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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. 1411. DEFINITION OF ACQUISITION.

Section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) is amended by adding at the end the following:

`(16) The term `acquisition'--

`(A) means the process of acquiring, with appropriated funds, by contract for purchase or lease, property or services (including construction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; and

`(B) includes--

`(i) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;

`(ii) the description of requirements to satisfy agency needs;

`(iii) solicitation and selection of sources;

`(iv) award of contracts;

`(v) contract performance;

`(vi) contract financing;

`(vii) management and measurement of contract performance through final delivery and payment; and

`(viii) technical and management functions directly related to the process of fulfilling agency requirements by contract.'.

The House bill contained a provision (sec. 1411) that would amend section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) by defining the term acquisition. The new definition would encompass the entire spectrum of acquisition, starting with the development of an agency's requirements through management and measurement of contract performance.

The Senate amendment contained no similar provision.

The Senate recedes.

House Report 108-117, Part 1

The section would amend section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) to provide a comprehensive government-wide definition of the term ‘‘acquisition.’’ The new definition would encompass the entire spectrum of acquisition starting with the development of an agency’s requirements through management and measurement of contract performance.