Sec. 5063. FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT PROGRAM

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## SEC. 5063 FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT PROGRAM **[**[49 U.S.C. 40110 note](/us/usc/t49/s40110)**]** ###

(a)Authority The Secretary of Transportation may conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan prepared pursuant to section 44501(b) of title 49, United States Code. In conducting such test, the Secretary shall consult with the Administrator for Federal Procurement Policy. ###

(b)Pilot Program Implementation ####

(1)The Secretary of Transportation should prescribe policies and procedures for the interaction of the program manager and the end user executive responsible for the requirement for the equipment acquired. Such policies and procedures should include provisions for enabling the end user executive to participate in acceptance testing. ####

(2)Not later than 45 days after the date of enactment of this Act, the Secretary of Transportation shall identify for the pilot program quantitative measures and goals for reducing acquisition management costs. ####

(3)The Secretary of Transportation shall establish for the pilot program a review process that provides senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that— #####

(A)contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and #####

(B)reduce data requirements from the current program review reporting requirements. ###

(c)Special Authorities The authority provided by subsection

(a)shall include authority for the Secretary of Transportation— ####

(1)to apply any amendment or repeal of a provision of law made in this Act to the pilot program before the effective date of such amendment or repeal; and ####

(2)to apply to a procurement of items other than commercial items under such program— #####

(A)any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case of commercial items, and #####

(B)any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items, before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items. ###

(d)Applicability Subsection

(c)applies with respect to— ####

(1)a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act; and ####

(2)a contract that is awarded before such date and is to be performed (or may be performed), in whole or in part, after such date. ###

(e)Procedures Authorized The test conducted under this section may include any of the following procedures: ####

(1)Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening process affords all interested sources a fair opportunity to be considered. ####

(2)Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered. ####

(3)Alternative notice and publication requirements. ####

(4)A process in which— #####

(A)the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that— ######

(i)contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for purposes of guidance only, other specifications; and ######

(ii)invites any interested source to submit information or samples showing the suitability of its product for meeting those needs, together with a price quotation, or, if appropriate, showing the source's technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors); #####

(B)contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and #####

(C)a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in response to the notice or, if appropriate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A). ###

(f)Waiver of Procurement Regulations ####

(1)In conducting the test under this section, the Secretary of Transportation, with the approval of the Administrator for Federal Procurement Policy, may waive— #####

(A)any provision of the Federal Acquisition Regulation that is not required by statute; and #####

(B)any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the Administrator determines in writing to be necessary to test procedures authorized by subsection (e). ####

(2)The provisions of law referred to in paragraph

(1)are as follows: #####

(A)Subsections (e), (f), and

(g)of section 8 of the Small Business Act (15 U.S.C. 637). #####

(B)The following provisions of the Federal Property and Administrative Services Act of 1949: ######

(i)Section 303 (41 U.S.C. 253). ######

(ii)Section 303A (41 U.S.C. 253a). ######

(iii)Section 303B (41 U.S.C. 253b). ######

(iv)Section 303C (41 U.S.C. 253c). #####

(C)The following provisions of the Office of Federal Procurement Policy Act: ######

(i)Section 4(6) (41 U.S.C. 403(6)). ######

(ii)Section 18 (41 U.S.C. 416). ###

(g)Definition In this section, the term “**commercial item**” has the meaning provided that term in section 4(12) of the Office of Federal Procurement Policy Act. ###

(h)Expiration of Authority The authority to conduct the test under subsection

(a)and to award contracts under such test shall expire 4 years after the date of the enactment of this Act. Contracts entered into before such authority expires shall remain in effect, notwithstanding the expiration of the authority to conduct the test under this section. ###

(i)Rule of Construction Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test conducted pursuant to subsection (a). **[**Section 5064 was repealed by section 812(b)(42) of division A of Public Law 115–232.**]** ## Subtitle D Miscellaneous * * * * * * *

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