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Titles (6)

Short Titles

Short Titles as Enacted

Office of Federal Procurement Policy Act Amendments of 1988

Short Titles - House of Representatives

Short Titles as Passed House

Office of Federal Procurement Policy Act Amendments of 1988

Short Titles - Senate

Short Titles as Passed Senate

Reauthorization of the Office of Federal Procurement Policy Act of 1988

Short Titles as Reported to Senate

Reauthorization of the Office of Federal Procurement Policy Act of 1988

Short Titles as Introduced

Reauthorization of the Office of Federal Procurement Policy Act of 1988

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to amend the Office of Federal Procurement Policy Act to authorize appropriations for an additional four years, and for other purposes.


Actions Overview (9)

Date
11/17/1988Became Public Law No: 100-679.
11/17/1988Signed by President.
11/07/1988Presented to President.
10/20/1988Resolving differences -- House actions: House Agreed to Senate Amendments by Unanimous Consent.
10/19/1988Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment by Voice Vote.
09/13/1988Passed/agreed to in House: Passed House (Amended) by Voice Vote.
08/11/1988Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
07/08/1988Committee on Governmental Affairs. Reported to Senate by Senator Glenn with amendments. With written report No. 100-424.
03/24/1988Introduced in Senate

All Actions (24)

Date Chamber
11/17/1988Became Public Law No: 100-679.
11/17/1988Signed by President.
11/07/1988SenatePresented to President.
11/07/1988SenateMeasure Signed in Senate.
10/20/1988HouseHouse Agreed to Senate Amendments by Unanimous Consent.
10/19/1988SenateMessage on Senate action sent to the House.
10/19/1988SenateSenate concurred in the House amendment with an amendment by Voice Vote.
10/19/1988SenateMeasure laid before Senate by unanimous consent.
10/19/1988SenateConference request vitiated by Voice Vote.
10/19/1988SenateS.Amdt.3744 Amendment SP 3744 agreed to in Senate by Voice Vote.
10/19/1988SenateS.Amdt.3744 Proposed by Senator Byrd for Senator Chiles. To amend the Office of Federal Procurement Policy Act to authorize appropriations for an additional four years, and for other purposes.
10/07/1988SenateSenate disagreed to House amendments, requested a conference and appointed conferees. Chiles; Glenn; Nunn; Bingaman; Levin; Roth; Rudman; Stevens; Cohen.
09/15/1988SenateMessage on House action received in Senate and held at desk: House amendments to Senate bill.
09/13/1988HouseHouse Incorporated H.R.3345 in This Measure as an Amendment.
09/13/1988HousePassed House (Amended) by Voice Vote.
09/13/1988HouseCalled up by House by Unanimous Consent.
08/11/1988SenatePassed Senate with amendments by Voice Vote.
08/11/1988SenateMeasure laid before Senate by unanimous consent.
08/11/1988SenateS.Amdt.2858 Amendment SP 2858 agreed to in Senate by Voice Vote.
08/11/1988SenateS.Amdt.2858 Proposed by Senator Byrd for Senator Chiles. To elevate the positions of Presidential appointees within the Office of Management and Budget.
07/08/1988SenatePlaced on Senate Legislative Calendar under General Orders. Calendar No. 796.
07/08/1988SenateCommittee on Governmental Affairs. Reported to Senate by Senator Glenn with amendments. With written report No. 100-424.
04/14/1988SenateCommittee on Governmental Affairs. Ordered to be reported with amendments favorably.
03/24/1988SenateRead twice and referred to the Committee on Governmental Affairs.

Cosponsors (7)

* = Original cosponsor
CosponsorDate Cosponsored
Sen. Nunn, Sam [D-GA]* 03/24/1988
Sen. Levin, Carl [D-MI]* 03/24/1988
Sen. Bingaman, Jeff [D-NM]* 03/24/1988
Sen. Pryor, David H. [D-AR] 03/31/1988
Sen. Cohen, William S. [R-ME] 04/25/1988
Sen. Roth Jr., William V. [R-DE] 04/25/1988
Sen. Glenn, John H., Jr. [D-OH] 08/11/1988

Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
Senate Governmental Affairs03/24/1988 Referred to
04/14/1988 Markup by
07/08/1988 Reported by S.Rept 100-424

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Latest Summary (5)

There are 5 summaries for S.2215. View summaries

Shown Here:
Senate agreed to House amendment with amendment (10/19/1988)

(Senate agreed to House amendment with an amendment)

Office of Federal Procurement Policy Act Amendments of 1988 - Amends the Office of Federal Procurement Policy Act to provide that the Federal Acquisition Regulatory Council (established by this Act) shall implement policies, regulations, procedures, and forms relating to procurement and procurement systems as such functions are prescribed by the Administrator for Federal Procurement Policy (Administrator). Requires the Administrator to prescribe Government-wide regulations, procedures, and forms when the Council is unable to agree on such regulations, procedures, and forms in a timely manner.

Requires the Administrator to recommend to the Administrator of General Services: (1) a sufficient budget for the activities of the Federal Procurement Data System and the activities of the Federal Acquisition Institute; and (2) methods to ensure executive agency compliance with procurement and record-keeping requirements.

Provides permanent authorization of appropriations for the Office of Federal Procurement Policy.

Establishes the Federal Acquisition Regulatory Council to assist in the direction and coordination of procurement policy and procurement regulatory activities. Provides that the Council shall consist of the Administrator, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and the Administrator of General Services.

Directs the Council to issue and maintain a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation. Declares that any other procurement regulations shall be limited to additional policies and procedures designed to satisfy the specific needs of an agency.

Directs each Council member to: (1) approve or disapprove proposed and final regulations of the member's department or agency relating to procurement before such regulations may become effective; (2) carry out the responsibilities for information collection requests relating to procurement; and (3) eliminate or reduce the levels of review in the procurement system of the member's department or agency.

Directs the Council to manage, control, coordinate, and monitor the maintenance of, and the issuance of changes in, the Federal Acquisition Regulation.

Directs the Administrator, with the concurrence and cooperation of the Council, to: (1) issue a report every six months relating to the development of procurement regulations by the General Services Administration, the Department of Defense, and the National Aeronautics and Space Administration; and (2) report to the Congress within 180 days after establishment of the Council regarding the extent of the paperwork burden created by the Federal procurement process, and the extent to which the Federal procurement system can reduce unnecessary paperwork while maintaining legitimate recordkeeping and reporting requirements to ensure the integrity of the system.

Establishes within the Office of Federal Procurement Policy an independent board to be known as the Cost Accounting Standards Board, which shall be chaired by the Administrator.

Provides that the Board has the exclusive authority to make, promulgate, amend, rescind, and enforce cost accounting standards and principles designed to achieve uniformity, consistency, and equity in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the United States. Declares that duly promulgated cost accounting standards and cost principles shall be mandatory for use by executive agencies and contractors and subcontractors in estimating, accumulating, and reporting costs in connection with pricing, administration, and settlement of negotiated prime contract and subcontract procurements in excess of $500,000, other than contracts where the price negotiated is based on: (1) established catalog or market prices of commercial items sold in substantial quantities to the public; or (2) prices set by law or regulation.

Authorizes the Board to exempt classes or categories of contractors or subcontractors from such regulations and to establish procedures to waive certain requirements.

Specifies procedures to be taken by the Council and the Board prior to promulgating rules, regulations, cost accounting standards, and cost principles.

Requires the Board to report to the Congress annually on its activities.

Authorizes appropriations.

Prohibits, during the conduct of any Federal agency procurement, a competing contractor or any officer, employee, representative, agent, or consultant of any competing contractor, from knowingly: (1) making, directly or indirectly, any offer or promise of future employment or business opportunity to, or engaging directly or indirectly in any discussion of future employment or business opportunity with, any procurement official of such agency; (2) offering, giving, or promising to offer or give, directly or indirectly, any money, gratuity, or other thing of value to any procurement official of such agency; or (3) soliciting or obtaining, directly or indirectly, from any officer or employee of such agency, prior to the award of a contract, any proprietary or source selection information regarding such procurement.

Prohibits, during the conduct or a Federal agency procurement, a procurement official of such agency from knowingly: (1) soliciting or accepting, directly or indirectly, any promise of future employment or business opportunity from, or engage directly or indirectly in any discussion of future employment or business opportunity with, any officer, employee, representative, agent, or consultant of a competing contractor; (2) asking for, demanding, exacting, soliciting, seeking, accepting, receiving, or agreeing to receive, directly or indirectly, any money, gratuity, or other thing of value from any officer, employee, representative, agent, or consultant of any competing contractor for such procurement; or (3) disclosing any proprietary or source selecting information regarding such procurement directly or indirectly to any person other than a person authorized by the head of such agency or the contracting officer to receive such information.

Prohibits, during the conduct of any Federal agency procurement, any person who is given authorized or unauthorized access to proprietary or source selection information regarding such procurement, from knowingly disclosing such information to any person other than a person authorized to receive such information.

Requires written certification to the contracting officer from the following persons that no violation of standards of conduct regarding Federal procurement has occurred: (1) the competing contractor, and each officer, employee, or representative of the contractor who has had any contact during the conduct of the procurement with any procurement official or employee of the agency who has any authority or responsibility with respect to such procurement; and (2) each procurement official and employee of such agency who has any authority or responsibility with respect to such procurement.

Makes it unlawful for any individual who, during the conduct of an agency procurement, was engaged as a procurement official or employee of such agency, and was involved personally in the conduct of such procurement, to participate in any manner, as an officer, employee, agent, or consultant to a competing contractor, in: (1) any negotiations leading to the award or modification of a contract for such procurement; or (2) the performance of such contract, during the two-year period beginning on the date such individual ceases to be a procurement official or employee of such agency.

Authorizes an agency, if it obtains information providing a reasonable basis to believe that a violation of integrity requirements has occurred, to: (1) terminate the procurement; (2) rescind or void a contract; (3) suspend the competing contractor; and (4) initiate a debarment proceeding.

Sets forth civil and criminal penalties for violations of this Act.

Requires the head of each Federal agency to establish a procurement ethics program for its procurement officials.

Directs the Administrator to conduct a study to develop a consistent methodology which executive agencies should use for measuring profits earned by Government contractors on procurements.

Amends the Federal Property and Administrative Services Act to expand the definition of architectural and engineering services.

Establishes the position of Advocate for the Acquisition of Commercial Products in the Office of Federal Procurement Policy. Directs the Advocate to: (1) review all proposed procurement regulations and report to the Administrator on whether such regulations will encourage or discourage the acquisition of commercial products by Federal agencies; (2) recommend to the Administrator which procurement regulations should be rescinded or modified to encourage the acquisition of commercial products; and (3) recommend methods of simplifying procurement regulations governing acquisition of commercial products.

Requires the Administrator, in consultation with the Comptroller General, to report to specified congressional committees on the extent to which the data collected by the Federal Procurement Data System is adequate for the management, oversight, and evaluation of Federal procurement.

Increases the pay levels of certain presidential appointees in the Office of Management and Budget.

Provides that travel expenses under government contracts with State institutions or nonprofit institutions for the conduct of federally sponsored research and related activities shall not exceed: (1) charges normally allowed by the institutions; and (2) limitations provided by government-wide regulation as established by the Director of the Office of Management and Budget.