H. R. 1530—487
‘‘(G) Competitive range determinations that identify
proposals that have a reasonable chance of being selected
for award of a contract.
‘‘(H) Rankings of bids, proposals, or competitors.
‘‘(I) The reports and evaluations of source selection
panels, boards, or advisory councils.
‘‘(J) Other information marked as ‘source selection
information’ based on a case-by-case determination by the
head of the agency, his designee, or the contracting officer
that its disclosure would jeopardize the integrity or success-
ful completion of the Federal agency procurement to which
the information relates.
‘‘(3) The term ‘Federal agency’ has the meaning provided
such term in section 3 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 472).
‘‘(4) The term ‘Federal agency procurement’ means the
acquisition (by using competitive procedures and awarding a
contract) of goods or services (including construction) from non-
Federal sources by a Federal agency using appropriated funds.
‘‘(5) The term ‘contracting officer’ means a person who,
by appointment in accordance with applicable regulations, has
the authority to enter into a Federal agency procurement con-
tract on behalf of the Government and to make determinations
and findings with respect to such a contract.
‘‘(6) The term ‘protest’ means a written objection by an
interested party to the award or proposed award of a Federal
agency procurement contract, pursuant to subchapter V of chap-
ter 35 of title 31, United States Code.
‘‘(g) LIMITATION ON PROTESTS.—No person may file a protest
against the award or proposed award of a Federal agency procure-
ment contract alleging a violation of subsection (a), (b), (c), or
(d), nor may the Comptroller General of the United States consider
such an allegation in deciding a protest, unless that person reported
to the Federal agency responsible for the procurement, no later
than 14 days after the person first discovered the possible violation,
the information that the person believed constitutes evidence of
the offense.
‘‘(h) SAVINGS PROVISIONS.—This section does not—
‘‘(1) restrict the disclosure of information to, or its receipt
by, any person or class of persons authorized, in accordance
with applicable agency regulations or procedures, to receive
that information;
‘‘(2) restrict a contractor from disclosing its own bid or
proposal information or the recipient from receiving that
information;
‘‘(3) restrict the disclosure or receipt of information relating
to a Federal agency procurement after it has been canceled
by the Federal agency before contract award unless the Federal
agency plans to resume the procurement;
‘‘(4) prohibit individual meetings between a Federal agency
employee and an offeror or potential offeror for, or a recipient
of, a contract or subcontract under a Federal agency procure-
ment, provided that unauthorized disclosure or receipt of
contractor bid or proposal information or source selection
information does not occur;
‘‘(5) authorize the withholding of information from, nor
restrict its receipt by, Congress, a committee or subcommittee
H. R. 1530—488
of Congress, the Comptroller General, a Federal agency, or
an inspector general of a Federal agency;
‘‘(6) authorize the withholding of information from, nor
restrict its receipt by, the Comptroller General of the United
States in the course of a protest against the award or proposed
award of a Federal agency procurement contract; or
‘‘(7) limit the applicability of any requirements, sanctions,
contract penalties, and remedies established under any other
law or regulation.’’.
(b) REPEALS.—The following provisions of law are repealed:
(1) Sections 2397, 2397a, 2397b, and 2397c of title 10,
United States Code.
(2) Section 33 of the Federal Energy Administration Act
of 1974 (15 U.S.C. 789).
(3) Section 281 of title 18, United States Code.
(4) Subsection (c) of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428).
(5) The first section 19 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5918).
(6) Part A of title VI of the Department of Energy Organiza-
tion Act and its catchline (42 U.S.C. 7211, 7212, and 7218).
(7) Section 308 of the Energy Research and Development
Administration Appropriation Authorization Act for Fiscal Year
1977 (42 U.S.C. 5816a).
(8) Section 522 of the Energy Policy and Conservation
Act (42 U.S.C. 6392).
(c) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of chapter 141
of title 10, United States Code, is amended by striking out
the items relating to sections 2397, 2397a, 2397b, and 2397c.
(2) The table of sections at the beginning of chapter 15
of title 18, United States Code, is amended by striking out
the item relating to section 281.
(3) Section 32 of the Office of Federal Procurement Policy
Act (41 U.S.C. 428) is amended by redesignating subsections
(d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respec-
tively.
(4) The table of contents for the Department of Energy
Organization Act is amended by striking out the items relating
to part A of title VI including sections 601 through 603.
(5) The table of contents for the Energy Policy and Con-
servation Act is amended by striking out the item relating
to section 522.
SEC. 4305. FURTHER ACQUISITION STREAMLINING PROVISIONS.
(a) PURPOSE OF OFFICE OF FEDERAL PROCUREMENT POLICY.—
(1) REVISED STATEMENT OF PURPOSE.—Section 5(a) of the
Office of Federal Procurement Policy Act (41 U.S.C. 404) is
amended to read as follows:
‘‘(a) There is in the Office of Management and Budget an
Office of Federal Procurement Policy (hereinafter referred to as
the ‘Office’) to provide overall direction of Government-wide procure-
ment policies, regulations, procedures, and forms for executive agen-
cies and to promote economy, efficiency, and effectiveness in the
procurement of property and services by the executive branch of
the Federal Government.’’.
H. R. 1530—489
(2) REPEAL OF FINDINGS, POLICIES, AND PURPOSES.—Sec-
tions 2 and 3 of such Act (41 U.S.C. 401 and 402) are repealed.
(b) REPEAL OF REPORT REQUIREMENT.—Section 8 of the Office
of Federal Procurement Policy Act (41 U.S.C. 407) is repealed.
(c) OBSOLETE PROVISIONS.—
(1) RELATIONSHIP
TO
FORMER
REGULATIONS.—Section 10
of the Office of Federal Procurement Policy Act (41 U.S.C.
409) is repealed.
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 11 of such
Act (41 U.S.C. 410) is amended to read as follows:
‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated for the Office of Federal
Procurement Policy each fiscal year such sums as may be necessary
for carrying out the responsibilities of that office for such fiscal
year.’’.
(d) CLERICAL AMENDMENTS.—The table of contents for the Office
of Federal Procurement Policy Act (contained in section 1(b)) is
amended by striking out the items relating to sections 2, 3, 8,
and 10.
SEC. 4306. VALUE ENGINEERING FOR FEDERAL AGENCIES.
(a) USE
OF
VALUE
ENGINEERING.—The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), as amended by
section 4203, is further amended by adding at the end the following
new section:
‘‘SEC. 36. VALUE ENGINEERING.
‘‘(a) IN GENERAL.—Each executive agency shall establish and
maintain cost-effective value engineering procedures and processes.
‘‘(b) DEFINITION.—As used in this section, the term ‘value
engineering’ means an analysis of the functions of a program,
project, system, product, item of equipment, building, facility, serv-
ice, or supply of an executive agency, performed by qualified agency
or contractor personnel, directed at improving performance, reliabil-
ity, quality, safety, and life cycle costs.’’.
(b) CLERICAL AMENDMENT.—The table of contents for such Act,
contained in section 1(b), is amended by adding at the end the
following new item:
‘‘Sec. 36. Value engineering.’’.
SEC. 4307. ACQUISITION WORKFORCE.
(a) ACQUISITION
WORKFORCE.—(1) The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), as amended by
section 4306, is further amended by adding at the end the following
new section:
‘‘SEC. 37. ACQUISITION WORKFORCE.
‘‘(a) APPLICABILITY.—This section does not apply to an executive
agency that is subject to chapter 87 of title 10, United States
Code.
‘‘(b) MANAGEMENT POLICIES.—
‘‘(1) POLICIES AND PROCEDURES.—The head of each execu-
tive agency, after consultation with the Administrator for Fed-
eral Procurement Policy, shall establish policies and procedures
for the effective management (including accession, education,
training, career development, and performance incentives) of
the acquisition workforce of the agency. The development of
H. R. 1530—490
acquisition workforce policies under this section shall be carried
out consistent with the merit system principles set forth in
section 2301(b) of title 5, United States Code.
‘‘(2) UNIFORM IMPLEMENTATION.—The head of each execu-
tive agency shall ensure that, to the maximum extent
practicable, acquisition workforce policies and procedures estab-
lished are uniform in their implementation throughout the
agency.
‘‘(3) GOVERNMENT-WIDE
POLICIES
AND
EVALUATION.—The
Administrator 
shall 
issue 
policies 
to 
promote 
uniform
implementation of this section by executive agencies, with due
regard for differences in program requirements among agencies
that may be appropriate and warranted in view of the agency
mission. The Administrator shall coordinate with the Deputy
Director for Management of the Office of Management and
Budget to ensure that such policies are consistent with the
policies and procedures established and enhanced system of
incentives provided pursuant to section 5051(c) of the Federal
Acquisition Streamlining Act of 1994 (41 U.S.C. 263 note).
The Administrator shall evaluate the implementation of the
provisions of this section by executive agencies.
‘‘(c) SENIOR
PROCUREMENT
EXECUTIVE
AUTHORITIES
AND
RESPONSIBILITIES.—Subject to the authority, direction, and control
of the head of an executive agency, the senior procurement executive
of the agency shall carry out all powers, functions, and duties
of the head of the agency with respect to implementation of this
section. The senior procurement executive shall ensure that the
policies of the head of the executive agency established in accord-
ance with this section are implemented throughout the agency.
‘‘(d) MANAGEMENT INFORMATION SYSTEMS.—The Administrator
shall ensure that the heads of executive agencies collect and main-
tain standardized information on the acquisition workforce related
to implementation of this section. To the maximum extent prac-
ticable, such data requirements shall conform to standards estab-
lished by the Office of Personnel Management for the Central
Personnel Data File.
‘‘(e) APPLICABILITY TO ACQUISITION WORKFORCE.—The programs
established by this section shall apply to the acquisition workforce
of each executive agency. For purposes of this section, the acquisi-
tion workforce of an agency consists of all employees serving in
acquisition positions listed in subsection (g)(1)(A).
‘‘(f) CAREER DEVELOPMENT.—
‘‘(1) CAREER PATHS.—The head of each executive agency
shall ensure that appropriate career paths for personnel who
desire to pursue careers in acquisition are identified in terms
of the education, training, experience, and assignments nec-
essary for career progression to the most senior acquisition
positions. The head of each executive agency shall make
information available on such career paths.
‘‘(2) CRITICAL DUTIES AND TASKS.—For each career path,
the head of each executive agency shall identify the critical
acquisition-related duties and tasks in which, at minimum,
employees of the agency in the career path shall be competent
to perform at full performance grade levels. For this purpose,
the head of the executive agency shall provide appropriate
coverage of the critical duties and tasks identified by the Direc-
tor of the Federal Acquisition Institute.