OFFICE OF FEDERAL PROCUREMENT POLICY ACT AN ACT To establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Office of Federal Procurement Policy Act". (b) TABLE OF CONTENTS.-The table of contents for this Act is as follows: Sec. 12. Delegation. Sec. 14. Access to information. Sec. 15. Tests of innovative procurement methods and procedures. Sec. 18. Procurement notice. Sec. 19. Record requirements. Sec. 20. Advocates for competition. Sec. 21. Rights in technical data. Sec. 22. Publication of proposed regulations. Sec. 23. Contracting functions performed by Federal personnel. Sec. 25. Federal Acquisition Regulatory Council. Sec. 26. Cost Accounting Standards Board. Sec. 27. Procurement integrity. Sec. 28. Advocate for the Acquisition of Commercial Products. Sec. 29. Nonstandard contract clauses. Sec. 30. Federal acquisition computer network (FACNET). Sec. 30A. Federal acquisition computer network implementation. Sec. 31. Simplified acquisition procedures. Sec. 32. Procedures applicable to purchases below micro-purchase threshold. Sec. 33. List of laws inapplicable to contracts not greater than the simplified acquisition threshold in Federal Acquisition Regulation. Sec. 34. List of laws inapplicable to procurements of commercial items in Federal Acquisition Regulation. SEC. 2. [41 U.S.C. 401] DECLARATION OF POLICY. 1 It is the policy of the United States Government to promote economy, efficiency and effectiveness in the procurement of prop 1Section 502 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993 (Public Law 102-394; 106 Stat. 1825; 41 U.S.C. 401 note) provides: SEC. 502. No part of any appropriation_contained in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts 541 Continued erty 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 reasonable cost; (3) promoting the development of simplified uniform procurement processes; (4) promoting the participation of small business concerns; (5) supporting the continuing development of a competent, professional work force; ess; (6) eliminating fraud and waste in the procurement proc (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 commercial products to meet the Government's needs; (11) requiring that personal services are obtained in accordance with applicable personnel procedures and not by contract; (12) ensuring the development of procurement policies that will accommodate emergencies and wartime as well as peacetime requirements; (13) promoting, whenever feasible, the use of specifications which describe needs in terms of functions to be performed or the performance required; and (14) establishing policies and procedures that encourage the consideration of the offerors' past performance in the selection of contractors. SEC. 3. [41 U.S.C. 402] FINDINGS AND PURPOSE. (a) The Congress finds that economy, efficiency, and effectiveness in the procurement of property and services by the executive agencies will be improved by establishing an office to exercise responsibility for Government-wide procurement policies, regulations, procedures, and forms. (b) The purpose of this Act is to establish an Office of Federal Procurement Policy in the Office of Management and Budget to provide overall direction of procurement policies, regulations, procedures, and forms for executive agencies in accordance with applicable laws. SEC. 4. [41 U.S.C. 403] DEFINITIONS. As used in this Act (1) the term "executive agency" means shall be expended by an executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.Č. 401 et seq.), pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with such Act and regulations promulgated thereunder. |