Defense Acquisition Improvement Act of 1990

Defense Acquisition Improvement Act of 1990 - Title I: Defense Industrial and Technology Base - Requires the inclusion in the annual critical technologies plan of information on each program element for which funds are budgeted for the support of the development of any critical technology identified.

Establishes the Critical Technologies Institute (Institute) as a federally-funded research and development center operated via a nonprofit membership corporation. Requires the Institute to: (1) survey private and Government views on each critical technology identified in the most recent report of the National Critical Technologies Panel, as well as each technology that the Institute considers critical; (2) on the basis of such surveys, identify national objectives for the research, development, and production capability of the United States with respect to such technologies, as well as the preparation of possible strategies for achieving the identified objectives; and (3) publish reports discussing such national strategies as well as their implementation. Requires the Director of the Office of Science and Technology to sponsor the Institute to enter into an agreement with the Institute's Board of Directors to perform such functions as the Director may specify, and to permit the Institute to perform functions for member agencies of the Federal Coordinating Council on Science, Engineering, and Technology Policy that are consistent with their functions. Provides deadlines and funding. Authorizes appropriations.

Directs the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, to: (1) provide centralized DOD policy guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; and (2) direct the development and implementation of Department of Defense (DOD) plans and policies promoting the development and application of advanced technologies to manufacturing processes, tools, and equipment. Requires the Secretary to develop and implement a National Defense Manufacturing Technology Plan (Plan) to provide such guidance and policy for defense manufacturing, as well as assure its implementation by defense agencies and other related Federal agencies. Requires the Secretary to establish within DOD a consolidated Joint Manufacturing Technology Project, headed by a Director who shall be responsible for the planning and execution of all DOD activities relating to manufacturing technology except those activities specifically delegated to another agency. Requires the Secretary to enhance basic research in scientific disciplines relating to manufacturing technology by promoting research and creating technology transfer in such field. Directs the Secretary to promote the use of computer-integrated manufacturing in order to improve manufacturing quality, reduce manufacturing costs, and reduce production lead times. Directs the Secretary to use manufacturing extension programs to help small manufacturers to disseminate DOD manufacturing concepts.

Provides that, if the the Secretary of Commerce undertakes to develop model programs for national defense laboratories, the Secretaries of Defense and Energy shall assist such Secretary in the development and implementation of such programs. Provides, with respect to the the development and implementation of national defense laboratories, for: (1) covered model programs and their participants; (2) cooperative and joint activities by the directors of such laboratories; and (3) the use of partnership intermediaries for the performance of laboratory services. Requires reimbursement to the Secretary of Commerce for expenses incurred by such Secretary regarding such model programs, with a fiscal year limitation of $50,000.

States that provisions of a contract to operate a Government-owned laboratory under a cooperative research and development agreement for the purpose of technology transfer: (1) may only include provisions specifically required or demmed necessary by the head of the agency involved; (2) cannot condition such agreements upon the issuance of agency waivers of rights to inventions and other intellectual property discovered during the research; and (3) may not operate to discourage other provisions of Federal law intended to foster technology transfer.

Directs the Secretary of Defense to prescribe regulations governing the payment by DOD of independent research and development costs or bid and proposal costs. Requires that, when such costs exceed $7,000,000 to a person in a fiscal year, the Secretary and such person shall enter into an advance agreement regarding the manner and extent to which DOD may pay such costs. Authorizes changes to such price limitation to reflect changing economic indices.

Directs the Secretary to report to the defense committees annually on the defense industrial base of the United States, actions taken to improve such base, and the effects of defense budgets on the ability of the base to meet national security needs. Requires inclusion of the Under Secretary's analysis of the ability of U.S. businesses to conduct research, apply technologies, and maintain and expand such industrial base when necessary.

Title II: Acquisition Streamlining Initiatives - Calls for the use of multiyear defense acquisition contracts if their use will result in substantial savings of total anticipated costs of carrying out the program through annual contracts. Requires multiyear contracts to be used unless the Secretary finds the use of annual contracts to be in the national interest.

Requires DOD to conduct market research to determine whether nondevelopmental items (commercial products not uniquely designed for other purposes) are available or could be easily modified to meet the needs of the procuring military department or defense agency.

Directs the Secretary to prescribe streamlined procedures for the acquisition of commercial products which will enhance the ability of DOD to take advantage of the competitive marketplace, short delivery time, market-driven efficiency and innovation, and high-value products that are available in the commercial market. Requires offerors of commercial products to demonstrate that their products have achieved a suitable level of market acceptance, have been satisfactorily supplied, and otherwise meet criteria prescribed by public notice and solicitation. Requires the use of past performance of products and sources as a factor in award decisions.

Directs the Secretary to conduct a test program to determine the feasibility and desirability of using two sets of procedures for the procurement of commercial products by DOD. Outlines requirements of the test program. Requires each participating component to publish each list of commercial products that may be procured under the procedures established. Authorizes the participating component to solicit participation by interested persons in a list of sources to be prescribed under the test program. Requires the Secretary to prescribe procedures for a source to protest a decision not to be placed on such source list. Requires such regulations to prescribe the minimum number of qualified sources that must be included on a source list. Provides for a participating component to issue solicitations for the procurement of commercial products from the sources appearing on the list. Provides solicitation rules and procedures. Requires the Comptroller General to report to various congressional committees an evaluation of the test program. Requires the head of any participating component to make available to the Comptroller General data on contracts awarded under the test program. Requires interim and final regulations covering actions under the test program to be proposed and published by the Secretary. Authorizes the Secretary to submit to the Congress proposed legislation regarding any provision of law that the Secretary considers an unnecessary restriction on the acquisition of commercial items.

Amends the Federal Property and Administrative Services Act of 1949 to require that the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act ensures that: (1) requirements of executive agencies with respect to the procurement of supplies are stated so that nondevelopmental items (commercially available, and not specially-made) may be procured; and (2) executive agencies conduct market research to determine whether nondevelopmental items are available or could be modified to meet agency needs. Requires the Regulation to include a simplified contract for the acquisition of commercial items by Federal agencies. Requires that such simplified contract be utilized to the maximum extent possible. Outlines simplified uniform contract provisions and requirements. Directs the Regulation to require contractors and subcontractors offering commercial items to submit certified cost or pricing data only when necessary to determine price reasonableness. Outlines issues to be addressed or items to be included in the revised Federal Acquisition Regulation with respect to the acquisition of nondevelopmental or commercially-available items for defense agencies. Directs the Administrator of the Office of Federal Procurement Policy to issue guidelines for the training by executive agencies of contracting officers, program managers, and other appropriate acquisition personnel in the acquisition of nondevelopmental items. Requires the promotion of nondevelopmental item acquisition. Requires regulations and reports in conjunction with the provisions of this section.

Redefines the "small purchase threshold" (the price at which a purchase will still be considered a small purchase for purposes of defense acquisition policies and regulations) as $25,000, adjusted on October 1 of each year divisible by five to the amount equal to $25,000 in constant FY 1990 dollars (rounded to the nearest $1,000). Makes conforming changes to such amount in various Federal provisions and Acts concerning Government procurement generally, as well as to the Small Business Act and the Solid Waste Disposal Act.

Authorizes an Assistant Secretary of Defense performing acquisition responsibilities to serve on, and attend meetings of, the Federal Acquisition Regulatory Council in place of the Under Secretary of Defense for Acquisition.

Directs the Secretary to prescribe regulations to ensure that, before full-scale development of a major defense program is initiated, there is an acquisition strategy that includes a plan for the use of competitive alternative sources for such program and each major subsystem of such program if use of two or more sources: (1) would likely result in reduced costs and would not result in unacceptable delays; and (2) is otherwise in the national security interest of the United States.

Directs the Secretary to authorize the head of a defense agency to consider life-cycle costs as a factor in determining the lowest overall cost with respect to contracts awarded without discussions.

Increases from $100,000 to $500,000 the certified cost or pricing data threshold. Directs the Secretary to require a review on the reasonableness of the contract, subcontract, or pricing adjustment when cost or pricing data is not required because the expected price is not expected to exceed $500,000.

Authorizes the Secretary to conduct a pilot program to determine the potential for increasing the efficiency and effectiveness of the acquisition process in major defense acquisition programs. Authorizes the Secretary to designate no more than six major defense acquisition programs for participation in the pilot program. Directs the Secretary to designate each participating program as a defense enterprise program. Directs the Secretary to publish proposed regulations to implement the pilot program and an invitation for public comment on the proposed regulations. Prescribes procedures for the waiver or limitation of certain acquisition laws or requirements with respect to programs participating in the pilot program. Requires the Secretary to notify the defense committees of each major defense acquisition program proposed to be designated by the Secretary for participation in the pilot program, as well as any laws or requirements to be waived with respect to such major defense acquisition program under the pilot program. Limits the waiver authority with respect to each program. Terminates such waiver authority as of the end of FY 1992.

Establishes in the legislative branch the Advisory Panel on Streamlining and Codifying Acquisition Laws to: (1) review U.S. acquisition laws with a view toward streamlining the Federal acquisition process; (2) recommend the repeal or amendment of appropriate acquisition laws; and (3) prepare a proposed code of Federal acquisition laws. Requires the Panel to secure from DOD and other departments and agencies necessary information to carry out its responsibilities. Terminates the Panel 90 days after it submits its final report to each House of the Congress and the President. Earmarks specified FY 1991 amounts appropriated to the defense agencies under this Act for the Panel's use.

Authorizes the payment of overseas severance pay as an allowable defense contractor cost when it is determined that such pay is: (1) necessary to comply with laws in effect on the date of the contract award and generally applicable to businesses of such country; and (2) in the national interest of the United States.

Directs the Secretary to prescribe regulations to ensure that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services to be provided. Authorizes the Secretary to waive certain task order limitations on a case-by-case basis. Limits the effect of such waiver on task order increases under master agreements of a contracting activity.

Title III: Acquisition Workforce - Authorizes the head of an executive agency, upon a finding that it is difficult to recruit qualified persons for appointment to a particular scientific, engineering, professional, or managerial position, to request from the Director of the Office of Personnel Management (OPM) a waiver of penalties for continued Government service after retirement to any person appointed to such a position. Limits such waiver authority to 1,500 executive personnel.

Directs the Secretary to prescribe regulations for the management of the acquisition workforce of DOD.

Allows the payment of certain expenses related to the death of employees reassigned from their home of record pursuant to a mandatory mobility agreement which was executed as a condition of employment.

Authorizes the Director of OPM, in order to recruit and retain employees for executive branch positions for which there is a current or anticipated shortage of qualified personnel, especially in the critical skills areas, to establish a program for the heads of executive agencies to furnish financial assistance to enable an agency employee to obtain: (1) an academic degree necessary to qualify educationally for appointment to a particular position; or (2) an academic degree which would enhance the employee's ability to serve the Federal Government. Outlines financial assistance provisions and conditions. Terminates the authority for entering into such agreements after September 30, 1993.

Provides an optional performance rating exclusion for certain temporary DOD employees. Repeals certain restrictions on the appointment of retired military personnel to positions in DOD.

Authorizes increases in the special pay payable to DOD employees on the basis of duty performed at remote worksites.

Authorizes the Director of OPM, in order to recruit and retain highly qualified personnel for scientific, engineering, and professional positions in DOD, to establish a program under which the head of an executive agency repays the student loan of a DOD employee who enters into an agreement with the agency head to remain in the employ of DOD for a specified period (minimum of three years). Limits the student loan repayment to $6,000 in a calendar year and $40,000 total per student. Requires reimbursement by the employee of any loan paid for which the applicable period of employment agreed upon was not served. Waives such reimbursement in certain instances. Outlines other loan repayment conditions. Requires that, in selecting employees for such student loan repayment program, the agency head shall attempt to achieve a balanced workforce in which women and members of racial and ethnic minorities are appropriately represented in Government service. Requires the Comptroller General to report to the Congress on the exercise of the degree training or student loan repayment authority.

Authorizes the Director of OPM to allocate and reallocate among the executive departments and agencies critical-position pay authority for not to exceed a Government-wide total of 800 positions. Limits the Executive Schedule rating that any such critical position may be given by the head of an agency. Directs the agency head, in determining whether a position is critical, to consider the extent to which: (1) the position requires a high level of expertise; (2) additional compensation is necessary to recruit or retain exceptionally qualified individuals; and (3) the position is critical to the agency's successful accomplishment of an important mission. Requires OPM to establish a Critical Position Advisory Panel to make recommendations on criteria of, and qualifications for, critical positions.

Amends the Ethics Reform Act of 1989 to extend the suspension of certain post-employment restrictions regarding Federal procurement until May 31, 1991.

Requires the Director of OPM to: (1) designate one or more agencies to conduct one or more demonstration programs for evaluating alternative personnel management systems for scientific, engineering, technical support, and managerial positions in national laboratories of the Federal Government; (2) jointly develop each demonstration program with the head of the appropriate agency; and (3) require the appropriate agency head to implement such demonstration program. Requires the agency head to designate: (1) the laboratories that are to be involved in the demonstration programs; and (2) the positions to be covered by the alternative personnel management system. Outlines demonstration program conditions and requirements. Requires the classification of employee positions in occupational groups. Provides pay ranges for each occupational group. Requires the agency head to prescribe the criteria for establishing the initial rate of basic pay for employees appointed to a position covered by the alternative personnel management system and for increasing such rate of pay within such range. Requires each alternative system to provide for differential pay for managerial and supervisory personnel within such system. Provides for the payment of cash awards for meritorious service, recruitment and retention bonuses, and reasonable travel expenses for new appointees and prospective candidates. Provides application and appointment procedures. Requires performance evaluations of each employee chosen under such system. Limits program costs for personnel costs incurred under each alternative system. Requires program and project reviews and reports.

Title IV: National Defense Stockpile - Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to revise the acquisition and disposal authority of the National Defense Stockpile Manager under such Act. Repeals the authority of the Manager to make certain stockpile disposals during FY 1991. Directs the Secretary to transfer certain unobligated funds from the National Defense Stockpile Transaction Fund to an account established for the purpose of supporting advanced defense research projects provided for in cooperative agreements. Makes moneys available in the Fund available for managing and maintaining stockpile materials.

Title V: Miscellaneous - Expresses the sense of the Congress that: (1) the United States and Japan should strengthen their cooperation with regard to technology that would contribute to the security of both countries; (2) technological cooperation between the two countries should be based upon an equitable mutual sharing of the costs and benefits of such cooperation; and (3) the Secretary should improve the staffing, funding, and organization of activities within DOD which are responsible for implementing and overseeing technological cooperation with Japan. Requests the President and directs the Secretary to pursue such technological cooperation, especially in those technologies that have both commercial and military application (known as "dual use" technologies). Earmarks specified FY 1991 R&D funds for pursuing such cooperation through the use of a memorandum of understanding or other formal agreement with Japan. Provides funding conditions. Limits the authority of the Secretary to delegate certain authority required pursuant to such actions. Prohibits the use of any earmarked R&D funds for R&D under SDI. Urges the Secretary to increase staffing in the Office of the Deputy Under Secretary of Defense for International Programs to provide oversight of the joint R&D projects of the United States and Japan under this part.

Establishes the Commission on the Consolidation and Conversion of Defense Research and Development Laboratories to conduct a study to determine the feasibility and desirability of various means to improve the operation of DOD laboratories. Terminates the Commission 90 days after submission of its final report to the Secretary.

Directs the Secretary, on a continuing basis, to: (1) identify actions which DOD can take to increase the capabilities of U.S. educational institutions in scientific, mathematic, and engineering skills necessary to meet the long-term national defense needs of the United States; and (2) establish and conduct programs to carry out such actions. Requires the Secretary to designate an individual to assist the Secretary in carrying out such responsibilities.

Requires the Secretary to establish no less than two programs for awarding grants to public colleges or universities for the improvement of undergraduate or graduate education in scientific disciplines critical to the national security functions of DOD. Requires the Secretary to give priority to programs which stimulate interest of women and minorities in such areas of educational endeavor.

Requires each defense laboratory director to enter into one or more education partnership agreements with public school systems, colleges, and universities to encourage and enhance study in scientific disciplines at all levels of education. Outlines partnership agreement provisions. Authorizes the directors to establish, in association with such programs, cooperative work-education programs for undergraduate and graduate students. Outlines work-education program provisions.

Authorizes the Secretary of Energy to establish programs and award grants to enhance mathematics, science, and engineering education of students in elementary, secondary, and higher education classes.

Directs an agency head, in any case where it is determined that the request of a contractor for advance, partial, progress, or other payment under a contract awarded by that agency is fraudulent, to suspend further payments under such contract unless such suspension would unduly interfere with or jeopardize a law enforcement investigation.

Directs the Secretary of Defense to establish a branch office of the Defense Advance Research Projects Agency (DARPA) in Japan. Outlines functions of such branch office.

Requires the Secretary to issue a regulation to provide that mass transit costs incurred by contractor employees in commuting to a place of performance of a DOD contract may be treated in the same manner as parking costs of contractor employees under such a contract. Limits the amount of such transit costs covered.

Directs the Secretary to establish a Mentor-Protege Pilot Program in order to provide incentives to major DOD contractors (mentors) to furnish assistance to help disadvantaged small businesses (proteges) perform as contractors and suppliers under DOD contracts. Outlines program conditions and requirements. Requires an agreement between the mentor and the protege regarding the assistance to be furnished. Outlines agreement provisions and forms of assistance, including general business management and engineering and technical matters assistance. Allows the noncompetitive awarding of subcontracts to the protege, progress payments, loans, and other assistance. Directs the Secretary to provide for the reimbursement of a mentor for the total amount of any progress payment made under the pilot program, as well as for advance payments and the costs of other assistance. Provides credit to mentors for costs incurred on behalf of a protege that are not reimbursed. Prohibits a mentor from requiring a business concern to enter into a mentor-protege agreement as a condition to the awarding of a contract or subcontract. Requires the pilot program to be conducted between October 1, 1991, and September 30, 1995.