Competition in Contracting Act of 1983

openUnited States· United States Congress· EN

Introduced

1 February 1983

Last action

18 July 1984 · Committee

Status

Similar Provisions Contained Under Title VII of H.R.4170.

Summary

Competition in Contracting Act of 1983 - 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 contracts for property and services. Directs agencies to: (1) use advance planning and market research, prepare specifications, and solicit bids in a manner designed to achieve effective competition for a contract; and (2) use the competitive procedure or combination of procedures best suited for a procurement action. Authorizes an agency to award a procurement contract in order to establish or maintain any alternative source of supply if doing so would: (1) increase competition and reduce procurement costs; or (2) be in the interest of industrial mobilization in a national emergency. Requires procurement regulations to include simplified procedures and forms for making small purchases. Defines a "small purchase" as any purchase or contract which does not exceed $25,000. Prohibits dividing a procurement for the purpose of using small purchase procedures. Requires an agency, when using competitive procedures for other than small purchases, to solicit sealed bids when: (1) time permits the solicitation, submission, and evaluation of sealed bids; (2) the award will be made on the basis of price or other factors; (3) discussions with responding sources are not necessary; and (4) there is a reasonable expectation of receiving more than one bid. Directs an agency to request competitive proposals when sealed bids are not required. Permits agencies to use noncompetitive procurement procedures only when: (1) there is only one source and no substitute for 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 achieve an essential industrial capacity in the United States or to maintain 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. Prohibits an agency from awarding a contract, for other than a small purchase, using noncompetitive procedures unless a notice of such procurement has been published by the Secretary of Commerce. Requires agency solicitations for bids or proposals to include specifications which: (1) permit effective competition; and (2) contain only such restrictive provisions as are necessary to meet agency needs or as are required by law. Requires all solicitations for bids or proposals for other than small purchases to state: (1) the relative importance of all significant factors which the agency will consider in evaluating such bids or proposals; (2) in the case of sealed bids, that their will be no discussions with bidders; and (3) in the case of competitive proposals, that proposals are intended to be evaluated with discussions with the offerors, but might be evaluated without discussions. Requires each agency to: (1) evaluate bids and proposals on the basis of factors specified in the solicitation; and (2) award contracts to the bidder or offeror whose bid or proposal is most advantageous to the Government considering the price and other factors. Permits an agency to reject all bids or proposals if such action is in the public interest. Requires an agency, when evaluating competitive proposals, to award a contract: (1) after conducting written or oral discussions with all offerors submitting proposals within a specified range; or (2) on the basis of the proposals as received or as clarified after discussions conducted for the purpose of minor clarification. Directs an agency head to refer to the Attorney General any sealed bid evidencing an antitrust violation. Requires each agency to furnish for publication by the Secretary of Commerce a notice announcing: (1) its intention to enter a contract at a price greater than the maximum amount established for small purchases or a lesser amount as specified by the Administrator; and (2) the awarding of such a contract. Requires such notice of an agency's intention to enter a contract to be published at least 30 days before the date set for the receipt of bids or proposals. Requires that such notice include: (1) a description of the property or service to be procured; (2) the identity of the agency representative to contact to obtain a copy of the solicitation; (3) a statement that any person may submit a bid or proposal; and (4) a justification of any use of noncompetitive procedures. Exempts certain classified and noncompetitive procurements from such notice requirements. Requires agencies to: (1) maintain records, by fiscal year, of noncompetitive procurements and competitive procurements for which only one bid was received, excluding small purchases; and (2) transmit such information to the Federal Procurement Data Center. Requires a prime Government contractor or subcontractor, with specified exceptions, to submit and certify the accuracy of cost of pricing data prior to: (1) the award of contracts using other than sealed bid procedures and certain subcontracts where the price is expected to exceed $500,000; or (2) the pricing of any modification to such a contract or subcontract expected to result in a price adjustment exceeding $500,000. Requires the price to the Government of such a contract, subcontract, or modification to be adjusted to exclude any significant amount by which the price was increased because of inaccurate data. Authorizes an agency representative, for three years after final payment under such a contract or subcontract, to examine the contractor's records and other information to evaluate the accuracy of the cost and pricing data. 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. Permits contracts to require the carriage of Government property in cargo containers of specific dimensions if the Secretary of Defense determines that military requirements necessitate the specification of container sizes. Title III: Advocate for Competition; Annual Report on Competition - Directs the head of each executive agency to designate an officer or employee as an advocate for competition who shall promote competition in the procurement of property and services. Requires the advocate to report to the head of the agency on: (1) opportunities to achieve competition; (2) solicitations which contain unnecessarily detailed or restrictive specifications and other conditions that may reduce competition; and (3) his or her activities, annually. Requires the head of each agency, through 1986, to transmit to specified congressional committees an annual report which: (1) describes all actions the agency head intends to take during the next fiscal year to increase competition for agency contracts, and to reduce the number and value of agency contracts awarded after soliciting or evaluating bids or proposals from only one source; and (2) summarizes the activities of the agency's advocate for competition. Title IV: Notice Requirements Under the Small Business Act - Amends the Small Business Act to repeal certain provisions requiring the Secretary of Commerce to obtain and publish notice of all defense and civilian procurement actions exceeding specified dollar amounts. Title V: Applicability - Declares that this Act shall apply with respect to solicitations for bids or proposals issued on or after the date 180 days after enactment.

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Timeline

1 February 1983
Introduced
Read twice and referred to the Committee on Governmental Affairs.
Source: IntroReferral
1 February 1983
Introduced
Introduced in Senate
Source: IntroReferral
2 February 1983
Referred
Ordered, that if and when reported, the bill be referred to the Committee on Armed Services for not to exceed sixty calendar days (excluding any period of seven or more calendar days in which the Senate is not in session) to consider any provisions which amend title 10 of the United States Code. Ordered further, that if the bill is not reported within the sixty-day period the Committee be discharged, but in no event shall the discharge occur prior to July 15, 1983.
Source: Floor
10 February 1983
Referred
Referred to Subcommittee on Oversight of Government Management.
Source: Committee
1 March 1983
Committee
Subcommittee on Oversight of Government Management. Approved for full committee consideration with amendments favorably.
Source: Committee
17 March 1983
Reported
Committee on Governmental Affairs. Ordered to be reported with amendments favorably.
Source: Committee
23 March 1983
Introduced
Referred to the Committee on Armed Services pursuant to the order of February 2, 1983.
Source: IntroReferral
23 March 1983
Reported
Committee on Governmental Affairs. Reported to Senate by Senator Cohen with amendments. Without written report.
Source: Committee
23 March 1983
Reported
Committee on Governmental Affairs. Reported to Senate by Senator Cohen with amendments. Without written report.
Source: Committee
31 March 1983
Floor
Committee on Governmental Affairs filed written report. Report No. 98-50.
Source: Floor
31 March 1983
Committee
Committee on Governmental Affairs filed written report. Report No. 98-50.
Source: Committee
12 May 1983
Floor
Ordered, that the agreement of February 2, 1983 is modified to provide that in no event will the Committee on Armed Services be discharged prior to June 30, 1983.
Source: Floor
7 June 1983
Committee
Committee on Armed Services. Hearings held.
Source: Committee
9 June 1983
Committee
Committee on Armed Services. Hearings concluded. Hearings printed: S.Hrg. 98-385.
Source: Committee
24 June 1983
Reported
Committee on Armed Services. Ordered to be reported with amendments favorably.
Source: Committee
27 June 1983
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 265.
Source: Calendars
27 June 1983
Reported
Committee on Armed Services. Reported to Senate by Senator Cohen with amendments. Without written report.
Source: Committee
27 June 1983
Reported
Committee on Armed Services. Reported to Senate by Senator Cohen with amendments. Without written report.
Source: Committee
3 November 1983
Floor
Committee on Armed Services filed written report. Report No. 98-297.
Source: Floor
3 November 1983
Committee
Committee on Armed Services filed written report. Report No. 98-297.
Source: Committee
11 November 1983
Floor
Considered by Senate.
Source: Floor
11 November 1983
Passed
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Source: Floor
16 November 1983
Introduced
Referred to House Committee on Armed Services.
Source: IntroReferral
23 November 1983
Referred
Referred to Subcommittee on Investigations.
Source: Committee
23 November 1983
Committee
Executive Comment Requested from OMB, GSA, DOD, NASA, Commerce, Justice, SBA, GAO.
Source: Committee
18 July 1984
Committee
Similar Provisions Contained Under Title VII of H.R.4170.
Source: Committee

Votes

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Versions

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Documents

4 official files

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Passed Senate amended
summary · EN · 11 November 1983
Open at official source
Reported to Senate amended, 2nd committee reporting
summary · EN · 27 June 1983
Open at official source
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Reported to Senate amended, 1st committee reporting
summary · EN · 23 March 1983
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Introduced in Senate
summary · EN · 1 February 1983
Open at official source
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Related records

related to → Deficit Reduction Act of 1984
amends ← To remove from the bill certain provisions enacted into law after the bill was reported to the Senate.
amends ← To make conforming amendments.
amends ← To make a technical correction.

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/98th-congress/senate-bill/338
Open data entity: https://api.congress.gov/v3/bill/98/s/338
us · 98-s-338 · source updated 6 June 2025