Federal Property and Administrative Services Authorization Act of 1992

Summary

Federal Property and Administrative Services Authorization Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize appropriations for functions and activities under the Act, including operations of the General Services Administration (GSA), through FY 1992. Requires at least 75 percent of the number of GSA Senior Executive Service (SES) positions to be filled by persons who have at least five years of Federal service. Requires a report to the Congress by the GSA Administrator regarding the position description and requirements for each such GSA SES position filled. Requires that new appointments to GSA's SES not take effect until 30 days after notice of the appointment is provided to the Congress. Title I: Acquisition of Commercial Items - Commercial Items Acquisition Act of 1991 - Part A: Enhancement of Competition in Contracting - Amends the Office of Federal Procurement Policy Act to permit the use of design specifications only when a procurement authorizing official, upon written justification by the contracting officer, certifies in writing that functional or performance specifications are inadequate to describe the requirements of the agency. Makes exceptions to such certification and justification requirements when: (1) the solicitation is for sealed bids; or (2) the solicitation is for construction, alteration, or repair of buildings, structures, or other real property. Delineates the circumstances in which executive agencies may request cost or pricing data from commercial vendors. Restricts the circumstances in which executive agencies may procure goods or services by modifying an existing contract. Part B: Acquisition of Commercial Items - Includes the implementation of a preference for the acquisition of commercial items among the procurement responsibilities of the head of each executive agency. Makes promotion of the acquisition of commercial items a part of the responsibilities of the advocate for competition for each executive agency and for each procuring activity of an executive agency. Requires contracting officers, prior to beginning a procurement, to conduct market research to determine if commercial items can meet the needs of the executive agency, and if so, to designate the acquisition to be a commercial item acquisition. Sets forth special rules, preferences, and exemptions that would apply in any commercial item acquisition. Renames the position of Advocate for the Acquisition of Commercial Products in the Office of Federal Procurement Policy the Advocate for the Acquisition of Commercial Items. Specifies position responsibilities that reflect the statutory preference for the acquisition of commercial items and include the monitoring of compliance by executive agencies with such preference. Directs the Administrator for Federal Procurement Policy to issue guidelines for the training of contracting officers, program managers, and other acquisition personnel in the acquisition of commercial items. Part C: Miscellaneous Provisions - Directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation to implement the amendments made by this title. Requires such revision to include issuance of one or more simplified uniform contracts for the acquisition of commercial items. Title II: Amendments To Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to permit executive agencies to award multiple contracts for the same supply or service when the agency head determines that it is in the best interests of the Government for the purpose of maintaining a continuous source for the supply or service. Sets forth provisions analogous to those contained in the National Defense Authorization Act for Fiscal Year 1991 concerning an agency's responsibilities regarding statements of evaluation factors in a contract solicitation. Raises the cost and pricing data threshold under the Federal Property and Administrative Services Act of 1949 to $200,000. Title III: Brooks Act Amendments - Provides that: (1) specified provisions of the Federal Property and Administrative Services Act of 1949: (1) concerning the procurement, maintenance, operation, and use of automatic data processing equipment may be cited as the Brooks Automatic Data Processing Act; and (2) concerning the procurement of architectural and engineering services may be cited as the Brooks Architect-Engineers Act. Amends the Brooks Automatic Data Processing Act to: (1) extend the Administrator's authority to procurements of automatic data processing equipment (ADPE) conducted on behalf of a Federal agency; (2) allow the Administrator to revoke a delegation of procurement authority either before or after a contract is awarded; (3) allow GSA's board of contract appeals to accept protests against procurements conducted on behalf of a Federal agency; (4) allow such board to dismiss protests that are frivolous or have been brought in bad faith, to impose costs for violations of or failures to comply with its orders and decisions, to order resolicitation, cancellation of an award, or termination of a contract, and to direct that an award be made in accordance with its decision in providing relief; (5) require all settlement agreements providing for or contemplating the dismissal of a protest to be submitted to such board for approval or disapproval; (6) require agencies to reimburse the judgment fund when either awards or settlements are paid out of that fund; (7) change the appellate jurisdiction over protests to the United States Court of Appeals for the District of Columbia and the time limit for appeals to 30 days; (8) revise the definition of "protest" to include protests of procurements conducted on behalf of a Federal agency; (9) revise the definition of "interested party" to delete the requirement that a party have a direct economic interest in the procurement; and (10) provide for GSA oversight of agency ADPE procurements. Title IV: Miscellaneous Provisions - Provides that no Federal agency may procure, and the GSA Administrator may not authorize the procurement by a Federal agency of, any covered service of product other than under an FTS 2000 contract. States that the requirements of the Office of Federal Procurement Policy Act relating to modification of contracts shall not apply to an FTS 2000 contract. Amends the Competition in Contracting Act of 1984 to revise provisions authorizing the Comptroller General to award bid and proposal preparation and protest costs to companies that file bid protests to make the payment of such costs, as well as compliance with other recommendations by the Comptroller General in the General Accounting Office (GAO) bid protest process, discretionary for the contracting agency. Sets forth specific procedures for determining the amount of costs to be paid upon a GAO recommendation. Requires costs paid as recommended by GAO to be paid out of the judgment fund, subject to agency reimbursement. Requires the Comptroller General to: (1) investigate each failure by a Federal agency to fully implement recommendations of the Comptroller General and; (2) submit a comprehensive report to appropriate congressional committees on the results of each such investigation along with recommendations regarding legislative action to correct any inequity or to preserve the integrity of the procurement process. Revises the definition of "protest" under such Act to include protests of procurements conducted on behalf of Federal agencies. Provides for the ratification of cost awards made by GAO under such Act prior to enactment of this Act. Amends the Office of Federal Procurement Policy Act to require detailed post-award debriefings for procurements over $25,000,000 when a contract is awarded on a basis other than price alone, upon the request of any unsuccessful offeror. Makes the failure of an agency to provide such a debriefing subject to protest.

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Documents

7 official files

• Reported in House (text)

  Reported in House · EN

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• Referred in Senate (text)

  Referred in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Passed House amended

  summary · EN · 3 October 1992

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• Reported to House with amendment(s)

  summary · EN · 23 November 1991

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• Introduced in House

  summary · EN · 1 August 1991

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