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United States · Bill · S

S. 2207 (103rd)

Federal Acquisition Streamlining Act of 1994

openUnited States· United States Congress· EN

Introduced

20 June 1994

Last action

—

Status

Held at the desk.

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Subjects

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Source updated

14 January 2025

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Summary

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Subtitle C: Miscellaneous Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Miscellaneous Provisions Title X: Effective Dates and Implementation Title IX (sic): Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers Federal Acquisition Streamlining Reform Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and to disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. (Sec. 1004) Repeals: (1) expiring authority for the Secretary of Defense (DOD Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts for advisory and assistance services; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 1005) Authorizes an agency head to use noncompetitive procedures when necessary to procure expert services for use in any actual or reasonably foreseeable litigation or dispute involving the Federal Government. (Sec. 1012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 1013) Requires: (1) notice to all offerors not awarded a contract as soon as practicable after the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within three days after a competitive award; and (3) the head of the procuring activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 1016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. (Sec. 1017) Authorizes an agency head to use specified two-phase selection procedures for contracting for property or services acquisition when three or more offers will be received for the contract, substantial design work must be performed before an offeror can develop a price or cost proposal for it, and the offerors will incur a substantial amount of expenses in preparing the offers. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. (Sec. 1056) Specifies conditions for the use of noncompetitive procedures in the case of a follow-on lease for continued occupancy of particular space in real property leased by a Federal agency. (Sec. 1072) Specifies conditions under which agency heads may enter into multiyear contracts for property or services acquisition. (Sec. 1073) Authorizes agency heads to contract for severable services for periods beginning in one fiscal year and ending in the next, so long as the contract period (regardless of any option to extend) does not exceed one year. (Sec. 1074) Requires revision of the Federal Acquisition Regulation (FAR) with respect to Economy Act purchases of goods and services by a Federal agency under contracts entered into or administered by another agency. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator of the Office of Federal Procurement Policy to prescribe guidelines for Federal agency consideration of the past contract performance of offerors in awarding contracts. (Sec. 1092) Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. Sets forth a formula for annual adjustments to threshold amounts. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirements for commercial item cost or pricing data that applies where competition is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 1301) Consolidates the R&D authority of DOD and the military departments and repeals redundant and obsolete research authority. (Sec. 1302) Repeals specified R&D milestone requirements for certain defense research activities. Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment; (5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frames calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims (Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 1436) Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to OFPPA; and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Authorizes the GSA Administrator to provide for the use of Federal supply schedules or other contracts upon request by State or local governments, the District of Columbia, the Commonwealth of Puerto Rico, or Indian tribal governments. Denies such entities any authorization to order existing stock or inventory from Federal supply depots. Authorizes the GSA Administrator to provide specified procurement, warehousing, and related services, upon request, to any qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing and performance-based payments, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) repeal the mandate for the CG's evaluation of DOD's implementation of allowable cost of defense contract requirements; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 2102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III: Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. (Sec. 2192) Requires the Federal Acquisition Regulatory Council to amend the cost principle in the FAR to declare that costs made specifically unallowable under it are not allowable under any other cost principle. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Amends OFPPA to exempt from cost accounting standards any firm fixed-price contract or subcontract for commercial items excepted from specified requirements to provide cost or pricing data. (Sec. 2302) Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. Part II: Acquisitions Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Prohibits payment upon request of any equitable adjustment to contract terms or of specified relief that exceeds the simplified acquisition threshold unless the authorized person on behalf of the contractor certifies the request is in good faith and the supporting data, to the certifier's knowledge and belief, are accurate and complete. (Sec. 2501) Restricts future payment under law of subject agency contract claims. (Sec. 2502) Increases the period for submission of certain shipbuilding claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. Grants exclusive Federal jurisdiction to the United States Court of Federal Claims over any civil action or claim against the United States relating in any manner to a contract to which the Contract Disputes Act of 1978 applies. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims (except claims by the Government against a contractor based on a contractor claim involving fraud) to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims and accelerated procedures; (4) reduce the period for filing claim actions in Claims Court; (5) extend alternative dispute resolution authority; and (6) authorize district courts to request a board of contract appeals to provide the court with an advisory opinion on the matters of contract interpretation at issue. (Sec. 2554) Requires the FAR to include certain requirements for expedited resolution of contract administration complaints received from small business concerns. Title III: Service Specific and Major Systems Statutes - Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Declares that the Director of Operational Test and Evaluation (OTE Director) shall report directly to the Secretary of Defense. (Sec. 3012) Makes the OTE Director responsible for DOD's live fire testing activities. (Sec. 3013) Requires the OTE Director to submit to the Congress an unclassified as well as any classified version of the annual OTE report. Subtitle C: Service Specific Laws - Amends Federal law to allow the DOD Secretary to accept the gratuitous services of an officer of a reserve component (other than of the Air or Army National Guard) in consultation upon matters relating to the armed forces. (Sec. 3022) Authorizes the DOD Secretary and the secretaries of the military departments, in specified circumstances, to rent samples, drawings, and manufacturing or other information to others. (Sec. 3023) Authorizes the Secretary of the Air Force to contract for the use of military installations, for specified purposes, by Civil Reserve Air Fleet contractors. (Sec. 3024) Authorizes the international exchange of scientific personnel. (Sec. 3025) Repeals the authority of the Secretary of the Navy to make expenditures from any naval appropriation for scientific investigations and research. (Sec. 3026) Repeals: (1) a specified prohibition with respect to the assignment of naval vessel conversion, alteration, and repair projects; and (2) the requirement for construction of naval vessels on the Pacific Coast. (Sec. 3029) Revises requirements with respect to naval salvage facilities. Subtitle D: Department of Defense Commercial and Industrial Activities - Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. (Sec. 3051) Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Revises authority for storage, handling, and distribution of liquid fuels or natural gas. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals certain requirements regarding product evaluation activities. (Sec. 3083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. (Sec. 3084) Denies application to U.S.-manufactured soft drinks of the DOD Secretary's authority to provide for noncompetitive procurement of supplies and services from exchange stores outside the United States. (Sec. 3085) Amends Federal law to repeal a preference for procurement of recycled toner cartridges. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under FAR for acquisitions under SAT. (Sec. 4013) Requires SAT to provide for certain fast payment procedures and for disbursement of payment through electronic fund transfer, whenever circumstances permit. (Sec. 4014) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 4015) Authorizes the Administrator for Federal Procurement Policy to develop and implement a Federal Government-wide architecture or design for electronic commerce having specified capabilities, including interoperability among users. Part III: Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA to authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 4022) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, the prohibition against persons convicted of defense-contract related felonies, and requirements for audits, supplier and supply source identification; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988. Requires FAR to provide alternatives to payment bonds as payment protection for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 4081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Repeals: (1) certain reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. (Sec. 4101) Repeals redundant requirements under FPASA regarding DBA and WHA applicability. (Sec. 4102) Amends SBA to repeal specified priorities for the award of Federal contracts and subcontracts to small businesses based on their relation to labor surplus areas. (Sec. 4103) Allows agency heads to: (1) restrict competition for certain non-defense contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (2) use a price evaluation preference of up to ten percent when evaluating an offer from such a concern as the result of an unrestricted solicitation. (Sec. 4104) Sets a Government-wide goal for participation by small business concerns owned and controlled by women at not less than five percent of the total value of all prime contract and subcontract awards for each fiscal year. (Sec. 4105) Directs the Administrator for Federal Procurement Policy to conduct, and report to specified congressional committees on, a comprehensive review of Federal laws to identify and catalogue all provisions defining small business concerns owned and controlled by women, minority individuals, and socially and economically disadvantaged individuals. Requires the Administrator, on the basis of such review, to develop uniform definitions for such small business concerns for purposes of authorizing their participation as prime contractors or subcontractors in certain federally awarded or funded contracts. Subtitle C: Miscellaneous Armed Services Acquisition Laws - Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 4152) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title V: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal law to declare that it is the policy of Congress that: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for its R&D and acquisition programs without reducing the performance or capabilities of the items being acquired; and (2) the average period necessary for converting an emerging technology into initial operational capability for DOD should not exceed eight years. (Sec. 5001) Directs the DOD Secretary to: (1) approve or define the cost, performance, and schedule goals for major DOD defense acquisition programs; (2) identify and consider whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (3) review the incentives and personnel actions available for encouraging excellence in the defense acquisition workforce, and provide an advanced system of such incentives. (Sec. 5002) Directs the DOD Secretary to define in regulations a simplified acquisition program cycle that is results-oriented. (Sec. 5003) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the DOD Secretary to designate specified defense acquisition programs for participation in a certain defense acquisition pilot program. Specifies actions the Secretary is to take in implementing the pilot program. Subtitle B: Civilian Agency Acquisitions - Amends FPASA to set the policy of Congress with respect to 90 percent achievement of cost and schedule goals by civilian agency heads. Requires such agency heads to establish cost, performance, and schedule goals for major acquisition programs of their agencies. (Sec. 5051) Requires the Administrator for Federal Procurement Policy to review the incentives and personnel actions available for encouraging excellence in the Federal acquisition workforce, and provide an advanced system of such incentives. (Sec. 5052) Requires the Administrator for Federal Procurement Policy to develop a results-oriented acquisition process for agency implementation in property and services acquisitions. Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch awards program to recognize and promote exceptional contract performance by Federal contractors. (Sec. 5092) Amends Federal law with respect to military department authority to acquire certain items to: (1) repeal the authority to acquire designs, processes, and manufacturing data; (2) add authority to acquire technical data and computer software; and (3) authorize acquisition of releases for unauthorized use of such data or software. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 6002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 6054) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Subtitle C: Whistleblower Protection - Amends Federal law to specify the actions the DOD Secretary may take against a defense contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. (Sec. 6102) Amends OFPPA to prohibit agency contractor reprisals against a contractor employee for disclosure to a Member of Congress or an authorized Federal official of information relating to a substantial violation of law involving an agency contract. Provides for investigation of reprisal complaints and specifies actions an agency head may take against a contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. Title VII: Defense Trade and Cooperation - Repeals certain Buy American Act (BAA) provisions, and provisions under the Trade Agreement Act of 1970 relating to studies of BAA waivers. (Sec. 7002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 8003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Terminates specified DOD authorities with respect to acquisition of commercial and nondevelopmental items. (Sec. 8004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 8007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Miscellaneous Provisions - Directs the CG to review and report to Congress on the independence of the legal services being provided to Inspectors General under the Inspector General Act of 1978. (Sec. 9002) Directs the GSA Administrator to issue guidelines to ensure that, to realize cost savings to the maximum extent practicable, agencies promote, encourage and facilitate the use of frequent traveler programs offered by airlines, hotels, and car rental vendors by Federal employees who engage in official air travel. (Sec. 9003) Requires Federal agencies to resolve or take corrective action on all Office of Inspector General audit report findings within at most six months after their issuance, or, in the case of audits by non-Federal auditors, within six months after the Federal Government receives the report. (Sec. 9004) Requires the issuance of regulations mandating government-wide effect for provisions for the debarment, suspension, or other exclusion of a participant in a procurement activity under FAR, or in certain nonprocurement activities. Prohibits any Federal agency from allowing a party to participate in any procurement or nonprocurement activity if another agency has debarred, suspended, or otherwise excluded that party from such participation. Title X: Effective Dates and Implementation - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided. (Sec. 10002) Sets a schedule for publication in the Federal Register of proposed changes to FAR and such other proposed regulations (or changes to existing regulations) as may be necessary to implement this division. (Sec. 10003) Requires the CG to report to specified congressional committees on compliance with such the requirements of this title for issuance and implementation of regulations. (Sec. 10004) Requires modification of the Federal Procurement Data System to collect specified data from contracts exceeding SAT. Title IX (sic): Waiver of the Application of the Prevailing Wage-setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Waives application of Davis-Bacon Act prevailing wage-setting requirements to certain volunteers who: (1) perform a service on a federally-assisted public works or public construction project for a public or private entity for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation other than specified expenses, reasonable benefits, or a nominal fee not tied to productivity; and (2) provide their services freely and without pressure or coercion, direct or implied, from an employer. (Sec. 11003) Declare that: (1) the contribution of service may not be for the benefit of any contractor otherwise performing or seeking to perform work on the same project; and (2) the volunteer may not be otherwise employed at any time under the federally assisted or insured contract or subcontract involved for construction with respect to the project for which the individual is volunteering. Prohibits the Secretary of Labor from approving any expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.

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