A bill to amend the Federal Property and Administrative Services Act of 1949 to enact provisions governing the negotiation and award of contracts under the multiple award schedule program of the General Services Administration.
Multiple Award Schedule Program Reform Act of 1992 - Amends the Federal Property and Administrative Services Act of 1949 to direct the Administrator of the General Services Administration (GSA) to establish and administer procedures for the negotiation and award of contracts under the multiple award schedule program (i.e., the program under which GSA awards multiple award schedule contracts (MASCs) through either the Federal Supply Services or the Information Resources Management Service, including any program whereby such contracts are awarded by another Federal agency under authority delegated by the Administrator) to provide Federal agencies with a means to acquire limited quantities of commercially available products or services at fair and reasonable prices, with a minimum of administrative burden.
Specifies that: (1) GSA's pricing objective shall be to obtain fair and reasonable prices (and that no award shall be made without a written supportable determination that such contract prices are fair and reasonable, or withheld without such a determination that fair and reasonable contract prices cannot be achieved); (2) prices for items solicited for MASCs shall be negotiated based upon established catalog or market prices, with exceptions; (3) the determination of whether fair and reasonable prices have been negotiated shall be made in accordance with specified price or cost analysis techniques; and (4) schedule offerors shall be required to submit to GSA only the minimum amount of discount and sales data necessary to support a determination of fair and reasonable prices (but that discount and sales information relating to non-end user commercial buyers operating under different terms and conditions than the Government ordinarily shall not be required).
Sets forth: (1) circumstances under which prices under schedule contracts shall be subject to adjustment; and (2) related procurement requirements.
Directs the Administrator to: (1) establish a procedure whereby schedule offerors may appeal decisions of the contracting officer on pre-award matters relating to pricing to the head of the contracting activity or an appropriate designee at a level above the contracting officer; (2) appoint a senior procurement executive to be responsible for management direction of the program (who shall develop procedures to assure the timely award and administration of MASCs and serve as the Administrator's liaison to user agencies and multiple award schedule contractors); (3) develop and maintain a training program for agency personnel responsible for the negotiation and award of MASCs; and (4) assure that Federal agencies authorized to use MASCs are provided access to all schedule contracts awarded and, upon request, provide guidance to those agencies concerning the proper use of such contracts in accordance with governing regulations.
Requires GSA's board of contract appeals, upon request of an offeror for an MASC, to review any decision by a contracting officer or other designated individual in connection with the award or failure to award such contract which is alleged to violate a statute or regulation. Specifies applicable standards of review and governing procedures.
Amends the Office of Federal Procurement Policy Act to require agency advocates for competition to review the compliance of their respective agencies with the regulations governing the use of MASCs.
Directs the Administrator to revise the procedures governing the negotiation and award of MASCs to reflect the provisions of this Act.
Referred to the Subcommittee on Legislation and National Security.
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.
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