Department of Defense Acquisition Management Reform Act of 1993

TABLE OF CONTENTS:

Title I: Reorganization and Reform of the Defense

Acquisition System

Subtitle A: Streamlining and Improvement of Acquisition

Management

Subtitle B: Transfer of Functions

Title II: Acquisition Management Policies

Title III: Contract Formation and Administration

Subtitle A: Performance Based Contracting

Subtitle B: Efficient Contracting Process

Subtitle C: Procurement Protests

Subtitle D: Other Matters

Title IV: Conforming Amendments

Title V: Effective Dates

Department of Defense Acquisition Management Reform Act of 1993 - Title I: Reorganization and Reform of the Defense Acquisition System - Subtitle A: Streamlining and Improvement of Acquisition Management - Revises the duties of the Under Secretary of Defense for Acquisition to include planning, programming, overseeing, prescribing policies for, and assisting in the preparation and integration of budgets for research, development, and acquisition policies of the Department of Defense (DOD).

(Sec. 101) Establishes in DOD a Defense Research, Development, and Acquisition Agency (Agency). Requires the Agency Director to conduct all research, development, and acquisition (RDA) activities of DOD. Specifies current Under Secretary activities to be performed by the Agency. Requires the Director to select and evaluate acquisition program executive officers and managers. Requires the Agency's Chief of Engineering and Analysis to ensure that each DOD acquisition functional analytical capacity is the most advanced of its type.

Requires the Secretaries of the Army, Navy, and Air Force to be responsible for the procurement of property and services within their departments and authorizes each to conduct such procurements only to the extent that the Secretary of Defense determines necessary to sustain their individual operations.

(Sec. 102) Directs the Secretary to provide a simplified acquisition program cycle that is results oriented and follows specified phases, with phase funding provided. Requires the DOD acquisition program approval process to include one major decision point which shall occur before a program proceeds into product integration and development.

(Sec. 103) Directs the Chairman of the Joint Chiefs of Staff to make recommendations to the Under Secretary regarding the desirability of joint development with foreign countries of proposed defense programs.

Subtitle B: Transfer of Functions - Transfers to the: (1) Secretary all RDA functions of the Secretaries of the military departments; and (2) Agency specified defense procurement agencies, commands, and offices.

Title II: Acquisition Management Policies - Provides as a DOD acquisition policy goal that, on and after January 1, 2000: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for the RDA programs; and (2) the average time for converting an emerging technology into initial operational capability should not exceed eight years. Outlines procedures for the implementation of such goals. Urges the Secretary to expedite the implementation of specified Federal provisions relating to the defense acquisition workforce and requires the Secretary to review and enhance the incentives available for encouraging workforce excellence. Specifies the grades to be carried by acquisition program executive officers and managers. Authorizes the Secretary to base the pay rate of an acquisition employee on the employee's contribution to policy goals. Limits, with an exception for critical positions, the reassignment authority for program and deputy program managers.

Title III: Contract Formation and Administration - Subtitle A: Performance Based Contracting - Requires the acquisition program executive officer to use an incentive type contract unless it would inhibit the achievement of acquisition performance goals.

(Sec. 303) Authorizes the Secretary to establish a contractor certification system for property and services procured by DOD on a repetitive basis, providing for the termination of such certification due to poor quality of contractor performance. Requires the maintenance of a contractor performance data base.

Subtitle B: Efficient Contracting Process - Provides simplified contracting and acquisition procedures for contracts not exceeding $100,000, allowing small business contracts to utilize such procedures if there are at least two small businesses competing. Requires certain notification of such procurement contracts not exceeding such amount.

(Sec. 313) Allows the Secretary to develop and acquire noncommercial or nondevelopmental items only if no such items are available to meet requirements. Authorizes the Secretary to use flexible acquisition procedures to acquire commercial and nondevelopmental items. Makes cost accounting standards of the Office of Federal Procurement Policy Act inapplicable to the acquisition of commercial and nondevelopmental items. Requires the Secretary to use innovative procedures, techniques, and strategies in DOD acquisition programs.

(Sec. 316) Expresses the sense of the Congress that the Defense Logistics Agency should be commended for its use of process-oriented contract administration services.

Subtitle C: Procurement Protests - Provides for the debriefing by a defense agency employee of an unsuccessful offeror on a defense contract awarded by the agency on the basis of competitive proposals, as long as a written request for such debriefing is received within seven days after the contract award. Authorizes the Comptroller General, with respect to a contract solicitation or proposed award, to: (1) recommend that a Federal agency recompete a contract immediately; or (2) declare an appropriate party eligible for damages and costs for protest filing and bid and proposal preparation.

Subtitle D: Other Matters - Directs the Administrator for Federal Procurement Policy to submit to the Congress proposed legislation concerning the unification of procurement laws applicable to DOD, the Coast Guard, and the National Aeronautics and Space Administration with those applicable to the other Federal agencies and departments.

Title IV: Conforming Amendments - Repeals specified Federal provisions concerning the general authorities and responsibilities of the defense acquisition workforce. Makes conforming amendments with respect to the transfer of certain RDA functions made earlier under this Act.

Title V: Effective Dates - Sets forth effective dates.