Competition in Contracting Act of 1982

Summary

Competition in Contracting Act of 1982 - Title I: Amendments to Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to revise the procedures for soliciting and awarding bids for Government contracts. Requires executive agencies (excluding military departments, the Coast Guard, and the National Aeronautics and Space Administration) to use competitive procedures in making purchases and contracts for property and services. Directs agencies to solicit a sufficient number of bids, without bias, to achieve effective and efficient competition. Permits agencies to use noncompetitive procurement procedures only when: (1) there is only one source of the property or services needed; (2) the delay involved in using competitive procedures would seriously injure the Government; (3) it is necessary to award the contract to a particular source to maintain an essential industrial capacity in the United States or to achieve national industrial mobilization; (4) an agreement with a foreign government requires such procedures; (5) a statute requires that the procurement be made through another agency or a specific source; or (6) disclosure of an agency's needs to more than one source would compromise the national security. Requires that each solicitation for bids disclose: (1) the factors the agency will use in evaluating bids; (2) the agency's objectives in procuring the property or services; (3) whether the bids will be evaluated with or without discussion; and (4) the time and location for the opening of bids. Requires each agency to evaluate bids on the basis of price and other appropriate factors. Permits an agency to discuss bids with bidders when necessary before awarding a contract. Prohibits discussion if the Government's needs and the terms of the contract are sufficiently described to permit: (1) sources to prepare and submit bids on an informed and timely basis; and (2) the agency to evaluate all bids on a common and timely basis. Directs an agency to notify all bidders when procurement is awarded. Requires an agency to direct the Secretary of Commerce to publish a notice of: (1) the agency's intention to use competitive procedures to purchase property or services costing over $25,000; (2) the agency's intention to use noncompetitive procedures to procure property or services costing over $75,000; or (3) an actual purchase or contract award exceeding an amount specified by the Administrator of Federal Procurement Policy. Requires such a notice for noncompetitive procurement to be published at least 30 days before the contract is awarded and to include: (1) the names of sources to be solicited; (2) the property or services to be procured; (3) the estimated value of the procurement; and (4) a statement that any person may submit bids within 30 days. Exempts certain procurement activities from such notice requirements. Requires agencies to maintain records of noncompetitive procurements during each fiscal year. Declares that such records shall include a justification of each use of competitive procedures and shall be available to any Member of Congress. Title II: Amendments to Title 10, United States Code - Revises procurement procedures for military departments, the Coast Guard, and the National Aeronautics and Space Administration to correspond with procurement procedures for executive agencies under title I of this Act. Title III: Applicability - Declares that this Act shall become applicable 60 days after enactment of this Act.

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2 official files

• Reported to Senate with amendment(s)

  summary · EN · 1 October 1982

  Open at official source

• Introduced in Senate

  summary · EN · 23 February 1982

  Open at official source

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