Office of Federal Procurement Policy Act Amendments of 1988

Summary

Office of Federal Procurement Policy Act Amendments of 1987 - Amends the Office of Federal Procurement Policy Act to provide that the Federal Acquisition Regulatory Council (established by this Act) shall implement policies, regulations, procedures, and forms relating to procurement and procurement systems as such functions are prescribed by the Administrator for Federal Procurement Policy (Administrator). Requires the Administrator to prescribe Government-wide regulations, procedures, and forms when the Council is unable to agree on such regulations, procedures, and forms in a timely manner. Requires the Administrator to recommend to the Administrator of General Services: (1) a sufficient budget for the activities of the Federal Procurement Data System and the activities of the Federal Acquisition Institute; and (2) methods to ensure executive agency compliance with procurement and record-keeping requirements. Directs the Administrator to establish standards of conduct and post-employment limitations for Federal employees involved in procurement or procurement systems. Extends authorized appropriations for the Office of Federal Procurement Policy for FY 1988 and for each of the three succeeding fiscal years. Establishes the Federal Acquisition Regulatory Council to assist in the direction and coordination of procurement policy and procurement regulatory activities. Provides that the Council shall consist of the Administrator and the official assigned by statute (or a designated official) with the responsibility for acquisition policy in the General Services Administration, the Department of Defense, and the National Aeronautics and Space Administration. Directs the Council to issue and maintain a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation. Declares that any other procurement regulations shall be limited to additional policies and procedures designed to satisfy the specific needs of an agency. Directs each Council member to: (1) approve or disapprove proposed and final regulations of the member's department or agency relating to procurement before such regulations may become effective; (2) carry out the responsibilities for information collection requests relating to procurement; and (3) eliminate or reduce the levels of review in the procurement system of the member's department or agency. Directs the Council to manage, direct, coordinate, and monitor the maintenance of, and the issuance of changes in, the Federal Acquisition Regulation. Directs the Administrator, with the concurrence and cooperation of the Council, to: (1) issue a report every three months relating to the development of procurement regulations by the General Services Administration, the Department of Defense, and the National Aeronautics and Space Administration; and (2) report within 180 days after establishment of the Council regarding the extent of the paperwork burden created by the Federal procurement process, and the extent to which the Federal procurement system can reduce unnecessary paperwork while maintaining legitimate recordkeeping and reporting requirements to ensure the integrity of the system. Establishes within the Office of Federal Procurement Policy an independent board to be known as the Cost Accounting Standards Board, which shall be chaired by the Administrator. Provides that the Board has the exclusive authority to make, promulgate, amend, rescind, and enforce cost accounting standards and principles designed to achieve uniformity, consistency, and equity in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the United States and the cost principles governing allowability of costs on such contracts. Declares that duly promulgated cost accounting standards and cost principles shall be mandatory for use by executive agencies and contractors and subcontractors in estimating, accumulating, and reporting costs in connection with pricing, administration, and settlement of negotiated prime contract and subcontract procurements in excess of $100,000, other than contracts where the price negotiated is based on: (1) established catalog or market prices of commercial items sold in substantial quantities to the public; or (2) prices set by law or regulation. Provides that contracts that are subject to conflicting agency regulations shall be controlled by standards and principles promulgated by the Board. Declares that the Administrator has the exclusive authority to make, promulgate, amend, rescind, and enforce rules and regulations to implement the cost accounting standards or cost principles promulgated by the Board. Requires such regulations to require contractors and subcontractors to: (1) disclose in writing their cost accounting practices; and (2) agree to a contract price adjustment, with interest, for any increased costs paid to such contractor by the United States resulting from a change in the contractor's cost accounting practices or failure to comply with applicable cost accounting standards. Authorizes the Administrator to exempt classes or categories of contractors or subcontractors from such regulations and to establish procedures to waive certain requirements. Specifies procedures to be taken by the Administrator and the Board prior to promulgating rules, regulations, cost accounting standards, and cost principles. Requires the Administrator to report to the Congress annually on the activities of the Board. Authorizes appropriations. Declares it to be unlawful during the conduct of any Federal agency procurement of property or services: (1) for any officer, employee, or representative of any competing contractor knowingly to make any offer or promise of future employment or business opportunity to, or to knowingly engage in any discussion of future employment or business opportunity with, any procurement official or employee of such agency; (2) for any officer, employee, or representative of any competing contractor knowingly to offer, give, or promise to offer or give, directly or indirectly, any money, gratuity, or other thing of value to any procurement official or employee of such agency who has any responsibility or authority with respect to such procurement; (3) for any procurement official or employee of such agency who has any responsibility or authority with respect to such procurement knowingly to ask, demand, exact, solicit, seek, accept, receive, or agree to receive, directly or indirectly, any money, gratuity, or other thing of value (including offer of future employment) from any officer, employee, or representative of any competing contractor for such procurement; (4) for any procurement official or employee of such agency who has any responsibility or authority with respect to such procurement knowingly to disclose to any officer, employee, or representative of any competing contractor for such procurement any information the disclosure of which may disadvantage the Government in the conduct of such procurement or in the conduct of negotiations with any of the competing contractors for such procurement; or (5) for any officer, employee, or representative of any competing contractor knowingly to receive from any procurement official or employee of such agency any information unauthorized for disclosure. Requires written certification to the contracting officer from the following persons that no violation of standards of conduct regarding Federal procurement has occurred: (1) the competing contractor, and each officer, employee, or representative of the contractor who has had any contact during the conduct of the procurement with any procurement official or employee of the agency who has any authority or responsibility with respect to such procurement; and (2) each procurement official and employee of such agency who has any authority or responsibility with respect to such procurement. Specifies recordkeeping requirements for the contracting officer. Makes it unlawful for any individual who, during the conduct of an agency procurement, was engaged as a procurement official or employee of such agency, and was involved in any manner in the conduct of such procurement, to participate in any manner, as an officer, employee, agent, or consultant to a competing contractor, in: (1) any negotiations leading to the award or modification of a contract for such procurement; or (2) the performance of such contract, during the five-year period beginning on the date such individual ceases to be a procurement official or employee of such agency. Establishes debarment proceedings for any individual who is found to have violated the procurement integrity requirements of such Act. Directs the Administrator to conduct a study to develop a consistent methodology which executive agencies should use for measuring profits earned by Government contractors on procurements. Amends the Federal Property and Administrative Services Act to expand the definition of architectural and engineering services.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Passed House amended

  summary · EN · 13 September 1988

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 9 September 1988

  Open at official source

• Introduced in House

  summary · EN · 25 September 1987

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.