Services Acquisition Reform Act by lae18807

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									Services Acquisition
    Reform Act




     November 2004
                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)
         T&M/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
          R&D 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 (cont’d):
         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.
      (202) 496-7604
      adoyle@mckennalong.com




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