A bill to authorize functions and activities under the Federal Property and Administrative Services Act of 1949, to amend laws relating to Federal procurement, and for other purposes.
Federal Property and Administrative Services Authorization Act of 1992 - Amends the Federal Property and Administrative Services Act of 1949 to authorize appropriations for functions and activities under the Act, including operations of the General Services Administration (GSA), through FY 1995.
Title I: Amendments To Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to set forth provisions analogous to those contained in the National Defense Authorization Act for Fiscal Year 1991 concerning an agency's responsibilities regarding statements of evaluation factors in a contract solicitation.
Raises the cost and pricing data threshold under the Federal Property and Administrative Services Act of 1949 to $500,000. Requires the Administrator of GSA to prescribe regulations identifying procurements for which contracting officers should consider requiring submission of cost or pricing data, as well as the types of information required from offerors.
Title II: Brooks Act Amendments - Provides that specified provisions of the Federal Property and Administrative Services Act of 1949: (1) concerning the procurement, maintenance, operation, and use of automatic data processing equipment may be cited as the Brooks Automatic Data Processing Act; and (2) concerning the procurement of architectural and engineering services may be cited as the Brooks Architect-Engineers Act.
Amends the Brooks Automatic Data Processing Act to: (1) allow the Administrator to revoke a delegation of procurement authority either before or after a contract is awarded, but only where a law or regulation is violated with regard to a revocation; (2) revise GSA's board of contract appeals authority to accept protests against procurements; (3) allow such board to dismiss protests that are frivolous or have been brought in bad faith, and to construe the facts of a case against a party for violations of or failures to comply with its orders and decisions; (4) require settlement agreements providing for or contemplating the dismissal of a protest to be submitted to such board for approval or disapproval; (5) require agencies to reimburse the judgment fund when either awards or settlements are paid out of that fund; (6) allow prevailing (currently "interested") parties to be awarded protest resolution costs; (7) revise the definitions of "protest" and "interested party"; (8) define "prevailing party"; and (9) provide for GSA oversight of agency automatic data processing equipment procurements.
Title III: Miscellaneous Provisions - Amends the Competition in Contracting Act of 1984 to revise the authority of the Comptroller General to award costs and fees to successful procurement protesters to make such costs and fees payable as a matter of law, rather than as a consequence of the Comptroller General's discretion.
Subjects to judicial review the entitlement of an interested party to recover such costs and fees.
Amends the Office of Federal Procurement Policy Act to require that agencies debrief losing vendors, upon their request, after a contract is awarded on a basis other than price alone. Specifies the information that is to be provided to the offeror requesting the debriefing, as well as the information that is not to be provided. Provides vendors with the opportunity for additional post-award information.
Read twice and referred to the Committee on Governmental Affairs.
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 102-1090.
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Governmental Affairs. Reported to Senate by Senator Glenn with an amendment in the nature of a substitute. With written report No. 102-348.
Committee on Governmental Affairs. Reported to Senate by Senator Glenn with an amendment in the nature of a substitute. With written report No. 102-348.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 575.
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