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FAR 13.5 Expires on Jan 1, 2015


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Has anyone seen if the authority to extend this "Test Program" is included in any of the proposed appropriations? I know that a few years ago when it was allowed to expire it created quite a bit of hysteria, and it would do so again in my agency as we utilize this authority quite a bit.

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I have not seen anything on an extension. Hopefully it will be in the FY 15 NDAA and perhaps that will pass after the elections. I think Congress is very reluctant to make the program permanent because when agencies are periodically asked for data to support its use and effectiveness it's my understanding that the data is not forthcoming. I would suggest monitoring the FY 15 NDAA bill in the House and Senate and see if it is in the final bill that goes to POTUS.

On a related note GAO did a review of the program in February 2014 and here is a link to the report: http://www.gao.gov/products/GAO-14-178

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H. R. 4435, the Buck McKeon National Defense Authorization Act for Fiscal Year 2015, passed the House 5/22/2014, and included the following:

"SEC. 806. PERMANENT AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104-106; 10 U.S.C. 2304 note) is amended by striking subsection (e)."

So now it's up to the Senate to decide whether to go along with making it permanent or not, but at least it's on the agenda, and at a minimum should be extended, if not made permanent.

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