335
(2) A review of the feasibility of creating a Gov-
ernment-wide data base for storing, retrieving, and
analyzing market data, including use of existing Fed-
eral Government resources.
(3) Any recommendations for changes in law or
regulations that the Comptroller General considers
appropriate.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 8001. EDUCATION AND TRAINING.
Section 6(d)(5) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(d)(4)) is amended—
(1) by striking out ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking out the semicolon at the end of
subparagraph (B) and inserting in lieu thereof ‘‘;
and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) establish policies and procedures for
the establishment and implementation of edu-
cation and training programs authorized by this
Act, including the establishment and implemen-
tation of training, in conjunction with the Gen-
eral Services Administration, for critical pro-
336
curement personnel designed to increase the par-
ticipation of small business concerns owned and
controlled by socially and economically dis-
advantaged individuals, women, and other mi-
norities in procurement activities conducted by
an executive agency.’’.
SEC. 8002. DEPARTMENT OF DEFENSE ACQUISITION OF IN-
TELLECTUAL PROPERTY RIGHTS.
Section 2386 of title 10, United States Code, is amend-
ed by striking out paragraphs (3) and (4) and inserting
in lieu thereof the following:
‘‘(3) Technical data and computer software.
‘‘(4) Releases for past infringement of patents or
copyrights or for unauthorized use of technical data
or computer software.’’.
SEC. 8003. COOPERATIVE PURCHASING.
Section 201(b) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 481(b)) is amended
to read as follows:
‘‘(b)(1) The Administrator may provide any of the
services specified in subsection (a) of this section to any
other Federal agency or mixed ownership corporation (as
defined in chapter 91 of title 31, United States Code).
337
‘‘(2) The Administrator may provide for the utiliza-
tion of Federal supply schedules or other schedule contracts
by any of the following entities upon their request:
‘‘(A) The various States and their political sub-
divisions, including local governments, or any depart-
ment or agency thereof.
‘‘(B) The District of Columbia and the Common-
wealth of Puerto Rico.
‘‘(C) Indian tribal governments.
‘‘(3) The authorization provided in this subsection
shall not be construed to allow ordering of existing stock
or inventory by the entities listed in paragraph (2) from
federally owned and operated, or federally owned and con-
tractor-operated, supply depots, warehouses, or similar fa-
cilities.’’.
SEC. 8004. SENSE OF CONGRESS ON NEGOTIATED RULE-
MAKING.
(a) FINDINGS.—The Congress finds the following:
(1) The use of negotiated rulemaking or similar
policy discussion group techniques is an appropriate
tool for—
(A) fostering effective implementation of,
and compliance with, laws and regulations;
(B) avoiding litigation; and
338
(C) achieving more productive and equitable
relationships between the Federal Government
and the regulated segments of the private sector.
(2) The use of negotiated rulemaking or similar
techniques in Federal procurement regulations could
be appropriate given the extreme complexity and in-
tricate interactions between buyer and seller in Fed-
eral procurements.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that, in prescribing acquisition regulations, the Federal Ac-
quisition Regulatory Council should consider using nego-
tiated rulemaking procedures in accordance with sections
561 through 570 of title 5, United States Code, or similar
techniques intended to achieve the benefits described in sub-
section (a)(1).
SEC. 
8005. 
EXTENSION 
OF 
DEFENSE 
ACQUISITION
WORKFORCE POLICIES GOVERNMENT-WIDE.
The Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 30. MANAGEMENT POLICIES.
‘‘(a) 
REQUIREMENT
FOR
GOVERNMENT-WIDE
WORKFORCE POLICIES.—The Administrator for Federal
Procurement Policy shall extend Government-wide the de-
fense acquisition workforce policies contained in chapter 87
339
of title 10, United States Code. In extending policies Gov-
ernment-wide, the Administrator may modify such policies
as necessary to recognize differences between and among de-
fense and nondefense departments and agencies.
‘‘(b) DESIGNATION OF ACQUISITION POSITIONS.—After
consultation with the heads of agencies, the Administrator
shall establish policies and procedures for agency heads to
designate acquisition positions and to manage employees
serving in the designated acquisition positions. Such poli-
cies and procedures—
‘‘(1) shall allow agency heads to designate spe-
cific positions or categories of positions as acquisition
positions; and
‘‘(2) shall address accession, education, training,
and career development of employees serving in acqui-
sition positions.
‘‘(c) SMALL AGENCY NEEDS.—In carrying out this sec-
tion, the Administrator shall take due consideration of the
needs of small agencies in formulating and implementing
policy and programs under this section to ensure that the
benefits of such policy and programs accrue to small agen-
cies.
‘‘(d) UNIFORMITY.—(1) Subject to paragraph (2), the
Administrator shall ensure that, to the maximum extent
practicable, the acquisition workforce policies and proce-
340
dures developed pursuant to this section are uniform in
their implementation throughout the executive agencies.
‘‘(2) With respect to acquisition workforce policies and
procedures, the Department of Defense shall be subject only
to the requirements of chapter 87 of title 10, United States
Code.
‘‘(e) FEDERAL ACQUISITION INSTITUTE.—Subject to
the authority, direction and control of the Administrator,
the Director of the Federal Acquisition Institute shall en-
sure that the policies established under this section are im-
plemented throughout the Federal Government. The Admin-
istrator for General Services, with the concurrence of the
Administrator for Federal Procurement Policy, may estab-
lish such additional positions in the Federal Acquisition
Institute as may be necessary to carry out the preceding
sentence.
‘‘(f) REGULATIONS.—The Administrator shall pre-
scribe such regulations as may be necessary to carry out
the purposes of this section.’’.
SEC. 8006. VENDOR AND EMPLOYEE EXCELLENCE AWARDS.
Section 6(d) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 405(d)) is amended—
(1) by striking out the period at the end of para-
graph (10) (as redesignated by section 4011(b)(2))
and inserting in lieu thereof a semicolon; and
341
(2) by adding at the end the following new para-
graphs:
‘‘(11) providing for a Government-wide award to
recognize and promote vendor excellence; and
‘‘(12) providing for a Government-wide award to
recognize and promote excellence in officers and em-
ployees of the Federal Government serving in procure-
ment-related positions.’’.
SEC. 8007. DEPARTMENT OF DEFENSE REVIEW OF ANTI-
TRUST CASES WITH NATIONAL SECURITY IM-
PLICATIONS.
(a) IN GENERAL.—Subchapter II of chapter 148 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2508. Antitrust cases with national security impli-
cations: Secretary of Defense review
‘‘(a) REVIEW.—The Secretary of Defense shall conduct
a review of any proposed acquisition of a business concern
that is a critical United States defense supplier with respect
to which the Attorney General or the Federal Trade Com-
mission receives notice under the antitrust laws. In con-
ducting such review, the Secretary shall assess the likely ef-
fect of the proposed acquisition (if carried out) on the policy
objectives for the national technology and industrial base
(as set forth in section 2501(a) of this title) and on such
342
other considerations relating to national security as the
Secretary considers appropriate.
‘‘(b) COMMUNICATION OF VIEWS OF SECRETARY.—In
any case in which the Secretary determines, as the result
of a review and assessment under subsection (a), that a pro-
posed acquisition is likely to have an appreciable effect
(whether positive or negative) on the policy objectives for
the national technology and industrial base or on other con-
siderations relevant to national security (as determined by
the Secretary), the Secretary shall immediately commu-
nicate that determination, in writing, to the Attorney Gen-
eral and the Federal Trade Commission. The Secretary
shall include in such communication the Secretary’s evalua-
tion concerning the proposed acquisition.
‘‘(c) DEFINITION.—In this section, the term ‘critical
United States defense supplier’ means a company organized
under the laws of the United States that is—
‘‘(1) a contractor or critical subcontractor for a
major system, as defined in section 2302(9) of this
title;
‘‘(2) a contractor for a contract awarded to a
particular source pursuant to paragraph (3) of sec-
tion 2304(c) of this title for the reasons described in
clause (A) of that paragraph; or
343
‘‘(3) in such other category as the Secretary of
Defense may prescribe by regulation as being critical
to the national technology and industrial base.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘2508. Antitrust cases with national security implications: Secretary of Defense
review.’’.
SEC. 8008. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TABLE OF CONTENTS AMENDMENTS.—
(1) OFFICE OF FEDERAL PROCUREMENT POLICY
ACT.—Section 1 of the Office of Federal Procurement
Policy Act (41 U.S.C. 401 note) is amended to read
as follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Of-
fice of Federal Procurement Policy Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Declaration of policy.
‘‘Sec. 3. Findings and purpose.
‘‘Sec. 4. Definitions.
‘‘Sec. 4A. Simplified acquisition threshold.
‘‘Sec. 4B. Procedures applicable to purchases below micro-purchase threshold.
‘‘Sec. 5. Office of Federal Procurement Policy.
‘‘Sec. 6. Authority and functions of the Administrator.
‘‘Sec. 7. Administrative powers.
‘‘Sec. 8. Responsiveness to Congress.
‘‘Sec. 9. Effect on existing laws.
‘‘Sec. 10. Effect on existing regulations.
‘‘Sec. 11. Authorization of appropriations.
‘‘Sec. 12. Delegation.
‘‘Sec. 14. Access to information.
344
‘‘Sec. 15. Tests of innovative procurement methods and procedures.
‘‘Sec. 16. Executive agency responsibilities.
‘‘Sec. 18. Procurement notice.
‘‘Sec. 19. Record requirements.
‘‘Sec. 20. Advocates for competition.
‘‘Sec. 21. Rights in technical data.
‘‘Sec. 22. Publication of proposed regulations.
‘‘Sec. 23. Contracting functions performed by Federal personnel.
‘‘Sec. 24. Travel expenses of Government contractors.
‘‘Sec. 25. Federal Acquisition Regulatory Council.
‘‘Sec. 26. Cost Accounting Standards Board.
‘‘Sec. 27. Procurement integrity.
‘‘Sec. 28. Advocate for the Acquisition of Commercial Products.
‘‘Sec. 29. Federal acquisition computer network (FACNET).
‘‘Sec. 30. Management policies.’’.
(2) FEDERAL
PROPERTY
AND
ADMINISTRATIVE
SERVICES
ACT
OF
1949.—Section 1 of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 471 et seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Federal Property and Administrative Services Act of 1949’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Declaration of policy.
‘‘Sec. 3. Definitions.
‘‘TITLE I—ORGANIZATION
‘‘Sec. 101. General Services Administration.
‘‘Sec. 102. Transfer of affairs of Bureau of Federal Supply.
‘‘Sec. 103. Transfer of affairs of the Federal Works Agency.
‘‘Sec. 104. Records management: Transfer of the National Archives.
‘‘Sec. 106. Redistribution of functions.
‘‘Sec. 107. Transfer of funds.
‘‘Sec. 109. General supply fund.
‘‘Sec. 110. Information Technology Fund.
‘‘Sec. 111. Automatic data processing equipment.
‘‘Sec. 112. Federal information centers.
‘‘TITLE II—PROPERTY MANAGEMENT
‘‘Sec. 201. Procurement, warehousing, and related activities.
‘‘Sec. 202. Property utilization.
345
‘‘Sec. 203. Disposal of surplus property.
‘‘Sec. 204. Proceeds from transfer or disposition of property.
‘‘Sec. 205. Policies, regulations, and delegations.
‘‘Sec. 206. Surveys, standardization, and cataloging.
‘‘Sec. 207. Applicability of antitrust laws.
‘‘Sec. 208. Employment of personnel.
‘‘Sec. 209. Civil remedies and penalties.
‘‘Sec. 210. Operation of buildings and related activities.
‘‘Sec. 211. Motor vehicle identification and operation.
‘‘Sec. 212. Reports to Congress.
‘‘TITLE III—PROCUREMENT PROCEDURE
‘‘Sec. 301. Declaration of purpose.
‘‘Sec. 302. Application and procurement methods.
‘‘Sec. 302A. Simplified acquisition threshold.
‘‘Sec. 302B. Implementation of FACNET capability.
‘‘Sec. 303. Competition requirements.
‘‘Sec. 303A. Planning and solicitation requirements.
‘‘Sec. 303B. Evaluation and award.
‘‘Sec. 303C. Encouragement of new competition.
‘‘Sec. 303D. Validation of proprietary data restrictions.
‘‘Sec. 303F. Economic order quantities.
‘‘Sec. 303G. Prohibition of contractors limiting subcontractor sales directly to the
United States.
‘‘Sec. 304. Contract requirements.
‘‘Sec. 304A. Multiyear contracts.
‘‘Sec. 304B. Cost or pricing data: truth in negotiations.
‘‘Sec. 304C. Examination of records of contractor.
‘‘Sec. 305. Contract financing.
‘‘Sec. 306. Allowable costs.
‘‘Sec. 307. Administrative determinations and delegations.
‘‘Sec. 309. Definitions.
‘‘Sec. 310. Statutes not applicable.
‘‘Sec. 311. Cooperative agreements for basic, applied, and advanced research.
‘‘Sec. 312. Assignment and delegation of procurement functions and responsibil-
ities.
‘‘Sec. 313. Determinations and decisions.
‘‘Sec. 314. Undefinitized contractual actions: restrictions.
‘‘Sec. 315. Definitions relating to procurement of commercial items.
‘‘Sec. 315A. Preference 
for 
acquisition 
of 
commercial 
items 
and 
other
nondevelopmental items.
‘‘Sec. 315B. Pricing documentation for commercial items.
‘‘Sec. 315C. Regulations on acquisition of commercial items.
‘‘Sec. 315D. Principle of construction with future laws.
‘‘Sec. 315E. Inapplicability of certain provisions of law.
‘‘TITLE IV—FOREIGN EXCESS PROPERTY
‘‘Sec. 401. Disposal of foreign excess property.
‘‘Sec. 402. Methods and terms of disposal.
‘‘Sec. 403. Proceeds; foreign currencies.
‘‘Sec. 404. Miscellaneous provisions.
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‘‘TITLE VI—GENERAL PROVISIONS
‘‘Sec. 601. Applicability of existing procedures.
‘‘Sec. 602. Repeal and saving provisions.
‘‘Sec. 603. Authorization for appropriations and transfer of authority.
‘‘Sec. 604. Separability.
‘‘Sec. 605. Effective date.
‘‘TITLE VIII—URBAN LAND UTILIZATION
‘‘Sec. 801. Short title.
‘‘Sec. 802. Declaration of purpose and policy.
‘‘Sec. 803. Disposal of urban lands.
‘‘Sec. 804. Acquisition or change of use of real property.
‘‘Sec. 805. Waiver during national emergency.
‘‘Sec. 806. Definitions.
‘‘TITLE IX—SELECTION OF ARCHITECTS AND ENGINEERS
‘‘Sec. 901. Definitions.
‘‘Sec. 902. Policy.
‘‘Sec. 903. Requests for data on architectural and engineering services.
‘‘Sec. 904. Negotiation of contracts for architectural and engineering services.’’.
(b) AMENDMENTS FOR STYLISTIC CONSISTENCY.—
(1) OFFICE OF FEDERAL PROCUREMENT POLICY
ACT.—The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.) is amended so that the section
designation and section heading of each section of
such Act is in the same form and typeface as the sec-
tion designation and heading of this section.
(2) FEDERAL
PROPERTY
AND
ADMINISTRATIVE
SERVICES ACT OF 1949.—The Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 471
et seq.) is amended so that the section designation
and section heading of each section of such Act is in
the same form and typeface as the section designation
and heading of this section.
347
(c) REPEALS OF EXECUTED PROVISIONS.—The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)
is amended—
(1) by striking out section 13; and
(2) by striking out the first section 15.
(d) CROSS REFERENCE CORRECTIONS.—Section 3552
of title 31, United States Code, is amended—
(1) by striking out ‘‘section 111(h)’’ and insert-
ing in lieu thereof ‘‘section 111(f)’’; and
(2) by striking out ‘‘759(h)’’ and inserting in
lieu thereof ‘‘759(f)’’.
(e) CONSISTENCY OF TERMINOLOGY WITH CUSTOMARY
USAGE.—Section 304(b) of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 254(b)) is
amended by striking out ‘‘per centum’’ each place it ap-
pears and inserting in lieu thereof ‘‘percent’’.
TITLE IX—EFFECTIVE DATES
AND REGULATIONS
SEC. 9001. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act and the amendments made by this Act shall
apply with respect to any contract for which a solicitation
for bid or proposal is issued after—
348
(1) 30 days have expired after the issuance in
final form of revisions to the Federal Acquisition Reg-
ulation pursuant to section 10002; or
(2) 180 days have expired after the date of the
enactment of this Act;
whichever is earlier.
(b) SPECIFIC EFFECTIVE DATES.—(1) Titles III and
VI of this Act, and the amendments made by such titles,
shall take effect on the date of the enactment of this Act.
(2) Subtitle D of title I of this Act, and the amend-
ments made by such subtitle (relating to procurement pro-
tests), shall apply with respect to any protest filed after the
expiration of the 90-day period beginning on the date of
the enactment of this Act.
SEC. 9002. REGULATIONS.
Not later than 150 days after the date of the enactment
of this Act, the Federal Acquisition Regulation (referred to
in section 25(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 421(c))) shall be revised, in final form, to
implement this Act and the amendments made by this Act.
Amend the title so as to read: ‘‘A bill to amend title
10, United States Code, the Federal Property and Admin-
istrative Services Act of 1949, and the Office of Federal
Procurement Policy Act to improve the Federal acquisition
process, and for other purposes.’’.
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Union Calendar No. 303
103D CONGRESS
2D SESSION
H. R. 2238
[Report No. 103–545, Parts I and II]
A BILL
To amend laws relating to Federal procurement, to
authorize functions and activities under the Fed-
eral Property and Administrative Services Act of
1949, and for other purposes.
JUNE 17, 1994
Reported from the Committee on Armed Services with
amendments, committed to the Committee of the
Whole House on the State of the Union, and ordered
to be printed