IB
Union Calendar No. 303
103D CONGRESS
2D SESSION
H. R. 2238
[Report No. 103–545, Parts I and II]
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
JUNE 13, 1994
Reported from the Committee on Government Operations with an amendment
[Strike out all after the enacting clause and insert the part printed in boldface roman]
JUNE 17, 1994
Additional sponsors: Mr. CLINGER, Mr. KLECZKA, and Mrs. MALONEY
JUNE 17, 1994
Reported from the Committee on Armed Services with amendments, commit-
ted to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 24, 1993]
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 Ac-
quisition 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 Pro-
curement Policy Act (41 U.S.C. 414) is amend-
ed by redesignating paragraphs (2), (3), and
(4) in order as paragraphs (3), (4), and (5), re-
spectively, 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 bid-
ders and offerors are enabled and en-
couraged to offer to supply commer-
cial items in response to agency so-
licitations;
‘‘(B) reducing impediments to the
acquisition of commercial items in
agency procurement policies, prac-
tices, and procedures not required by
law; and
‘‘(C) requiring training of appro-
priate personnel in the acquisition of
commercial items;’’.
SEC. 112. ACQUISITION OF COMMERCIAL ITEMS.
Section 28 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 424) is amend-
ed 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 cir-
cumstances, to determine whether the needs
of the agency can be met by the acquisition
of commercial items.
‘‘(b) ADVOCATE FOR ACQUISITION OF COM-
MERCIAL ITEMS.—
‘‘(1) ESTABLISHMENT.—There is estab-
lished in the Office of Federal Procure-
ment 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 exec-
utive agencies with the preference re-
quired under section 16(2) for the ac-
quisition of commercial items;
‘‘(B) make recommendations and
proposals to the Administrator re-
garding 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 acqui-
sition of commercial items.’’.
SEC. 113. REGULATIONS AND SIMPLIFIED FORM CON-
TRACTS.
(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 Regula-
tion 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 Regu-
lation under subsection (a) shall include issu-
ance of one or more simplified uniform con-
tracts 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 re-
quired to implement provisions of law ap-
plicable to such an acquisition;
(ii) those contract clauses that are es-
sential for the protection of the Federal
Government’s interest in such an acquisi-
tion; and
(iii) those contract clauses that are
determined to be consistent with stand-
ard commercial practice and appropriate
for inclusion in such contracts.
(B) In addition to the clauses described
under subparagraph (A), contracts for the ac-
quisition of commercial items may include
such clauses as are essential for the protec-
tion of the Federal Government’s interest in—
(i) a particular contract, as deter-
mined in writing by the contracting offi-
cer for such contract; or
(ii) a class of contracts, as determined
by the agency head, in consultation with
the Administrator for Federal Procure-
ment Policy.
(C) Contracts for the acquisition of com-
mercial items may not include any clause
other than those clauses authorized under
subparagraph (A) or (B).
(2)(A) Except as provided in subpara-
graph (B), a prime contractor under a Federal
agency contract for the acquisition of com-
mercial items may only be required to include
in subcontracts under such contract—
(i) those contract clauses that are re-
quired to implement provisions of law ap-
plicable to such subcontracts; and
(ii) those contract clauses that are es-
sential for the protection of the Federal
Government’s 
interest 
in 
such 
sub-
contracts.
(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 in-
clude in a subcontract under such contract
such clauses as are essential for the protec-
tion of the Federal Government’s interest in—
(i) a particular subcontract, as deter-
mined in writing by the contracting offi-
cer for such contract; or
(ii) a class of subcontracts, as deter-
mined by the agency head, in consulta-
tion 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 ac-
quisition any clause other than those clauses
authorized under subparagraph (A) or (B).
(3) Notwithstanding paragraphs (1) and
(2) of this subsection, the Department of De-
fense may use uniform contract clauses devel-
oped 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; P.L. 101–189) until September 30,
1995.
(c) WARRANTIES.—The Federal Acquisition
Regulation shall require that, to the maxi-
mum extent practicable, Federal agencies
take advantage of warranties offered by com-
mercial contractors and use such warranties
for the repair and replacement of commercial
items.
(d) MARKET ACCEPTANCE.—The Federal Ac-
quisition 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 de-
scription, specifications, or other criteria
prescribed by the public notice and solic-
itation.
(e) PAST PERFORMANCE.—The Federal Ac-
quisition Regulation shall provide guidance
to Federal agencies on the use of past per-
formance 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 PRIC-
ING DATA.—When cost or pricing data need not
be required to be submitted pursuant to para-
graph (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 reason-
ableness of the price of the contract or sub-
contract. 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
REGULA-
TIONS.—Not later than 180 days after the date
of enactment of this Act, the Federal Acquisi-
tion Regulation issued under section 25(c) of
the Office of Federal Procurement Policy Act
(41 U.S.C. 421(c)) shall be revised to imple-
ment 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-reimburse-
ment research and development contracts,
the revised regulations promulgated under
subsection (b) shall provide that cost or pric-
ing data may not be requested from a contrac-
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 in-
tended to impair or restrict authorities or re-
sponsibilities under—
(1) section 111 of the Federal Prop-
erty and Administrative Services Act of
1949 (40 U.S.C. 759), commonly referred
to as the ‘‘Brooks Automatic Data Proc-
essing 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 FED-
ERAL PROPERTY AND ADMIN-
ISTRATIVE 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 fol-
lowing:
‘‘(g) AWARD OF MULTIPLE CONTRACTS.—In
procuring any supply or service using com-
petitive 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 maintain-
ing a continuous source for the supply or
service.’’.
SEC. 202. SOLICITATION EVALUATION AND AWARD.
(a) SOLICITATION REQUIREMENTS.—Section
303A of the Federal Property and Administra-
tive 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 fac-
tors’’; and
(B) by striking ‘‘(including price)’’
and inserting ‘‘(including cost or
price, cost- or price-related factors,
and noncost- or nonprice-related fac-
tors)’’;
(2) in subsection (b)(1)(B) by inserting
‘‘and subfactors’’ after ‘‘factors’’;
(3) in subsection (b)(2)(B) by amend-
ing 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 propos-
als are intended to be evaluated, and
award 
made, 
without 
discussions
with the offerors (other than discus-
sions conducted for the purpose of
minor clarification), unless discus-
sions are determined to be necessary;
and’’; and
(4) by adding at the end the following
new subsection:
‘‘(c) ESTABLISHING
IMPORTANCE
OF
FAC-
TORS.—(1) In prescribing the evaluation fac-
tors to be included in each solicitation for
competitive proposals, the head of an agen-
cy—
‘‘(A) shall clearly establish the rel-
ative importance assigned to the evalua-
tion factors and subfactors, including the
quality of the product or services to be
provided (including technical capability,
management capability, and prior experi-
ence of the offeror);
‘‘(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 im-
portance 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 re-
quirements 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 amend-
ed—
(1) in subsection (a) by inserting ‘‘and
award a contract’’ after ‘‘competitive pro-
posals’’;
(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 con-
ducted for the purpose of minor clarifica-
tion), if the solicitation included a state-
ment that proposals are intended to be
evaluated, and award made, without dis-
cussions, unless discussions are deter-
mined to be necessary.’’; and
(4) in subsection (d) by striking para-
graphs (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
(B) by adding at the end the fol-
lowing 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 
sub-
contracts (without regard to the date
on which the associated prime con-
tract was awarded), entered into
after the date on which the Federal
Acquisition 
Regulation 
is 
promul-
gated 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 Acqui-
sition 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 dol-
lar thresholds set forth in the revision to
the Federal Acquisition Regulation is-
sued pursuant to section 204. Any such
modification shall be made without re-
quiring consideration.
(b) REGULATIONS
FOR BELOW-THRESHOLD
PROCUREMENTS.—
(1) TYPE OF PROCUREMENTS.—The Ad-
ministrator of General Services, in con-
sultation with the Administrator for Fed-
eral Procurement Policy, shall prescribe
regulations identifying the type of pro-
curements 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 Ad-
ministrator of General Services, in con-
sultation with the Administrator for Fed-
eral Procurement Policy, shall prescribe
regulations concerning the types of infor-
mation that offerors may be required to
submit for a contracting officer to con-
sider 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 sub-
mitted under section 304(d) of such Act
because the price of the procurement to
the United States is not expected to ex-
ceed $500,000. Such information, at a
minimum, shall include appropriate in-
formation on the prices at which such
offeror has previously sold the same or
similar products.
(3) DEADLINE.—The regulations re-
quired under this subsection shall be pre-
scribed no later than 6 months after the
date of the enactment of this Act.
(c) REPEAL
OF COMMERCIAL PRICING RE-
QUIREMENTS.—
(1) REPEAL.—Section 303E of the Fed-
eral Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253e) is re-
pealed.
(2) CLERICAL
AMENDMENT.—The first
section of the Federal Property and Ad-
ministrative Services Act of 1949 is
amended in the table of contents by strik-
ing the item relating to section 303E.
(d) REVIEW OF AMENDMENTS.—
(1) IN
GENERAL.—After the amend-
ments made by subsections (a) and (c)
have been in effect for 1 year, the Comp-
troller 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 Gen-
eral of the Department of Defense pursu-
ant to section 803(b) of the National De-
fense Authorization Act for Fiscal Year
1991 (Public Law 101–510).
(2) FACTORS CONSIDERED.—The review
conducted under paragraph (1) shall ad-
dress 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 num-
ber of contractors 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 budg-
et for fiscal year 1996 to the Congress
pursuant to section 1105 of title 31, Unit-
ed States Code, the Comptroller General
shall submit to the Congress a report on
the review conducted under paragraph
(1). The report shall include the com-
ments of the Administrator for Federal
Procurement Policy and the Adminis-
trator 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 Regula-
tion 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 amend-
ments made by sections 201, 202, 203(a) and
(c), and 301.
(b) EFFECTIVE
DATE.—Unless otherwise
specifically provided in this title, the amend-
ments made by this title and section 301 shall
be effective 180 days after the date of the en-
actment of this Act.
(c) STANDARDS
AND
REQUIREMENTS
FOR
COST AND PRICE AS EVALUATION FACTORS.—
(1) IN GENERAL.—The Federal Acquisi-
tion 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 prac-
ticable consistent with the needs of the
Federal Government in conducting pro-
curements—
(A) cost or price is an evaluation
factor of sufficient weight to affect
each source selection decision; 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 im-
portance 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 re-
quirements 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 PRIC-
ING DATA.—When cost or pricing data need not
be required to be submitted pursuant to sub-
section (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 reason-
ableness of the price of the contract or sub-
contract. 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 FED-
ERAL 
PROPERTY 
AND 
ADMINISTRATIVE
SERVICES ACT OF 1949.
(a) AUTOMATIC DATA PROCESSING EQUIP-
MENT 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 SERV-
ICES
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 sub-
paragraph (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 re-
quire that party to pay to any other party the
amount of any reasonable costs, including at-
torney’s fees, incurred by the other party in
seeking compliance with such order or deci-
sion.’’.
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 equip-
ment 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 re-
view and conduct periodic audits of in-
formation received under this subsection;
‘‘(B) shall use such information as ap-
propriate 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 information that a Federal agency has
failed to comply with the terms of any delega-
tion of authority to lease or purchase auto-
matic data processing equipment or has failed
to comply with any applicable law or regula-
tion, take appropriate corrective action.
‘‘(5) Data collected pursuant to this sec-
tion shall be drawn from existing Federal
agency information resources, and no new or
additional information reporting require-
ments may be imposed on offerors or contrac-
tors 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 IMPROVE-
MENTS.
(a) 
GAO 
RECOMMENDATIONS
ON
PRO-
TESTS.—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 re-
sponsible 
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 sub-
section 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 ‘‘rec-
ommend that the Federal agency con-
ducting the procurement pay to an ap-
propriate interested party’’;
(3) by amending subsection (c)(2) to
read as follows:
‘‘(2) If the Comptroller General rec-
ommends under paragraph (1) that a Federal
agency pay an amount of costs to an inter-
ested 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 ac-
count out of available funds or by obtain-
ing additional appropriations for that
purpose, or
‘‘(B) report to the Comptroller Gen-
eral 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 re-
port promptly to the Committee on Govern-
ment Operations and the Committee on Ap-
propriations of the House of Representatives
and to the Committee on Governmental Af-
fairs and the Committee on Appropriations of
the Senate in any case in which a Federal
agency 
fails 
to 
implement 
fully 
a 
rec-
ommendation of the Comptroller General
under subsection (b) or (c). The report shall
include—
‘‘(A) a comprehensive review of the
pertinent procurement, including the cir-
cumstances 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 procure-
ment process, the Congress should con-
sider—
‘‘(i) private relief legislation;
‘‘(ii) legislative rescission or can-
cellation 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 en-
actment of this Act, shall, if not paid or other-
wise satisfied by the Federal agency con-
cerned before the date of the enactment of
this Act, be paid promptly from the appro-
priation made by section 1304 of title 31, Unit-
ed 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.
(d) RESTRICTION ON ACCESS TO CERTAIN IN-
FORMATION.—Section 3553(f) of title 31, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(2) by adding at the end the follow-
ing:
‘‘(2)(A) The Comptroller General may
issue protective orders which establish terms,
conditions, and restrictions for the provision
of any document to a person under paragraph
(1), that prohibit or restrict the disclosure by
the person of information described in sub-
paragraph (C) that is contained in such a doc-
ument.
‘‘(B) The penalties specified under section
27(i) of the Office of Federal Procurement Pol-
icy Act shall apply to the disclosure of infor-
mation described in subparagraph (C) in vio-
lation of a term, condition, or restriction in a
protective order under this paragraph by a
person that is subject to the protective order.
‘‘(C) Information referred to in subpara-
graphs (A) and (B) is procurement sensitive
information, trade secrets, or other propri-
etary or confidential research, development,
or commercial information.
‘‘(D) A protective order under this para-
graph shall not be considered to authorize the
withholding of any document or information
from the Congress or an executive agency.’’.