P.L. 108-136, Services Acquisition Reform Act of 2003

公法(Public Law)


Subtitle A: Acquisition Workforce and Training

  • (Sec. 1411) Amends the Office of Federal Procurement Policy Act to add a definition of "acquisition" for purposes of such Act.
  • (Sec. 1412) Directs the Administrator of General Services to establish an acquisition workforce training fund to support training of acquisition workforce personnel of agencies other than DOD. Provides for credits to the fund from a percentage of fees collected under specified Government contracts. Terminates such authority five years after the enactment of this Act.
  • (Sec. 1413) Authorizes the head of any Federal department or agency ( other than the Secretary) to determine that certain Federal acquisition positions are "shortage category" positions in order to recruit and appoint highly qualified persons thereto. Terminates such authority at the end of FY 2007. Requires an implementation report from the Administrator for Federal Procurement Policy (FPP) to Congress.
  • (Sec. 1414) Requires the FPP Administrator to develop and implement a plan to ensure that the Federal Government maintains the necessary architectural and engineering acquisition workforce.

Subtitle B: Adaptation of Business Acquisition Practices

  • Part I: Adaptation of Business Management Practices
    • (Sec. 1421) Requires the head of certain agencies with acquisition responsibilities, other than DOD, to appoint or designate a non-career employee as Chief Acquisition Officer for that agency, with the primary duty of acquisition management. Sets forth related functions. Requires each agency to designate a senior procurement executive.
    • (Sec. 1422) Amends the Office of Federal Procurement Policy Act to establish in the executive branch a Chief Acquisition Officers Council as the principal interagency forum for monitoring and improving the Federal acquisition system.
    • (Sec. 1423) Directs the FPP Administrator to establish an advisory panel to: (1) review laws and regulations regarding the use of commercial practices, performance-based contracting, performance of acquisition functions across agency lines of responsibility, and the use of Government-wide contracts; and (2) report to the FPP Administrator and specified congressional committees their findings, conclusions, and recommendations.
  • Part II: Other Acquisition Improvements
    • (Sec. 1426) Amends the Federal Financial Management Act of 1994 to extend until December 31, 2004, the authority to carry out franchise fund programs in executive agencies.
    • (Sec. 1427) Increases from $85,000 to $300,000 the threshold for contracts for architectural and engineering services and construction design in connection with a military construction or family housing project. Places specified conditions on architectural and engineering services offered under multiple-award schedule contracts or Government-wide task and delivery order contracts.
    • (Sec. 1428) Requires the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to permit telecommuting by employees of Federal contractors.

Subtitle C: Acquisitions of Commercial Items

  • (Sec. 1431) Provides standards under which a Federal performance-based contract or task order for the procurement of services may be treated as a contract for the procurement of commercial items. Requires a report from the OMB Director to specified congressional committees describing the contracts that were so treated using such authority. Terminates such authority ten years after the enactment of this Act.

    Directs the FPP Administrator to establish a center of excellence in contracting for services to identify and serve as a clearinghouse for best practices in contracting for services in the public and private sectors.
  • (Sec. 1432) Authorizes under the Federal Acquisition Streamlining Act of 1994 a time and materials contract or a labor-hour contract for the performance of commercial services commonly sold to the general public..

Subtitle D: Other Matters

  • (Sec. 1441) Authorizes the head of an agency who engages in basic, applied, and advanced research, as well as development projects that have the potential to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, to exercise the same authority of the Secretary to enter into transactions other than contracts and grants in furtherance of such research and development, including carrying out prototype projects. Requires: (1) OMB authorization prior to agency exercise of such authority; and (2) an annual report from any agency exercising such authority to specified congressional committees. Terminates such authority at the end of FY 2008.
  • (Sec. 1442) Requires the head of any agency that enters into a contract for the repair, maintenance, or construction of infrastructure in Iraq without full and open competition to publish notice of such contract to the public, as well as related information. Makes such requirement inapplicable to contracts entered into after FY 2005. Allows the withholding of classified information regarding such contracts (but requires the classified information to be made available to specified congressional committees).
  • (Sec. 1443) Amends the Office of Federal Procurement Policy Act to authorize special emergency procurement authority with respect to the procurement of property or services that are to be used: (1) in support of a contingency operation; or (2) to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. Increases, with respect to procurements for such purpose: (1) the procurement thresholds; and (2) maximum dollar limits while still retaining the use of simplified acquisition procedures. Allows the head of an agency exercising such emergency authority to treat such property or service as a commercial item for purposes of carrying out such procurement.

(Title XIV: Services Acquisition Reform)