LETTER TO MR(Sanitized) FROM WILLIAM W. THYBONY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600130004-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: August 16, 2000
• Sequence Number: 4
• Publication Date: November 6, 1973
• Content Type: LETTER

*GSA Declassification&Release Instructions In ERU File - No Referral To
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AL SERVICES ADMINIbTF~/~i its h
GENER
Office of Federal Management Policy
Washington, DC 20405
STATINTL November 6, 1973
Chief, Procurement Management Staff
Office of Logistics
Central Intelligence Agency
Washington, DC 20505
STATINTLST6Tar
In memorandums to Heads of Executive Departments and 1973,
Agencies on December 7, 1972, and again on March 19,
the Office of Management and Budget outlined plans for
coordination of executive branch efforts in response to
the Commission on Government Procurement (COGP) report.
Direction of executive branch efforts on COGP matters is
a function which was transferred to the General Services
Administration by Executive Order 11717 on May 9, 1973.
In P. memorandum from Associate Administrator H. S. Trimmer,
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outlined whereby requests for official agency views would
be addressed to Official Agency Representatives for COGP
matters rather than to Heads of Agencies. Responses to our
request for agency views on the new procedure have been
favorable, and it is being used in this instance. It should
be noted that the character of views solicited in accordance
with the new procedure should not be different than those
resulting from a request directed to the Heads of Agencies.
"Official" agency views are sought in either case.
The purpose of this memorandum is to request the official
views of your agency on a proposed executive branch position
developed under this program in respect to COGP Recommendation
J-2. This recommendation concerns extension by legislation
of the Truth-in-Negotiations Act to all Government procurement
agencies not presently covered by the Truth-in-Negotiations
Act, P.L. 87-653.
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2
Enclosed is the task group report on Recommendation J-2
and a summary analysis prepared by the Office of Procurement
Management. The recommendation was discussed with the
Planning Staff of the Interagency Procurement Policy Group
(re: Assistant to the President for Executive Mapagement's
memorandum of June 28, 1973) on October 10, 1973.- The result
of that discussion was a consensus view that the task group
report and analysis constitutes an adequate basis for
soliciting official agency comments concerning the proposed
course of action. However, the decision to solicit official
agency views does not constitute an endorsement of the proposed
position/implementation by this agency, agencies represented
by the task group or the Planning Staff.
If your agency has a view which you wish to have considered
in the processing of a final executive branch position on
this recommendation, please advise us of such view on or
before the date appearing at the asterisk below. No comment
or contact with this off ice. before.or on the date "shown at
.the asterisk will be considered to represent general agreement
with the-position as' proposed.
Any questions regarding any aspect of the procedure involved
with this action may be discussed with Mr. H. E. Tetirick,
/~de ,83-619 or outside 343-6194.
v / /
TJ,e,lnn h^nU Code 183-61014
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Sincerely,
WILLIAM W. THYBONY
Acting Director
Office of Procurement Management
Enclosures
January 7, 1974
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SUMMARY ANALYSIS
PROPOSED EXECUTIVE BRANCH POSITION
AND IMPLEMENTATION FOR COMMISSION ON GOVERNMENT PROCUREMENT
(COGP) RECOMMENDATION J-2
COGP RECOMENDATION:
"Extend the Truth in Negotiations Act to.all Government
procurement agencies and develop coordinated regulations
for interpretation and application of its provisions."
PROPOSED EXECUTIVE BRANCH POSITION:
The proposed position and implementation for this
recommendation is:
(a) Support the thrust of the recommendation
as stated by the COGP.
(b) Take no action to implement the recommendation
legislatively at this time pending development
of an executive branch position on H.R. 9061.
(c) Inform appropriate Committee Chairmen in the
House and Senate and other officials of the basic
executive branch support for the recommendation.
DISCUSSION:
In line with the executive branch's desire to vigorously
pursue the adoption or other disposition of COGP
recommendations, Recommendation J-2 has been selected
on the basis that the recommendation is already part
of a legislative proposal which, if enacted, would
fully satisfy the COGP recommendation.
The following matters have been considered in arriving at the
above proposed executive branch position:.
(1) COGP Recommendation J-2 was prompted by the
fact that the Truth in Negotiations Act (P.L. 87-653),
by law, applies only to DOD, NASA, and Coast Guard
contracts and subcontracts, since it is covered only
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in 10 U.S.C. section 2306(f) (part of the Armed Services
Procurement Act). P.L. 87-653 does not apply, by law,
to contracts entered into and based upon the Federal
Property and Administrative Services Act (FPASA).
(2) Although P.L. 87-653 is not statutorily applicable
to contracts via the FPAS Act, its provisions have been
made applicable to such contracts by administrative action.
Application of P.L. 87-653 by legislation to the FPAS Act
would, therefore, give the requirements of this law statutory
standing, permanence, and greater legal force and effect
than is presently afforded by coverage in-the Federal
Procurement Regulations.
(3) Accomplishment of COGP Recommendation J-2 has
been initiated in the form of its inclusion in legislative
proposal H.R. 9061, the latter being a proposed procure-
ment statute which consolidates the above-mentioned ASP
Act and FPAS Act into one statute.
(4) In a meeting with the Planning Staff of the
Interagency Procurement Policy Group on October 10,
1973, it was agreed that (a) the proposed executive
branch position was adequate for solicitation of appro-
priate official agency views, and (b) that it is not
planned to solicit private-sector comments because, as
indicated above, Truth in Negotiations Act provisions are
already in effect administratively in the area affected by
the recommendation.
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