Federal Property and Administrative Services Authorization Act of 1992

Federal Property and Administrative Services Authorization Act of 1992 - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to change the current permanent authorization for functions and activities under FPASA, including certain operations of the General Services Administration (GSA), to a recurring authorization set through FY 1993. Provides that such change will not affect funds authorized elsewhere under FPASA.

Provides that a person appointed to the Deputy Administrator position or as the head of a principal GSA organizational unit shall, in addition to any other minimum qualifications, have significant previous management experience in government or the private sector in an area or areas directly related to the functions and responsibilities of the position to which that person is appointed.

Title I: Acquisition of Nondevelopmental and Commercial Items - Nondevelopmental and Commercial Items Acquisition Act of 1992 - Part A: Acquisition of Nondevelopmental Items - Amends FPASA to require the Federal Acquisition Regulation (FAR) issued under the Office of Federal Procurement Policy Act (OFPPA) to require that: (1) supply procurement requirements of Federal agencies are stated in terms of functions to be performed, performance required, or essential physical characteristics; (2) such requirements are defined so that nondevelopmental items (NDIs) (items of supply that are or will be in use in the commercial marketplace or government sector, and, if appropriate, require only minor modifications to meet agency requirements) may be procured to fulfill such requirements; (3) such requirements are fulfilled through the procurement of NDIs where practicable; and (4) before developing new specifications, executive agencies conduct market research to determine whether NDIs are available or could be modified to meet agency needs.

Requires FAR to require: (1) the use of simplified uniform contracts for the acquisition of commercial items by Federal agencies, to the maximum extent practicable; (2) that Federal agencies take advantage of commercial warranties to the maximum extent practicable, and use such warranties for the repair and replacement of commercial items; and (3) offerors, where appropriate and in accordance with prescribed criteria, to demonstrate that products being offered are suitable for agency use and meet required product specifications.

Allows the Department of Defense to use procedures under the National Defense Authorization Act for Fiscal Years 1990 and 1991 until the use of such simplified uniform contracts is required to take effect.

Requires FAR to provide guidance to agencies on the use of past performance of products and sources as a factor in award decisions.

Requires the Administrator for Federal Procurement Policy to issue guidelines for training by executive agencies of appropriate personnel in the acquisition of NDIs.

Amends OFPPA Act to make the advocate for competition for each procuring activity responsible for promoting full and open competition and the acquisition of NDIs and for challenging barriers to such acquisition.

Directs the Comptroller General to report to the Congress on the use of market research in support of NDI procurement.

Part B: Enhancement of Competition in Contracting - Amends FPASA to provide that application of the exceptions to the submission of cost or pricing data is mandatory when certain requirements are met. Provides that cost or pricing data may be requested from a vendor, notwithstanding the mandatory nature of such exceptions when the agency head determines that such data are necessary. Requires revision of FAR to implement such amendment and the amendments made under title III of this Act to the Truth in Negotiations Act.

Amends OFPPA to prohibit executive agencies from making certain modifications to contracts until ten days after the contracting officer provides a notice of the modification for publication in the Commerce Business Daily.

Part C: Acquisition of Commercial Items - Amends OFPPA to establish a preference and system under Federal law for the acquisition of commercial items by executive agencies. Renames the Advocate for the Acquisition of Commercial Products in the Office of Federal Procurement Policy the Advocate for the Acquisition of Commercial Items. Revises the Advocate's responsibilities to reflect the statutory preference for the acquisition of commercial items and to include the monitoring of compliance by executive agencies with such preference. Requires the Administrator for Federal Procurement Policy to report annually to specified congressional committees on any action taken by the Office of Federal Procurement Policy to promote the acquisition of commercial items.

Part D: Miscellaneous Provisions - Provides for the revision of FAR to implement this title. Requires such revision to include the issuance of a simplified uniform contract for the acquisition of commercial items.

Adds to OFPPA a new definition of "commercial items". Applies such definition to FPASA title III.

Title II: Amendments To Federal Property and Administrative Services Act of 1949 - Amends FPASA to permit executive agencies to award multiple contracts for the same supply or service when the agency head determines that it is in the best interests of the Government for the purpose of maintaining a continuous source for the supply or service.

Conforms FPASA's requirements regarding an agency's responsibilities concerning statements of evaluation factors in a solicitation to changes made by the National Defense Authorization Act for Fiscal Year 1991 to the Competition in Contracting Act of 1984.

Addresses the importance that must be assigned to price or cost in a source selection decision and the information that must be provided to competing vendors regarding the relationship between price or cost and other source selection factors.

Revises evaluation and award provisions.

Raises FPASA's cost or pricing data threshold until 1996. Makes such increase applicable to: (1) prime contracts or subcontracts entered into after a final revision of FAR reflecting the increase in the threshold is issued; and (2) changes or modifications to prime contracts or subcontracts when those changes or modifications are priced after a final revision of FAR is issued.

Authorizes the head of an agency to modify a contract, at the request of a contractor, to reflect the increased threshold.

Requires the GSA Administrator to prescribe regulations: (1) identifying the type of procurements for which contracting officers should consider requiring the submission of certified cost or pricing data; and (2) concerning the types of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the Government is fair and reasonable when certified cost or pricing data are not required because the price of the procurement is not expected to exceed $500,000.

Repeals commercial pricing certificate requirements under FPASA.

Requires a review by the Comptroller General of and a report to the Congress on the effects of the amendments made above regarding the cost or pricing data threshold and commercial pricing certificate requirements.

Require that in any case in which the submission of cost or pricing data is required by the agency head, the reasons for such determination must be documented in writing.

Provides for the revision of FAR to reflect the amendments made above as well as the effective date for such amendments.

Requires a revised FAR to establish standards and requirements for the consideration of cost and price as evaluation factors under the amendments made above to FPASA. Requires such standards and requirements to be adequate to ensure that to the maximum extent practicable consistent with the needs of the Federal Government in conducting procurements: (1) cost or price is an evaluation factor of sufficient weight to affect each source selection decision; and (2) competition among competing offerors is affected by cost or price.

Title III: Amendments Relating to Title 10, United States Code - Amends the Competiton in Contracting Act of 1984 to put in place under such Act amendments identical to the amendments made by title II of this Act regarding the importance assigned to price or cost in a source selection decision and the information that must be provided to competing vendors on the relationship between price or cost and other source selection factors.

Amends Federal armed forces provisions concerning cost or pricing data to put in place under them amendments identical to the amendments made by title I of this Act regarding the application of the exceptions to the submission of cost or pricing data.

Makes a technical amendment to the National Defense Authorization Act for Fiscal Years 1990 and 1991 regarding the acquisition of commercial and nondevelopment items.

Title IV: Brooks Act Amendments - Provides that specified provisions of FPASA concerning the: (1) procurement, maintenance, operation, and use of automatic data processing equipment may be cited as the Brooks Automatic Data Processing Act; and (2) procurememt of architectural and engineering services may be cited as the Brooks Architect-Engineers Act.

Amends the Brooks Automatic Data Processing Act to: (1) allow GSA's board of contract appeals to dismiss protests that are frivolous or have been brought in bad faith and to impose costs for violations or failure to comply with its orders and decisions; and (2) provide for GSA oversight of agency automatic data processing equipment procurements.

Title V: Miscellaneous Provisions - Amends the Competition in Contracting Act of 1984 to revise provisions authorizing the Comptroller General to award bid and proposal preparation and protest costs to companies that file meritorious bid protests to make the payment of such costs, as well as compliance with other recommendations by the Comptroller General in the GAO bid protest process, discretionary for the contracting agency.

Requires the head of the procuring activity to report to the Comptroller General in each case in which the recommendations of the Comptroller General are not followed by the agency.

Provides that costs recommended by GAO to be paid are paid out of the judgment fund, subject to agency reimbursement.

Requires the Comptroller General to: (1) report promptly to the appropriate congressional committes each case in which a Federal agency fails to follow recommendations of the Comptroller General; and (2) transmit annually to the Congress a summary report on such cases.

Provides for the ratification of cost awards made by GAO under law in effect before the enactment of this Act.

Requires FAR to be revised to include guidelines for post-award debriefings. Sets forth debriefing requirements. Requires the Federal Acquisition Regulatory Council to issue a final revision of FAR implementing such guidelines.

Increases the small purchase threshold.

Requires FAR to be revised to provide for improved access to information regarding small purchase procurement opportunities, especially for small disadvantaged businesses.

Requires the Comptroller General to monitor and report to the Congress on the results of the increase in the small purchase threshold to ascertain its effects on the participation of small business concerns, including small disadvantaged businesses, in procurement awards of less than $50,000 and the benefits and detriments to buying activities.

Requires that the Administrator for Federal Procurement Policy develop policies that: (1) ensure that small businesses are provided with the maximum practicable opportunities to participate in procurements conducted below the small purchase threshold; and (2) promote the achievement of goals for participation by small businesses.

Authorizes the Administrator for Federal Procurement Policy to conduct a test program of alternative and innovative procurement procedures. Sets forth specific procedures that may be tests. Requires a report to the Congress on the results of each test.

Amends the Brooks Architect-Engineers Act to prohibit agencies from conducting preaward audits in any case in which the objectives of such an audit can be met by accepting the results of another audit of the contract awardee conducted by a Federal agency within the previous year.

Sets forth Buy American requirements for Federal agency procurements. Requires the GSA Administrator to report to the Congress on the amount of procurements made from foreign entities during FY 1993 through 1995 with funds authorized by this Act.

Prohibits the award of any contract or subcontract made with funds authorized by this Act to any person found to have intentionally affixed a label bearing a "Made in America" inscription to a product sold in or shipped to the United States that is not made in the United States.

Title VI: Commission on Information Technology and Paperwork Reduction - Establishes the Commission on Information Technology and Paperwork Reduction in order to minimize the information reporting burden imposed by the Federal Government, consistent with the needs of the Government for information for policy purposes. Lists specific Commission functions, which include the study and review of former Commission on Paperwork recommendations for paperwork reduction.

Requires a final Commission report to the Congress and the President with a review of both of its findings and recommendations for statutory and other changes needed to minimize Federal reporting requirements.

Requires action by the Office of Management and Budget with respect to Commission recommendations.

Authorizes appropriations.