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United States · Bill · HR

H.R. 5381 (96th)

A bill to amend the Federal Property and Administrative Services Act of 1949 to reform contracting procedures and contract supervision practices of the Federal Government, and for other purposes.

referredUnited States· United States Congress· EN

Introduced

25 September 1979

Last action

Status

Referred to Senate Committee on Governmental Affairs.

Sponsors

Subjects

Discovery layer

Source updated

4 February 2025

Summary

Amends the Federal Property and Administrative Services Act of 1949 to eliminate current provisions governing fraudulent activity conducted by persons in obtaining or providing Government property. Requires each person entering into a contract with the Government regarding the procurement, transfer, or disposition of property or services to certify that: (1) all information requested by the Administrator of General Services has been or will be provided; and (2) such information is not false or misleading. Directs the Administrator to prescribe a penalty assessment schedule for false or misleading certifications and violations of such a certification. Sets forth guidelines and administrative procedures for assessment of a penalty. Allows a person aggrieved by a final order assessing a penalty to petition for judicial review of such order. Directs the Administrator, after notifying the individual involved and providing opportunity for a hearing, to debar an individual who violated such certification from participation in Government contracts for a period of between two and five years. Requires each contract or agreement for property or services to contain notice of the penalties for certification violations. Directs the Administrator to establish and maintain a system for control of all contracts and agreements for procurement of property or services. Specifies that such system require the Administrator (or an agency head with contracting authority) to: (1) review for approval any contract exceeding $10,000 in value; (2) keep accurate records of transactions involving Federal funds; (3) impose a system of accounting for such transactions; and (4) provide each agency with procedures for obtaining complete cost and pricing data and for effectively estimating costs. Directs the Administrator to establish a system which requires that a memorandum be prepared concerning each decision affecting the operations of a contract. Stipulates that such memorandum include: (1) the nature of and parties to such decisions; (2) the action resulting from such decision; (3) a schedule of future discussions; and (4) the signature of the employee or officer responsible for such decision. Directs the Inspector General of the agency of a contracting authority to investigate any allegations of failure to make such a memorandum. Permits the Administrator, after consulting the Inspector General of the General Services Administration (GSA), to exempt from such memorandum requirement contracts involving a Federal expenditure of under $10,000. Requires the Administrator to: (1) review regularly the contracting activities of the GSA and other agencies; (2) inform Congress of any deficiencies in such activities; and (3) prescribe regulations to eliminate contracting practices which result in fraud, waste, or abuse. Declares that Government purchases are not authorized unless made from sources within a buying program established by the Administrator. Directs the Administrator, after consultation with the Inspector General, to: (1) establish a procedure for reviewing contracts exceeding $10,000 in value to determine whether such contracts can be secured more economically and efficiently by advertised bids or other means; and (2) report annually to the President and Congress any recommendations for changes in procurement procedures. Requires the Administrator to establish a uniform system of contract audits which shall include a schedule of regular and random audits and criteria ensuring that contracts costing over $1,000 will be audited. Directs each contracting authority to maintain abstracts of such audits. Authorizes the Administrator and the Inspector General to obtain access to the contract records of any executive agency and any contractor or subcontractor. Specifies conditions which must be satisfied before the Administrator may alter a rented facility if the cost of such alteration exceeds 25 percent of the annual rent of such facility.

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Documents

3 official files

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Sources

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