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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2238 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2238

 To amend laws relating to Federal procurement, to authorize functions 
 and activities under the Federal Property and Administrative Services 
                  Act of 1949, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 1993

  Mr. Conyers (for himself and Mr. Dellums) introduced the following 
   bill; which was referred jointly to the Committees on Government 
                     Operations and Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend laws relating to Federal procurement, to authorize functions 
 and activities under the Federal Property and Administrative Services 
                  Act of 1949, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Acquisition Improvement Act 
of 1993''.

           TITLE I--ENHANCEMENT OF COMPETITION IN CONTRACTING

              Subtitle A--Acquisition of Commercial Items

SEC. 111. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS.

    Section 16 of the Office of Federal Procurement Policy Act (41 
U.S.C. 414) is amended by redesignating paragraphs (2), (3), and (4) in 
order as paragraphs (3), (4), and (5), respectively, and by inserting 
after paragraph (1) the following new paragraph:
            ``(2) implement a preference for the acquisition of 
        commercial items by--
                    ``(A) whenever practicable, stating specifications 
                in solicitation for bids and proposals in terms such 
                that bidders and offerors are enabled and encouraged to 
                offer to supply commercial items in response to agency 
                solicitations;
                    ``(B) reducing impediments to the acquisition of 
                commercial items in agency procurement policies, 
                practices, and procedures not required by law; and
                    ``(C) requiring training of appropriate personnel 
                in the acquisition of commercial items;''.

SEC. 112. ACQUISITION OF COMMERCIAL ITEMS.

    Section 28 of the Office of Federal Procurement Policy Act (41 
U.S.C. 424) is amended to read as follows:

``SEC. 28. ACQUISITION OF COMMERCIAL ITEMS.

    ``(a) Market Research.--Before soliciting bids or proposals for a 
contract for property or services, an executive agency shall conduct 
market research, appropriate to the circumstances, to determine whether 
the needs of the agency can be met by the acquisition of commercial 
items.
    ``(b) Advocate for Acquisition of Commercial Items.--
            ``(1) Establishment.--There is established in the Office of 
        Federal Procurement Policy the position of Advocate for the 
        Acquisition of Commercial Items (hereinafter in this subsection 
        referred to as the `Advocate').
            ``(2) Functions.--The Advocate shall--
                    ``(A) monitor compliance by executive agencies with 
                the preference required under section 16(2) for the 
                acquisition of commercial items;
                    ``(B) make recommendations and proposals to the 
                Administrator regarding the reform of procurement 
                statutes and regulations to implement that preference; 
                and
                    ``(C) report to the Administrator on the 
                prospective effect of proposed statutes and regulations 
                on the acquisition of commercial items.''.

SEC. 113. REGULATIONS AND SIMPLIFIED FORM CONTRACTS.

    (a) Revision of FAR.--Unless otherwise specifically provided in 
this title, not later than 180 days after the date of the enactment of 
this title, the Federal Acquisition Regulation issued under section 
25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 
421(c)) shall be revised to implement the amendments made by this 
subtitle.
    (b) Simplified Uniform Contract.--(1)(A) The revision of the 
Federal Acquisition Regulation under subsection (a) shall include 
issuance of one or more simplified uniform contracts for the 
acquisition of commercial items by Federal agencies and shall require 
that such simplified uniform contract or contracts be used for the 
acquisition of commercial items to the maximum extent practicable. The 
uniform contract or contracts shall include only--
            (i) those contract clauses that are required to implement 
        provisions of law applicable to such an acquisition;
            (ii) those contract clauses that are essential for the 
        protection of the Federal Government's interest in such an 
        acquisition; and
            (iii) those contract clauses that are determined to be 
        consistent with standard commercial practice and appropriate 
        for inclusion in such contracts.
    (B) In addition to the clauses described under subparagraph (A), 
contracts for the acquisition of commercial items may include such 
clauses as are essential for the protection of the Federal Government's 
interest in--
            (i) a particular contract, as determined in writing by the 
        contracting officer for such contract; or
            (ii) a class of contracts, as determined by the agency 
        head, in consultation with the Administrator for Federal 
        Procurement Policy.
    (C) Contracts for the acquisition of commercial items may not 
include any clause other than those clauses authorized under 
subparagraph (A) or (B).
    (2)(A) Except as provided in subparagraph (B), a prime contractor 
under a Federal agency contract for the acquisition of commercial items 
may only be required to include in subcontracts under such contract--
            (i) those contract clauses that are required to implement 
        provisions of law applicable to such subcontracts; and
            (ii) those contract clauses that are essential for the 
        protection of the Federal Government's interest in such 
        subcontracts.
    (B) In addition to the clauses described under subparagraph (A), a 
contractor under a Federal agency contract for the acquisition of 
commercial items may be required to include in a subcontract under such 
contract such clauses as are essential for the protection of the 
Federal Government's interest in--
            (i) a particular subcontract, as determined in writing by 
        the contracting officer for such contract; or
            (ii) a class of subcontracts, as determined by the agency 
        head, in consultation with the Administrator for Federal 
        Procurement Policy.
    (C) A Federal agency may not require a contractor for the 
acquisition of commercial items to include in a subcontract for that 
acquisition any clause other than those clauses authorized under 
subparagraph (A) or (B).
    (3) Notwithstanding paragraphs (1) and (2) of this subsection, the 
Department of Defense may use uniform contract clauses developed under 
paragraphs (2) and (3) of section 824(b) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2325 note; 
Public Law 101-189) until September 30, 1995.
    (c) Warranties.--The Federal Acquisition Regulation shall require 
that, to the maximum extent practicable, Federal agencies take 
advantage of warranties offered by commercial contractors and use such 
warranties for the repair and replacement of commercial items.
    (d) Market Acceptance.--The Federal Acquisition Regulation shall 
direct agencies to require, where appropriate and in accordance with 
criteria prescribed in the regulations, offerors to demonstrate in 
their offers that products being offered have--
            (1)(A) achieved a level of commercial market acceptance 
        necessary to indicate that the products are suitable for the 
        agency's use; or
            (B) been satisfactorily supplied under current or recent 
        contracts for the same or similar requirements; and
            (2) otherwise meet the product description, specifications, 
        or other criteria prescribed by the public notice and 
        solicitation.
    (e) Past Performance.--The Federal Acquisition Regulation shall 
provide guidance to Federal agencies on the use of past performance of 
products and sources as a factor in award decisions.

                       Subtitle B--Miscellaneous

SEC. 121. TRUTH IN NEGOTIATIONS ACT.

    (a) Amendments.--Section 304(d)(4) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 254(d)(4)) is amended to 
read as follows:
            ``(4) Authority to require cost or pricing data.--When cost 
        or pricing data need not be required to be submitted pursuant 
        to paragraph (5), such data shall not be required to be 
        submitted unless the head of the agency determines that such 
        data are necessary for the evaluation by the agency of the 
        reasonableness of the price of the contract or subcontract. In 
        any case in which the head of the agency requires such data to 
        be submitted under this paragraph, the head of the agency shall 
        document in writing the reasons for such requirement.''.
    (b) Requirement for Revised Regulations.--Not later than 180 days 
after the date of enactment of this Act, the Federal Acquisition 
Regulation issued under section 25(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 421(c)) shall be revised to implement 
section 304(d)(4) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 254(d)) and section 2306a(b) of title 10, United 
States Code, as amended by subsection (a) and section 302.
    (c) Provisions To Be Included.--(1) In the case of contracts other 
than cost-reimbursement research and development contracts, the revised 
regulations promulgated under subsection (b) shall provide that cost or 
pricing data may not be requested from a contractor when it is likely 
that circumstances will exist in which an exception to the requirement 
to provide such data is authorized by section 304(d)(5) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 254(d)) or 
section 2306a(b) of title 10, United States Code, unless the head of 
the agency determines in writing that such data are necessary for the 
evaluation by the agency of the reasonableness of the price of the 
contract or subcontract.
    (2) The regulations also shall provide clear standards for 
determining whether the exceptions authorized by such sections apply. 
In the case of the exception provided under section 304(d)(5)(A)(i) of 
such Act and section 2306a(b)(1)(A) of such title (relating to adequate 
price competition), the regulations shall specify the criteria that 
will be used to determine whether adequate price competition exists. In 
the case of the exception provided under section 304(d)(5)(A)(ii) of 
such Act and section 2306a(b)(1)(B) of such title (relating to 
established catalog or market prices of commercial items sold in 
substantial quantities to the general public), the regulations shall 
preclude the consideration of sales to the government, including the 
percentage of an item's overall sales that are made to the Government, 
when determining whether the item has been sold in substantial 
quantities to the public.
    (3) The regulations also shall establish reasonable limitations on 
requests for sales data relating to commercial items.

SEC. 122. DEFINITIONS.

    (a) OFPP Act.--Section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) is amended by--
            (1) striking ``and'' at the end of paragraph (10);
            (2) striking the period at the end of paragraph (11) and 
        inserting ``; and''; and
            (3) adding at the end the following new paragraph:
            ``(12) the term `commercial items' means items regularly 
        used in the course of normal business operations for other than 
        Government purposes, that--
                    ``(A) have been sold, leased, or licensed to the 
                general public;
                    ``(B) have been offered for sale, lease, or license 
                to the general public;
                    ``(C) are not yet available in the commercial 
                marketplace, but will be available in time to satisfy 
                the delivery requirements under a Government 
                solicitation; or
                    ``(D) are items that, but for minor modifications 
                made to meet Government requirements, would satisfy the 
                criteria set forth in subparagraph (A), (B), or (C).''.
    (b) Federal Property and Administrative Services Act of 1949.--
Section 309(c) of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 259(c)) is amended by inserting ```commercial 
items','' immediately after ```item of supply',''.
    (c) Commercial Item Defined.--In this title, the term ``commercial 
items'' has the meaning given that term in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403), as amended by 
subsection (a).

SEC. 123. EFFECTIVE DATE.

    Unless otherwise specifically provided in this title, the 
amendments made by this title shall be effective 180 days after the 
date of the enactment of this title.

SEC. 124. PROVISIONS NOT AFFECTED.

    Nothing in this title shall be construed as amending, modifying, or 
superseding, or is intended to impair or restrict authorities or 
responsibilities under--
            (1) section 111 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 759), commonly referred to as 
        the ``Brooks Automatic Data Processing Act'';
            (2) title IX of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 541 et seq.), commonly referred 
        to as the ``Brooks Architect-Engineers Act'';
            (3) the Small Business Act (15 U.S.C. 631 et seq.), 
        including section 8(a) of that Act (15 U.S.C. 637(a)); or
            (4) the Act of June 25, 1938 (41 U.S.C. 46-48c), commonly 
        referred to as the ``Javits-Wagner-O'Day Act''.

 TITLE II--AMENDMENTS TO FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 
                              ACT OF 1949

SEC. 201. AWARD OF MULTIPLE CONTRACTS.

    Section 303B of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253b) is amended by adding at the end the 
following:
    ``(g) Award of Multiple Contracts.--In procuring any supply or 
service using competitive procedures, an executive agency may award 
more than one contract for the same supply or service in any case in 
which the head of the agency determines that it is in the best 
interests of the Government to award those contracts for the purpose of 
maintaining a continuous source for the supply or service.''.

SEC. 202. SOLICITATION EVALUATION AND AWARD.

    (a) Solicitation Requirements.--Section 303A of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253a) is 
amended--
            (1) in subsection (b)(1)(A)--
                    (A) by inserting ``and significant subfactors'' 
                after ``all significant factors''; and
                    (B) by striking ``(including price)'' and inserting 
                ``(including cost or price, cost- or price-related 
                factors, and noncost- or nonprice-related factors)'';
            (2) in subsection (b)(1)(B) by inserting ``and subfactors'' 
        after ``factors'';
            (3) in subsection (b)(2)(B) by amending clause (i) to read 
        as follows:
                            ``(i) a statement that the proposals are 
                        intended to be evaluated with, and award made 
                        after, discussions with the offerors, or that 
                        the proposals are intended to be evaluated, and 
                        award made, without discussions with the 
                        offerors (other than discussions conducted for 
                        the purpose of minor clarification), unless 
                        discussions are determined to be necessary; 
                        and''; and
            (4) by adding at the end the following new subsection:
    ``(c) Establishing Importance of Factors.--(1) In prescribing the 
evaluation factors to be included in each solicitation for competitive 
proposals, the head of an agency--
            ``(A) shall clearly establish the relative importance 
        assigned to the evaluation factors and subfactors, including 
        the quality of the product or services to be provided 
        (including technical capability, management capability, and 
        prior experience of the offeror); and
            ``(B) shall include cost or price to the Government as an 
        evaluation factor that must be considered in the evaluation of 
        proposals; and
            ``(C) shall, at a minimum, disclose to offerors whether all 
        evaluation factors other than price or cost, when combined, 
        are--
                    ``(i) significantly more important than price or 
                cost,
                    ``(ii) approximately equal in importance to price 
                or cost, or
                    ``(iii) significantly less important than price or 
                cost.
    ``(2) Nothing in this subsection prohibits an agency from--
            ``(A) providing additional information in a solicitation, 
        including numeric weights for all evaluation factors; or
            ``(B) stating in a solicitation that award will be made to 
        the offeror that meets the solicitation's mandatory 
        requirements at the lowest price or cost.''.
    (b) Evaluation and Award.--Section 303B of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253b) is amended--
            (1) in subsection (a) by inserting ``and award a contract'' 
        after ``competitive proposals'';
            (2) in subsection (c) in the second sentence by inserting 
        ``in accordance with subsection (a)'' after ``shall evaluate 
        the bids'';
            (3) in subsection (d) by amending paragraph (1) to read as 
        follows:
    ``(1) The executive agency shall evaluate competitive proposals in 
accordance with subsection (a) and may award a contract--
            ``(A) after discussions with the offerors, if written or 
        oral discussions have been conducted with all responsible 
        offerors who submit proposals within the competitive range; or
            ``(B) without discussions with the offerors (other than 
        discussions conducted for the purpose of minor clarification), 
        if the solicitation included a statement that proposals are 
        intended to be evaluated, and award made, without discussions, 
        unless discussions are determined to be necessary.''; and
            (4) in subsection (d) by striking paragraphs (2) and (3) 
        and by redesignating paragraph (4) as paragraph (2).
    (c) Application.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to--
                    (A) solicitations for sealed bids or competitive 
                proposals issued after the end of the 180-day period 
                beginning on the date of the enactment of this Act; and
                    (B) contracts awarded pursuant to those 
                solicitations.
            (2) Earlier application.--The head of an agency may apply 
        the amendments made by this section to solicitations issued 
        before the end of the period referred to in paragraph (1). The 
        head of the agency shall publish in the Federal Register notice 
        of any such earlier date of application before the beginning of 
        the 10-day period ending on that date.

SEC. 203. CERTIFIED COST OR PRICING DATA THRESHOLD.

    (a) Certifying Data.--
            (1) Affected contracts.--Section 304(d) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        254(d)) is amended--
                    (A) by striking out ``$100,000'' each place it 
                appears and inserting in lieu thereof ``the cost or 
                pricing data threshold''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) For the purposes of this subsection, the term `the 
        cost or pricing data threshold' means $500,000, or, after 
        December 31, 1995, $100,000.''.
            (2) Application.--The amendments made by this subsection 
        shall apply to--
                    (A) prime contracts, or subcontracts (without 
                regard to the date on which the associated prime 
                contract was awarded), entered into after the date on 
                which the Federal Acquisition Regulation is promulgated 
                pursuant to section 204; and
                    (B) changes or modifications to prime contracts or 
                subcontracts when those changes or modifications are 
                entered into after the date on which a final revision 
                of the Federal Acquisition Regulation is issued 
                pursuant to section 204.
            (3) Modification.--Upon the request of a contractor, the 
        head of an agency may modify a contract to reflect the dollar 
        thresholds set forth in the revision to the Federal Acquisition 
        Regulation issued pursuant to section 204. Any such 
        modification shall be made without requiring consideration.
    (b) Regulations for Below-Threshold Procurements.--
            (1) Type of procurements.--The Administrator of General 
        Services, in consultation with the Administrator for Federal 
        Procurement Policy, shall prescribe regulations identifying the 
        type of procurements for which contracting officers should 
        consider requiring the submission of certified cost or pricing 
        data under section 304(d) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C 254).
            (2) Types of information.--The Administrator of General 
        Services, in consultation with the Administrator for Federal 
        Procurement Policy, shall prescribe regulations concerning the 
        types of information that offerors may be required to submit 
        for a contracting officer to consider in determining whether 
        the price of a procurement to the Government is fair and 
        reasonable when certified cost or pricing data are not required 
        to be submitted under section 304(d) of such Act because the 
        price of the procurement to the United States is not expected 
        to exceed $500,000. Such information, at a minimum, shall 
        include appropriate information on the prices at which such 
        offeror has previously sold the same or similar products.
            (3) Deadline.--The regulations required under this 
        subsection shall be prescribed no later than 6 months after the 
        date of the enactment of this Act.
    (c) Repeal of Commercial Pricing Requirements.--
            (1) Repeal.--Section 303E of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253e) is 
        repealed.
            (2) Clerical amendment.--The first section of the Federal 
        Property and Administrative Services Act of 1949 is amended in 
        the table of contents by striking the item relating to section 
        303E.
    (d) Review of Amendments.--
            (1) In general.--After the amendments made by subsections 
        (a) and (c) have been in effect for 1 year, the Comptroller 
        General shall conduct a review of the effects of the 
        amendments. The Comptroller General shall coordinate that 
        review, insofar as possible, with the review conducted by the 
        Inspector General of the Department of Defense pursuant to 
        section 803(b) of the National Defense Authorization Act for 
        Fiscal Year 1991 (Public Law 101-510).
            (2) Factors considered.--The review conducted under 
        paragraph (1) shall address whether the amendments made by 
        subsections (a) and (c) have improved the acquisition process 
        in terms of reduced paperwork, financial or other savings to 
        the Government, an increase in the number of contractors 
        participating in the contracting process, and the adequacy of 
        information available to contracting officers in cases in which 
        certified cost or pricing data are not required.
            (3) Report.--Not later than the date on which the President 
        submits the budget for fiscal year 1996 to the Congress 
        pursuant to section 1105 of title 31, United States Code, the 
        Comptroller General shall submit to the Congress a report on 
        the review conducted under paragraph (1). The report shall 
        include the comments of the Administrator for Federal 
        Procurement Policy and the Administrator of General Services.

SEC. 204. REVISION OF FEDERAL ACQUISITION REGULATION; EFFECTIVE DATE.

    (a) Revision of FAR.--Unless otherwise specifically provided in 
this title, not later than 180 days after the date of the enactment of 
this Act, the Federal Acquisition Regulation issued under section 25(c) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)) 
shall be revised to reflect the amendments made by sections 201, 202, 
203(a) and (c), and 301.
    (b) Effective Date.--Unless otherwise specifically provided in this 
title, the amendments made by this title and section 301 shall be 
effective 180 days after the date of the enactment of this Act.
    (c) Standards and Requirements for Cost and Price as Evaluation 
Factors.--
            (1) In general.--The Federal Acquisition Regulation, as 
        revised pursuant to subsection (a), shall establish standards 
        and requirements for the consideration of cost and price to the 
        Government as evaluation factors under the amendments made by 
        sections 202(a)(4) and 301.
            (2) Standards and requirements.--Standards and requirements 
        established under paragraph (1) shall be adequate to ensure 
        that, to the maximum extent practicable consistent with the 
        needs of the Federal Government in conducting procurements--
                    (A) cost or price is an evaluation factor of 
                sufficient weight to affect each source selection 
                decision; and
                    (B) competition among competing offerors is 
                affected by cost or price.

     TITLE III--AMENDMENTS RELATING TO TITLE 10, UNITED STATES CODE

SEC. 301. SOURCE SELECTION FACTORS.

    Paragraph 2305(a)(3) of title 10, United States Code, is amended to 
read as follows:
            ``(3)(A) In prescribing the evaluation factors to be 
        included in each solicitation for competitive proposals, the 
        head of an agency--
                    ``(i) shall clearly establish the relative 
                importance assigned to the evaluation factors and 
                subfactors, including the quality of the product or 
                services to be provided (including technical 
                capability, management capability, and prior experience 
                of the offeror);
                    ``(ii) shall include cost or price to the 
                Government as an evaluation factor that must be 
                considered in the evaluation of proposals; and
                    ``(iii) shall, at a minimum, disclose to offerors 
                whether all evaluation factors other than price or 
                cost, when combined, are--
                            ``(I) significantly more important than 
                        price or cost,
                            ``(II) approximately equal in importance to 
                        price or cost, or
                            ``(III) significantly less important than 
                        price or cost.
            ``(B) Nothing in this paragraph prohibits an agency from--
                    ``(i) providing additional information in a 
                solicitation, including numeric weights for all 
                evaluation factors; or
                    ``(ii) stating in a solicitation that award will be 
                made to the offeror that meets the solicitation's 
                mandatory requirements at the lowest price or cost.''.

SEC. 302. TRUTH IN NEGOTIATIONS.

    Section 2306a(c) of title 10, United States Code, is amended to 
read as follows:
    ``(c) Authority to Require Cost or Pricing Data.--When cost or 
pricing data need not be required to be submitted pursuant to 
subsection (b), such data shall not be required to be submitted unless 
the head of the agency determines that such data are necessary for the 
evaluation by the agency of the reasonableness of the price of the 
contract or subcontract. In any case in which the head of the agency 
requires such data to be submitted under this subsection, the head of 
the agency shall document in writing the reasons for such 
requirement.''.

                    TITLE IV--BROOKS ACT AMENDMENTS

SEC. 401. SHORT TITLES OF CERTAIN PROVISIONS OF FEDERAL PROPERTY AND 
              ADMINISTRATIVE SERVICES ACT OF 1949.

    (a) Automatic Data Processing Equipment Provisions.--Section 111 of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
759) is amended by adding at the end the following new subsection:
    ``(i) This section may be cited as the `Brooks Automatic Data 
Processing Act'.''.
    (b) Architectural and Engineering Services Provisions.--Title IX of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
541-544) is amended by adding at the end the following new section:

``SEC. 905. SHORT TITLE.

    ``This title may be cited as the `Brooks Architect-Engineers 
Act'.''.

SEC. 402. DISMISSAL; AWARD OF COSTS.

    Section 111(f)(4) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(f)(4)) is amended by striking 
subparagraph (C) and inserting the following:
    ``(C) The board may dismiss a protest that the board determines--
            ``(i) is frivolous,
            ``(ii) has been brought in bad faith, or
            ``(iii) on its face does not state a valid basis for 
        protest.
    ``(D) If a party violates or fails to comply in good faith with, or 
causes a violation of or failure to comply in good faith with, an order 
or decision of the board, the board may require that party to pay to 
any other party the amount of any reasonable costs, including 
attorney's fees, incurred by the other party in seeking compliance with 
such order or decision.''.

SEC. 403. OVERSIGHT OF ACQUISITION OF AUTOMATIC DATA PROCESSING 
              EQUIPMENT BY FEDERAL AGENCIES.

    Section 111 of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 759), as amended by this Act, is further amended by 
inserting after subsection (g) the following new subsection:
    ``(h)(1) The Administrator shall collect and compile data from 
Federal agencies regarding the procurement of automatic data processing 
equipment under this section. That data shall include, at a minimum, 
with regard to those procurements specified by the Administrator in 
regulation--
            ``(A) the procuring agency,
            ``(B) the contractor,
            ``(C) the automatic data processing equipment and services 
        procured,
            ``(D) the manufacturer of the equipment procured,
            ``(E) the amount of the contract,
            ``(F) the type of contract used,
            ``(G) the extent of competition for award,
            ``(H) compatibility restrictions, and
            ``(I) significant modifications of the contract.
    ``(2) The head of each Federal agency shall report to the 
Administrator in accordance with regulations issued by the 
Administrator all information required to be compiled by the 
Administrator under paragraph (1).
    ``(3) The Administrator--
            ``(A) shall carry out a systematic review and conduct 
        periodic audits of information received under this subsection;
            ``(B) shall use such information as appropriate to 
        determine the compliance of Federal agencies with the 
        requirements of this section; and
            ``(C) may suspend the delegation to an agency of authority 
        to lease and purchase automatic data processing equipment upon 
        any substantial failure by the head of the agency to report to 
        the Administrator in accordance with this subsection.
    ``(4) The Administrator shall, upon receipt of information that a 
Federal agency has failed to comply with the terms of any delegation of 
authority to lease or purchase automatic data processing equipment or 
has failed to comply with any applicable law or regulation, take 
appropriate corrective action.
    ``(5) Data collected pursuant to this section shall be drawn from 
existing Federal agency information resources, and no new or additional 
information reporting requirements may be imposed on offerors or 
contractors for that purpose.''.

SEC. 404. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date 
which is 180 days after the date of the enactment of this title.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. PROCUREMENT PROTEST SYSTEM IMPROVEMENTS.

    (a) GAO Recommendations on Protests.--Section 3554 of title 31, 
United States Code, is amended--
            (1) in subsection (b) by adding at the end the following 
        new paragraph:
    ``(3) The head of the procuring activity responsible for the 
solicitation, proposed award, or award of a contract shall report to 
the Comptroller General if the Federal agency has not fully implemented 
recommendations of the Comptroller General under this subsection with 
respect to that contract within 60 days after receiving the 
recommendations, by not later than the end of that 60-day period.'';
            (2) in subsection (c)(1) by striking ``declare an 
        appropriate interested party to be entitled to'' and inserting 
        ``recommend that the Federal agency conducting the procurement 
        pay to an appropriate interested party'';
            (3) by amending subsection (c)(2) to read as follows:
            ``(2) If the Comptroller General recommends under paragraph 
        (1) that a Federal agency pay an amount of costs to an 
        interested party, the Federal agency shall--
                    ``(A) pay the amount promptly out of amounts 
                appropriated by section 1304 of this title for the 
                payment of judgments, and reimburse that appropriation 
                account out of available funds or by obtaining 
                additional appropriations for that purpose, or
                    ``(B) report to the Comptroller General promptly 
                why the recommendation will not be followed by the 
                agency.''.
            (4) by adding at the end of subsection (c) the following 
        new paragraph:
    ``(3) An interested party to which the Comptroller General has 
recommended that costs be paid under paragraph (1) and the Federal 
agency recommended to pay those costs shall attempt to reach agreement 
on the amount of the costs to be paid, but if they are unable to agree, 
a party may request that the Comptroller General recommend the amount 
of the costs to be paid.''; and
            (5) by amending subsection (e) to read as follows:
    ``(e)(1) The Comptroller General shall report promptly to the 
Committee on Government Operations and the Committee on Appropriations 
of the House of Representatives and to the Committee on Governmental 
Affairs and the Committee on Appropriations of the Senate in any case 
in which a Federal agency fails to implement fully a recommendation of 
the Comptroller General under subsection (b) or (c). The report shall 
include--
            ``(A) a comprehensive review of the pertinent procurement, 
        including the circumstances of the failure of the Federal 
        agency to implement a recommendation of the Comptroller 
        General, and
            ``(B) a recommendation regarding whether, in order to 
        correct inequity or to preserve the integrity of the 
        procurement process, the Congress should consider--
                    ``(i) private relief legislation;
                    ``(ii) legislative rescission or cancellation of 
                funds;
                    ``(iii) further investigation by the Congress; or
                    ``(iv) other action.
    ``(2) Not later than January 31 of each year, the Comptroller 
General shall transmit to the Congress a summary report describing each 
instance in which a Federal agency did not fully implement a 
recommendation of the Comptroller General under subsection (b) or (c) 
during the preceding year.''.
    (b) Ratification of Prior Awards.--Amounts to which the Comptroller 
General declared an interested party to be entitled under section 3554 
of title 31, United States Code, as in effect immediately before the 
enactment of this Act, shall, if not paid or otherwise satisfied by the 
Federal agency concerned before the date of the enactment of this Act, 
be paid promptly from the appropriation made by section 1304 of title 
31, United States Code, for the payment of judgments, and the Federal 
agency shall reimburse that appropriation account out of available 
funds or by obtaining additional appropriations for that purpose.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect at the end of the 45-day period beginning on the date of 
the enactment of this Act.

SEC. 502. POST-AWARD DEBRIEFINGS.

    (a) Amendment to Office of Federal Procurement Policy Act.--The 
Office of Federal Procurement Policy Act (41 U.S.C. et seq.) is amended 
by adding at the end the following new section:

``SEC. 29. POST-AWARD DEBRIEFINGS.

    ``(a) Debriefing Guidelines.--The Federal Acquisition Regulation 
shall be revised to include guidelines for the debriefing of 
unsuccessful offerors for any contract for an amount in excess of the 
small purchase threshold which was awarded on a basis other than price 
alone. Such guidelines shall provide that such debriefings shall occur 
upon the written request of an unsuccessful offeror and in a timely 
manner. Such guidelines shall require, to the maximum extent 
practicable, such debriefings to include at least the following:
            ``(1) A detailed review of the offeror's proposal in 
        relation to the evaluation factors and subfactors specified in 
        the solicitation for the contract, including identification of 
        any weaknesses and strengths of the proposal, results of any 
        past performance analyses, and cost realism assessment.
            ``(2) A description of the rationale for the award of the 
        contract.
            ``(3) The overall evaluated cost and combined technical and 
        cost scores of the awardee and the debriefed offeror, and the 
        technical point scores of the awardee and the debriefed 
        offeror.
            ``(4) The overall ranking of all offerors.
    ``(b) Information Not Provided.--A debriefing under subsection (a) 
shall not make point-by-point comparisons with other offerors' 
proposals and shall not disclose any information that is not subject to 
disclosure under section 552 of title 5, United States Code, including 
information relating to--
            ``(1) trade secrets;
            ``(2) privileged or confidential manufacturing processes 
        and techniques; and
            ``(3) commercial and financial information that is 
        privileged or confidential, including cost breakdowns, profit, 
        indirect cost rates, and similar information.
    ``(c) Notification of Disclosure.--Each solicitation for contracts 
subject to subsection (a) shall notify participating offerors that the 
categories of information described in subsection (a) may be disclosed 
by the Government in post-award debriefings.''.
    (b) Regulations.--The Federal Acquisition Regulatory Council shall 
issue a final revision of the Federal Acquisition Regulation 
implementing section 29 of the Office of Federal Procurement Policy 
Act, as added by subsection (a), not later than 180 days after the date 
of the enactment of this Act.
    (c) Effective Date.--Section 29 of the Office of Federal 
Procurement Policy Act, as added by subsection (a), shall apply with 
respect to solicitations for contracts issued after the expiration of 
the 180-day period beginning on the date of the enactment of this Act.

SEC. 503. INCREASE IN THE SMALL PURCHASE THRESHOLD; IMPLEMENTATION OF 
              ELECTRONIC DATA INTERCHANGE SYSTEMS FOR PROCUREMENT 
              INFORMATION.

    (a) Increase.--
            (1) In general.--Section 4(11) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403) is amended to read as 
        follows:
            ``(11) the term `small purchase threshold' means--
                    ``(A) $50,000, adjusted on October 1 of each year 
                divisible by 5 to the amount equal to $50,000 in 
                constant fiscal year 1990 dollars (rounded to the 
                nearest $1,000); or
                    ``(B) an amount that is equal to twice the amount 
                described in subparagraph (A), in the case of any 
                procurement in which solicitation of bids or proposals, 
                placement of an order, award of a contract, provision 
                of notice of award of a contract, and all other similar 
                actions necessary for the acquisition of property or 
                services by an executive agency are performed through 
                an electronic data interchange system for procurement 
                information that is approved and certified by the 
                Administrator under section 30(f);''.
            (2) Interim rule.--Notwithstanding paragraph (1), during 
        the 5-year period beginning on the issuance of final form of 
        revisions to the Federal Acquisition Regulation under 
        subsection (b), buying activities shall continue to report, 
        pursuant to section 19(d) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 417(d)), procurement awards with a dollar 
        value of at least $25,000, but less than $100,000, in 
        conformity with the procedures for the reporting of a contract 
        award in excess of $25,000 which were in effect on May 24, 
        1993.
            (3) Effective date.--The amendment made by paragraph (1) 
        shall take effect upon, and apply to solicitations made and 
        orders placed after the effective date of the revisions to the 
        Federal Acquisition Regulation under subsection (b).
    (b) Improved Notice of Small Purchase Contracting Opportunities.--
The Federal Acquisition Regulation shall be revised to--
            (1) provide prospective offerors, especially small business 
        concerns (including small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals), with improved access to information regarding 
        small purchase procurement opportunities meeting the standards 
        of section 18 of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 416) through the use of techniques appropriate for 
        each buying activity (or class of buying activities), including 
        to the extent practicable providing remote access to such 
        information through electronic data interchange; and
            (2) to ensure that--
                    (A) agencies comply with the requirements of 
                section 8(a) of the Small Business Act (15 U.S.C. 
                637(a)) and section 2323 of title 10, United States 
                Code, in awarding any contract with a price exceeding 
                $25,000; and
                    (B) the authority under part 13.106(a)(1) of the 
                Federal Acquisition Regulation (48 C.F.R. 
                13.106(a)(1)), as in effect on May 19, 1993, to make 
                purchases without securing competitive quotations shall 
                not apply to any purchases with a price exceeding 
                $2,500.
    (c) Performance Test and Report.--
            (1) Performance test.--The Comptroller General of the 
        United States shall monitor and collect data on the results of 
        the increase in the small purchase threshold made by the 
        amendment made by subsection (a), to ascertain its effects on 
        the participation of small business concerns (including small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals) in procurement awards 
        of less than $100,000 and the benefits and detriments, if any, 
        to the buying activities of the various Executive agencies.
            (2) Data to be collected.--Data collected under paragraph 
        (1) shall include data regarding whether the amendment made by 
        subsection (a) has improved the acquisition process in terms of 
        reduced paperwork, financial or other savings to the 
        Government, and any increase in the number of contractors 
        participating in the contracting process.
            (3) Period.--Data shall be collected for purposes of 
        paragraph (1) during the period beginning with the first full 
        fiscal year quarter after the effective date of the amendment 
        made by subsection (a) and ending September 30, 1995.
            (4) Report.--By March 1, 1996, the Comptroller General of 
        the United States shall report to the Committee on Government 
        Operations of the House of Representatives, the Committee on 
        Governmental Affairs of the Senate, and the Committees on Small 
        Business of the House of Representatives and the Senate on the 
        effects of the increase in the small purchase threshold made by 
        the amendment made by subsection (a).
    (d) Functions of Administrator for Federal Procurement Policy.--
Section 6(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 
405(d)) is amended--
            (1) in paragraph (7) by striking ``and'' after the 
        semicolon at the end; and
            (2) by redesignating paragraph (8) as paragraph (10) and 
        inserting after paragraph (7) the following:
            ``(8) developing policies, in consultation with the 
        Administrator of the Small Business Administration, that ensure 
        that small businesses and small businesses owned and controlled 
        by socially and economically disadvantaged persons are provided 
        with the maximum practicable opportunities to participate in 
        procurements that are conducted below the small purchase 
        threshold; and
            ``(9) developing policies that will promote achievement of 
        goals for participation by small businesses and small 
        businesses owned and controlled by socially and economically 
        disadvantaged individuals.''.
    (e) Implementation of Electronic Data Interchange Systems for 
Procurement Information.--The Office of Federal Procurement Policy Act 
(41 U.S.C. 401 et seq.) is further amended by adding after section 29 
(as added by section 502) the following:

``SEC. 30. ELECTRONIC DATA INTERCHANGE SYSTEMS FOR PROCUREMENT 
              INFORMATION.

    ``(a) In General.--The Administrator shall establish a program for, 
and provide overall direction of policy and leadership in, the 
development, coordination, installation, and completion of 
implementation by executive agencies, by not later than 5 years after 
the effective date of this section, of electronic data interchange 
systems for procurement information (in this section referred to as 
`systems').
    ``(b) Functions of Administrator of General Services.--The 
Administrator of General Services shall--
            ``(1) establish acquisition and support programs to 
        facilitate efficient and widespread implementation of systems 
        by executive agencies;
            ``(2) assist the Director of the National Institute of 
        Standards and Technology in the development of standards for 
        those systems;
            ``(3) ensure compliance with section 111 of the Federal 
        Property and Administrative Services Act of 1949 in the 
        establishment of systems by executive agencies, including by 
        limiting the scope of delegations under subsection (a) of that 
        section;
            ``(4) submit to the Congress, on the date that is one year 
        after the effective date of this section and on that date in 
        each of the 5 years thereafter, a report on the overall 
        progress by the executive branch and by each executive agency 
        in establishing systems; and
            ``(5) coordinate with the Administrator to facilitate the 
        efficient and widespread implementation of systems by executive 
        agencies.
    ``(c) Establishment of Systems by Executive Agencies.--
            ``(1) In general.--The head of each executive agency shall 
        cooperate with the Administrator and the Administrator of 
        General Services to establish a system for the agency.
            ``(2) Designation of program manager.--
                    ``(A) Designation.--The head of each executive 
                agency shall designate a program manager to establish a 
                system for the agency and otherwise implement this 
                section.
                    ``(B) Functions.--A program manager designated 
                under this paragraph for an executive agency shall--
                            ``(i) report directly to the senior 
                        procurement executive designated for the agency 
                        under section 16(3);
                            ``(ii) be responsible for the timely and 
                        cost-effective establishment of a system for 
                        the agency that is responsive to the 
                        procurement needs of the agency, national 
                        business needs, and the public's interest in 
                        open government; and
                            ``(iii) in carrying out this section, 
                        comply with guidelines issued by the 
                        Administrator under this section and program 
                        directives issued by the Administrator of 
                        General Services under section 111 of the 
                        Federal Property and Administrative Services 
                        Act of 1949.
    ``(d) Functions of National Institute of Standards and 
Technology.--The Director of the National Institute of Standards and 
Technology shall--
            ``(1) issue standards for systems established under this 
        section, including for the approval and certification of 
        systems under subsection (f); and
            ``(2) establish tests to facilitate the aims of this 
        section and support policies established by the Administrator 
        under this section.
    ``(e) Functions of Small Business Administration.--The 
Administrator of the Small Business Administration shall be principally 
responsible for--
            ``(1) promotion of the use by small businesses of systems 
        established by executive agencies; and
            ``(2) informing and providing training for small businesses 
        with respect to those systems.
    ``(f) Approval and Certification of Systems.--
            ``(1) In general.--The Administrator shall establish 
        standards and procedures for the submittal by executive 
        agencies, and the review, approval, and certification by the 
        Administrator for purposes of section 4(11)(B) within 90 days 
        after the date of that submittal, of systems established by 
        executive agencies.
            ``(2) Requirements for approval and certification.--The 
        Administrator may not approve and certify a system established 
        by an executive agency unless the Administrator determines that 
        the system--
                    ``(A) provides widespread public notice of 
                solicitations for bids and proposals issued by the 
                agency and of orders to be made by the agency below the 
                small purchase threshold; and
                    ``(B) allows private users of the system to 
                electronically--
                            ``(i) selectively access and review 
                        solicitations and orders;
                            ``(ii) respond to solicitations and notices 
                        of orders issued by the agency;
                            ``(iii) receive orders from the agency;
                            ``(iv) access information on awards of 
                        contracts; and
                            ``(v) receive prompt bank card or 
                        electronic funds transfer payment.''.
    (f) Technical Correction.--Section 18(d) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416) is amended by striking ``(e)'' 
in the first sentence and inserting ``(a)''.

SEC. 504. TEST PROGRAM.

    (a) In General.--The Administrator for Federal Procurement Policy 
(in this section referred to as the ``Administrator'') may conduct a 
program of tests of alternative and innovative procurement procedures. 
To the extent consistent with this section, such program shall be 
conducted consistent with section 15 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 413). No more than 6 such tests shall 
be conducted under this authority.
    (b) Designation of Agencies.--Each test conducted pursuant to 
subsection (a) shall be limited to not more than 2 specific contracting 
activities in an agency designated by the Administrator. Each agency so 
designated shall select the contracting activities participating in the 
test with the approval of the Administrator and shall designate a 
procurement testing official who shall be responsible for the conduct 
and evaluation of tests within that agency.
    (c) Test Requirements.--Tests conducted under subsection (a)--
            (1) shall be developed and structured by the Administrator, 
        in coordination with agency senior procurement executives 
        designated pursuant to section 16(e) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 414(3));
            (2) shall be for a period of not greater than 4 years;
            (3) shall be limited to specific programs of agencies or 
        specific acquisitions;
            (4) may not include any test with a total estimated life-
        cycle cost to the Government greater than $100,000,000;
            (5) shall include--
                    (A) a test of simplified procurement procedures for 
                acquisitions with an estimated annual total obligation 
                of funds of $500,000 or less by the National 
                Aeronautics and Space Administration;
                    (B) a test of streamlined procedures for 
                competition among interested sources participating in 
                the tailoring of a solicitation for the purchase of 
                commercial products by at least one agency; and
                    (C) a test of commercial item acquisition 
                procedures in which all evaluation factors and 
                subfactors on which a contract award will be based are 
                disclosed in the solicitation, identifying both the 
                absolute and relative weight for each factor and each 
                subfactor; and
            (6) shall not include any procurement the cost of which is 
        expected to exceed $5,000,000 (including options).
    (d) Limitation on Total Value of Contracts Under Program.--
            (1) Limitation.--The Administrator shall ensure that the 
        total amount obligated under contracts awarded pursuant to the 
        program under this section does not exceed $600,000,000.
            (2) Monitoring.--The Administrator shall monitor the value 
        of contracts awarded pursuant to the program under this 
        section.
            (3) Prohibition on awards in excess of limit.--No contract 
        may be awarded under the program under this section if the 
        award of the contract would result in obligation of more than 
        $600,000,000 under contracts under this section.
    (e) Procedures Authorized.--Tests conducted under this section may 
include tests of any of the following procedures:
            (1) Publication of agency needs prior to drafting of a 
        solicitation.
            (2) Screening of sources and competition among capable 
        vendors.
            (3) Issuance of draft solicitations for comment.
            (4) Streamlined solicitations, with a minimized number of 
        evaluation factors and information required from vendors, 
        abbreviated periods for submission of offers, and page 
        limitations on offers.
            (5) Limitation of source selection factors to--
                    (A) cost to the Government;
                    (B) past experience; and
                    (C) quality of the contents of the offer.
            (6) Evaluation of proposals by small teams of highly 
        qualified people, limited to 30 days.
            (7) Competition among sources of preevaluated products.
            (8) Alternative notice and publication requirements.
            (9) In not more than one of the tests, a process in which--
                    (A) the competitive process is initiated by a 
                notice in the Commerce Business Daily synopsizing the 
                needs of the executive agency conducting the test, in 
                functional and performance terms, with other 
                specifications provided for guidance only;
                    (B) the notice invites interested sources to submit 
                information or samples showing their product's 
                suitability for those needs (with price quotations) or, 
                if appropriate, showing the sources' technical 
                capability, past performance, product supportability, 
                or other qualifications (with appropriate consideration 
                to rates and other cost-related factors);
                    (C) contracting officials develop a request for 
                proposals (including appropriate specifications and 
                evaluation criteria) after reviewing the submittals 
                made by interested sources and, if the officials 
                determine necessary, after consultation with those 
                sources; and
                    (D) the contract is awarded after a streamlined 
                competition limited to all sources that timely provided 
                product information in response to the notice or, if 
                appropriate, to those sources determined most capable 
                based on those qualification-based factors included in 
                an invitation to submit information pursuant to 
                subparagraph (B).
    (f) Test Plan.--Not later than 60 days before implementing any test 
program under this section, the Administrator shall--
            (1) provide a detailed test plan, including lists of any 
        regulations that are to be waived, and any written 
        determination under subsection (f)(1)(B) to the Committee on 
        Government Operations of the House of Representatives and the 
        Committee on Governmental Affairs of the Senate;
            (2) provide a copy of the plan to the appropriate 
        authorizing committees of the House of Representatives and the 
        Senate; and
            (3) publish the plan in the Federal Register and provide an 
        opportunity for public comment.
    (g) Waiver of Procurement Regulations.--
            (1) In general.--For purposes of a test conducted under 
        subsection (a), the Administrator may waive--
                    (A) any provision of the Federal Acquisition 
                Regulation that is not required by statute; and
                    (B) any provision of the Federal Acquisition 
                Regulation that is required by a provision of law 
                described in paragraph (2), the waiver of which the 
                Administrator determines in writing to be necessary to 
                conduct any test of any of the 9 procedures described 
                in subsection (e).
            (2) Provisions of law described.--The provisions of law 
        referred to in paragraph (1) are the following:
                    (A) Section 3709 of the Revised Statutes (41 U.S.C. 
                5).
                    (B) Section 3710 of the Revised Statutes (41 U.S.C. 
                8).
                    (C) Section 3735 of the Revised Statutes (41 U.S.C. 
                13).
                    (D) Section 310 of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 260).
                    (E) Section 303 of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253).
                    (F) Section 2304 of title 10, United States Code.
                    (G) Section 303A of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253a).
                    (H) Section 303B of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253b).
                    (I) Section 2305 of title 10, United States Code.
                    (J) Section 303C of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253c).
                    (K) Section 2319 of title 10, United States Code.
                    (L) Section 4(6) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 403(6)).
                    (M) Section 18 of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 416).
                    (N) Sections 8 (e), (f), and (g) of the Small 
                Business Act (15 U.S.C. 637 (e), (f), and (g)).
    (h) Reports and Reviews.--
            (1) Administrator.--The Administrator shall report to the 
        Congress on the results of each test conducted under subsection 
        (a).
            (2) Comptroller general.--The Comptroller General of the 
        United States shall review each test conducted under subsection 
        (a) and report to the Congress on each test and shall report 
        annually to the Congress on the conduct of and results of all 
        tests conducted under subsection (a).
    (i) Expiration of Authority.--The authority to conduct tests under 
this section and to award contracts under such tests shall expire on 
October 1, 1997. Contracts entered prior to October 1, 1997, pursuant 
to a test shall remain in effect, notwithstanding the expiration of the 
authority to conduct the test under this section.

SEC. 505. SINGLE AUDIT UNDER BROOKS ARCHITECT-ENGINEERS ACT.

    Section 904 of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 544) is amended by adding at the end the following:
    ``(d) An agency may not perform any preaward audit to evaluate 
proposed costs under any contract, subcontract, or modification awarded 
or made in accordance with this title in any case in which the 
contracting officer determines that the objectives of the audit 
reasonably can be met by accepting the results of an audit conducted by 
a Federal Government audit agency within the previous year.''.

SEC. 506. BUY AMERICAN REQUIREMENT FOR FEDERAL AGENCIES.

    (a) Applicability of Buy American Requirements.--The Administrator 
of General Services shall ensure that the requirements of the Buy 
American Act apply to all procurements, consistent with international 
obligations, made with funds provided pursuant to the authorization 
contained in the amendment made by section 601.
    (b) Reports on Procurements From Foreign Entities.--The 
Administrator of General Services shall submit to the Congress a report 
on the amount of procurements from foreign entities made in fiscal 
years 1994, 1995, and 1996 with funds provided pursuant to the 
authorization contained in the amendment made by section 601. Such 
report shall separately indicate the dollar value of items procured 
with such funds for which the Buy American Act was waived pursuant to 
the Trade Agreement Act of 1979 or any international agreement to which 
the United States is a party.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If the Administrator of General Services 
determines that a person has been convicted of intentionally affixing a 
label bearing a ``Made in America'' inscription to any product sold in 
or shipped to the United States that is not made in America, the 
Administrator shall determine, not later than 90 days after determining 
that the person has been so convicted, whether the person should be 
debarred from contracting with the General Services Administration. If 
the Administrator determines that the person should not be debarred, 
the Administrator shall submit to Congress a report on such 
determination not later than 30 days after the determination is made.
    (d) Definitions.--For purposes of this section--
            (1) the term ``Buy American Act'' means title III of the 
        Act entitled ``An Act making appropriations for the Treasury 
        and Post Office Departments for the fiscal year ending June 30, 
        1934, and for other purposes'', approved March 3, 1933 (41 
        U.S.C. 10a et seq.); and
            (2) the term ``debar'' means to exclude, pursuant to 
        established administrative procedures, from Government 
        contracting and subcontracting for a specified period of time 
        commensurate with the seriousness of the failure or offense or 
        the inadequacy of performance.

    TITLE VI--PROVISIONS RELATING TO GENERAL SERVICES ADMINISTRATION

SEC. 601. AUTHORIZATION OF FUNCTIONS AND ACTIVITIES UNDER THE FEDERAL 
              PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949.

    Section 603(a) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 475) is amended to read as follows:
    ``(a) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act for each fiscal year 
through the fiscal year ending on September 30, 1996, including payment 
in advance, when authorized by the Administrator, for library 
memberships in societies whose publications are available to members 
only, or to members at a price lower than that charged to the general 
public. Nothing in this subsection shall affect authorizations of 
appropriations or appropriations set forth elsewhere in this Act.''.

SEC. 602. REQUIREMENTS FOR APPOINTMENTS TO SENIOR POSITIONS IN GENERAL 
              SERVICES ADMINISTRATION.

    (a) In General.--Section 101 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 751) is amended by 
redesignating subsection (f) as subsection (g) and by inserting after 
subsection (e) the following new subsection:
    ``(f) A person appointed as the Deputy Administrator of General 
Services or as the head of a principal organizational unit of the 
General Services Administration shall, in addition to any other minimum 
qualifications, have significant previous management experience in 
government or the private sector in an area or areas directly related 
to the functions and responsibilities of the position to which that 
person is appointed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
not apply to any person in a position affected by such amendments on 
the date of the enactment of this Act.

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