# Presentation: 453362

## Services AcquisitionReform Act

**November 2004**

## Services Acquisition Reform Act

**Introduced by Rep. Tom Davis ****(R-VA) as H.R. 1837 in 2003**
**Majority of provisions incorporated into House Version of the 2004 Defense Authorization Bill (H.R. 1588, Title XIV) **
**Adopted by Senate and conferees with minor changes**
**Signed November 24, 2003**
**Introduced similar legislation in  previous Congress (107****th****, HR. 3832)**

## Services Acquisition Reform Act

**Key Provisions**
**Established Acquisition Workforce Training Fund (Sec. 1412)**
**Enhanced Acquisition Workforce Recruitment Program (Sec. 1413)**
**Created “Chief Acquisition Officer” (CAO) for Civilian Agencies (Sec. 1421)**
**Created CAO Council (Sec. 1422)**
**Authorized Telecommuting for Contractor Employees (Sec. 1428)**

## Services Acquisition Reform Act

**Key Provisions (cont):**
**Provided Incentives for “Performance-Based” Contracting (i.e., treatment under FAR Part 12) (Sec. 1431)**
**T&M/Labor-Hour Contracts May be Used to Procure Commercial Services (Sec. 1432)**
**Clarified definition of Commercial Item to Expressly Include Services (Sec. 1433)**

## Services Acquisition Reform Act

**Key Provisions (cont):**
**Gave “Other Transaction” Authority (both R&D and prototype) to All Agencies for Procurement of Anti-Terrorism, Nuclear, Biological, Chemical, or Radiological Technology (Sec. 1441)**
**Provided Streamlined Procedures for Procurement of Nuclear, Biological, Chemical, or Radiological Technology (Sec. 1443) **

## Services Acquisition Reform Act

**What did not make the cut:**
**Share-in-Savings Contracting (other)**
**Designation as a Commercial Entity**
**Enhancement of Agency-Level Protests **
**Options for “Exceptional Performance”**

## Services Acquisition Reform Act

**What did not make the cut (cont’d):**
**IT Workforce/Government Exchange Program**
**Easing the Rules for Procurement of Foreign IT**
**Adjusting Simplified Acquisition Threshold for Inflation**

## Acquisition System Improvement Act 

**ASIA (HR 4228) introduced April 28, 2004**
**Consolidate BCAs into Two Boards**
**Include SARA Provisions:**
**Strengthen Agency Protests**
**Create Acquisition Professional Exchange Program**
**Make Share-in-Savings for IT Permanent**
**Extend Simplified Acquisition Threshold for contracts under $5 mil to 2009**

## ASIA Provisions in DOD Authorization

**FY 2005 DOD Authorization **
**Selected ASIA Provisions Added **
**Other Procurement-Related Amendments**
**Signed October 28**

## FY 2005 DOD Defense Authorization Act

**Limitations on DOD use of GSA Client Support Centers (sec. 802)**
**Inflation Adjustments for Acquisition-Related Dollar Thresholds (sec. 807)**
**DOD Rapid Acquisition of Defense Items – for Combat Capability Deficiencies that have resulted in Fatalities (sec. 811)**
**DOD Task Order and Multiyear Contracts Limited to 5 Years + 5 Option Years (sec.813)**

## FY 2005 DOD Defense Authorization Act

**Extend Simplified Procedures for Commercial Items up to $5M Through 2008 (sec. 817)**
**Clarify DOD Version of TINA Regarding Noncommercial Modifications to Commercial Items (sec. 818)**
**A-76 Protest Authority of In-House Personnel (sec. 326)**
**A-76 Evaluation Adjustment for Healthcare Costs in DOD Appropriations Act (sec. 8014)**

## Procurement Reform Issues Pending 

**Still Hot Issues**
**Offshoring**
**Outsourcing – methodology, scope of activity**
**CICA Stay Repair**
**Bioshield**
**Procurement Oversight – Revolving Door**

## Contacts

**Alison L. Doyle, Esq.**
**	****(202) 496-7604**
**	**_**adoyle**__**[@mckennalong.com](mailto:sdees@mckennalong.com)**_