Page:United States Statutes at Large Volume 108 Part 4.djvu/724

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108 STAT. 3358 PUBLIC LAW 103-355—OCT. 13, 1994 (i) contains a S3niopsis 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 (induing 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). if) 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.