Page:United States Statutes at Large Volume 108 Part 4.djvu/722

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108 STAT. 3356 PUBLIC LAW 103-355 —OCT. 13, 1994 42 USC 2473 note. 49 USC 40110 note. SEC. 5062. NASA MID-RANGE PROCUREMENT TEST PROGRAM. (a) IN GENERAL.— The Administrator of the National Aeronautics and Space Administration (in this section referred to as the "Administrator") may conduct a test of alternative notice and publication requirements for procurements conducted by the National Aeronautics and Space Administration. To the extent consistent with this section, such program shall be conducted consistent with section 15 of the Office of Federal Procurement Policy Act (41 U.S.C. 413). (b) APPLICABILITY.— The test conducted under subsection (a) shall apply to acquisitions with an estimated annual total obligation of funds of $500,000 or less. (c) LIMITATION ON TOTAL COST. —The total estimated life-cycle cost to the Federal Government for the test conducted under subsection (a) may not exceed $100,000,000. (d) WAIVER OF PROCUREMENT REGULATIONS.— (1) In conducting the test under this section, the Administrator, 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 conduct the test. (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) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (e) REPORT. —Not later than 6 months after completion of the test conducted under subsection (a), the Comptroller General shall submit to Congress a report for the test setting forth in detail the results of the test, including such recommendations as the Comptroller General considers appropriate. (f) 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. (g) 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). SEC. 5063. FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT PROGRAM. (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 memager and the end user executive