Summary: S.2621 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for S.2621. Bill summaries are authored by CRS.

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Introduced in Senate (07/08/1988)

Department of Defense Procurement Improvements Act of 1988 - Revises the responsibilities of the Under Secretary of Defense for Acquisition (the Under Secretary) to include the following: (1) the centralized procurement of all property and services within the Department of Defense (DOD); (2) the establishment and implementation of procurement policies for DOD; (3) all contract administration functions within DOD; and (4) the supervision, direction, and control of all competition advocates within DOD. Provides limited authority to the Under Secretary to delegate such responsibilities.

Provides that the following functions shall come under the Office of the Under Secretary: (1) all DOD functions relating to the procurement of property and services; (2) all functions of the Defense Acquisition Regulation Council and the Defense Logistics Agency; and (3) all functions of Small and Disadvantaged Business Utilization for the Department of Defense.

Directs the Secretary of Defense to appoint the Senior Acquisition Executive of each military department by and with the advice and consent of the Senate. Requires each such Executive to report directly to the Under Secretary. Directs the Under Secretary to consult with the Inspector General of DOD when carrying out his or her contract audit responsibilities.

Prohibits a contract from being entered into for the full-scale development of a major defense system or the procurement of a major system unless the Under Secretary has reviewed and approved the contract.

Requires the Director of Operational Test and Evaluation to report directly to the Under Secretary. (Currently, the Director reports directly to the Secretary of Defense.)

Directs each advocate for competition within a military department or a defense agency to transmit to the Under Secretary a report describing his or her activities during the preceding year.

Places all DOD responsibilities regarding the cataloging and standardization of defense supplies in the hands of the Under Secretary (currently, such duties are the responsibilities of the Secretary).

Makes it unlawful during the conduct of any DOD procurement of property or services: (1) for any officer, employee, or representative of any competing contractor or any consultant retained by that contractor to make an offer of future employment or business opportunity to any procurement official or employee of DOD; (2) for any such contractor officer, employee, or representative to give or promise to give any money or other thing of value to any such DOD official or employee; (3) for any such DOD employee or official to ask for any money or other thing of value from such contractor employee, official, or representative; (4) for any DOD procurement official or employee to knowingly disclose to any such contractor employee, official, or representative any confidential material or data or other information the disclosure of which would give such person an unfair competitive advantage with respect to that procurement; or (5) for any officer, employee, or representative of any competing contractor or consultant to solicit or obtain corruptly from any government official any such information.

Prohibits DOD from awarding any contract for the procurement of any property or services to any competing contractor unless: (1) the officer, employee, or representative of the competing contractor who signs the bid or proposal certifies that he or she does not know of any unlawful conduct in connection with such contract and that each procurement officer, employee, and representative has signed an agreement not to conduct unlawful procurement activity; and (2) each DOD official and employee who has participated in the procurement certifies that neither the competing contractor nor the official or employee has engaged in misconduct in the carrying out of such contract. Requires the contracting officer responsible for the conduct of a procurement to maintain records of such certifications.

Makes it unlawful for any individual who was engaged in a procurement as an official or employee of DOD to: (1) participate in any manner as an agent or consultant to a contractor in any negotiation leading to the award, modification, or extension of a contract for such procurement; or (2) to participate personally and substantially in the performance of the contract for two years after such individual ceases to be a procurement official or employee of DOD.

Provides that any individual who is or was a contracting officer and who is found to have engaged in misconduct that is unlawful under this Act shall be ineligible for any future service as a Government contracting officer.

Provides that, if an officer, employee, or representative of a competing contractor engages in misconduct that is unlawful under this Act, the Secretary shall: (1) determine whether the contractor's right to proceed under the contract should be terminated; and (2) initiate a debarment proceeding and determine the present responsibility of the contractor with respect to awards of other Government contracts. Requires such debarment procedures to be conducted by the Armed Services Board of Contract Appeals. Outlines procedures for debarment proceedings. Makes Board decisions final unless properly appealed within 60 days of the date of decision. Provides that, upon issuance of a final decision recommending debarment of a contractor, such contractor shall be ineligible for award of any contract and for participation in any future procurement for up to five years.