ENROLLED BILL REQUEST

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R001602890002-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 20, 2016
• Document Release Date: December 17, 2007
• Sequence Number: 2
• Publication Date: November 21, 1983
• Content Type: REGULATION

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cl
H. R. 2293
Bintt-tihth Congress of the United
AT THE FIRST SESSION
tats of ameri
Begun and held at the City of Washington on Monday, the third day of January,
one thousand nine hundred and eighty-three
,an Zct
To revise the authority and responsibility of the Office of Federal Procurement
Policy, to authorize appropriations for the Office of Federal Procurement Policy for
an additional four fiscal years, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Office of Federal Procurement Policy Act Amend-
ments of 1983".
SEC. 2. Except as otherwise specifically provided, whenever in this
Act a reference is expressed in terms of a section or other provision,
the reference shall be considered to be made to a section or other
provision, respectively, of the Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.).
DECLARATION OF POLICY
SEC. 3. Section 2 (41 U.S.C. 401) is amended to read as follows:
"DECLARATION OF POLICY
"SEC. 2. It is the policy of the Congress to promote economy,
efficiency and effectiveness in the procurement of property and
services by the executive branch of the Federal Government by-
"(1) promoting full and open competition;
"(2) establishing policies, procedures, and practices which will
provide the Government with property and services of the
requisite quality, within the time needed, at the lowest reason-
able cost;
"(3) promoting the development of simplified uniform pro-
curement processes;
"(4) promoting the participation of small business concerns;
"(5) supporting the continuing development of a competent,
professional work force;
"(6) eliminating fraud and waste in the procurement process;
"(7) eliminating redundant administrative requirements.
placed on contractor and Federal procurement officials;
"(8) promoting fair dealings and equitable relationships with
the private sector;
"(9) ensuring that payment is made in a timely manner and
only for value received;
"(10) requiring, to the extent practicable, the use of commer-
cial products to meet the Government's needs;
"(11) requiring that personal services are obtained in accord-
ance with applicable personnel procedures and not by contract;
"(12) ensuring the development of procurement policies that
will. accommodate emergencies and wartime as well as peace-
time requirements; and
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"(13) promoting, whenever feasible, the use of specifications
which describe needs in terms of functions to be performed or
the performance required.".
DEFINITIONS
SEC. 4. Section 4 (41 U.S.C. 403) is amended to- read as follows:
"DEFINITIONS
"SEC. 3. As used in this Act-
"(1) the term 'executive agency' means-
"(A) an executive department specified in section 101 of
title 5, United States Code;
"(B) a military department specified in section 102 of
such title;
"(C) an independent establishment as defined in' section
104(1) of such title; and
"(D) a.wholly owned Government corporation fully sub-
ject to the provisions of chapter 91 of title 31, United States
Code;
"(2) the term 'procurement' includes all stages of the process
of acquiring property or services, beginning with the process for
determining a need for property or services and ending with
contract completion and closeout;
"(3) the term `procurement system' means the integration of
the procurement process, the professional development of pro-
curement personnel, and the management structure for carry-
ing out the procurement function;
"(4) the term 'single system of Government-wide procurement
regulations' means (A) a single Government-wide procurement
regulation issued and maintained jointly by the General Serv-
ices Adminitration, the Department of Defense, and the Na-
tional Aeronautics and Space Administration, pursuant to their
respective authorities, title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.),
chapter 137 of title 10, United States Code, and the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), and
(B) agency acquisition regulations implementing and supple-
menting the Government-wide procurement regulation issued
as provided in clause (A), which shall be limited to (i) regula-
tions essential to implement Government-wide policies and pro-
cedures within the agency and (ii) additional policies and proce-
dures required to satisfy the specific and unique needs of the
agency; and
"(5) the term 'standards' means the criteria for determining
the effectiveness of the procurement system by measuring the
performance of the various elements of such system.".
AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
SEC. 5. Section 6 (41 U.S.C. 405) is amended to read as follows:
"AITrHORITY AND FUNCTIONS OF THE ADMINISTRATOR
"SEC. 6. (a) The Administrator shall provide overall direction of
.3 -1 ocure..
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ment systems of the executive agencies. To the extent that the
Administrator considers appropriate, in carrying out the policies
and functions set forth in this Act, and with due regard for appli-
cable laws and the program activities of the -executive agencies, the
Administrator may prescribe Government-wide procurement poli-
cies which shall be implemented in the single system of Govern-
ment-wide procurement regulations and shall be followed by execu-
tive agencies in the procurement of-
"M property other than real property in being;
"(2) services, including research and development; and
"(3) construction, alteration, repair, or maintenance or real
property.
"(b) In any instance in which the Administrator determines that
the Department of Defense, the National Aeronautics and Space
Administration, and the General Services Administration are
unable to agree on or fail to issue Government-wide regulations,
procedures and forms in a timely manner, the Administrator may,
with due regard for applicable laws and the program activities of the
executive agencies and consistent with the policies and functions set
forth in this Act, prescribe Government-wide regulations, proce-
dures and forms which shall be followed by executive agencies in the
procurement of-
"(1) property other than real property in being;
"(2) services, including research and development; and
"(3) construction, alteration, repair, or maintenance of real
property.
"(c) The authority of the Administrator under this Act shall not
be construed to-
"(1) impair or interfere with the determination by executive
agencies of their need for, or their use of, specific property,
services, or construction, including particular specifications
therefor; or
"(2) interfere with the determination by executive agencies of
specific actions in the award or administration of procurement
contracts.
"(d) The functions of the Administrator shall include-
"(1) providing leadership and ensuring action by the executive
agencies in the establishment, development and maintenance of
the single system of simplified Government-wide procurement
regulations and resolving differences among the executive agen-
cies in the development of simplified Government-wide procure-
ment regulations, procedures and forms;
"(2) coordinating the development of Government-wide pro-.
curement system standards that shall be implemented by the
executive agencies in their procurement systems;
"(3) providing leadership and coordination in the formulation
of the executive branch position on legislation relating to pro-
curement;
"(4) providing for a computer-based Federal Procurement
Data System which shall be located in the General Services
Administration (acting as executive agent for the Administra-
tor) and shall collect, develop, and disseminate procurement
data;
"t5) providing for a Federal Acquisition Institute which shall
be located in the General Services Administration (acting as
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H. R. 2293-4
"(A) foster and promote Government-wide career man-
agement programs for a professional procurement work
force; and
"(B) promote and coordinate Government-wide research
and studies to improve the procurement process and the
laws, policies, methods, regulations, procedures, and forms
relating to procurement by the executive agencies;
"(6) establishing criteria and procedures to ensure the effec-
tive and timely solicitation of the viewpoints of interested par-
ties in the development of procurement policies, regulations,
procedures, and forms;
"(7) developing standard contract forms and contract lan-
guage in order to reduce the Government's cost of procuring
property and services and the private sector's cost of doing
business with the Government; and
"(8) completing action, as appropriate, on the recommenda- -
tions of the Commission on Government Procurement.
"(e) In carrying out the functions set forth in subsection (c), the
Administrator-
"(1) shall consult with the affected executive agencies, includ-
ing the Small Business Administration;
"(2) may, with the concurrence of the heads of affected execu-
tive agencies, designate an executive agency or executive agen-
cies to assist in the performance of such functions; and
"(3) may establish advisory committees or other interagency
groups to assist in providing for the establishment, develop-
ment, and maintenance of a single system of simplified
Government-wide procurement regulations and to assist in the
performance of any of the other functions which the Adminis-
trator considers appropriate.
"(f) The Director of the Office of Management and Budget may
deny the promulgation of or rescind any Government-wide regula-
tion or final rule or regulation of any executive agency relating to
procurement if the Administrator determines that such rule or
regulation is inconsistent with the policies set forth in section 2 or
any policies, regulations, or procedures issued pursuant to subsec-
tion (a).
"(g) Except as otherwise provided by law, no duties, functions, or
responsibilities, other than those expressly assigned by this Act,
shall be assigned, delegated, or transferred to the Administrator.
"(h) Nothing in this Act shall be construed to-
"(1) impair or affect the authorities or responsibilities con-
ferred by the Federal Property and Administrative Services Act
of 1949 with respect to the procurement of automatic data
processing and telecommunications equipment and services or
of real property; or
"(2) limit the current authorities and responsibilities of the
Director of the Office of Management and Budget.
"(iXl) With due regard to applicable laws and the program activi-
ties of the executive agencies administering Federal programs of
grants or assistance, the Administrator may prescribe Government-
wide policies, regulations, procedures, and forms which the Adminis-
trator considers appropriate and which shall be followed by such
executive agencies in providing for the procurement, to the extent
required under such programs, of property or services referred to in
clauses (1), (2), and (3) of subsection (a) by recipients of Federal
grants or assistance under such programs.
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"(2) Nothing in paragraph (1) shall be construed to-
"(A) permit the Administrator to authorize procurement or
supply support, either directly or indirectly, to recipients of
Federal grants or assistance; or
"(B) authorize any action by such recipients contrary to State
and local laws, in the case of programs to provide Federal
grants or assistance to States and political subdivisions.".
AUTHORIZATION OF APPROPRIATIONS
SEC. 6. Section 11 (41 U.S.C. 410) is amended to read as follows:
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 11. There are authorized to be appropriated to carry out the
provisions of this Act, and for no other purpose, $4,500,000 for the
fiscal year ending September 30, 1984, and for each of the three
succeeding fiscal years.".
EXPERIMENTAL PROGRAMS; ADDITIONAL PROCUREMENT
RESPONSIBILITIES OF EXECUTIVE AGENCIES
SEC. 7. The Office of Federal Procurement Policy Act is further
amended by adding at the end thereof the following new sections:
"TESTS OF INNOVATIVE PROCUREMENT METHODS AND PROCEDURES
"SEC. 15. (a) The Administrator may develop innovative procure-
ment methods and procedures to be tested by selected executive
agencies. The innovative procurement methods and procedures
tested under this subsection shall be consistent with the policies set
forth in section 2. In developing any program to test innovative
procurement methods and procedures under this subsection, the
Administrator shall consult with the heads of executive agencies
to-
"(1) ascertain the need for and specify the objectives of such
program;
"(2) develop the guidelines and procedures for carrying out
such program and the criteria to be used in measuring the
success of such program;
"(3) evaluate the potential costs and benefits which may be
derived from the innovative procurement methods and proce-
dures tested under such program;
"(4) select the appropriate executive agencies or components-
of executive agencies to carry out such program;
"(5) specify the categories and types of products or services to
be procured under such program; and
"(6) develop the methods to be used to analyze the results of
such program.
A program to test innovative procurement methods and procedures
may not be carried out unless approved by the heads of the execu-
tive agencies selected to carry out such program.
"(b) If the Administrator determines that it is necessary to waive
the application of any provision of law in order to carry out a
proposed program to test innovative procurement methods and
procedures under subsection (a), the Administrator shall transmit
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H. R. 2293-6
Operations of the House of Representatives and the Committee on
Governmental Affairs of the Senate and request that such commit-
tees take such action as may be necessary to provide that such
provision of law does not apply with respect to the proposed pro-
gram. The notification to Congress shall include a description of the
proposed program (including the scope and purpose of the proposed
program), the procedures to be followed in carrying:out the proposed
program, the provisions of law affected and any provision of law the
application of which must be waived in order to carry out the
proposed program, and the executive agencies involved in carrying
out the proposed program.
"EXECUTIVE AGENCY RESPONSIBILITIES
"SEC. 16. To further achieve effective, efficient, and economic
administration of the Federal procurement system, the head of each
executive agency shall, in accordance with applicable laws, Govern-
ment-wide policies and regulations, and good business practices-
"(1) increase the use of effective competition in procurement
by the executive agency;
"(2) establish clear lines of authority, accountability, and
responsibility for procurement decisionmaking within the ex-
ecutive agency, including placing the procurement function at a
sufficiently high level in the executive agency to provide-
"(A) direct access to the head of the major organizational
element of the executive agency served; and
"(B) comparative equality with organizational counter-
parts;
"(3) designate a senior procurement executive who shall be
responsible for management direction of the procurement
system of the executive agency, including implementation of the
unique procurement policies, regulations, and standards of the
executive agency; and
"(4) develop and maintain a procurement career management
program in the executive agency to assure an adequate profes-
sional work force.
"STUDIES AND REPORTS
"SEC. 17. (a) The Administrator shall conduct studies and issue a
report on the extent of competition in the award of subcontracts by
Federal prime contractors including an evaluation of the data avail-
able on subcontracts awarded in fiscal year 1982 with respect to (1)
the source selection method used in awarding such subcontracts, (2)
the type of subcontracts awarded, (3) the dollar value of such
subcontracts, (4) the size of the subcontractors which were awarded
the subcontract (by number of employees), and (5) the geographical
location of such subcontractors. The report shall also include recom-
mendations for improvements, if appropriate, in the extent of com-
petition in the awarding of subcontracts and in the collection of data
on such subcontract awards.
"(b) The report required under subsection (a) of this section shall
be completed by April 1, 1984, and shall be submitted to the
Committee on Governmental Affairs of the Senate and the Commit-
tee on Government Operations of the House of Representatives not
later than April 15, 1984.".
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SEC. 8. (a) Section 8,(41 U.S.C. 407) is amended-
(1) in subsection (a)-
(A) by striking out "(1)" at the beginning of paragraph (1);
and
(B) by striking out paragraphs (2), (3), and (4);
(2) in subsection (b)-
(A) by striking out the first sentence and inserting in lieu
thereof "At least 30 days prior to the effective date of any
policy or regulation prescribed under section 6(a), the Ad-
ministrator shall transmit to the Congress a report on the
proposed policy or regulation."; and
(B) by inserting "or regulation" after "policy" each place
it appears in clauses (1), (2), and (3) in the second sentence
of such subsection; and
(3) by striking out "any policy" in subsection (c) and inserting
in lieu thereof "any policy or regulation".
(b) Section 10 (41 U.S.C. 409) is amended to read as follows:
"SEC. 10. Procurement policies, regulations, procedures, or forms
in effect on the date of enactment of the Office of Federal Procure-
ment Policy Act Amendments of 1983 shall continue in effect, as
modified from time to time, until repealed, amended, or superseded
by policies, regulations, procedures, or forms promulgated by the
Administrator.".
(c) Subsection (a) of section 12 (41 U.S.C. 411) is amended to read
as follows:
"(a) The Administrator may delegate, and authorize successive
redelegations of, any authority, function, or power of the Adminis-
trator under this Act (other than the authority to provide overall
direction of Federal procurement policy and to prescribe policies and
regulations to carry out such policy), to any other executive agency
with the consent of the head of such executive agency or at the
direction of the President.".
(dXl) Sections 201(aXl), 201(c), and 206(aX4) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 481(aXl),
481(c), 487(aX4)) are each amended by inserting "and regulations"
after "subject to policy directives".
(2) Section 602(c) of such Act (40 U.S.C. 474) is amended by
inserting "except as otherwise provided by the Office of Federal
Procurement Policy Act, and" after "any law inconsistent here-
with,".
SEC. 9. (aX1) Section 302(cX3) of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 252(cX3)) is amended by
striking out "$10,000" and inserting in lieu thereof "$25,000".
(2) Section 201(aXl), 201(c), and 206(aX4) of such Act (40 U.S.C.
481(aXl), 481(c), 487(aX4)) are each amended by striking out "subject
to policy directives" and inserting in lieu thereof "subject to
regulations".
(3) Section 602(c) of such Act (40 U.S.C. 474) is amended by
inserting "except as otherwise provided by the Office of Federal
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(b) Clause (1) of the first sentence of section 3709 of the Revised
Statutes (41 U.S.C. 5) is amended by striking out "$10,000" and
inserting in lieu thereof "$25,000".
(c) The Act entitled "An Act making appropriations for the
Legislative Branch for the fiscal year ending June 30, 1966, and for
other purposes", approved July 27, 1965 (41 U.S.C. 6a-1), is amended
by striking out "$10,000" in the third full unnumbered paragraph
under the heading "Office of Architect of the Capitol" and inserting
in lieu thereof "$25,000".
(d) Clause (3) of the first sentence of section 9(b) of the Tennes-
see Valley Authority Act of 1933 (16 U.S.C. 831h(b)) is amended by
striking out "$10,000" and inserting in lieu thereof "$25,000".
STUDY OF WEAPON SYSTEMS SPARE PARTS PROCUREMENT BY THE
DEPARTMENT OF DEFENSE
SEC. 10. (a) Not later than June 1, 1984, the Office of Federal
Procurement Policy (hereinafter .in this section referred to as the
"Office") shall review the procurement practices, regulations, and
reform proposals and programs of the Department of Defense relat-
ing to the procurement of spare parts for weapon systems and shall
transmit to the Congress a report on the findings, conclusions, and
recommendations of the Office relating to such matters. The report
shall include (1) an evaluation of the adequacy of the reform propos-
als and programs to promote practices and the development of
directives which will achieve control of costs, economy, and effi-
ciency in the procurement of such spare parts and (2) such recom-
mendations for legislation with respect to the procurement of such
spare parts as the Office considers appropriate.
(b)(1) The Secretary of Defense shall furnish to the Office such
information on the practices, regulations, and reform proposals and
programs of the Department of Defense relating to the procurement
of spare parts for weapon systems as the Office considers necessary
to carry out subsection (a).
(2) The Inspector General of the Department of Defense shall
furnish to the Office such information on the practices of the
Department of Defense in procuring spare parts for weapons sys-
tems as the Inspector General acquires during his audits of such
practices and the Office considers necessary to carry out subsection
(a).
(c) The Inspector General of the Department of Defense shall have
reasonable opportunity to review and comment on the report re-
quired by subsection (a) before the report is transmitted to the
Congress. The comments of the Inspector General shall be included
in such report.
PROCUREMENT PRACTICES OF THE DEPARTMENT OF DEFENSE AT THE
END OF THE FISCAL YEAR
SEC. 11. (aXl) Not later than February 1, 1984, the Office of
Federal Procurement Policy (hereinafter in this section referred to
as the "Office") shall review the procurement actions of the Depart-
ment of Defense during the one-week period ending September 30,
1983, and transmit to the Congress a report on such review as
provided in paragraph (2). In carrying out the preceding sentence,
the Office shall review the regulations and administrative and
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managerial guidelines applicable to procurement actions of the
Department of Defense during the final quarter of a fiscal year.
(2) The report required by paragraph (1) shall include (A) the
number and dollar amount of contracts and -purchases which were
made by the Department of Defense during the one-week period
referred to in paragraph (1), (B) the findings and conclusions of the
Office on whether the Department of Defense had a bona fide need
for the property or services procured by each such contract and
purchase, (C) a list of the contracts and purchases which were made
by the Department of Defense during such period without formal
advertising, including the dollar amount of each such contract or
purchase, (D) a list of the contracts and purchases made by the
Department of Defense during such period after soliciting bids or
proposals from only one source, including the dollar amount of each
such contract and purchase, (E) each justification for making each
contract and purchase included in the list under clause (C) or (D)
without formal advertising or soliciting bids or proposals from more
than one source, (F) the findings and conclusions of the Office on
whether any regulation or administrative or managerial guideline
reviewed pursuant to paragraph (1) (including the requirements of
Office of Federal Procurement Policy letter number 81-1) were
violated in making any of the contracts or purchases reviewed
pursuant to paragraph (1), and (G) such recommendations for
legislation and administrative actions relating to the procurement
practices of the Department of Defense as the Office considers
appropriate to assure economy and efficiency in procurement ac-
tions by the Department of Defense during the final quarter of a
fiscal year.
(b)(1) The Secretary of Defense shall furnish to the Office such
information on the procurement actions of the Department of
Defense and the regulations and administrative and managerial
guidelines applicable to such actions as the Office considers neces-
sary to carry out subsection (a).
. (2) The Inspector General of the Department of Defense shall
furnish to the Office such information on the procurement actions of
the Department of Defense and the regulations and administrative
and managerial guidelines applicable to such actions as the Inspec-
tor General has acquired and the Office considers necessary to carry
out subsection (a).
(3) The Comptroller General of the United States shall furnish to
the Office such information on the procurement actions of the
Department of Defense and the regulations and administrative and
managerial guidelines applicable to such actions as the Comptroller
General has acquired and the Office considers necessary to carry out
subsection (a).
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(4) Each official furnishing information to the Office under para-
graph (1), (2), or (3) shall include with such information all informa-
tion furnished by such official to the Congress, any committee of the
Congress, or any Member of the Congress relating to the procure-
ment actions required by subsection (a) to be reviewed by the Office.
Speaker of the House of Representatives.
Vice President of the United States and.
President of the Senate.
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