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Title XIV—Services Acquisition Reform

The Services Acquisition Reform Act of 2003 (SARA)

Public Law 108-136

House Conference Report 108-354

SEC. 1423. STATUTORY AND REGULATORY REVIEW.

(a) ESTABLISHMENT- Not later than 90 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall establish an advisory panel to review laws and regulations regarding the use of commercial practices, performance-based contracting, the performance of acquisition functions across agency lines of responsibility, and the use of Governmentwide contracts.

(b) MEMBERSHIP- The panel shall be composed of at least nine individuals who are recognized experts in acquisition law and Government acquisition policy. In making appointments to the panel, the Administrator shall--

(1) consult with the Secretary of Defense, the Administrator of General Services, the Committees on Armed Services and Government Reform of the House of Representatives, and the Committees on Armed Services and Governmental Affairs of the Senate; and

(2) ensure that the members of the panel reflect the diverse experiences in both the public and private sectors, including academia.

(c) DUTIES- The panel shall--

(1) review all Federal acquisition laws and regulations, and, to the extent practicable, government-wide acquisition policies, with a view toward ensuring effective and appropriate use of commercial practices and performance-based contracting; and

(2) make any recommendations for the modification of such laws, regulations, or policies that are considered necessary as a result of such review--

(A) to protect the best interests of the Federal Government;

(B) to ensure the continuing financial and ethical integrity of acquisitions by the Federal Government; and

(C) to amend or eliminate any provisions in such laws, regulations, or policies that are unnecessary for the effective, efficient, and fair award and administration of contracts for the acquisition by the Federal Government of goods and services.

(d) REPORT- Not later than one year after the establishment of the panel, the panel shall submit to the Administrator and to the Committees on Armed Services and Government Reform of the House of Representatives and the Committees on Armed Services and Governmental Affairs of the Senate a report containing a detailed statement of the findings, conclusions, and recommendations of the panel.

The House bill contained a provision (sec. 1423) that would require the Administrator for Federal Procurement Policy to establish an advisory panel to review acquisition laws and regulations to ensure greater use of commercial practices and performance-based contracting, as well as enhance the performance of acquisition functions across agency lines, and the use of government-wide contracts. The advisory panel would consist of at least nine experts in acquisition law and policy who represent diverse public and private sector experiences.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

House Report 108-117, Part 1

 The section would provide that the Administrator for Federal Procurement Policy establish an advisory panel of at least nine experts in acquisition law and policy who represent diverse public and private sector experiences. The panel would review acquisition laws and regulations with a view toward ensuring effective and appropriate use of commercial practices and performance-based contracting and enhancing the performance of acquisition functions across agency lines, and the use of government-wide contracts. The panel would make recommendations for the repeal or amendment of laws or regulations that are unnecessary for the effective, efficient and fair award and administration of government contracts while retaining the financial and ethical integrity of the acquisition programs and ensuring that the government’s best interest is protected. The report is to be completed within one year after the establishment of the panel and contain the findings and conclusions of the panel.