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103D CONGRESS

1ST SESSION H. R. 2454

To increase the efficiency of Government procurement.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1993

Mr. MACHTLEY introduced the following bill; which was referred jointly to the

Committees on Government Operations and the Judiciary

A BILL

To increase the efficiency of Government procurement.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Procurement Effi5 ciency Act of 1993’’.

6 SEC. 2. ON-LINE DATA BASE OF FEDERAL PROCUREMENT

7 OPPORTUNITIES.

8 (a) ESTABLISHMENT OF DATA BASE.—Section 18 of

9 the Office of Federal Procurement Policy Act (41 U.S.C.

10 416) is amended by adding at the end the following:

11 ‘‘(e)(1) The Secretary of Commerce shall establish a

12 computerized data base of information regarding—
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1 ‘‘(A) procurements to be conducted by executive

2 agencies; and

3 ‘‘(B) subcontracts to be awarded pursuant to

4 those procurements.

5 ‘‘(2) The data base established under this subsection

6 shall—

7 ‘‘(A) include information that is substantially

8 the same as the information relating to procure9 ments by executive agencies that is published in the

10 Commerce Business Daily;

11 ‘‘(B) include the notices furnished to the Sec12 retary of Commerce under subsection (a)(1)(A); and

13 ‘‘(C) make that information and those notices

14 publicly available to on-line users of the data base.’’.

15 (b) IMPLEMENTATION.—The Secretary of Commerce

16 shall establish and make publicly available the data base

17 required by the amendment made by subsection (a) by not

18 later than 1 year after the date of the enactment of this

19 Act.

20 (c) CONFORMING AMENDMENT.—Section 18(a)(2) of

21 the Office of Federal Procurement Policy Act (41 U.S.C.

22 416(a)(2)) is amended by inserting after ‘‘Daily’’ the fol23 lowing: ‘‘, and include promptly in the data base estab24 lished under subsection (e),’’.
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1 SEC. 3. IDENTIFICATION OF CONTRACTORS IN EXECUTIVE

2 AGENCY PROCUREMENT RECORDS; SHARING

3 OF PROCUREMENT RECORDS BY EXECUTIVE

4 AGENCIES.

5 Section 19 of the Office of Federal Procurement Pol6 icy Act (41 U.S.C. 417) is amended—

7 (1) in subsection (b)(1)(B) by inserting before

8 the semicolon the following: ‘‘, including the tax9 payer identification number of the source’’; and

10 (2) by adding at the end the following:

11 ‘‘(e) Each executive agency shall make all records es12 tablished and maintained under this section readily avail13 able to all other executive agencies.’’.

14 SEC. 4. INCREASE IN SMALL PURCHASE THRESHOLD.

15 (a) INCREASE IN SMALL PURCHASE THRESHOLD.—

16 Section 4(11) of the Office of Federal Procurement Policy

17 Act (41 U.S.C. 403(11)) is amended by striking

18 ‘‘$25,000’’ each place it appears and inserting

19 ‘‘$100,000’’.

20 (b) REQUIREMENT OF PROCUREMENT NOTICES FOR

21 ALL COMPETITIVE PROCUREMENTS.—Section 18(a)(2) of

22 the Office of Federal Procurement Policy Act (41 U.S.C.

23 416(a)(2)) is amended by striking ‘‘for a price expected

24 to exceed the small purchase threshold’’.
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1 SEC. 5. CLARIFICATION OF AUTHORITY FOR PROCURE2 MENT REGULATIONS.

3 Section 16 of the Office of Federal Procurement Pol4 icy Act (41 U.S.C. 414) is amended—

5 (1) in paragraph (3) by striking ‘‘and’’ after

6 the semicolon;

7 (2) in paragraph (4) by striking the period at

8 the end and inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(5) include in each regulation governing pro11 curement that is issued by the agency a citation of

12 the specific statutory authority for the regulation.’’.

13 SEC. 6. REPRESENTATION OF SMALL BUSINESS ADMINIS14 TRATION ON COST ACCOUNTING STANDARDS

15 BOARD.

16 Section 20(a)(1) of the Office of Federal Procure17 ment Policy Act (41 U.S.C. 422(a)(1)) is amended—

18 (1) in the matter preceding subparagraph (A)—

19 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and

20 (B) by striking ‘‘4’’ and inserting ‘‘5’’; and

21 (2) in subparagraph (A)—

22 (A) in the matter preceding clause (i) by

23 striking ‘‘two’’ and inserting ‘‘3’’;

24 (B) in clause (i) by striking ‘‘and’’ after

25 the semicolon; and
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1 (C) by inserting after clause (ii) the follow2 ing:

3 ‘‘(iii) one of whom shall be a representative

4 of the Small Business Administration appointed

5 by the Administrator of the Small Business

6 Administration; and’’.

7 SEC. 7. RULES OPPOSED BY SBA CHIEF COUNSEL FOR AD8 VOCACY.

9 (a) IN GENERAL.—Section 612 of title 5, United

10 States Code, is amended by adding at the end the follow11 ing new subsection:

12 ‘‘(d) STATEMENT OF OPPOSITION.—

13 ‘‘(1) TRANSMITTAL OF PROPOSED RULES AND

14 INITIAL REGULATORY FLEXIBILITY ANALYSIS TO

15 SBA CHIEF COUNSEL FOR ADVOCACY.—On or before

16 the 30th day preceding the date of publication by an

17 agency of general notice of proposed rulemaking for

18 a rule, including a rule relating to procurement, the

19 agency shall transmit to the Chief Counsel for Advo20 cacy of the Small Business Administration—

21 ‘‘(A) a copy of the proposed rule; and

22 ‘‘(B)(i) a copy of the initial regulatory

23 flexibility analysis for the rule if required under

24 section 603; or
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1 ‘‘(ii) a determination by the agency that an

2 initial regulatory flexibility analysis is not re3 quired for the proposed rule under section 603

4 and an explanation for the determination.

5 ‘‘(2) STATEMENT OF OPPOSITION.—On or be6 fore the 15th day following receipt of a proposed

7 rule and initial regulatory flexibility analysis from an

8 agency under paragraph (1), the Chief Counsel for

9 Advocacy may transmit to the agency a written

10 statement of opposition of the proposed rule.

11 ‘‘(3) RESPONSE.—If the Chief Counsel for Ad12 vocacy transmits to an agency a statement of opposi13 tion to a proposed rule in accordance with para14 graph (2), the agency shall publish the statement,

15 together with the response of the agency to the

16 statement, in the Federal Register at the time of

17 publication of general notice of proposed rulemaking

18 for the rule.’’.

19 (b) CONFORMING AMENDMENT.—Section 603(a) of

20 title 5, United States Code, is amended by inserting ‘‘in

21 accordance with section 612(d)’’ before the period at the

22 end of the last sentence.
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1 SEC. 8. REVIEW OF DEVIATIONS FROM PROCUREMENT NO2 TICE REQUIREMENT.

3 (a) REVIEW REQUIREMENT.—Section 18 of the Of4 fice of Federal Procurement Policy Act (41 U.S.C. 416)

5 is amended by adding at the end the following new sub6 section:

7 ‘‘(e)(1) In the case of any procurement for which a

8 notice is not required under subsection (a)(1) by reason

9 of subsection (c), the head of the executive agency intend10 ing to conduct the procurement shall, before issuing the

11 solicitation for the procurement, submit to the Adminis12 trator of Federal Procurement Policy the justification for

13 not furnishing the notice. The Administrator of Federal

14 Procurement Policy shall, before the issuance of the solici15 tation for the procurement, review the justification to en16 sure that it is appropriate and reasonable.

17 ‘‘(2) At least once every 5 years, the Administrator

18 of Federal Procurement Policy shall review the justifica19 tions submitted under paragraph (1). In conducting the

20 review, the Administrator shall concentrate on those jus21 tifications that have been submitted by the same executive

22 agency, for the same type of procurements, in each of the

23 5 years covered by the review, to ensure that such jus24 tifications continue to be appropriate and reasonable.’’.

25 (b) EFFECTIVE DATE.—Subsection (e) of section 18

26 of the Office of Federal Procurement Policy Act shall
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1 apply with respect to solicitations for procurements issued

2 after the 30-day period beginning on the date of the enact3 ment of this Act.

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