Summary: S.1957 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/27/1990)

Nondevelopmental Items Acquisition Act of 1990 - Amends the Federal Property and Administrative Services Act of 1949 to require the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy (OFPP) Act to ensure that: (1) supply procurement requirements of executive agencies are stated in terms of functions to be performed, performance required, or essential physical characteristics; (2) such requirements are defined so that nondevelopmental items (NDIs) (commercial items already available in the marketplace) may be procured to fulfill such requirements; (3) such requirements are fulfilled through the procurement of NDIs where practicable; and (4) prior to developing new specifications, executive agencies conduct market research to determine whether NDIs are available or could be modified to meet agency needs.

Prohibits certain foreign-manufactured goods from being granted a preference in Federal procurement.

Requires the Federal Acquisition Regulation to provide for simplified contracting procedures for such commercial items. Specifies that such items must be items which are sold or traded to the general public in significant quantities in the course of normal business operations. Includes items which require only minor modifications to meet the needs of the procuring agency. Allows the Department of Defense to use procedures under the National Defense Authorization Act for FY 1990 and 1991 in lieu of such simplified contracting procedures.

Requires the Federal Acquisition Regulation to require that: (1) the inspection clause included in each executive agency contract for the acquisition of commercial items takes into account the contractor's past performance and any warranties the contractor may offer to the Government; and (2) Federal agencies take advantage of warranties offered by commercial contractors and use such warranties for the repair and replacement of commercial items.

Requires the Federal Acquisition Regulation to: (1) direct agencies to require offerors to demonstrate that products being offered are suitable for agency use and meet required product specifications; and (2) provide guidance to agencies on the use of past performance of products and sources as a factor in award decisions.

Requires the Administrator of OFPP to issue guidelines for executive agency training of personnel in the acquisition of NDIs.

Amends the OFPP Act to make the advocate for competition for each procuring activity responsible for: (1) promoting full and open competition; (2) acquiring NDIs; and (3) challenging barriers to such acquisition.

Directs the Comptroller General to report to specified congressional committees on the use of market research in support of procurement of NDIs.

Makes mandatory the use of procurement known as "FTS2000" for telecommunications services unless agencies demonstrate to the General Services Administration that their procurement is cost-effective and cannot be satisfied under an FTS2000 contract.