Services Acquisition Reform Act

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Services AcquisitionReform Act

• November 2004

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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 (107th, HR. 3832)

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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)

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Services Acquisition Reform Act

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

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Services Acquisition Reform Act

• Key Provisions (cont)
• Gave Other Transaction Authority (both RD 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)

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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

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Services Acquisition Reform Act

• What did not make the cut (contd)
• IT Workforce/Government Exchange Program
• Easing the Rules for Procurement of Foreign IT
• Adjusting Simplified Acquisition Threshold for
  Inflation

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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

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ASIA Provisions in DOD Authorization

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

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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)

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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)

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Procurement Reform Issues Pending

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

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Contacts
Alison L. Doyle, Esq. [phone] adoyle_at_mck
ennalong.com