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United States · Bill · HR

H.R. 1670 (104th)

Federal Acquisition Reform Act of 1995

openUnited States· United States Congress· EN

Introduced

18 May 1995

Last action

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Status

For Further Action See S.1124.

Sponsors

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Subjects

Discovery layer

Source updated

6 June 2025

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Summary

TABLE OF CONTENTS: Title I: Competition Title II: Commercial Items Title III: Additional Reform Provisions Title IV: Streamlining of Dispute Resolution Title V: Effective Dates and Implementation Federal Acquisition Reform Act of 1995 - Title I: Competition - Amends Federal law to require Federal agency heads to obtain a maximum practicable number of competitors when procuring property and services for the armed forces or an executive agency. Revises requirements for the use of other than competitive procedures to allow them only when use of competitive procedures is not feasible or appropriate. (Sec. 101) Mandates the creation of simplified procedures for procurements valued below a certain amount ("simplified acquisition threshold"). Amends OFPPA to revise public notice requirements for all Government contracts valued between $10,000 and $25,000. (Sec. 104) Entitles an excluded offeror, who has submitted a competitive proposal, to request in writing and receive a debriefing about such proposal's merits from the contracting officer prior to award, unless it is not in the Government's best interests to conduct a debriefing at that time. (Sec. 105) Repeals the small business set-aside requirements with respect to the award of architectural and engineering contracts for military construction, family housing project, or other Department of Defense or military department purposes. Subjects such awards to the Brooks Architect-Engineers Act. (Sec. 106) Requires the creation of a contractor verification system of competitive procedures to verify the eligibility of an executive agency's repetitive contractors. Title II: Commercial Items - Amends Federal law with respect to exceptions to the requirement that certain offerors, contractors, and subcontractors submit cost or pricing data. Specifies that such submissions shall not be required for the acquisition of a commercial item (currently, any contract for which the price agreed upon is based on established catalog or market prices of commercial items sold in substantial quantities to the general public). (Sec. 201) Limits the collection of information used to determine the fairness of a price by eliminating the Government's authority to: (1) audit books and records related to cost and pricing; and (2) demand data other than certified cost or pricing data. Repeals the requirement that cost and pricing data be sought from the offeror, contractor, or other sources when competition is not practicable. (Sec. 202) Requires the Federal Acquisition Regulation to provide for special simplified procedures for the purchase of commercial items. (Sec. 204) Repeals the requirement that mandatory cost accounting methods be used in Federal acquisition of commercial goods. Title III: Additional Reform Provisions - Eliminates certain certification requirements for Government suppliers and prohibits future creation of such certification requirements unless: (1) specifically imposed by statute; or (2) approved by the Administrator for Federal Procurement Policy. (Sec. 303) Permits Federal agency testing of alternative and innovative procurement policies for five years. (Sec. 304) Repeals mandatory charges for research, development, and production costs of U.S. defense products in sales abroad. (Sec. 305) Establishes civil and criminal penalties for unauthorized disclosures or acquisitions of bid, proposal, or source selection information regarding a government procurement. Eliminates: (1) anti-bribery provisions; (2) requirements for reports by defense contractors; (3) restrictions on private employment of former Federal employees by private entities to assist in obtaining Government contracts; and (4) criminal penalties for retired military officers who within two years after release from active duty receive compensation for representation in the sale of anything to the United States through the military department in which the officer is retired. (Sec. 306) Eliminates the requirement that the Office of Federal Procurement Policy report to the Congress annually and before the effective date of any policy or regulation. Title IV: Streamlining of Dispute Resolution - Replaces the various executive agency boards of contract appeals with a single United States Board of Contract Appeals ("Board"). Authorizes appropriations. (Sec. 421) Requires the Board to provide voluntary alternative dispute resolution services upon request of all parties in conflict over specific granted or prospective Government contracts for the procurement of commercial and non-commercial property and services. (Sec. 424) Requires the Board, upon the request of an interested party, to review: (1) a decision of an executive agency head that allegedly violates a statute or regulation; and (2) the consistency of such a regulation with applicable statutes. Requires that, unless a contract significantly affects the interests of the United States, the Board suspend an executive agency's authority to award it, or to fulfill a contract already awarded, when the related procurement is to be reviewed by the Board. Limits the parties' discovery and creates a time-frame for certain specified Board procedures. Requires that specified simplified procedures be followed in disputes over contracts valued below $1 million. Requires the dismissal of frivolous protests and, in specified circumstances, the payment of costs by a protesting party. Permits the Board to implement specified corrective actions deemed necessary and appropriate to arrest the violation of a regulation or statute. Permits: (1) the granting of relief authorized by regulation or statute in addition to those specified; (2) the filing of a protest or an action in a specified alternative forum; and (3) appeal of the Board's judgement according to specified procedures. (Sec. 425) Limits the authority of the Boards to contracts for the procurement of commercial items. (Sec. 443) Amends the Contract Disputes Act of 1978 and other Federal law to conform to this Act. Title V: Effective Dates and Implementation - Establishes the effective date of this Act and a schedule for implementing regulations.

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