To amend the procurement integrity provisions of the Office of Federal Procurement Policy Act.

Summary

Repeals the following provisions suspended by the Ethics Reform Act of 1989: (1) provisions of the Department of Energy Organization Act regarding postemployment prohibitions and associated reporting requirements for former supervisors, and violations of such provisions considered in deciding the outcome of Department proceedings; (2) miscellaneous procurement requirements relating to private employment contacts between certain Department of Defense (DOD) procurement officials and defense contractors and certain former DOD procurement officials and the limitations on their employment by contractors; and (3) Federal criminal code provisions imposing restrictions on retired military officers in certain matters affecting the Government. Repeals certain miscellaneous procurement provisions not suspended by the Ethics Reform Act of 1989 regarding reporting requirements for employees and former employees of defense contractors and requirements on defense contractors regarding former DOD officials. Amends the Federal criminal code to provide that the terms "officer or employee" and "special Government employee" as used in conflict of interest provisions concerning the following shall include enlisted members of the armed forces: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; (2) activities of officers and employees in claims against the Government; (3) restrictions on former officers, employees, and elected officials of the executive and legislative branches; (4) acts affecting a personal financial interest; (5) the making of the salary of Government officials and employees payable only by the United States; and (6) the voiding of transactions in violation of such Federal criminal code provisions enumerated above. Amends the Office of Federal Procurement Policy Act to revise provisions suspended by the Ethics Reform Act of 1989 governing the conduct of certain individuals involved in procurement-related activities to: (1) make such provisions with respect to procurement officials applicable to contract officials administering Federal agency contracts for property or services; (2) make such provisions with respect to competing contractors applicable to covered contractors performing Federal agency contracts for property or services; (3) make the prohibitions on solicitation and disclosure of any proprietary or source selection information regarding Federal agency procurement of property or services applicable in cases prior to the award, modification, or extension of a contract; (4) specify instances in which future employment contacts can be made without violating the prohibitions on such contacts if the individual receiving such a contact promptly reports it as specified; (5) deem a recusal to be approved by the head of the procuring or contracting activity of a procurement or contract official if such head fails to act on the recusal request within a certain period after if is submitted for approval; (6) permit such head to authorize such an official to re-enter the conduct of the procurement or the administration of the contract after the termination of discussions or rejection of any offers, if such head determines that such participation is essential to the successful completion of the procurement or administration of the contract and does not create a conflict of interest; (7) change the certification required to be made in order for a Federal agency to award a contract for the procurement of property or services to any competing contractor; (8) add references to a covered contractor to provisions placing restrictions on the procurement activities of former procurement officials and make such provisions applicable to the contract administration activities of former contract officials; (9) prohibit certain procurement and contract officials who performed significant functions with respect to a particular procurement or contract for a major system from knowingly accepting employment or compensation from a competing or covered contractor within a certain period after they engaged in their respective duties with respect to that procurement or contract; (10) outline additional notice requirements with respect to executive agency procurements; (11) add reporting requirements applicable to contractors awarded one or more Federal agency contracts in an aggregate amount of at least $10,000,000; (12) subject a person who knowingly fails to file such a report with the head of the agency involved to an administrative penalty; (13) redefine "during the conduct of any Federal agency procurement of property or services" as the period beginning on the date on which a contracting activity begins to prepare a procurement solicitation or (if no solicitation is prepared) takes any other action to initiate a procurement of goods or services; and (14) define "covered contractor" as any entity (including any person acting on behalf of the entity) that has entered into a prime Federal agency contract or a subcontract under a prime contract, if a contract official is substantially involved in certain activities concerning the subcontract.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 2 October 1991

  Open at official source

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