Page:United States Statutes at Large Volume 103 Part 2.djvu/496

 103 STAT. 1506 PUBLIC LAW 101-189—NOV. 29, 1989 defense contracts for commercial items from the application of various requirements. (2) Not later than 270 days after the date of the enactment of this Act, the Secretary shall develop and submit to the Committees on Armed Services of the Senate and House of Representatives a plan of action for addressing any impediments identified in the analysis required by paragraph (1). The plan shall include a specific schedule for the following: (A) Rescission of any regulations that are identified as impedi- ments to the acquisition of nondevelopmental items. (B) Publication for public comment of new regulations to carry out the plan. (C) Submission to Congress of proposals for such legislative changes as may be needed to carry out the plan. (d) TRAINING.I-(1) The Secretary of Defense shall establish a program for training contracting officers, program managers, and other appropriate acquisition personnel in the acquisition of nondevelopmental items. ^ (2) The training program shall provide, at a minimum, for the following: (A) Training in the requirements of the regulations promul- gated pursuant to this section, the requirements of section 2325 of title 10, United States Code, and regulations prescribed pursuant to that section. (B) Training of contracting officers in the fundamental prin- ciples of price analysis and other alternative means of determin- ing price reasonableness. (C) Training of appropriate acquisition personnel in market research techniques and in the drafting of functional and performance specifications. (e) DEMONSTRATION PROGRAM FOR ITEMS ISSUED TO MEMBERS. —(1) The Secretary of Defense shall carry out a demonstration program in accordance with this subsection with respect to the procurement of individual items of clothing issued to members of the Armed Forces. Under the demonstration program, the Secretary shall— (A) identify those items of clothing that are the same as, or similar to, clothing items produced by commercial sources for sale to consumers other than the Armed Forces; and (B) designate for acquisition in accordance with this subsec- ^ tion certain of such items Giereinafter in this subsection re- ferred to as "demonstration items") as the Secretary considers appropriate for acquisition under the demonstration program. (2) With respect to a portion (determined by the Secretary) of the contracts for demonstration items entered into by the Department of Defense, the Secretary shall— (A) include in the solicitations for such items a specification reflecting design and functional requirements that are com- parable to those used in the award of commercial contracts; (B) require each offeror to submit a sample article of the item; (C) provide in the evaluation criteria included in the isolicita- tion that award of the contract will be made to the proposal which is most advantageous to the United States, considering only cost or price and other factors included in the solicitation; (D) evaluate competitive proposals, either with or without discussions, and the sample article received in response to a solicitation for such items and award a contract in accordance with the evaluation criteria included in the solicitation; and

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