I
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 Representa-
tives 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 Pol-
icy Act (41 U.S.C. 414) is amended by redesignating para-
graphs (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 speci-
fications in solicitation for bids and proposals in
terms such that bidders and offerors are en-
abled and encouraged to offer to supply com-
mercial items in response to agency solicita-
tions;
‘‘(B) reducing impediments to the acquisi-
tion of commercial items in agency procurement
policies, practices, and procedures not required
by law; and
‘‘(C) requiring training of appropriate per-
sonnel in the acquisition of commercial items;’’.
SEC. 112. ACQUISITION OF COMMERCIAL ITEMS.
Section 28 of the Office of Federal Procurement Pol-
icy 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 execu-
tive 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 posi-
tion 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 sec-
tion 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 imple-
ment that preference; and
(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 sub-
paragraph (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 writ-
ing 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 au-
thorized 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 sub-
contracts; 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 sub-
paragraph (A), a contractor under a Federal agency con-
tract for the acquisition of commercial items may be re-
quired to include in a subcontract under such contract
such clauses as are essential for the protection of the Fed-
eral 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 Adminis-
trator for Federal Procurement Policy.
(C) A Federal agency may not require a contractor
for the acquisition of commercial items to include in a sub-
contract 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 Regula-
tion 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 appro-
priate 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 require-
ments; 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 re-
quired to be submitted pursuant to paragraph (5),
such data shall not be required to be submitted un-
less 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 docu-
ment 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 sec-
tion 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 promul-
gated under subsection (b) shall provide that cost or pric-
ing data may not be requested from a contractor when
it is likely that circumstances will exist in which an excep-
tion to the requirement to provide such data is authorized
by section 304(d)(5) of the Federal Property and Adminis-
trative 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 reason-
ableness 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 competi-
tion 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 cata-
log or market prices of commercial items sold in substan-
tial quantities to the general public), the regulations shall
preclude the consideration of sales to the government, in-
cluding 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 commer-
cial 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 para-
graph:
‘‘(12) the term ‘commercial items’ means items
regularly used in the course of normal business oper-
ations 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 commer-
cial marketplace, but will be available in time to
satisfy the delivery requirements under a Gov-
ernment solicitation; or
‘‘(D) are items that, but for minor modi-
fications made to meet Government require-
ments, 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 re-
strict 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 Auto-
matic Data Processing Act’’;
(2) title IX of the Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C. 541 et
seq.), commonly referred to as the ‘‘Brooks Archi-
tect-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 FED-
ERAL PROPERTY AND ADMIN-
ISTRATIVE SERVICES ACT OF
1949
SEC. 201. AWARD OF MULTIPLE CONTRACTS.
Section 303B of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 253b) is amended
by adding at the end the following:
‘‘(g) AWARD OF MULTIPLE CONTRACTS.—In procur-
ing 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 pur-
pose 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 in-
serting ‘‘(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 sub-
section:
‘‘(c) ESTABLISHING IMPORTANCE OF FACTORS.—(1)
In prescribing the evaluation factors to be included in each
solicitation for competitive proposals, the head of an agen-
cy—
‘‘(A) shall clearly establish the relative impor-
tance assigned to the evaluation factors and
subfactors, including the quality of the product or
services to be provided (including technical capabil-
ity, management capability, and prior experience of
the offeror); and
‘‘(B) shall include cost or price to the Govern-
ment as an evaluation factor that must be consid-
ered 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 solic-
itation, 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 writ-
ten 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 evalu-
ated, 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 para-
graph (2).
(c) APPLICATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
shall apply to—
(A) solicitations for sealed bids or competi-
tive proposals issued after the end of the 180-
day period beginning on the date of the enact-
ment 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 sec-
tion to solicitations issued before the end of the pe-
riod 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 be-
ginning 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 (with-
out regard to the date on which the associated
prime contract was awarded), entered into after
the date on which the Federal Acquisition Reg-
ulation is promulgated pursuant to section 204;
and
(B) changes or modifications to prime con-
tracts 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 con-
tract 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 PRO-
CUREMENTS.—
(1) TYPE OF PROCUREMENTS.—The Adminis-
trator of General Services, in consultation with the
Administrator for Federal Procurement Policy, shall
prescribe regulations identifying the type of procure-
ments 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 Adminis-
trator of General Services, in consultation with the
Administrator for Federal Procurement Policy, shall
prescribe regulations concerning the types of infor-
mation that offerors may be required to submit for
a contracting officer to consider in determining
whether the price of a procurement to the Govern-
ment 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 REQUIRE-
MENTS.—
(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 pos-
sible, with the review conducted by the Inspector
General of the Department of Defense pursuant to
section 803(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–
510).
(2) FACTORS
CONSIDERED.—The review con-
ducted under paragraph (1) shall address whether
the amendments made by subsections (a) and (c)
have improved the acquisition process in terms of re-
duced paperwork, financial or other savings to the
Government, an increase in the number of contrac-
tors participating in the contracting process, and the
adequacy of information available to contracting offi-
cers 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 Gen-
eral shall submit to the Congress a report on the re-
view 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 REGULA-
TION; 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 Fed-
eral 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.—Stand-
ards and requirements established under paragraph
(1) shall be adequate to ensure that, to the maxi-
mum extent practicable consistent with the needs of
the Federal Government in conducting procure-
ments—
(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 RELAT-
ING 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 pro-
posals, the head of an agency—
‘‘(i) shall clearly establish the relative im-
portance 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 ex-
perience of the offeror);
‘‘(ii) shall include cost or price to the Gov-
ernment 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 impor-
tance 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 solici-
tation’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 docu-
ment in writing the reasons for such requirement.’’.
TITLE IV—BROOKS ACT
AMENDMENTS
SEC. 401. SHORT TITLES OF CERTAIN PROVISIONS OF FED-
ERAL 
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 sub-
section:
‘‘(i) This section may be cited as the ‘Brooks Auto-
matic Data Processing Act’.’’.
(b) ARCHITECTURAL AND ENGINEERING SERVICES
PROVISIONS.—Title IX of the Federal Property and Ad-
ministrative 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-En-
gineers Act’.’’.
SEC. 402. DISMISSAL; AWARD OF COSTS.
Section 111(f)(4) of the Federal Property and Ad-
ministrative 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 Administra-
tive Services Act of 1949 (40 U.S.C. 759), as amended
by this Act, is further amended by inserting after sub-
section (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 reg-
ulation—
‘‘(A) the procuring agency,
‘‘(B) the contractor,
‘‘(C) the automatic data processing equipment
and services procured,
‘‘(D) the manufacturer of the equipment pro-
cured,
‘‘(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 com-
piled 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 Adminis-
trator in accordance with this subsection.
‘‘(4) The Administrator shall, upon receipt of infor-
mation that a Federal agency has failed to comply with
the terms of any delegation of authority to lease or pur-
chase automatic data processing equipment or has failed
to comply with any applicable law or regulation, take ap-
propriate corrective action.
‘‘(5) Data collected pursuant to this section shall be
drawn from existing Federal agency information re-
sources, 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 enact-
ment of this title.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. PROCUREMENT PROTEST SYSTEM IMPROVE-
MENTS.
(a) GAO RECOMMENDATIONS ON PROTESTS.—Sec-
tion 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 rec-
ommendations, 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 con-
ducting the procurement pay to an appropriate in-
terested 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 reim-
burse that appropriation account out of avail-
able funds or by obtaining additional appropria-
tions 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 para-
graph (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 fol-
lows:
‘‘(e)(1) The Comptroller General shall report prompt-
ly to the Committee on Government Operations and the
Committee on Appropriations of the House of Representa-
tives 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 sub-
section (b) or (c). The report shall include—
‘‘(A) a comprehensive review of the pertinent
procurement, including the circumstances of the fail-
ure of the Federal agency to implement a rec-
ommendation 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 sum-
mary 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 enact-
ment 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 PROCURE-
MENT 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 Acqui-
sition 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, includ-
ing identification of any weaknesses and strengths of
the proposal, results of any past performance analy-
ses, 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 de-
briefed 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 com-
parisons with other offerors’ proposals and shall not dis-
close 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 break-
downs, profit, indirect cost rates, and similar infor-
mation.
‘‘(c) NOTIFICATION OF DISCLOSURE.—Each solicita-
tion 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 Regu-
latory Council shall issue a final revision of the Federal
Acquisition Regulation implementing section 29 of the Of-
fice of Federal Procurement Policy Act, as added by sub-
section (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 THRESH-
OLD; 
IMPLEMENTATION 
OF 
ELECTRONIC
DATA INTERCHANGE SYSTEMS FOR PRO-
CUREMENT 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 elec-
tronic data interchange system for procurement
information that is approved and certified by
the Administrator under section 30(f);’’.
(2) INTERIM
RULE.—Notwithstanding para-
graph (1), during the 5-year period beginning on the
issuance of final form of revisions to the Federal Ac-
quisition Regulation under subsection (b), buying ac-
tivities 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 ef-
fective date of the revisions to the Federal Acquisi-
tion Regulation under subsection (b).
(b) IMPROVED NOTICE OF SMALL PURCHASE CON-
TRACTING
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 appro-
priate for each buying activity (or class of buying ac-
tivities), 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 com-
petitive quotations shall not apply to any pur-
chases with a price exceeding $2,500.
(c) PERFORMANCE TEST AND REPORT.—
(1) PERFORMANCE
TEST.—The Comptroller
General of the United States shall monitor and col-
lect 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 par-
ticipation of small business concerns (including small
business concerns owned and controlled by socially
and economically disadvantaged individuals) in pro-
curement awards of less than $100,000 and the ben-
efits 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 Govern-
ment, and any increase in the number of contractors
participating in the contracting process.
(3) PERIOD.—Data shall be collected for pur-
poses of paragraph (1) during the period beginning
with the first full fiscal year quarter after the effec-
tive date of the amendment made by subsection (a)
and ending September 30, 1995.
(4) REPORT.—By March 1, 1996, the Comp-
troller General of the United States shall report to
the Committee on Government Operations of the
House of Representatives, the Committee on Govern-
mental 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 para-
graph (10) and inserting after paragraph (7) the
following:
‘‘(8) developing policies, in consultation with
the Administrator of the Small Business Administra-
tion, that ensure that small businesses and small
businesses owned and controlled by socially and eco-
nomically disadvantaged persons are provided with
the maximum practicable opportunities to partici-
pate in procurements that are conducted below the
small purchase threshold; and
‘‘(9) developing policies that will promote
achievement of goals for participation by small busi-
nesses and small businesses owned and controlled by
socially and economically disadvantaged individ-
uals.’’.
(e) IMPLEMENTATION OF ELECTRONIC DATA INTER-
CHANGE 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 estab-
lish a program for, and provide overall direction of policy
and leadership in, the development, coordination, installa-
tion, and completion of implementation by executive agen-
cies, 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 Insti-
tute of Standards and Technology in the develop-
ment 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 delega-
tions 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 facili-
tate 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 ex-
ecutive agency shall designate a program man-
ager to establish a system for the agency and
otherwise implement this section.
‘‘(B) FUNCTIONS.—A program manager
designated under this paragraph for an execu-
tive agency shall—
‘‘(i) report directly to the senior pro-
curement 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 pro-
curement 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 Ad-
ministrator under this section and program
directives issued by the Administrator of
General Services under section 111 of the
Federal Property and Administrative Serv-
ices Act of 1949.
‘‘(d) FUNCTIONS
OF
NATIONAL
INSTITUTE
OF
STANDARDS AND TECHNOLOGY.—The Director of the Na-
tional 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 Ad-
ministrator under this section.
‘‘(e) FUNCTIONS OF SMALL BUSINESS ADMINISTRA-
TION.—The Administrator of the Small Business Adminis-
tration 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 es-
tablish 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 CER-
TIFICATION.—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 so-
licitations and orders;
‘‘(ii) respond to solicitations and no-
tices 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 elec-
tronic 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 ‘‘Ad-
ministrator’’) may conduct a program of tests of alter-
native and innovative procurement procedures. To the ex-
tent consistent with this section, such program shall be
conducted consistent with section 15 of the Office of Fed-
eral 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 con-
ducted 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 des-
ignated 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 sec-
tion 16(e) of the Office of Federal Procurement Pol-
icy 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 esti-
mated life-cycle cost to the Government greater than
$100,000,000;
(5) shall include—
(A) a test of simplified procurement proce-
dures for acquisitions with an estimated annual
total obligation of funds of $500,000 or less by
the National Aeronautics and Space Adminis-
tration;
(B) a test of streamlined procedures for
competition among interested sources partici-
pating 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, identify-
ing 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 en-
sure 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 pro-
gram 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 draft-
ing 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 re-
quired from vendors, abbreviated periods for submis-
sion 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 require-
ments.
(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 syn-
opsizing the needs of the executive agency con-
ducting 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 specifica-
tions and evaluation criteria) after reviewing
the submittals made by interested sources and,
if the officials determine necessary, after con-
sultation with those sources; and
(D) the contract is awarded after a
streamlined competition limited to all sources
that timely provided product information in re-
sponse to the notice or, if appropriate, to those
sources determined most capable based on those
qualification-based factors included in an invita-
tion to submit information pursuant to sub-
paragraph (B).
(f) TEST PLAN.—Not later than 60 days before im-
plementing 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 appro-
priate authorizing committees of the House of Rep-
resentatives 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 con-
ducted under subsection (a), the Administrator may
waive—
(A) any provision of the Federal Acquisi-
tion Regulation that is not required by statute;
and
(B) any provision of the Federal Acquisi-
tion 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 pro-
visions 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 Comptrol-
ler 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. Con-
tracts 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-ENGI-
NEERS ACT.
Section 904 of the Federal Property and Administra-
tive 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, sub-
contract, 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 REQUIRE-
MENTS.—The Administrator of General Services shall en-
sure that the requirements of the Buy American Act apply
to all procurements, consistent with international obliga-
tions, made with funds provided pursuant to the author-
ization 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 procure-
ments from foreign entities made in fiscal years 1994,
1995, and 1996 with funds provided pursuant to the au-
thorization 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 Agree-
ment 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 Ad-
ministration. 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 appropria-
tions 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, pursu-
ant to established administrative procedures, from
Government contracting and subcontracting for a
specified period of time commensurate with the seri-
ousness of the failure or offense or the inadequacy
of performance.
TITLE VI—PROVISIONS RELAT-
ING TO GENERAL SERVICES
ADMINISTRATION
SEC. 601. AUTHORIZATION OF FUNCTIONS AND ACTIVITIES
UNDER THE FEDERAL PROPERTY AND AD-
MINISTRATIVE SERVICES ACT OF 1949.
Section 603(a) of the Federal Property and Adminis-
trative 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 mem-
berships 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 appropria-
tions set forth elsewhere in this Act.’’.
SEC. 602. REQUIREMENTS FOR APPOINTMENTS TO SENIOR
POSITIONS IN GENERAL SERVICES ADMINIS-
TRATION.
(a) IN GENERAL.—Section 101 of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C.
751) is amended by redesignating subsection (f) as sub-
section (g) and by inserting after subsection (e) the follow-
ing new subsection:
‘‘(f) A person appointed as the Deputy Administrator
of General Services or as the head of a principal organiza-
tional unit of the General Services Administration shall,
in addition to any other minimum qualifications, have sig-
nificant 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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