Page:United States Statutes at Large Volume 108 Part 4.djvu/723

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3357 responsible for the requirement for the equipment acquired. Such poHcies 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 tins 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 commerci£j items under such program— (A) any authority provided in this Act (or in an amendment made by a provision of this Act) to wcdve 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—