Nondevelopmental Items Acquisition Act of 1989

Summary

Nondevelopmental Items Acquisition Act of 1989 - Amends the Federal Property and Administrative Services Act of 1949 to require the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy (OFPP) Act to ensure that: (1) supply procurement requirements of executive agencies are stated in terms of functions to be performed, performance required, or essential physical characteristics; (2) such requirements are defined so that nondevelopmental items (NDIs) (commercial items already available in the marketplace) may be procured to fulfill such requirements; and (3) such requirements are fulfilled through the procurement of NDIs where practicable. Requires the Administrator of the OFPP to issue guidelines for the training by executive agencies of personnel in the acquisition of NDIs. Amends the OFPP Act to make the advocate for competition for each procuring activity responsible for promoting the acquisition of NDIs and for challenging barriers to such acquisition. Requires: (1) the issuance of Government-wide regulations governing the acquisition of commercial products in the Federal Acquisition Regulation to ensure that a procurement contract includes only those classes that are essential to the protection of the Government's interest in that particular contract or that meet other specified requirements; and (2) the Administrator to develop a list of contract clauses required for inclusion in such contracts. Requires that such regulations ensure that: (1) a modified inspection clause is included in each agency contract for the acquisition of commercial products awarded to a contractor that has a proven record of quality production and offers an appropriate warranty to protect the Government's interest in acquiring a quality product; (2) applicable commercial warranties are used by agencies for necessary repair and replacement of commercial products; and (3) no offeror, contractor, or subcontractor is required to submit certified cost of pricing data regarding any agency contract or subcontract for the acquisition of a commercial product or for which the agreed price is based on adequate price competition, unless the agency head determines that such data are necessary for agency evaluation of the reasonableness of the price.

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Documents

5 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Passed House amended

  summary · EN · 27 October 1990

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• Introduced in Senate

  summary · EN · 21 November 1989

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