors. (Sec. 6007) Requires: (1) the CG to review the independence of legal services provided to Inspectors General for a report to the Congress; and (2) the Administrator of the General Services Administration to issue guidelines to ensure that agencies promote, encourage, and facilitate the use of frequent traveler programs by Federal employees engaging in official air travel. Provides that any awards granted under such a frequent traveler program accrued through official travel shall be used only for official travel. (Sec. 6009) Requires Federal agencies to take prompt action on all audit recommendations. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends SBA to: (1) repeal provisions on set-aside priority of firms in labor surplus areas; and (2) include small businesses owned and controlled by women within the goals for awarding procurement contracts to small businesses. (Sec. 7102) Authorizes agency heads to restrict competition for certain contracts to small business concerns pawned and controlled by socially and economically disadvantaged individuals, with a price evaluation preference of up to ten percent. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to provide for an extension of the test program for negotiation of comprehensive small business subcontracting plans. (Sec. 7104) Establishes an interagency Small Business Procurement Advisory Council to: (1) develop positions on proposed procurement regulations affecting the small business community; and (2) submit comments reflecting such positions to appropriate regulatory authorities. (Sec. 7105) Extends the DOD contract goal for small disadvantaged businesses and certain minority institutions of higher education to the Coast Guard and NASA. (Sec. 7107) Directs the Administrator to: (1) review and report to the Congress on the various small business arrangements described under Federal law for women, minorities, and other specified groups for purposes of authorizing their participation as Federal contractors; and (2) develop uniform definitions and certification standards and procedures for such small businesses. (Sec. 7108) Adds additional functions pertaining to the establishment of policies and procedures for ensuring small business participation in executive agency procurements to the list of those enumerated under current law for the Administrator. Subtitle B: Socioeconomic Laws - Amends the Walsh-Healey Act to authorize the Secretary of Labor to prescribe in regulations the standards for determining whether a contractor is a manufacturer of or a regular dealer in materials, supplies, articles, or equipment to be manufactured or used in the performance of a contract entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States, for the manufacture or furnishing of materials, supplies, articles, and equipment. (Sec. 7202) Revises and codifies the prohibition on use of appropriated funds for assisting DOD contractors in documenting the economic or employment impacts certain acquisition programs in particular States or congressional districts for which all research, development, testing, and evaluation have not been completed. (Sec. 7203) Amends subject and civilian agency (FPASA) law to declare that it is the policy of Congress that no agency should be required by legislation to award a new contract to a specific non-Federal source, or a new grant to a non-Federal entity, unless the law identifies the non-Federal source or entity involved and states that the procurement contravenes such policy. States that any program, project, or technology identified in legislation should be procured through merit-based selection procedures. (Sec. 7204) Expresses the sense of the House of Representatives that: (1) contractors performing Federal construction contracts should, to the maximum extent practicable, give preference in the selection of subcontractors to subcontractors participating in apprenticeship programs registered with the Department of Labor or with a State apprenticeship agency recognized by such Department; and (2) contractors and subcontractors performing Federal construction contracts should provide maximum practicable opportunities for employment of apprentices who are participating in or who have completed such apprenticeship programs. (Sec. 7205) Repeals certain: (1) obsolete FPASA provisions on laws applicable to contracts; (2) redundant Buy American Act requirements for policy guidance; (3) expired requirements for DOD reports to the Congress on foreign purchases; and (4) Trade Agreements Act of 1979 to reporting requirements on procurements in labor surplus areas. Subtitle C: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Provides for waivers of Davis-Bacon Act (DBA) prevailing-wage-setting requirements with respect to volunteers who perform services under the Library Services and Construction Act, Indian Self-Determination and Education Assistance Act, migrant or community health center provisions of the Public Health Service Act, the Indian Health Care Improvement Act, and the Housing and Community Development Act of 1974. Prohibits approval of payment of any expense, benefit, or fee to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. (Sec. 7306) Directs the Secretary of Labor to report to the Congress on such waivers and make recommendations with respect to other DBA-related Acts that may be considered in legislation to permit volunteer work. Title VIII: Commercial Items - Subtitle A: Definitions and Regulations - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Requires the FAR to provide: (1) regulations on executive and subject agency acquisition of commercial items; (2) requirement pertaining to market acceptance and the use of warranties, firm fixed price contracts for commercial items, and past performance of commercial items and sources as a factor in awarding contracts; and (3) rules permitting reliance on existing quality assurance systems for commercial items. Makes ineffective certain DOD provisions for acquisition of commercial and nondevelopmental items. (Sec. 8003) Requires FAR to include a list of certain future enacted laws that are inapplicable to contracts for the procurement of commercial items. Subtitle B: Armed Services Acquisitions - Creates a preference under current law to for procurement of commercial items (or nondevelopmental items other than commercial items if commercial items suitable to meet the agency's needs are not available) by DOD, the Coast Guard and NASA. Exempts such procurements from specified provisions of Federal law and regulations thereunder, such as those relating to prohibitions on contingency fees and persons convicted of defense-related felonies. Subtitle C: Civilian Agency Acquisitions - Makes changes analogous to those under the subtitles above with respect to executive agencies. Subtitle D: Acquisitions Generally - Makes certain provisions of Federal law inapplicable to acquisitions generally. (Sec. 8302) Amends OFPPA to direct the Administrator to prescribe regulations defining limited circumstances in which flexible deadlines can be used for submitting contract offers for commercial item procurements. (Sec. 8303) Gives agency competition advocates the added responsibility of promoting the acquisition of commercial items. (Sec. 8305) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Federal Acquisition Computer Network - Directs the Administrator to establish a program for developing and implementing FACNET (an electronic procurement system connecting executive and subject agencies with the private sector for the acquisition of certain contracts). Title X: Effective Dates and Implementation - Specifies the effective dates of this Act and its amendments. (Sec. 10003) Requires a CG report to the Congress evaluating the effectiveness of the FAR revisions implementing this Act in streamlining the acquisition system and fulfilling the other purposes of this Act. (Sec. 10004) Requires the Federal Procurement Data System described under OFPPA to be modified to collect from contracts exceeding SAT certain data identifying contract awards, task order contracts, and other specified matters. (Sec. 10005) Designates: (1) FPASA provisions on selection or architects and engineers as the Brooks Architect-Engineers Act; (2) FPASA provisions on automatic data processing as the Brooks Automatic Data Processing Act; and (3) other specified Acts as, respectively, the Javits-Wagner-O'Day Act, the Miller Act, the Buy American Act, and the Walsh-Healey Act.

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Major Systems and Service Specific Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Civil Reserve Air Fleet Subtitle D: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Standards of Conduct Title VI: Defense Trade and Cooperation Title VII: Commercial Items Subtitle A: Definitions and Regulations Subtitle B: Armed Services Acquisitions Subtitle C: Civilian Agency Acquisitions Subtitle D: Acquisitions Generally Title VIII: Miscellaneous Provisions Title IX: Effective Dates and Regulations Federal Acquisition Improvement Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration (NASA), Coast Guard, Department of Defense (DOD), and respective military departments) procurement. (Sec. 1002) Revises competition requirements, among other changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. (Sec. 1011) Revises solicitation requirements, among other changes requiring the head of a subject agency to: (1) include cost or price as a factor to be considered in evaluating competitive proposals; and (2) disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1012) Relocates provisions concerning purchase option evaluation. (Sec. 1013) Modifies notice requirements, providing, among other changes, for notice by electronic means. (Sec. 1014) Provides, under certain conditions, for: (1) debriefings furnishing unsuccessful offerors certain basic information on the contract award; (2) protest files affording offerors reasonable access in protests to the Comptroller General (CG); and (3) award of multiple contracts for the same supply or service. (Sec. 1016) Authorizes the head of a subject agency to: (1) take certain actions, such as issuing a new solicitation or terminating a contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law; and (2) pay certain costs involved in the protest, including reasonable attorney's fees, subject to prescribed limitations. (Sec. 1021) Eliminates: (1) certain restrictions on cost and incentive contracts; and (2) annual reports by DOD advocates for competition. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those in part I above with respect to civilian agencies. Provides for: (1) solicitations for contracts to be awarded using sealed bid procedures; (2) multiyear contracts for the acquisition of property and services; and (3) severable contracts for procurement of services for periods crossing fiscal years. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to: (1) require establishment of policies and procedures for encouraging the consideration of past contract performance in selecting contractors; (2) require the Administrator of the Office of Federal Procurement Policy (Administrator) to prescribe for executive agencies guidance regarding such consideration; (3) repeal certain congressional reporting requirements on executive agency contract competition; and (4) direct the Federal Acquisition Regulatory Council (FAR Council) to promulgate regulations to discourage the use of nonstandard contract clauses on a repetitive basis. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal law (Truth in Negotiations Act (TINA)) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); (2) provide for periodic inflation adjustments in such threshold; and (3) make changes in exceptions to data submission requirements. (Sec. 1204) Provides for consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements governing submission of cost of pricing data and commercial pricing for supplies with requirements similar to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Extends the competition requirement for awards of DOD research and development (R&D) grants and contracts to nonprofit organizations other than federally funded research and development centers. Subtitle D: Procurement Protests - Part I: Protests to the Controller General - Modifies CICA's procurement protest system by: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorney's fees currently required; (4) requiring subject agencies to pay recommended amounts or else report to the CG the reasons for failing to do so; (5) directing the CG to report to the Congress on agency implementation of CG recommendations; (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and disseminations under the system; and (7) permitting the CG to hold protesters liable for the costs of reviewing frivolous or bad faith protests and to issue protective orders restricting access to certain procurement information. Part II: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board), upon an interested party's request, to review any decision by a contracting officer alleged to have violated the law or the conditions of delegated authority; and (3) change time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes: (1) dismissal of frivolous and bad faith protests; (2) board ordered payment of additional specified fees to prevailing parties; and (3) board imposed procedural sanctions for willful abuses of the board's process during a protest. (Sec. 1436) Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make any settlement payments from the judgment fund. (Sec. 1437) Requires board rules and procedures for expeditious protest disposition to include procedures for time frame calculations and electronic transmissions. (Sec. 1438) Adds to FPASA the new definition of "protest" added above under part I. (Sec. 1439) Requires the GSA Administrator to collect and compile certain basic data on agency procurement of automatic data processing equipment for oversight purposes. Subtitle E: Policy, Definitions, and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) policy on defense procurement; (2) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to OFPPA; and (3) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1503) Consolidates provisions on delegation of procurement functions by a subject agency head. (Sec. 1505) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1506) Repeals DOD provisions regarding production special tooling and test equipment. (Sec. 1507) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes similar to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) States that the laws of the United States are amended to read as if the following had not been enacted: (1) certain general provisions of the Treasury, Postal Service and General Government Appropriations Act, 1993 concerning departments, agencies, and corporations; and (2) certain provisions of a similarly named 1994 appropriations Act concerning independent agencies. (Sec. 1555) Authorizes the GSA Administrator to provide: (1) to qualified nonprofit agencies for the blind or other severely handicapped under the Javits-Wagner-O'Day Act (JWO), upon request, any of the services he or she is currently authorized to perform for other Federal agencies, mixed ownership corporations, or the District of Columbia (District) under FPASA; and (2) for the use of GSA supply schedules by State or local governments, the District, Puerto Rico, or Indian tribal governments, upon request, and subject to appropriate reimbursement of GSA for administrative costs incurred in such use. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating certain ones with regard to certain navy contracts, revising conditions for progress payments, and providing for conditions for payments for commercial items. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Part III: Acquisitions Generally - Amends the Prompt Payment Act to provide for an interest penalty on contract close-out lag-time. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends the Defense Procurement Improvement Act of 1985 to: (1) include NASA and the Coast Guard under allowable contractor costs provisions; (2) raise the threshold for coverage under such Act to $500,000 (adjusted periodically for inflation); and (3) exclude contracts for commercial items from coverage under such Act. (Sec. 2102) Repeals standby profit controls for use during national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements for executive agencies on allowable contractor costs with requirements nearly identical to those for DOD amended in part I above (and the changes made by such amendments). (Sec. 2152) Disallows under covered contracts the costs of entertainment, gifts, or recreation provided by a contractor to its employees unless the FAR Council takes appropriate action after enactment of this Act to specify when they are allowable. Part III: Acquisitions Generally - Modifies OFPPA requirements on contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and modifies requirements under FPASA for executive agency examination of contractor records, replacing them with requirements nearly identical to those above under part I for subject agencies. Subtitle D: Cost Accounting Standards - Amends OFPPA to repeal an obsolete deadline for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality - Revises special qualification requirements for contractors on critical aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. Repeals congressional reporting requirements with regard to waivers of certain weapon system requirements. Subtitle F: Claims and Disputes - Repeals DOD contract claims certification requirements. (Sec. 2501) Restricts future payment under law of subject agency contract claims. (Sec. 2502) Modifies military department shipbuilding contract claims requirements, among other changes repealing requirements on certification resubmission. Title III: Major Systems and Service Specific Statutes - Subtitle A: Major Systems Statutes - Revises: (1) weapons development and procurement schedules report requirements; (2) selected acquisition report requirements; (3) unit cost report requirements; and (4) major defense acquisition program requirements concerning independent cost and manpower estimates, baseline descriptions, and deviation reporting. (Sec. 3006) Repeals competitive prototyping and alternative source requirements. Subtitle B: Testing Statutes - Modifies: (1) major systems and munitions programs requirements concerning survivability and lethality testing, adding additional waiver authority with respect to covered systems (and including a covered product improvement program for a covered system within such authority); (2) major system milestone II and other requirements with regard to determining the quantities to be procured for low-rate initial production; and (3) major defense acquisition program requirements concerning operational testing and evaluation, adding authority for using different operational test and evaluation procedures. Subtitle C: Civil Reserve Air Fleet - Consolidates and revises civil reserve air fleet requirements, adding provisions for military installation use by fleet contractors, and making other changes, including those with regard to the definition of "contractor." Subtitle D: Miscellaneous - Removes the limitation on obligation of funds for defense production, warehousing, and supply distribution purposes, requiring instead that the Secretary prescribe regulations governing the performance within DOD of such functions. (Sec. 3052) Repeals provisions on aviation product evaluation. (Sec. 3053) Codifies limitations on DOD and military department vessel, aircraft, and vehicle leases, with modifications. (Sec. 3054) Repeals provisions subjecting navy contracts to the Walsh-Healey Act (WHA). Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to: (1) establish new simplified acquisition thresholds (SATs) of $25,000, $100,000 for agencies with Federal Acquisition Computer Network Architecture (FACNET) capability, and double such amounts for contracts awarded and performed outside the United States in support of a contingency operation (all adjusted periodically for inflation), replacing the current small purchase threshold, for use also under FPASA and subject agency procurement law; and (2) direct the Administrator to establish a program for developing and implementing FACNET (an electronic procurement system connecting executive agencies with the private sector) in executive and subject agencies. Part II: Simplification of Procedures - Amends OFPPA to: (1) require executive agency heads awarding contracts exceeding the micro-purchase threshold (MPT) ($2,500, adjusted periodically for inflation) to ensure that procuring activities comply with Small Business Act (SBA) and other applicable Federal requirements; (2) exempt purchases not exceeding MPT from Buy American Act (BAA) requirements; and (3) revise procurement notice requirements, among other changes exempting from such requirements procurements for which notice is accomplished through FACNET. (Sec. 4013) Directs the CG to assess and report to the Congress on the SAT's effects on small business participation in procurements below $100,000, and any resulting impact on executive agency procuring activities. Part III: Inapplicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Provides for the applicability of future enacted procurement laws to executive and subject agency contracts not exceeding SAT unless the law specifically refers to this part and states that it modifies or supersedes it. (Sec. 4031) Exempts executive and subject agency contracts below SAT from various specified requirements, including those for procurement integrity certifications. Part IV: Conforming Amendments - Amends specified executive and subject agency procurement law to make conforming changes substituting "SAT" as appropriate. Part V: Revision of Regulations - Requires: (1) the FAR Council to review the FAR to identify and amend, as appropriate, regulations applicable to acquistions below the SAT; and (2) executive agency heads to take similar action regarding applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Amends OFPPA to include as additional functions of the Administrator developing certain policies with regard to small businesses. (Sec. 4102) Directs the Administrator to prescribe certain regulations for subcontractors and suppliers for enforcing contractor compliance with agreed upon payment terms and relevant provisions of Federal law. Amends: (1) the National Defense Authorization Act for Fiscal Years 1992 and 1993 to specify the types of contracts exempted from similar DOD regulations prescribed pursuant to such Act; and (2) the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend the test program for negotiation of comprehensive small business subcontracting plans. (Sec. 4104) Establishes an interagency Small Business Procurement Advisory Council to provide information, including advisory reports, on small business procurement matters to Federal entities. (Sec. 4105) Expresses the sense of the Congress that contractors performing Federal construction contracts should provide maximum practicable opportunities for the employment of apprentices. Subtitle C: Miscellaneous Acquisition Laws - Amends subject and civilian agency (FPASA) law to declare that it is the policy of Congress that no legislation should be enacted that requires procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement contravenes such policy. Title V: Standards of Conduct - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether Federal Government expertise is available before contracting for such services to conduct acquisitions. (Sec. 5003) Amends the Revised Statutes to modify public contract requirements on Members of Congress, eliminating the need for a contract clause, but retaining the prohibition against benefiting from a contract entered into by the United States. (Sec. 5004) Increases the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Title VI: Defense Trade and Cooperation - Creates an exception to BAA requirements for micro-purchases under OFPPA. (Sec. 6002) Revises requirements on the procurement of foreign goods to specify, among other changes, new criteria for the Secretary of Defense to consider in determining whether application of BAA is inconsistent with the public interest. (Sec. 6003) Revises and consolidates miscellaneous limitations on procurement of foreign goods. Title VII: Commercial Items - Subtitle A: Definitions and Regulations - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 7002) Requires the FAR to provide: (1) regulations on executive and subject agency acquisition of commercial items; (2) requirements pertaining to market acceptance and the use of warranties, firm fixed price contracts for commercial items and components, and past performance of items and sources as a factor in awarding contracts; and (3) rules permitting reliance on existing quality assurance systems for commercial items. Repeals DOD provisions for acquisition of commercial and nondevelopmental items. Subtitle B: Armed Services Acquisitions - Creates a preference under current law for procurement of commercial items by DOD, the Coast Guard, and NASA. Exempts such procurements from: (1) cost of pricing data requirements; and (2) specified provisions of Federal law and regulations thereunder, such as those relating to contingent fee prohibitions and allowable costs. Subtitle C: Civilian Agency Acquisitions - Makes changes analogous to those under the subtitles above with respect to executive agencies. Subtitle D: Acquisitions Generally - Amends OFPPA to direct the Administrator to prescribe regulations defining limited circumstances in which flexible deadlines can be used for submitting contract offers for commercial item procurements. (Sec. 7303) Gives agency competition advocates the added responsibility of promoting the acquisition of commercial items. (Sec. 7305) Requires a CG review of Federal market research use for a report to the Congress. Title VIII: Miscellaneous Provisions - Authorizes the Administrator to conduct and report to the Congress on a program for testing alternative and innovative procurement procedures, such as those involving: (1) publication of agency needs before drafting of a solicitation; and (2) screening of sources and competition among capable vendors. (Sec. 8001) Requires a CG review of each such test and report to the Congress on all test results. Directs the Administrator to delegate to the Secretary of Transportation authority to conduct a similar test in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan. Authorizes the Secretary to designate specified defense acquisition programs for participation in the defense acquisition pilot program under the National Defense Authorization Act for Fiscal Year 1991. (Sec. 8002) Directs the Administrator to study and report to the Congress on participation in non-defense executive agency procurement by small businesses owned and controlled by socially and economically disadvantaged individuals. Extends defense contract goals for such businesses and other entities to the Coast Guard and NASA. (Sec. 8004) Amends OFPPA to add as new Administrator functions with respect to the Federal Acquisition Institute the setting of policies and procedures to establish the education and training programs authorized under OFPPA, as well as general functions of providing for Government-wide vendor and procurement employee excellence awards. (Sec. 8005) Allows funds appropriated for a military department for supplies to be used to acquire technical (currently only design, process, and manufacturing) data and computer software, as well as releases (regardless of when the suit is brought) for past patent or copyright infringement and unauthorized data or software use. (Sec. 8006) Expresses the sense of the Congress that the FAR Council should consider using negotiated rulemaking or similar techniques for fostering legal compliance, avoiding litigation, and achieving better private sector relations. (Sec. 8008) Codifies requirements for identifying consulting services funding as a separate budget item. (Sec. 8009) Designates: (1) FPASA provisions on selection of architects and engineers as the Brooks Architect-Engineers Act; (2) FPASA provisions on automatic data processing as the Brooks Automatic Data Processing Act; and (3) other appropriate provisions as the Javits-Wagner-O'Day Act. Title IX: Effective Dates and Regulations - Specifies the effective dates of this Act and its amendments. (Sec. 9003) Requires a CG report to the Congress evaluating how FAR revisions pursuant to this Act achieve its purposes.

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Subtitle C: Miscellaneous Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Miscellaneous Provisions Title X: Effective Dates and Implementation Title XI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers Federal Acquisition Streamlining Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency procurement (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and the respective military departments) to revise: (1) competition requirements, among other changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, among other changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals, and to disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for the award of contracts between $100,000 and $1 million under noncompetitive procedures. (Sec. 1004) Repeals expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders. Creates new authority for the head of a subject agency to: (1) enter into task order contracts for advisory and assistance services; and (2) appoint a task order ombudsman for reviewing complaints involving multiple contracts. (Sec. 1005) Provides for procurement of expert services for court or administrative proceedings. (Sec. 1012) Relocates provisions concerning purchase option evaluation. (Sec. 1013) Requires notice to all offerors not awarded a contract as soon as practicable after the contract is awarded. (Sec. 1014) Provides under certain conditions for: (1) debriefings furnishing unsuccessful offerors certain basic information on the contract award; (2) protest files affording offerors reasonable access in protests to the Comptroller General (CG); and (3) two-phase selection procedures for entering into certain contracts. (Sec. 1016) Authorizes the head of a subject agency to: (1) take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law; and (2) pay certain costs involved in the protest, including reasonable attorney's fees, subject to prescribed limitations. (Sec. 1021) Eliminates: (1) certain restrictions on cost and incentive contracts; and (2) annual reports by DOD advocates for competition. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA), the Office of Federal Procurement Policy Act (OFPPA), and other specified Federal law to make changes similar to those above with respect to civilian agencies, including adding provisions to FPASA for: (1) task order contracts for advisory and assistance services; (2) continued occupancy of leased space; (3) issuance of solicitations for contracts to be awarded using sealed bid procedures; (4) multiyear contracts for the acquisition of property and services; and (5) contracts for procurement of severable services for periods crossing fiscal years. (Sec. 1074) Requires: (1) the Federal Acquisition Regulation (FAR) to be revised to include regulations governing Economy Act purchases; and (2) the Administrator for Federal Procurement Policy (Administrator) to ensure that systems for collecting and evaluating procurement data are capable of doing so on procurements conducted under such regulations. Part III: Acquisitions Generally - Amends OFPPA to: (1) establish Government policy for promoting economy, efficiency, and effectiveness in procurements by the executive branch through establishment of policies and procedures for encouraging the consideration of past contract performance in selecting contractors; (2) require the Administrator to prescribe for executive agencies guidance regarding such consideration in awarding contracts; and (3) repeal congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal law (the Truth in Negotiations Act (TINA)) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts (to be entered into without sealed bid procedures) above the $500,000 threshold (thus making it permanent); (2) provide for periodic adjustments in such threshold for inflation; and (3) make changes in exceptions to data submission requirements. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competition is not practicable and the contracting officer determines that there is adequate data to determine price reasonableness. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest;" (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorney's fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment; (5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and disseminations under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims (Federal Claims Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of delegated authority; and (3) change time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment to prevailing parties of additional specified administrative fees, as limited above under part I. (Sec. 1436) Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make any settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the OFPPA; and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals specified DOD provisions on production special tooling and test equipment. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Authorizes the GSA Administrator to provide: (1) to qualified nonprofit agencies for the blind or other severely handicapped under the Javits-Wagner-O'Day Act, upon request, any of the services he or she is currently authorized to perform for other Federal agencies, mixed ownership corporations, or the District of Columbia under FPASA; and (2) for the use of Federal supply schedules or other contracts by State or local governments, the District, Puerto Rico, or Indian tribal governments upon request. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating some with regard to certain navy contracts, adding specific policy for contract financing, basing payments under agency contracts for property and services on contractor performance whenever practical, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends the Defense Procurement Improvement Act of 1985 to: (1) make unallowable under covered contracts costs to influence local legislative bodies; (2) repeal congressional reporting requirements regarding efforts to guard against unallowable costs under defense contracts; and (3) raise the threshold for coverage under such Act to $500,000 (adjusted periodically for inflation). (Sec. 2102) Repeals standby profit controls for use during national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements for executive agencies on allowable contractor costs with requirements nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III: Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises requirements under FPASA for executive agency examination of contractor records, replacing them with requirements nearly identical to those above under part I for subject agencies. Subtitle D: Cost Accounting Standards - Amends OFPPA to: (1) conform the application of cost accounting standards to the new TINA and FPASA exemptions for commercial items added by this Act; and (2) repeal an (obsolete) deadline for procedures governing actions of the Cost Accounting Standards Board, while retaining authority for their issuance. Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. Part II: Acquisition Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Modifies DOD and military department shipbuilding contract claim certification requirements, among other changes restricting future payment under law of subject agency contract claims, and repealing related certification regulation provisions. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require certain contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications, as well as maximum amounts for accelerated and small claims procedures; (3) reduce the time for filing claim actions in Federal court; (4) extend the authority of agencies to engage in alternative means of dispute resolution and require detailed written explanations when requests for such proceedings are denied; and (5) allow U.S. district courts to request advisory opinions from the board in certain cases. (Sec. 2554) Requires FAR to include provisions for expedited contracting officer responses to small business requests involving matters relating to contract administration. Title III: Service Specific and Major Systems Statutes - Subtitle A: Major Systems Statutes - Revises major defense acquisition program requirements concerning independent cost and manpower estimates, baseline descriptions, and deviation reporting. (Sec. 3003) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal certain requirements of the Defense Acquisition Pilot Program. (Sec. 3004) Repeals competitive prototyping and alternative source requirements. Subtitle B: Testing Statutes - Modifies reporting and other duties of the Director of Operational Test and Evaluation, adding requirements for live fire testing. Subtitle C: Service Specific Laws - Authorizes the Secretary of Defense (DOD) to accept gratuitous services of certain reserve component officers. (Sec. 3022) Provides that the authority of the DOD Secretary and of the Secretaries of the military departments (concerned Secretaries) to make use of manufacturing information and Government equipment and materials in the interest of national defense extends to renting as well as to selling or lending such information, equipment, and materials. (Sec. 3023) Consolidates and revises civil reserve air fleet and naval salvage provisions. Provides for military installation use by fleet contractors. (Sec. 3024) Authorizes the international exchange of military and civilian personnel. (Sec. 3025) Repeals specified authority for expenditures for scientific investigation and research and vessel construction on the Pacific Coast and project assignment. Subtitle D: Department of Defense Commercial and Industrial Activities - Codifies requirements for a separate advisory and assistance service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Revises references to liquid fuels and natural gas with regard to defense contracts for storage, handling, and distribution. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Modifies defense obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals provisions on aviation product evaluation. (Sec. 3083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. (Sec. 3084) Exempts contracts for procurement of domestic soft drink supplies from exchange stores abroad for armed forces use from certain requirements. (Sec. 3085) Amends specified Federal laws to repeal certain restrictions relating to the acquisition of recycled toner cartridges. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires special simplified procedures under FAR for acquisitions under SAT, with implementing regulations, among other things: (1) exempting purchases not exceeding $2,500 from SBA reservation and Buy American Act (BAA) requirements; (2) prohibiting Federal officers and employees making such purchases from being classified as procurement officials under OFPPA procurement integrity provisions; and (3) providing that payment for purchases under such procedures be made in accordance with the Prompt Payment Act within 15 days after the invoice is received. (Sec. 4012) Amends SBA to reserve for small businesses all contracts over $2,500 but under the SAT. (Sec. 4014) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for non-electronically conducted procurements over $25,000 but under the SAT (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders exceeding the SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 4015) Authorizes the Administrator to develop a Government-wide system for electronically conducted procurements. Part III: Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA to authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below the SAT, unless the provision expressly prohibits such waiver. (Sec. 4022) Exempts: (1) subject and civilian agency contracts below the SAT from various specified requirements, including those for contingent fees certifications and audits and supplier and supply source identification; (2) prime contracts below the SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (3) contracts below the SAT from (Miller Act (MA)) public building and works contract requirements, the Contract Work Hours and Safety Standards Act and Drug-Free Workplace Act of 1988, and Solid Waste Disposal Act certification requirements. (Sec. 4024) Requires the FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials under certain MA contracts. Part IV: Conforming Amendments - Amends specified subject and civilian agency procurement law to make conforming changes substituting the SAT for the "small purchase threshold." Part V: Revision of Regulations - Requires: (1) the Federal Acquisition Regulatory Council (FAR Council) to review the FAR to identify and amend, as appropriate, regulations applicable to acquisitions below the SAT; and (2) agency heads to take similar action regarding applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Repeals: (1) the Walsh-Healey Act (WHA) (other than for certain definitional purposes) and FPASA requirements regarding WHA's and the Davis-Bacon Act's (DBA) applicability in instances where purchases or contracts are awarded using other than sealed bid procedures; and (2) certain Trade Agreements Act of 1979 reporting requirements on procurements in labor surplus areas (LSA). (Sec. 4102) Amends SBA to: (1) repeal provisions on set-aside priority of LSA firms; and (2) include small businesses owned and controlled by women within the goals for awarding procurement contracts to small businesses. Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal requirements for certain subject agency contract solicitation notices for small businesses. (Sec. 4105) Directs the Administrator to: (1) review and report to the Congress on the various small business arrangements described under Federal law for women, minorities, and other specified groups for purposes of authorizing their participation as Federal contractors; and (2) develop uniform definitions and certification standards and procedures for such small businesses. Subtitle C: Miscellaneous Acquisition Laws - Revises and codifies the prohibition on use of appropriated funds for assisting DOD contractors in documenting the economic or employment impacts of certain acquisition programs in particular States or congressional districts. (Sec. 4152) Amends subject and civilian agency (FPASA) law to declare that it is the policy of Congress that no legislation should be enacted that requires procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement contravenes such policy. Title V: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal defense planning and coordination law to: (1) set forth congressional policy for DOD acquisition performance goals established by the DOD Secretary for major acquisition programs; and (2) authorize the Secretary to take certain actions to implement such policy. (Sec. 5001) Directs the Secretary to: (1) review existing incentives and personnel actions for encouraging excellence in the acquisition workforce and provide, and report to the Congress on, an enhanced system of incentives for encouraging such excellence; and (2) define in regulations a simplified, results-oriented acquisition program cycle. (Sec. 5003) Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions for: (1) defense acquisition pilot program designations; and (2) certain procedures and other actions by the Secretary for pilot program implementation. Subtitle B: Civilian Agency Acquisitions - Provides for similar policy, goals, workforce incentives and results-oriented acquisitions for civilian agencies. Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch program for rewarding exceptional contract performance by Federal contractors. (Sec. 5092) Amends miscellaneous armed services procurement law to authorize funds appropriated for military departments for purchasing supplies to be used to acquire technical data and computer software and releases for past patent or copyright infringement or unauthorized use. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban requirements, and adds rules of construction and harmonizes gratuities provisions with Government-wide ethics provisions. (Sec. 6002) Amends the Federal criminal code with respect to acts affecting a personal financial interest to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance on determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6053) Amends the Revised Statutes with respect to Members of Congress and public contracts to eliminate the need for a contract clause (but retain the prohibition against benefiting from a contract entered into by the United States). (Sec. 6054) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Subtitle C: Whistleblower Protection - Revises and consolidates the two existing whistleblower protection systems for DOD contractor employees. (Sec. 6102) Amends OFPPA to create identical protection for whistleblowers who are employees of civilian agency contractors. Title VII: Defense Trade and Cooperation - Amends Federal law concerning DOD memoranda of understanding and related agreements to: (1) replace references to such terms with "International Cooperative Agreements;" and (2) expand the authorized scope of such agreements to cover logistics support. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not exceeding 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. (Sec. 8003) Requires the FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions permitting contractor reliance on existing quality assurance systems for commercial items and providing for treatment of transfers between affiliates. (Sec. 8004) Authorizes waiver on a class basis in the FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items and components. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and, from among other requirements, the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA on procurement integrity certification. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for submitting contract offers for commercial item purchases. (Sec. 8007) Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a Comptroller General review of Federal market research use for a report to the Congress. Title IX: Miscellaneous Provisions - Requires a CG review of the independence of legal services provided to Inspectors General (IGs) for a report to the Congress. (Sec. 9002) Directs the GSA Administrator to issue guidelines for ensuring agency cost savings for official air travel. (Sec. 9003) Requires: (1) Federal agencies to promptly resolve IG audit report findings; and (2) issuance of uniform, Government-wide regulations for contractor suspension and debarment. Title X: Effective Dates and Implementation - Specifies the effective dates of this Act and its amendments. (Sec. 1000) Requires the Federal Procurement Data System under OFPPA to be modified to collect specified data from contracts exceeding the SAT. Title XI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Provides for waivers of Davis-Bacon Act (DBA) prevailing-wage-setting requirements with respect to volunteers who perform services under the Library Services and Construction Act, Indian Self-Determination and Education Assistance Act, or migrant or community health center provisions of the Public Health Service Act. Prohibits approval of any expense, benefit, or fee being paid to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. (Sec. 1004) Directs the Secretary of Labor to report to the Congress on such waivers and make recommendations with respect to other DBA-related Acts that could be addressed to permit volunteer work.

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Intellectual Property Subtitle A: Technology Transfer Subtitle B: Government Use of Private Patents, Copyrights, and Trade Secrets Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Effective Date Federal Acquisition Streamlining Act of 1993 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part 1: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. Substitutes for approval of contracts between $1 million and $10 million, "head of the contracting activity" for "head of the procuring activity." (Sec. 1005) Repeals: (1) expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 1012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 1013) Requires: (1) notice to all offerors not awarded a contract within three days of the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within seven days after a competitive award; and (3) the head of the contracting activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 1016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. Part III: Acquisitions Generally - Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competion is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Aquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 1302) Consolidates the R&D authority of DOD and the military Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded whenthe award is connected with a violation of law; (2) require GSA's board of contract appeals (bard) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 1436) Requires public disclosuure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." (Sec. 1440) Requires the GSA Administrator to collect and compile data on procurement of automatic data processing equipment. Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the Office of Federal Procurement Policy Act (OFPPA); and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Limits the use of undefinitized contractual actions by civilian agencies. (Sec. 1555) Repeals provisions on Internal Revenue Service procurement of expert and attorney services. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) revise congressional reporting requirements with regard to CG's evaluation of DOD's efforts under such provisions to guard against unallowable costs under defense contracts; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 2102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III - Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. (Sec. 2403) Repeals army and air force procurement provisions regarding the delivery of subsistence supplies. Part II: Acquisitions Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Repeals DOD contract claim certification requirements already slated for repeal under the National Defense Authorization Act for Fiscal Year 1993. (Sec. 2501) Restricts future payment under law of subject agency contract claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims procedure; (4) reduce the period for filing claim actions in Claims Court; and (5) provide that claims include certain requests, including those for equitable adjustments to contract terms. Title III: Service Specific and Major System Statutes- Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for: (1) Defense Enterprise Programs; and (2) competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Repeals testing requirements for wheeled or tracked vehicles. (Sec. 3012) Substitutes vulnerability testing requirements for survivability and lethality testing. Authorizes less-than-full-up testing for high-value systems. (Sec. 3013) Authorizes the Secretary to provide for alternative operational testing and evaluation of major programs under certain conditions. (Sec. 3014) Creates a new exception to low-rate initial production requirements for strategic defense missiles. Subtitle C: Service Specific Laws - Consolidates and revises provisions on: (1) DOD and military department mobilization of industry in time of war, procurement for experimental purposes, and acceptance of gratuitous services of reserve officers; (2) availability of DOD and military department materials, information, and services for R&D and testing purposes; (3) the civil reserve air fleet, adding provisions regarding the use of military installations by fleet contractors; and (4) naval vessel fitness and salvage operations. (Sec. 3024) Repeals: (1) duplicative general army and air force (A&A) procurement authority, and authority for production equipment procurement as well; (2) obsolete delegation authority with regard to army rations procurement, and authority for A&A to purchase certain subsistence supplies, obtain assistance from mapping agencies, and reclaim unserviceable ammunition; and (3) various authority and requirements with respect to navy vessels, obsolete navy provisions on guided missiles, and authority for the Secretary of the Navy to provide contractors with relief from losses caused by enemy action and to sell degassing equipment. (Sec. 3034) Authorizes the international exchange of scientific personnel. Subtitle D: Department of Defense Commercial and Industrial Activities - Consolidates and revises authority for having supplies needed by DOD or the military departments made in U.S.-owned factories and arsenals. (Sec. 3052) Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Consolidates and revises provisions on contracts for storage, handling, and distribution of liquid fuels, including natural gas under the coverage of such provisions, among other changes. (Sec. 3062) Modifies provisions on DOD acquisition of petroleum, including natural gas under the coverage of such provisions, broadening the Secretary's exchange authority, and adding sales authority. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals provisions on aviation encouragement, product evaluation, and milk procurement. (Sec. 3085) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under the Federal Acquisition Regulation (FAR) for acquisitions under SAT. (Sec. 4013) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. Part III: Inapplicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA loc suplyto authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 4031) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988, and requirements under the Merchant Marine Act, 1936 to ship on American-Flag commercial vessels. Requires FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 4081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Exempts contracts for constructing, altering, furnishing, or equipping naval vessels from the Davis-Bacon Act (DBA) or the Service Contract Act of 1965, unless the President determines that it is in the interest of national defense to subject them. (Sec. 4102) Repeals: (1) obsolete reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. Repeals redundant requirements under FPASA regarding DBA and WHA applicability. Prohibits any Federal agency from purchasing any prisoner-made goods whose transportation in interstate commerce or importation is prohibited under Federal criminal laws. Exempts prison goods contracts below SAT from such prohibition. (Sec. 4103) Amends SBA to allow Federal agencies to contract directly with a socially and economically disadvantaged small business, rather than indirectly through the Small Business Administration, unless the business objects. Subtitle C: Miscellaneous Armed Services Acquisition Laws - Repeals several obsolete laws relating to procurement of naval aircraft and components. (Sec. 4152) Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 4153) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title V: Intellectual Property - Subtitle A: Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to address: (1) copyright protection for computer programs prepared by Federal employees, including those employees working under a cooperative R&D agreement; (2) use of copyrighted works of the Federal Government; and (3) distribution of royalties received by Federal agencies. (Sec. 5004) Amends Federal copyright law to conform to the changes made above with respect to the treatment of copyrighted works. Subtitle B: Government Use of Private Patents, Copyrights and Trade Secrets - Requires the issuance of regulations regarding the circumstances under which a contracting officer may withhold authorization or consent for a contractor to violate private patents in the performance of a contract. Prohibits any injunction from being issued for a violation of a patent right that occurs in the performance of a Federal contract. (Sec. 5012) Repeals navy provisions regarding the purchase of patents, patent applications, and licenses. Authorizes funds appropriated for military departments for purchasing supplies to be used to acquire: (1) technical data and computer software; and (2) releases for unauthorized use of such items. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 6002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 6053) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Title VII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreements Act of 1970 relating to studies of BAA waivers. (Sec. 7002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. Repeals navy provisions for suspension of construction in case of treaty. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 8003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Repeals DOD provisions for acquisition of commercial and nondevelopmental items. (Sec. 8004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 8007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Effective Date - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided.