Commercial Activities Contracting Procedures Act of 1991

Commercial Activities Contracting Procedures Act of 1991 - Directs executive agencies to prepare and make public an annual inventory of all commercial activities performed by their employees or by a commercial source under contract. Excludes from such an inventory: (1) commercial activities requiring less than ten full-time equivalent work years annually; and (2) certain preferential procurement programs relating to small disadvantaged business or sheltered workshops for the blind or severely handicapped.

Allows labor organizations representing agency employees to petition agency heads to include or exclude a commercial activity from an inventory.

Requires that a determination that an activity of an agency is or is not a governmental function is to be made only by employees of the Government, without assistance of any kind from any Government contractor.

Requires the performance of commercial activities included in an inventory to be procured from commercial sources unless the agency head determines that: (1) no commercial source can perform the activity; (2) use of such source would unacceptably delay or disrupt an agency program or activity; (3) the activity affects patient care at a Government-operated hospital and performance of the activity by Government employees would be in the best interest of patient care; (4) the activity is a governmental function; (5) with respect to commercial activities presently being performed by contract, Government employees can perform the work at a lower cost; or (6) with respect to activities presently being performed by Government employees, Government employees can perform the work at a cost no more than ten percent higher than the anticipated cost of contracting out.

Requires the pricing method used for a contract for procurement by an agency of performance of a commercial activity to be based on a firm fixed price, unless the head of the agency provides a written certification, to be included in the contract file, that a cost reimbursable contract is appropriate and necessary in a particular case, citing all substantive reasons and regulatory authorities supporting that determination.

Limits the term of such a contract to three years, or if the contracting officer determines in writing that the contract is for complex, multifunction commercial activities such that a longer time period is justified, five years.

Requires agencies, before converting the performance of any commercial activity, to conduct a cost comparison analysis that computes all costs on the basis of the final performance work statement. Sets forth exceptions for the preferential procurement programs excluded from the inventory. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to establish requirements for conducting such analyses that contain provisions governing the calculation of all relevant costs of performing a commercial activity, the exclusion of certain costs, and the consideration of the use of Government property.

Requires Federal agency heads to establish a board to review the adequacy of cost comparison analyses and the performance work statements for accuracy and completeness and to consider employee appeals regarding an agency decision not to incorporate their comments and recommendations into a performance work statement.

Allows interested parties to appeal a final review board determination to an agency head.

Prohibits a conversion to contract or in-house performance of any commercial activity within 15 days after a review board decision or while an appeal of a review board decision is pending.

Requires Federal agency heads to notify all agency employees performing a commercial activity of each cost comparison analysis initiated with respect to that commercial activity and to keep those employees informed of the progress of each such analysis.

Prohibits disclosure of any cost comparison analysis before the review board issues its final determination.

Requires Federal agency heads to prepare a performance work statement for each commercial activity for which a cost comparison analysis is conducted. Requires such statement to define the scope of work for a commercial activity. Allows commercial activities to be combined for the preparation of such statements under certain circumstances. States that in no case shall any commercial activity, the performance of which by Government employees requires more than ten full-time equivalent work years, be modified, reorganized, divided, or in any way changed for the sole purpose of circumventing any requirement of this Act. Requires each agency to provide agency employees who may be adversely affected 60 days to submit comments and recommendations regarding each performance work statement before it is submitted to the review board. Grants an employee the right to appeal to the appropriate review board an agency decision not to incorporate such comments and recommendations into a performance work statement. Requires the review board to sustain the appeal and require the agency to incorporate such recommendation into the performance work statement if the board determines that an agency decision is not substantially justified by the facts of the case or is contrary to law or regulation. Requires agencies to make performance work statements available for public review.

Sets forth the duties of the Government and private sector contractors regarding reemployment of employees adversely affected by a conversion to contract performance.

Directs the Administrator of Federal Procurement Policy to issue regulations requiring agency heads to report annually to the Office of Federal Procurement Policy on the number and dollar value of agency commercial activities converted to contract or to in-house performance each year and on anticipated savings resulting from such conversions. Directs the Administrator to report annually to the Congress on: (1) such savings and whether the conversions actually resulted in the savings anticipated; (2) the number of Federal and non-Federal employees performing commercial activities for the Government; and (3) the contract number and value for each commercial activity procured by an agency under contract.

Provides that General Accounting Office bid protest procedures are not applicable to bid protests concerning a cost comparison analysis or the performance work statement relating to a conversion to contract or to in-house performance.

Declares that this Act shall not apply: (1) in any case in which its application would be contrary to a treaty or other lawful agreement between the United States and any other nation; (2) to the Department of Defense in time of a declared war or a military mobilization or other emergency declared, without delegation, by the President or by the Secretary of Defense; (3) to research or development activities; or (4) to the procurement of architectural or engineering services governed by title IX of the Federal Property and Administrative Services Act of 1949.

Requires the Administrator of General Services and the Secretary of Defense to each establish within their respective agencies a Commercial Activities Contracting Resource Center for the purpose of assisting Federal agencies in implementing the requirements of this Act.