B-218889, FEB 13, 1986
Highlights
SUBCOMMITTEE ON DEFENSE ACQUISITION POLICY COMMITTEE ON ARMED SERVICES UNITED STATES SENATE THIS IS IN RESPONSE TO YOUR REQUEST OF APRIL 29. INDICATING THAT IT HAS BEEN SUGGESTED TO YOU THAT THERE ARE A LARGE NUMBER OF CONFLICTING AND OVERLAPPING LAWS RELATING TO DEFENSE PROCUREMENT AND ASKING WHETHER IT WOULD BE PRODUCTIVE TO CODIFY SUCH LAWS TO BETTER ENABLE THE CONGRESS TO DETERMINE THE NEED TO REPEAL OR MODIFY SUCH LAWS. WE NOTE IN THIS REGARD THAT SOME STEPS HAVE BEEN TAKEN TOWARD ADDRESSING THE PROBLEM IDENTIFIED. THE GENERAL SERVICES ADMINISTRATION AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION HAVE JOINTLY PROMULGATED AND ISSUED THE FEDERAL ACQUISITION REGULATION TO REDUCE UNNECESSARY CONFLICTS OR DIFFERENCES AMONG THE MAJOR PROCUREMENT SYSTEMS ADOPTED PURSUANT TO LAW BY THESE THREE AGENCIES.
B-218889, FEB 13, 1986
OFFICE OF FEDERAL PROCUREMENT POLICY - JURISDICTION - POLICY FORMULATION - PROCUREMENT MATTERS - STATUTORY CHANGES - IMPLEMENTATION DIGEST: THE OFFICE OF FEDERAL PROCUREMENT POLICY WOULD BE THE APPROPRIATE AGENCY TO WORK ON A CODIFICATION OF LAWS RELATING TO DEFENSE PROCUREMENT IN VIEW OF ITS STATUTORY AUTHORITY CONCERNING CONSOLIDATION OF PROCUREMENT SYSTEMS AND ITS EARLIER LEGISLATIVE PROPOSAL IN THIS REGARD.
THE HONORABLE DAN QUAYLE:
CHAIRMAN, SUBCOMMITTEE ON DEFENSE ACQUISITION POLICY
COMMITTEE ON ARMED SERVICES
UNITED STATES SENATE
THIS IS IN RESPONSE TO YOUR REQUEST OF APRIL 29, 1985, INDICATING THAT IT HAS BEEN SUGGESTED TO YOU THAT THERE ARE A LARGE NUMBER OF CONFLICTING AND OVERLAPPING LAWS RELATING TO DEFENSE PROCUREMENT AND ASKING WHETHER IT WOULD BE PRODUCTIVE TO CODIFY SUCH LAWS TO BETTER ENABLE THE CONGRESS TO DETERMINE THE NEED TO REPEAL OR MODIFY SUCH LAWS. YOU ALSO REQUEST OUR VIEWS AS TO THE APPROPRIATE AGENCY TO WORK ON SUCH A CODIFICATION.
CERTAINLY, SOME FORM OF COMPILATION OR CODIFICATION OF ALL THE LAWS RELATING TO DEFENSE PROCUREMENT COULD SERVE TO FOCUS ATTENTION ON ANY CONFLICTS OR DUPLICATIONS THAT MIGHT EXIST, AND THEREBY ENABLE THE CONGRESS TO DETERMINE THE NEED TO REPEAL OR MODIFY SUCH LAWS. WE NOTE IN THIS REGARD THAT SOME STEPS HAVE BEEN TAKEN TOWARD ADDRESSING THE PROBLEM IDENTIFIED. AT THE REGULATORY LEVEL, THE DEPARTMENT OF DEFENSE, THE GENERAL SERVICES ADMINISTRATION AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION HAVE JOINTLY PROMULGATED AND ISSUED THE FEDERAL ACQUISITION REGULATION TO REDUCE UNNECESSARY CONFLICTS OR DIFFERENCES AMONG THE MAJOR PROCUREMENT SYSTEMS ADOPTED PURSUANT TO LAW BY THESE THREE AGENCIES.
FURTHERMORE, THE OFFICE OF FEDERAL PROCUREMENT POLICY HAS BEEN SPECIFICALLY ASSIGNED THE TASK OF DEVELOPING A UNIFORM PROCUREMENT SYSTEM AND SUBMITTING TO THE CONGRESS NECESSARY LEGISLATIVE RECOMMENDATIONS TO IMPLEMENT THE SYSTEM. AMONG OTHER THINGS, THE SYSTEM IS INTENDED TO ELIMINATE DUPLICATION AND INCONSISTENCIES IN PROCUREMENT LAWS. SEE THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT, AS AMENDED (41 U.S.C. SECS. 401, 405 AND 407 (1982)). AN OFPP PROPOSAL SUBMITTED TO CONGRESS IN FEBRUARY 1982 CALLED FOR "DUAL CONFORMING STATUTES"-- ONE PROCUREMENT SYSTEM FOR THE DEFENSE DEPARTMENT AND ONE PROCUREMENT SYSTEM FOR THE REST OF THE GOVERNMENT. SEE H.R. REP. NO. 98-146, 98TH CONG., 1ST SESS., 5 (1983). OFPP'S LEGISLATIVE PROPOSAL WOULD PROVIDE A STARTING POINT FOR EFFORTS TO IDENTIFY AND ELIMINATE DUPLICATION OR CONFLICTS IN LAWS RELATING TO DEFENSE PROCUREMENTS.
IN VIEW OF OFPP'S EARLIER LEGISLATIVE PROPOSAL AND ITS STATUTORY AUTHORITY CONCERNING CONSOLIDATION OF PROCUREMENT SYSTEMS TO ELIMINATE DUPLICATION AND INCONSISTENCIES, FURTHER CODIFICATION EFFORTS WOULD APPEAR TO BE WITHIN OFPP'S JURISDICTION.
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