Foreign Contracting Audit Equity Act of 1990 - Requires each solicitation for competitive proposals issued by an executive agency for a contract (excluding contracts awarded under sealed-bid procedures) or subcontract for the procurement of goods or services by a foreign contractor, and each such contract or subcontract awarded by an executive agency, to include a clause under which the agency has the right to inspect the facilities and audit the records of each foreign offeror or contractor.
Prohibits an executive agency from awarding such a contract or subcontract using procedures other than competitive procedures, or from agreeing to a modification of such a contract or subcontract, as a result of a proposal costing over $500,000, unless: (1) the proposal has been audited in accordance with acceptable contract auditing standards and its price has been determined to be reasonable; and (2) the contracting officer documents the basis for the determination.
Prohibits an executive agency head from exercising any authority under another law to waive any requirement for a foreign contractor or subcontractor to submit cost or pricing data, unless the agency head determines that the contract price is reasonable and includes such determination in the contract file.
Authorizes executive agency heads to designate a foreign audit entity as an agency representative authorized to examine records of a foreign contractor if such entity has been approved under a memorandum of understanding between the head and the foreign country.
Grants the head of an agency which awards such a contract the right to examine records related to contract proposals, pricing, and performance in order to verify any certification or statement made by a foreign contractor with respect to such a contract.
Authorizes inspectors general of executive agencies to require by subpoena the production of any records in the performance of functions pursuant to this Act.
Requires executive agency heads to include in each such contract a clause which grants the Comptroller General the right to examine any records of any foreign contractor under the contract.
Sets forth penalties for violations of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Government Operations.
Referred to the Subcommittee on Legislation and National Security.
Forwarded by Subcommittee to Full Committee (Amended).
Subcommittee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported (Amended) by the Committee on Government Operations. H. Rept. 101-729.
Reported (Amended) by the Committee on Government Operations. H. Rept. 101-729.
Placed on the Union Calendar, Calendar No. 454.
Mr. Conyers moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules.
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The chair announced that a second on the motion to suspend the rules is not required.
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Governmental Affairs.