Competition in Contracting Act of 1984

Summary

Competition in Contracting Act of 1984 - Amends the Office of Federal Procurement Policy Act to prescribe procedures for soliciting and evaluating bids and proposals for, and awarding of, Government contracts. Requires any executive agency to comply with such Act in conducting any procurement activity. Requires each executive agency, except as specified, to: (1) use full and open competition in making contracts for property or services; (2) use advance procurement planning and market research in all procurements; (3) use the competitive practices or combinations best suited to the circumstances; and (4) solicit bids or proposals and state requirements in a manner designed to achieve full and open competition. Directs an agency, when using competitive practices for other than small purchases (purchases not exceeding $25,000), to solicit sealed bids if: (1) the award will be made on price-related factors; (2) it is not necessary to conduct discussions with responding sources about their bids; and (3) there is a reasonable expectation of receiving more than one bid. Requires an agency to request competitive proposals when sealed bids are not required. Allows an agency to use procurement practices that are less rigorous than full and open competition only when: (1) the agency's need for the property or services is of such unusual and compelling urgency that the Government would be seriously injured by soliciting bids or proposals from all qualified sources; (2) excluding a source from competition is necessary to establish or maintain alternative sources of supply; (3) such action is necessary to meet the goals of programs for small businesses or the socially and economically disadvantaged; or (4) disclosure of the agency's requirements to all qualified sources would compromise the national security. Requires that the use of such practices be justified by the agency's contracting officer and approved by a higher level official. Allows an agency to use noncompetitive procurement practices only when: (1) the property or services required are available from only one source; (2) such action is necessary to maintain a source or achieve industrial mobilization in the event of a national emergency or to maintain an essential research capability; (3) an international agreement or treaty or written instructions from a foreign government require such procedures; or (4) a statute requires procurement from a specified source. Requires that the use of such practices be justified by the agency's contracting officer and approved by a higher level official. Specifies the contents of the justification statement which shall include planned agency actions to remove or overcome any barrier to competition before any subsequent procurement for the same requirements. Prohibits any agency from using noncompetitive procedures on the basis of a lack of planning or concerns related to the amount of funds available for agency procurement. Requires that any justification, certification, or approval and any related record of any less rigorous or noncompetitive practices be made available for public inspection upon request, except to the extent it contains information authorized to be kept secret in the interest of national defense or foreign policy. Requires agencies to use simplified practices and forms to facilitate and promote competition in small purchases. Prohibits any agency from: (1) procuring goods or services from another agency unless such other agency has procured such goods or services in compliance with the requirements of this Act; or (2) refusing to include a product of a responsible source on a qualified products list without referring the matter to the agency's advocate for competition. Authorizes an agency to reimburse a small business for the costs of qualifying a product for a qualified products list if: (1) there is only one product on such list; (2) competitive procurement would lead to significant savings for the Government; and (3) the small business would not otherwise have the resources to qualify a product for such list. Directs each agency to develop requirements for the procurement of spare parts so as to maximize competition and to insure that small and socially and economically disadvantaged businesses are not precluded from performing as prime contractors and subcontractors. Requires each agency to furnish for publication by the Secretary of Commerce a notice announcing: (1) its intention to solicit bids or proposals for a contract for property or services at a price expected to exceed $10,000; and (2) the award of such a contract if there is likely to be a subcontract. Directs an agency not to: (1) issue a solicitation earlier than 15 days after such solicitation notice is published; or (2) provide less than 30 days after such notice is published for the submission of bids. Requires that such notice include: (1) an accurate description of the property or service to be procured; (2) the name, business address, phone number, and title of the agency employee or officer to contact to obtain a copy of the solicitation; (3) a statement that all qualified sources may submit a bid or proposal; and (4) a justification of any use of noncompetitive practices. Declares that such solicitation notice requirements shall not apply: (1) if such notice would disclose agency requirements the disclosure of which would compromise national security; (2) to a proposed noncompetitive procurement that would result from an unsolicited research proposal that demonstrates a unique or innovative research proposal; or (3) to a procurement of unusual and compelling urgency for which less rigorous procurement practices are authorized. Establishes a procurement protest system under which the Comptroller General shall decide any protest concerning alleged violations of the procurement laws submitted to the General Accounting Office by an interested party, an agency, or a U.S. court. Directs the Comptroller General to notify an agency within one working day of the receipt of a protest concerning a procurement by such agency. Requires the agency to submit a report on such procurement within a specified period. Prohibits any contract from being awarded or, if awarded within the preceding 30 days, performed after a notice of protest has been received and while the protest is pending. Authorizes the head of the agency to authorize the award or performance of a contract notwithstanding a protest after notifying the Comptroller General that compelling, urgent circumstances affecting vital interests of the United States will not permit awaiting the Comptroller General's decision. Directs the Comptroller General, upon determining that a protested solicitation, proposed award, or award does not comply with procurement law, to recommend that the agency: (1) refrain from exercising any of its options under the contract; (2) repeat competitive procedures for such contract immediately; (3) issue a new solicitation; (4) terminate the contract; (5) award a contract consistent with procurement law; or (6) comply with such recommendations as the Comptroller General determines to be necessary to comply with procurement law. Authorizes the Comptroller General, upon making such determination, to require the agency to reimburse the appropriate party for the costs of: (1) filing and pursuing the protest; and (2) preparing the contract bid or proposal. Requires the Comptroller General to: (1) provide for the inexpensive and expeditious resolution of such protests; and (2) establish an express option for deciding protests suitable for resolution within 45 days. Requires an agency to provide an interested party any nonpriveleged documents relevant to a protested procurement action. Authorizes the Comptroller General to dismiss frivilous or invalid protests. Permits any adversely affected party to obtain judicial review of an agency's action or failure to act on a contract solicitation or award. Directs the General Services Administration Board of Contract Appeals to review any determination of a contracting officer concerning the procurement of automatic data processing equipment that is alleged to violate procurement law. Directs the Board, when a request for such a review is filed, to: (1) promptly hold a hearing to determine whether to suspend the delegation of procurement authority for the challeged procurement pending the Board's decision; and (2) suspend such authority unless the affected agency shows that compelling, exigent circumstances affecting vital U.S. interests will not permit awaiting such decision. Authorizes the Board, upon determining that the challenged agency action violates procurement law or the conditions of any delegation of procurement authority, to suspend, revoke, or revise the delegation of authority applicable to the challenged procurement. Authorizes any interested party to appeal the Board's decision according to the provisions of the Contract Disputes Act. Declares that if the Board revokes or suspends a delegation of procurement authority after a contract has been awarded, the affected contract shall not be considered void ab initio but shall be presumed valid as to all goods or services delivered and accepted prior to such suspension or revocation. Provides that when two or more actions involving the same procurement are filed before the Board and one or more courts: (1) all the action first filed shall proceed and the other actions shall be stayed; and (2) the filing of a protest with the General Accounting Office shall not affect an interested party's rights to file and pursue actions involving Federal procurements in the courts and before the Board. Directs the Administrator for Federal Procurement Policy to modify the Government-wide procurement regulations prescribed under the Office of Federal Procurement Act to conform with the requirements of this Act. Requires the head of each executive agency to designate a senior officer or employee (other than the senior procurement executive) as an advocate for competition who shall be responsible for removing barriers to, and promoting, full and open competition in agency procurement. Directs the advocate to: (1) report to the agency head on opportunities to achieve full and open competition, on solicitations with unnecessarily restrictive specifications, and on other conditions, which reduce competition; (2) advise the senior procurement executive on the validity of proposed procurements; (3) submit annual reports to the agency head on such advocate's activities, initiatives to increase competition, and barriers to competition that the advocate was unable to remove; (4) set goals for increasing competition on a fiscal year basis; (5) develop a system of personal and organizational accountability for competition; and (6) emphasize competition in procurement training and research. Requires each agency head to establish and maintain for five years a computerized file containing records of all procurements other than small purchases during each fiscal year. Requires the record of a procurement which used practices which were less rigorous than full and open competition or noncompetitive to include information identifying the reason for the use of such practices and the employees who approved such practices. Requires the information in such file to be included in the Federal Procurement Data System. Requires each agency head to submit to specified congressional committees for FY 1985 through 1987 an annual report summarizing the activities of the agency advocate for competition and describing actions the agency intends to take to increase competition for agency contracts and to reduce the number and dollar value of noncompetitive contracts.

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2 official files

• Reported to House with amendment(s)

  summary · EN · 10 October 1984

  Open at official source

• Introduced in House

  summary · EN · 20 March 1984

  Open at official source

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