B-226653, APR 9, 1987
Highlights
GENERAL COUNSEL CONCLUDES THAT BILL'S PROVISION EXEMPTING PROPOSED SOCIAL SECURITY AGENCY FROM THE BROOKS ACT IS INADVISABLE. EXEMPTION FROM THE BROOKS ACT (B-226653): THIS IS IN RESPONSE TO WILLIAM GERKENS' MEMO DATED FEBRUARY 10. THE MEMO WAS NOT RECEIVED BY MY STAFF UNTIL MARCH 31. PROVIDES THAT THE COMMISSIONER SHALL HAVE: "(B) ALL AUTHORITIES PERMITTED TO BE DELEGATED UNDER SECTION 111 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 (40 U.S.C. THE BROOKS ACT WAS INTENDED TO PROVIDE A COMPREHENSIVE FRAMEWORK FOR THE ACQUISITION AND MAINTENANCE OF ADP EQUIPMENT BY FEDERAL AGENCIES. WE BELIEVE THAT EXEMPTING THE SOCIAL SECURITY AGENCY FROM GSA'S AUTHORITY UNDER THE BROOKS ACT AS CONTEMPLATED BY S. 34 IS INADVISABLE UNLESS SPECIFIC CIRCUMSTANCES DEMONSTRATING THE NEED FOR SUCH AN EXCEPTION ARE SHOWN.
B-226653, APR 9, 1987
PROCUREMENT - SPECIAL PROCUREMENT METHODS/CATEGORIES - COMPUTER EQUIPMENT/SERVICES - FEDERAL PROCUREMENT REGULATIONS/LAWS - APPLICABILITY DIGEST: COMMENTING ON S. 34, SOCIAL SECURITY ADMINISTRATION REORGANIZATION ACT, GENERAL COUNSEL CONCLUDES THAT BILL'S PROVISION EXEMPTING PROPOSED SOCIAL SECURITY AGENCY FROM THE BROOKS ACT IS INADVISABLE, SINCE IT DETRACTS FROM THE BROOKS ACT'S GOAL OF CENTRALIZING AUTHORITY FOR AUTOMATED DATA PROCESSING EQUIPMENT ACQUISITIONS IN THE GENERAL SERVICES ADMINISTRATION.
S. 34-- SOCIAL SECURITY ADMINISTRATION REORGANIZATION ACT-- EXEMPTION FROM THE BROOKS ACT (B-226653):
THIS IS IN RESPONSE TO WILLIAM GERKENS' MEMO DATED FEBRUARY 10, 1987, REQUESTING OUR VIEWS REGARDING WHETHER S. 34, THE PROPOSED SOCIAL SECURITY ADMINISTRATION REORGANIZATION ACT, WOULD EXEMPT THE SOCIAL SECURITY AGENCY CREATED BY THE BILL FROM THE BROOKS ACT PROVISIONS FOR ACQUISITION OF AUTOMATED DATA PROCESSING (ADP) EQUIPMENT AND SERVICES. WE REGRET THE DELAY IN RESPONDING; HOWEVER, THE MEMO WAS NOT RECEIVED BY MY STAFF UNTIL MARCH 31.
S. 34 WOULD ESTABLISH AN INDEPENDENT SOCIAL SECURITY AGENCY TO OVERSEE VARIOUS SOCIAL SECURITY PROGRAMS. SECTION 3 OF THE BILL, AMENDING SECTION 702 OF THE CURRENT SOCIAL SECURITY ACT, CALLS FOR THE APPOINTMENT OF A COMMISSIONER OF SOCIAL SECURITY AS THE CHIEF OPERATING OFFICER IN CHARGE OF ADMINISTERING THE AGENCY. UNDER THE BROOKS ACT, 40 U.S.C. SEC. 759 (SUPP. III 1985), AS AMENDED BY PUB.L. NO. 99-591, SEC. 822, 100 STAT. 3341 1986, THE GENERAL SERVICES ADMINISTRATION (GSA) HAS CENTRAL AUTHORITY FOR THE PROCUREMENT, MAINTENANCE, OPERATION AND UTILIZATION OF ADP EQUIPMENT AND SERVICES. S. 34 WOULD REMOVE THE SOCIAL SECURITY AGENCY FROM GSA'S AUTHORITY UNDER THE BROOKS ACT, HOWEVER, AND INSTEAD WOULD GRANT THE COMMISSIONER FULL INDEPENDENT AUTHORITY FOR THE AGENCY'S ADP ACQUISITIONS. SPECIFICALLY, SECTION 6 OF S. 34, AMENDING SECTION 703 OF THE SOCIAL SECURITY ACT, PROVIDES THAT THE COMMISSIONER SHALL HAVE:
"(B) ALL AUTHORITIES PERMITTED TO BE DELEGATED UNDER SECTION 111 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 (40 U.S.C. SEC. 759), RELATING TO THE LEASE, PURCHASE, OR MAINTENANCE OF AUTOMATED DATA PROCESSING EQUIPMENT, AND
"(C) THE AUTHORITY TO CONTRACT FOR ANY AUTOMATED DATA PROCESSING EQUIPMENT OR SERVICES WHICH THE COMMISSIONER CONSIDERS NECESSARY FOR THE EFFICIENT AND EFFECTIVE OPERATION OF SUCH PROGRAMS."
THE BROOKS ACT WAS INTENDED TO PROVIDE A COMPREHENSIVE FRAMEWORK FOR THE ACQUISITION AND MAINTENANCE OF ADP EQUIPMENT BY FEDERAL AGENCIES. SEE 51 COMP.GEN. 457, 460 (1972). PROVISIONS LIKE SECTION 6 OF S. 34 WHICH CREATE EXCEPTIONS TO GSA'S CENTRAL AUTHORITY CLEARLY DETRACT FROM THAT GOAL. AS A RESULT, WE BELIEVE THAT EXEMPTING THE SOCIAL SECURITY AGENCY FROM GSA'S AUTHORITY UNDER THE BROOKS ACT AS CONTEMPLATED BY S. 34 IS INADVISABLE UNLESS SPECIFIC CIRCUMSTANCES DEMONSTRATING THE NEED FOR SUCH AN EXCEPTION ARE SHOWN.