H. R. 1530—518
under the process and any oral presentations made by,
and any discussions with, the offerors.
(9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection
process consisting of the following:
(A) Identification of the most qualified source, and
ranking of alternative sources, primarily on the basis of
the oral proposals, presentations, and discussions, and writ-
ten proposals submitted in accordance with paragraph (7).
(B) Conduct for 30 to 60 days of a program definition
phase (funded, in the case of the source ultimately awarded
the contract, by the Federal Government)—
(i) during which the selected source, in consulta-
tion with one or more intended users, develops a
conceptual system design and technical approach,
defines logical phases for the project, and estimates
the total cost and the cost for each phase; and
(ii) after which a contract for performance of the
work may be awarded to that source on the basis
of cost, the responsiveness, reasonableness, and quality
of the proposed performance, and a sharing of risk
and benefits between the source and the Government.
(C) Conduct of as many successive program definition
phases with alternative sources (in the order ranked) as
is necessary in order to award a contract in accordance
with subparagraph (B).
(10) 
SYSTEM
IMPLEMENTATION
PHASING.—System
implementation to be executed in phases that are tailored to
the solution, with various contract arrangements being used,
as appropriate, for various phases and activities.
(11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the
Federal Government or the contractor to terminate the contract
without penalty at the end of any phase defined for the project.
(12) TIME
MANAGEMENT
DISCIPLINE.—Application of a
standard for awarding a contract within 105 to 120 days after
issuance of the solicitation.
(d) PILOT PROGRAM DESIGN.—
(1) JOINT PUBLIC-PRIVATE WORKING GROUP.—The Adminis-
trator, in consultation with the Administrator for the Office
of Information and Regulatory Affairs, shall establish a joint
working group of Federal Government personnel and represent-
atives of the information technology industry to design a plan
for conduct of any pilot program carried out under this section.
(2) CONTENT
OF
PLAN.—The plan shall provide for use
of solutions-based contracting in the Department of Defense
and not more than two other executive agencies for a total
of—
(A) not more than 10 projects, each of which has an
estimated cost of between $25,000,000 and $100,000,000;
and
(B) not more than 10 projects, each of which has an
estimated cost of between $1,000,000 and $5,000,000, to
be set aside for small business concerns.
(3) COMPLEXITY OF PROJECTS.—(A) Subject to subparagraph
(C), each acquisition project under the pilot program shall
be sufficiently complex to provide for meaningful evaluation
of the use of solutions-based contracting for acquisition of
information technology for executive agencies.
H. R. 1530—519
(B) In order for an acquisition project to satisfy the require-
ment in subparagraph (A), the solution for attainment of the
executive agency’s objectives under the project should not be
obvious, but rather shall involve a need for some innovative
development and systems integration.
(C) An acquisition project should not be so extensive or
lengthy as to result in undue delay in the evaluation of the
use of solutions-based contracting.
(e) MONITORING
BY GAO.—The Comptroller General of the
United States shall—
(1) monitor the conduct, and review the results, of acquisi-
tions under the pilot program; and
(2) submit to Congress periodic reports containing the views
of the Comptroller General on the activities, results, and find-
ings under the pilot program.
TITLE LIV—ADDITIONAL INFORMATION
RESOURCES MANAGEMENT MATTERS
SEC. 5401. ON-LINE MULTIPLE AWARD SCHEDULE CONTRACTING.
(a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACT-
ING.—In order to provide for the economic and efficient procurement
of information technology and other commercial items, the Adminis-
trator of General Services shall provide through the Federal Acquisi-
tion Computer Network (in this section referred to as ‘‘FACNET’’),
not later than January 1, 1998, Government-wide on-line computer
access to information on products and services that are available
for ordering under the multiple award schedules. If the Adminis-
trator determines it is not practicable to provide such access through
FACNET, the Administrator shall provide such access through
another automated system that has the capability to perform the
functions listed in subsection (b)(1) and meets the requirement
of subsection (b)(2).
(b) ADDITIONAL FACNET FUNCTIONS.—(1) In addition to the
functions specified in section 30(b) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 426(b)), the FACNET architecture shall
have the capability to perform the following functions:
(A) Provide basic information on prices, features, and
performance of all products and services available for ordering
through the multiple award schedules.
(B) Provide for updating that information to reflect changes
in prices, features, and performance as soon as information
on the changes becomes available.
(C) Enable users to make on-line computer comparisons
of the prices, features, and performance of similar products
and services offered by various vendors.
(2) The FACNET architecture shall be used to place orders
under the multiple award schedules in a fiscal year for an amount
equal to at least 60 percent of the total amount spent for all
orders under the multiple award schedules in that fiscal year.
(c) STREAMLINED PROCEDURES.—
(1) PILOT PROGRAM.—Upon certification by the Adminis-
trator of General Services that the FACNET architecture meets
the requirements of subsection (b)(1) and was used as required
by subsection (b)(2) in the fiscal year preceding the fiscal year
in which the certification is made, the Administrator for Federal
H. R. 1530—520
Procurement Policy may establish a pilot program to test
streamlined procedures for the procurement of information tech-
nology products and services available for ordering through
the multiple award schedules.
(2) APPLICABILITY
TO
MULTIPLE
AWARD
SCHEDULE
CON-
TRACTS.—Except as provided in paragraph (4), the pilot program
shall be applicable to all multiple award schedule contracts
for the purchase of information technology and shall test the
following procedures:
(A) A procedure under which negotiation of the terms
and conditions for a covered multiple award schedule con-
tract is limited to terms and conditions other than price.
(B) A procedure under which the vendor establishes
the prices under a covered multiple award schedule con-
tract and may adjust those prices at any time in the
discretion of the vendor.
(C) A procedure under which a covered multiple award
schedule contract is awarded to any responsible offeror
that—
(i) has a suitable record of past performance, which
may include past performance on multiple award
schedule contracts;
(ii) agrees to terms and conditions that the
Administrator determines as being required by law
or as being appropriate for the purchase of commercial
items; and
(iii) agrees to establish and update prices, features,
and performance and to accept orders electronically
through the automated system established pursuant
to subsection (a).
(3) COMPTROLLER GENERAL REVIEW AND REPORT.—(A) Not
later than three years after the date on which the pilot program
is established, the Comptroller General of the United States
shall review the pilot program and report to the Congress
on the results of the pilot program.
(B) The report shall include the following:
(i) An evaluation of the extent to which there is com-
petition for the orders placed under the pilot program.
(ii) The effect that the streamlined procedures under
the pilot program have on prices charged under multiple
award schedule contracts.
(iii) The effect that such procedures have on paperwork
requirements for multiple award schedule contracts and
orders.
(iv) The impact of the pilot program on small
businesses and socially and economically disadvantaged
small businesses.
(4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE
FROM
PILOT
PROGRAM.—The Administrator may withdraw a
multiple award schedule or portion of a schedule from the
pilot program if the Administrator determines that (A) price
competition is not available under such schedule or portion
thereof, or (B) the cost to the Government for that schedule
or portion thereof for the previous year was higher than it
would have been if the contracts for such schedule or portion
thereof had been awarded using procedures that would apply
if the pilot program were not in effect. The Administrator
H. R. 1530—521
shall notify Congress at least 30 days before the date on which
the Administrator withdraws a schedule or portion thereof
under this paragraph. The authority under this paragraph may
not be delegated.
(5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized
by law, the authority of the Administrator to award contracts
under the pilot program shall expire four years after the date
on which the pilot program is established. Contracts entered
into before the authority expires shall remain in effect in accord-
ance with their terms notwithstanding the expiration of the
authority to award new contracts under the pilot program.
(d) DEFINITION.—In this section, the term ‘‘FACNET’’ means
the Federal Acquisition Computer Network established under sec-
tion 30 of the Office of Federal Procurement Policy Act (41 U.S.C.
426).
SEC. 5402. IDENTIFICATION OF EXCESS AND SURPLUS COMPUTER
EQUIPMENT.
Not later than six months after the date of the enactment
of this Act, the head of an executive agency shall inventory all
computer equipment under the control of that official. After comple-
tion of the inventory, the head of the executive agency shall main-
tain, in accordance with title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.), an
inventory of any such equipment that is excess or surplus property.
SEC. 5403. ACCESS OF CERTAIN INFORMATION IN INFORMATION SYS-
TEMS TO THE DIRECTORY ESTABLISHED UNDER SECTION
4101 OF TITLE 44, UNITED STATES CODE.
Notwithstanding any other provision of this division, if in
designing an information technology system pursuant to this divi-
sion, the head of an executive agency determines that a purpose
of the system is to disseminate information to the public, then
the head of such executive agency shall reasonably ensure that
an index of information disseminated by such system is included
in the directory created pursuant to section 4101 of title 44, United
States Code. Nothing in this section authorizes the dissemination
of information to the public unless otherwise authorized.
TITLE 
LV—PROCUREMENT 
PROTEST
AUTHORITY OF THE COMPTROLLER
GENERAL
SEC. 5501. PERIOD FOR PROCESSING PROTESTS.
Title 31, United States Code, is amended as follows:
(1) Section 3553(b)(2)(A) is amended by striking out ‘‘35’’
and inserting in lieu thereof ‘‘30’’.
(2) Section 3554 is amended—
(A) in subsection (a)(1), by striking out ‘‘125’’ and
inserting in lieu thereof ‘‘100’’; and
(B) in subsection (e)—
(i) in paragraph (1), by striking out ‘‘Government
Operations’’ and inserting in lieu thereof ‘‘Government
Reform and Oversight’’; and
H. R. 1530—522
(ii) in paragraph (2), by striking out ‘‘125’’ and
inserting in lieu thereof ‘‘100’’.
SEC. 5502. AVAILABILITY OF FUNDS FOLLOWING GAO RESOLUTION
OF CHALLENGE TO CONTRACTING ACTION.
(a) IN GENERAL.—Section 1558 of title 31, United States Code,
is amended—
(1) in the first sentence of subsection (a)—
(A) by inserting ‘‘or other action referred to in sub-
section (b)’’ after ‘‘protest’’ the first place it appears;
(B) by striking out ‘‘90 working days’’ and inserting
in lieu thereof ‘‘100 days’’; and
(C) by inserting ‘‘or other action’’ after ‘‘protest’’ the
second place it appears; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
‘‘(b) Subsection (a) applies with respect to—
‘‘(1) any protest filed under subchapter V of chapter 35
of this title; or
‘‘(2) an action commenced under administrative procedures
or for a judicial remedy if—
‘‘(A) the action involves a challenge to—
‘‘(i) a solicitation for a contract;
‘‘(ii) a proposed award of a contract;
‘‘(iii) an award of a contract; or
‘‘(iv) the eligibility of an offeror or potential offeror
for a contract or of the contractor awarded the contract;
and
‘‘(B) commencement of the action delays or prevents
an executive agency from making an award of a contract
or proceeding with a procurement.’’.
(b) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 1558. Availability of funds following resolution of a formal
protest or other challenge’’.
(c) CLERICAL AMENDMENT.—The item relating to such section
in the table of sections at the beginning of chapter 15 of title
31, United States Code, is amended to read as follows:
‘‘1558. Availability of funds following resolution of a formal protest or other
challenge.’’.
TITLE LVI—CONFORMING AND
CLERICAL AMENDMENTS
SEC. 5601. AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) PROTEST FILE.—Section 2305(e) is amended by striking out
paragraph (3).
(b) MULTIYEAR CONTRACTS.—Section 2306b of such title is
amended—
(1) by striking out subsection (k); and
(2) by redesignating subsection (l) as subsection (k).
(c) LAW INAPPLICABLE TO PROCUREMENT OF INFORMATION TECH-
NOLOGY.—Section 2315 of title 10, United States Code, is amended
by striking out ‘‘Section 111’’ and all that follows through ‘‘use
of equipment or services if,’’ and inserting in lieu thereof the follow-
H. R. 1530—526
SEC. 5702. SAVINGS PROVISIONS.
(a) REGULATIONS, INSTRUMENTS, RIGHTS, AND PRIVILEGES.—
All rules, regulations, contracts, orders, determinations, permits,
certificates, licenses, grants, and privileges—
(1) which have been issued, made, granted, or allowed
to become effective by the Administrator of General Services
or the General Services Board of Contract Appeals, or by a
court of competent jurisdiction, in connection with an acquisi-
tion activity carried out under the section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759), and
(2) which are in effect on the effective date of this division,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the Director or any other authorized official, by a court
of competent jurisdiction, or by operation of law.
(b) PROCEEDINGS.—
(1) PROCEEDINGS
GENERALLY.—This division and the
amendments made by this division shall not affect any proceed-
ing, including any proceeding involving a claim, application,
or protest in connection with an acquisition activity carried
out under section 111 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 759) that is pending before
the Administrator of General Services or the General Services
Board of Contract Appeals on the effective date of this division.
(2) ORDERS.—Orders may be issued in any such proceeding,
appeals may be taken therefrom, and payments may be made
pursuant to such orders, as if this division had not been
enacted. An order issued in any such proceeding shall continue
in effect until modified, terminated, superseded, or revoked
in accordance with law by the Director or any other authorized
official, by a court of competent jurisdiction, or by operation
of law.
(3) DISCONTINUANCE OR MODIFICATION OF PROCEEDINGS NOT
PROHIBITED.—Nothing in this subsection prohibits the dis-
continuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
Act had not been enacted.
(4) OTHER AUTHORITY AND PROHIBITION.—Section 1558(a)
of title 31, United States Code, and the second sentence of
section 3552 of such title shall continue to apply with respect
to a protest process in accordance with this subsection.
(5) REGULATIONS
FOR
TRANSFER
OF
PROCEEDINGS.—The
Director may prescribe regulations providing for the orderly
transfer of proceedings continued under paragraph (1).
(c) STANDARDS AND GUIDELINES FOR FEDERAL COMPUTER SYS-
TEMS.—Standards and guidelines that are in effect for Federal
computer systems under section 111(d) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 759(d)) on
the day before the effective date of this division shall remain in
effect until modified, terminated, superseded, revoked, or dis-
approved under the authority of section 5131 of this Act.
SEC. 5703. RULES OF CONSTRUCTION.
(a) RELATIONSHIP TO TITLE 44, UNITED STATES CODE.—Nothing
in this division shall be construed to amend, modify, or supersede
H. R. 1530—527
any provision of title 44, United States Code, other than chapter
35 of such title.
(b) RELATIONSHIP TO COMPUTER SECURITY ACT OF 1987.—Noth-
ing in this division shall affect the limitations on authority that
is provided for in the administration of the Computer Security
Act of 1987 (Public Law 100–235) and the amendments made by
such Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.