Office of Federal Procurement Policy Act Amendments of 1988

(Measure passed House, amended)

Office of Federal Procurement Policy Act Amendments of 1988 - Amends the Office of Federal Procurement Policy Act to provide that the Federal Acquisition Regulatory Council (established by this Act) shall implement policies, regulations, procedures, and forms relating to procurement and procurement systems as such functions are prescribed by the Administrator for Federal Procurement Policy (Administrator). Requires the Administrator to prescribe Government-wide regulations, procedures, and forms when the Council is unable to agree on such regulations, procedures, and forms in a timely manner.

Requires the Administrator to recommend to the Administrator of General Services: (1) a sufficient budget for the activities of the Federal Procurement Data System and the activities of the Federal Acquisition Institute; and (2) methods to ensure executive agency compliance with procurement and record-keeping requirements.

Directs the Administrator to establish standards of conduct and post-employment limitations for Federal employees involved in procurement or procurement systems.

Provides permanent authorization of appropriations for the Office of Federal Procurement Policy.

Establishes the Federal Acquisition Regulatory Council to assist in the direction and coordination of procurement policy and procurement regulatory activities. Provides that the Council shall consist of the Administrator, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and the Administrator of General Services.

Directs the Council to issue and maintain a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation. Declares that any other procurement regulations shall be limited to additional policies and procedures designed to satisfy the specific needs of an agency. Allows the issuance of regulations that are inconsistent with the Federal Acquisition Regulation if there is an urgent and compelling need; but such regulations may be in effect for no longer than six months and may not be reissued without the approval of the Administrator.

Directs each Council member to: (1) approve or disapprove proposed and final regulations of the member's department or agency relating to procurement before such regulations may become effective; (2) carry out the responsibilities for information collection requests relating to procurement; and (3) eliminate or reduce the levels of review in the procurement system of the member's department or agency.

Directs the Council to manage, direct, coordinate, and monitor the maintenance of, and the issuance of changes in, the Federal Acquisition Regulation.

Directs the Administrator, with the concurrence and cooperation of the Council, to: (1) issue a report every six months relating to the development of procurement regulations by the General Services Administration, the Department of Defense, and the National Aeronautics and Space Administration; and (2) report to the Congress within 180 days after establishment of the Council regarding the extent of the paperwork burden created by the Federal procurement process, and the extent to which the Federal procurement system can reduce unnecessary paperwork while maintaining legitimate recordkeeping and reporting requirements to ensure the integrity of the system.

Establishes within the Office of Federal Procurement Policy an independent board to be known as the Cost Accounting Standards Board, which shall be chaired by the Administrator.

Provides that the Board has the exclusive authority to make, promulgate, amend, rescind, and enforce cost accounting standards and principles designed to achieve uniformity, consistency, and equity in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the United States. Declares that duly promulgated cost accounting standards and cost principles shall be mandatory for use by executive agencies and contractors and subcontractors in estimating, accumulating, and reporting costs in connection with pricing, administration, and settlement of negotiated prime contract and subcontract procurements in excess of $100,000, other than contracts where the price negotiated is based on: (1) established catalog or market prices of commercial items sold in substantial quantities to the public; or (2) prices set by law or regulation. Provides that contracts that are subject to conflicting agency regulations shall be controlled by standards and principles promulgated by the Board.

Authorizes the Board to exempt classes or categories of contractors or subcontractors from such regulations and to establish procedures to waive certain requirements.

Specifies procedures to be taken by the Council and the Board prior to promulgating rules, regulations, cost accounting standards, and cost principles.

Requires the Board to report to the Congress annually on its activities.

Authorizes appropriations.

Declares it to be unlawful during the conduct of any Federal agency procurement of property or services: (1) for any officer, employee, or representative of any competing contractor knowingly to make any offer or promise of future employment or business opportunity to, or to knowingly engage in any discussion of future employment or business opportunity with, any procurement official or employee of such agency; (2) for any officer, employee, or representative of any competing contractor knowingly to offer, give, or promise to offer or give, directly or indirectly, any money, gratuity, or other thing of value to any procurement official or employee of such agency; (3) for any procurement official or employee of such agency who has any responsibility or authority with respect to such procurement knowingly to ask, demand, exact, solicit, seek, accept, receive, or agree to receive, directly or indirectly, any money, gratuity, or other thing of value (including offer of future employment) from any officer, employee, or representative of any contractor competing for such procurement; (4) for any procurement official or employee of such agency knowingly to disclose to any unauthorized person, prior to the award of a contract and with regard to the bids or proposals of competing contractors, any confidential or proprietary data of the competing contractors or any other information the disclosure of which to a competing contractor would give that contractor an unfair competitive advantage or would otherwise undermine or harm the Government's negotiating position; (5) for any officer, employee, or representative of any competing contractor knowingly to receive from any procurement official or employee of such agency any information unauthorized for disclosure prior to the award of a contract; or (6) for any person who is given access to information prior to the award of a contract to knowingly disclose such information to any unauthorized person.

Requires written certification to the contracting officer from the following persons that no violation of standards of conduct regarding Federal procurement has occurred: (1) the competing contractor, and each officer, employee, or representative of the contractor who has had any contact during the conduct of the procurement with any procurement official or employee of the agency who has any authority or responsibility with respect to such procurement; and (2) each procurement official and employee of such agency who has any authority or responsibility with respect to such procurement.

Provides that if a competing contractor has an ethics program in place, then certification of compliance with such program may be used in lieu of the certification required under this Act. Specifies recordkeeping requirements for the contracting officer.

Makes it unlawful for any individual who, during the conduct of an agency procurement, was engaged as a procurement official or employee of such agency, and was involved in any manner in the conduct of such procurement, to participate in any manner, as an officer, employee, agent, or consultant to a competing contractor, in: (1) any negotiations leading to the award or modification of a contract for such procurement; or (2) the performance of such contract, during the three-year period beginning on the date such individual ceases to be a procurement official or employee of such agency.

Makes an individual who is found to have knowingly violated procurement integrity requirements ineligible for service in future procurements.

Authorizes an agency, if it obtains information providing a reasonable basis to believe that a violation has occurred, to: (1) terminate the procurement; (2) rescind or void a contract; (3) suspend the competing contractor; and (4) initiate a debarment proceeding.

Establishes debarment proceedings for any individual who is found to have violated procurement integrity requirements.

Directs the Administrator to conduct a study to develop a consistent methodology which executive agencies should use for measuring profits earned by Government contractors on procurements.

Amends the Federal Property and Administrative Services Act to expand the definition of architectural and engineering services.

Establishes the position of Advocate for the Acquisition of Commercial Products in the Office of Federal Procurement Policy. Directs the Advocate to: (1) review all proposed procurement regulations and report to the Administrator on whether such regulations will encourage or discourage the acquisition of commercial products by Federal agencies; (2) recommend to the Administrator which procurement regulations should be rescinded or modified to encourage the acquisition of commercial products; and (3) recommend methods of simplifying procurement regulations governing acquisition of commercial products.

Requires the Administrator, in consultation with the Comptroller General, to report to specified congressional committees on the extent to which the data collected by the Federal Procurement Data System is adequate for the management, oversight, and evaluation of Federal procurement.