Deems the micro-purchase threshold with respect to procurements of property and services by or for executive agencies for use to facilitate the defense against terrorism or a nuclear, biological, chemical, or radiological attack against the United States or a technological attack against a national security system (NBCRT attack) to be $25,000 during FY 2002 and 2003 (currently $2,500).
Permits executive agencies to apply to the procurement of property and services during FY 2002 and 2003 for such purposes specified provisions of law relating to the procurement of commercial items, including special simplified acquisition procedures, without regard to: (1) whether the property and services are commercial items; or (2) the $5 million limitation on the use of such procedures.
Requires executive agencies to use streamlined acquisition authorities and procedures for acquisitions during FY 2002 and 2003 of property and services that would facilitate the defense against terrorism or NBCRT attack.
Allows executive agencies to engage in necessary basic, applied, and advanced research and development projects that have the potential to facilitate defense against terrorism or NBCRT attack and to carry out prototype projects that meet such requirements.
Directs executive agencies to conduct market research to identify the capabilities, including those of small businesses and new Federal contractors, that are available in the marketplace in furtherance of defense against terrorism or such an attack.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1780 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1780
To provide increased flexibility Governmentwide for the procurement of
property and services to facilitate the defense against terrorism, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 6, 2001
Mr. Thompson (for himself and Mr. Warner) introduced the following
bill; which was read twice and referred to the Committee on
Governmental Affairs
_______________________________________________________________________
A BILL
To provide increased flexibility Governmentwide for the procurement of
property and services to facilitate the defense against terrorism, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Emergency Procurement
Flexibility Act of 2001''.
SEC. 2. CONTRACTING FOR HUMANITARIAN OR PEACEKEEPING OPERATIONS AND
CONTINGENCY OPERATIONS.
(a) Increased Threshold for Simplified Acquisitions.--Section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is
amended to read as follows:
``(11)(A) Except as provided in subparagraph (B), the term
`simplified acquisition threshold' means $100,000.
``(B) The term `simplified acquisition threshold' means an
amount equal to five times the amount specified in subparagraph
(A) in the case of a contract to be awarded and performed, or
purchase to be made, in support of--
``(i) a military operation (not including routine
training, force rotation, or stationing) in support of
the provision of humanitarian or foreign disaster
assistance or in support of a peacekeeping operation
under chapter VI or VII of the Charter of the United
Nations; or
``(ii) a contingency operation (as defined in
section 101(a)(13) of title 10, United States Code).''.
(b) Conforming Amendments.--
(1) Federal property and administrative services act of
1949.--Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)) is
amended--
(A) in paragraph (1)--
(i) by striking ``(1)''; and
(ii) by striking ``, except that,'' and all
that follows through ``section 4 of such Act'';
and
(B) by striking paragraph (2).
(2) Title 10, united states code.--Section 2302(7) of title
10, United States Code, is amended by striking ``, except
that,'' and all that follows through ``section 4 of such Act''.
SEC. 3. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS.
In the administration of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) during fiscal years 2002 and
2003 with respect to procurements of property or services by or for an
executive agency for use to facilitate the defense against terrorism or
NBCRT attack, as determined by the head of the executive agency, the
amount specified in subsections (c), (d), and (f) of such section shall
be deemed to be $25,000.
SEC. 4. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN
PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) in the
procurement of property or services during fiscal years 2002
and 2003 by or for the executive agency for use to facilitate
defense against terrorism or NBCRT attack, as determined by the
head of the executive agency, without regard to whether the
property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States
Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified Acquisition
Procedures.--
(1) In general.--The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10,
United States Code, and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property or
services to which any of the provisions of law referred to in
subsection (a) are applied under the authority of this section.
(2) OMB guidance.--The Director of the Office of Management
and Budget shall issue guidance and procedures for the use of
simplified acquisition procedures for a purchase of property or
services in excess of $5,000,000 under the authority of this
section.
(c) Continuation of Authority for Simplified Purchase Procedures.--
Authority under a provision of law referred to in subsection (a)(2)
that expires under section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall,
notwithstanding such section, continue to apply for use by the head of
an executive agency as provided in subsections (a) and (b).
SEC. 5. USE OF STREAMLINED PROCEDURES.
The head of an executive agency shall, when appropriate, use
streamlined acquisition authorities and procedures authorized by law
for an acquisition, during fiscal years 2002 and 2003, of property or
services that, as determined by such official, would facilitate the
defense against terrorism or NBCRT attack, including authorities and
procedures that are provided under the following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and Administrative
Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 303 (41 U.S.C. 253), relating to use of
procedures other than competitive procedures under
certain circumstances (subject to subsection (e) of
such section).
(B) Section 303J (41 U.S.C. 253j), relating to
orders under task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 2304, relating to use of procedures
other than competitive procedures under certain
circumstances (subject to subsection (e) of such
section).
(B) Section 2304c, relating to orders under task
and delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to
inapplicability of a requirement for procurement notice.
SEC. 6. CERTAIN RESEARCH AND DEVELOPMENT BY CIVILIAN AGENCIES.
(a) Authority.--
(1) In general.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is
amended by adding at the end the following new section:
``SEC. 317. RESEARCH AND DEVELOPMENT TO FACILITATE DEFENSE AGAINST
TERRORISM OR NBCRT ATTACK.
``(a) Authority.--
``(1) In general.--The head of an executive agency may
engage in basic research, applied research, advanced research,
and development projects that--
``(A) are necessary to the responsibilities of such
official's executive agency in the field of research
and development; and
``(B) have the potential to facilitate defense
against terrorism or NBCRT attack.
``(2) Authorized means.--To engage in projects authorized
under paragraph (1), the head of an executive agency may
exercise the same authority (subject to the same restrictions
and conditions) as the Secretary of Defense may exercise under
sections 2358 and 2371 of title 10, United States Code, except
for subsections (b), (f), and (g) of such section 2371.
``(3) Applicability to selected executive agencies.--The
head of an executive agency may exercise authority under this
subsection only if authorized by the Director of the Office of
Management and Budget to do so.
``(b) NBCRT Attack Defined.--In this section, the term `NBCRT
attack' means a nuclear, biological, chemical, or radiological attack
on the United States, or a technological attack on a national security
system (as defined in section 5142 of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 40 U.S.C. 1452)).
``(c) Annual Report.--The annual report of the head of an executive
agency that is required under subsection (h) of section 2371 of title
10, United States Code, as applied to the head of an executive agency
by subsection (a), shall be submitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives.
``(d) Regulations.--The Director of the Office of Management and
Budget shall prescribe regulations to carry out this section.''.
(2) Clerical amendment.--The table of sections in section
1(b) is amended by inserting after the item relating to section
316 the following new item:
``Sec. 317. Research and development to facilitate defense
against terrorism or NBCRT attack.''.
(b) Temporary Authority for Carrying Out Certain Prototype
Projects.--
(1) In general.--The head of an executive agency designated
by the Director of the Office of Management and Budget to do so
may, under the authority of section 317 of the Federal Property
and Administrative Services Act of 1949 (as added by subsection
(a)), carry out prototype projects that meet the requirements
of subparagraphs (A) and (B) of subsection (a)(1) of such
section in accordance with the same requirements and conditions
as are provided for carrying out prototype projects under
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
(2) Conforming authority.--In the application of the
requirements and conditions of section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note) to the administration of authority
under paragraph (1)--
(A) subsection (c) of such section shall apply with
respect to prototype projects carried out under this
subsection; and
(B) the Director of the Office of Management and
Budget shall perform the function of the Secretary of
Defense under subsection (d) of such section.
SEC. 7. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE.
The head of each executive agency shall conduct market research on
an ongoing basis to identify effectively the capabilities, including
the capabilities of small businesses and new entrants into Federal
contracting, that are available in the marketplace for meeting the
requirements of the executive agency in furtherance of defense against
terrorism or NBCRT attack. The head of the executive agency shall, to
the maximum extent practicable, take advantage of commercially
available market research methods, including use of commercial
databases, to carry out the research.
SEC. 8. DEFINITIONS.
In this Act:
(1) NBCRT attack.--The term ``NBCRT attack'' means a
nuclear, biological, chemical, or radiological attack against
the United States, or a technological attack against a national
security system (as defined in section 5142 of the Clinger-
Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40
U.S.C. 1452)).
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12553)
Read twice and referred to the Committee on Governmental Affairs.
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