Federal Regulations Need To Be Revised To Fully Realize the Purposes of the Competition in Contracting Act of 1984

Highlights

In response to a congressional request, GAO reviewed whether the changes made to various federal regulations conformed with the Competition in Contracting Act of 1984, and obtained information on how many agencies have issued their own acquisition regulations and how many have revised them based on the act.

Recommendations

Recommendations for Executive Action

Agency Affected	Recommendation	Status Sort descending
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 10.002(b) to provide that, whenever practical, agencies should tell contractors what the government needs in functional terms.	Closed – Implemented FAR 10.002(b) was revised in FAC-84-13 to adopt this recommendation.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that follow-on contracts may be deemed to be available from only the original source and may be procured through procedures other than competitive procedures only when the follow-on contract is for the continued development or production of a major system or highly specialized equipment, and it is likely that award to a source other than the original source would result in: (1) substantial duplication of cost to the government which is not expected to be recovered through competition; or (2) unacceptable delays in fulfilling the executive agency's needs.	Closed – Implemented OFPP agreed with this recommendation and published the changes in FAC-84-13.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 502(a)(7) to provide that a notice is not required if the proposed procurement would result from acceptance of any unsolicited proposal that demonstrates a unique and innovative research concept, and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal.	Closed – Implemented OFPP agreed with this recommendation and made appropriate changes to the FAR in FAC-84-13.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 4.6, or the Federal Procurement Data System reporting manual to which it refers should be revised, to incorporate the requirements of section 19 of the Office of Federal Procurement Policy Act, which were added by section 2732(a) of the competition act. These requirements: (1) specify the information that executive agencies are required to collect and transmit to the Federal Procurement Data System; and (2) provide for a 5-year retention period.	Closed – Implemented FAR subpart 4.6 was revised in FAC-84-13 to adopt this recommendation.
General Services Administration	The Administrator of General Services should take action to promptly resolve the problem of FIRMR references to FAR provisions that are inconsistent with the act, as discussed in chapter 2 of this report.	Closed – Implemented FIRMR references to FAR were revised in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 10.002(b) to provide that, whenever practical, agencies should tell contractors what the government needs in functional terms.	Closed – Implemented FAR 10.002(b) was revised in FAC-84-13 to adopt this recommendation.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that follow-on contracts may be deemed to be available from only the original source and may be procured through procedures other than competitive procedures only when the follow-on contract is for the continued development or production of a major system or highly specialized equipment, and it is likely that award to a source other than the original source would result in: (1) substantial duplication of cost to the government which is not expected to be recovered through competition; or (2) unacceptable delays in fulfilling the executive agency's needs.	Closed – Implemented GSA agreed with the recommendation and published the changes in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 502(a)(7) to provide that a notice is not required if the proposed procurement would result from acceptance of any unsolicited proposal that demonstrates a unique and innovative research concept, and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal.	Closed – Implemented GSA agreed with this recommendation and made appropriate changes to FAR in FAC-84-13.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 4.6, or the Federal Procurement Data System reporting manual to which it refers should be revised, to incorporate the requirements of section 19 of the Office of Federal Procurement Policy Act, which were added by section 2732(a) of the competition act. These requirements: (1) specify the information that executive agencies are required to collect and transmit to the Federal Procurement Data System; and (2) provide for a 5-year retention period.	Closed – Implemented FAR subpart 4.6 was revised in FAC-84-13 to adopt this recommendation.
General Services Administration	The Administrator of General Services should revise FIRMR to state that follow-on contracts should not be used to perpetuate any contract that involves obsolete or outmoded facilities, systems, or processes.	Closed – Implemented GSA published a FIRMR amendment in March 1986, now located in title XI, 201-11.002-2, which satisfies this recommendation.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(1) so that the exception to the requirements to publicize proposed contract actions in the Commerce Business Daily is narrower and conforms to statutory requirements. That is, a notice should not be required if the notice would disclose the agency's needs and the disclosure of such needs would compromise national security. FAR should also be revised to require each contracting agency to establish procedures for: (1) determining whether the disclosure of particular classified information in such notices would compromise national security; and (2) taking the steps necessary to have the information properly declassified before its disclosure.	Closed – Implemented DOD did not fully agree with this recommendation, but it partially revised the FAR in FAC-84-13.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.1001(a) to require notice to unsuccessful offerers in all situations where contracts are awarded based on competitive proposals.	Closed – Implemented FAR 15.1001(a) was amended in FAC-84-13 to adopt this recommendation.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that follow-on contracts may be deemed to be available from only the original source and may be procured through procedures other than competitive procedures only when the follow-on contract is for the continued development or production of a major system or highly specialized equipment, and it is likely that award to a source other than the original source would result in: (1) substantial duplication of cost to the government which is not expected to be recovered through competition; or (2) unacceptable delays in fulfilling the executive agency's needs.	Closed – Implemented NASA agreed with this recommendation and published the changes in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 502(a)(7) to provide that a notice is not required if the proposed procurement would result from acceptance of any unsolicited proposal that demonstrates a unique and innovative research concept, and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal.	Closed – Implemented NASA agreed with this recommendation and made appropriate changes to the FAR in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 4.6, or the Federal Procurement Data System reporting manual to which it refers should be revised, to incorporate the requirements of section 19 of the Office of Federal Procurement Policy Act, which were added by section 2732(a) of the competition act. These requirements: (1) specify the information that executive agencies are required to collect and transmit to the Federal Procurement Data System; and (2) provide for a 5-year retention period.	Closed – Implemented FAR subpart 4.6 was revised in FAC-84-13 to adopt this recommendation.
General Services Administration	The Administrator of General Services should revise FIRMR to require: (1) the use of brand-name-or-equal purchase descriptions to be justified as restrictive specifications; and (2) agencies to install effective management procedures or controls to ensure that use of the more restrictive types of specifications, such as compatibility-limited and brand-name-or-equal, does not unnecessarily restrict competition.	Closed – Implemented This recommendation was enacted into law, P.L. 99-445, and implemented by GSA on July 1, 1985, by amendment 4, now located in title 41, 201-11.002-1.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(1) so that the exception to the requirements to publicize proposed contract actions in the Commerce Business Daily is narrower and conforms to statutory requirements. That is, a notice should not be required if the notice would disclose the agency's needs and the disclosure of such needs would compromise national security. FAR should also be revised to require each contracting agency to establish procedures for: (1) determining whether the disclosure of particular classified information in such notices would compromise national security; and (2) taking the steps necessary to have the information properly declassified before its disclosure.	Closed – Implemented OFPP did not fully agree with this recommendation, but it partially revised the FAR in FAC-84-13.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.1001(a) to require notice to unsuccessful offerers in all situations where contracts are awarded based on competitive proposals.	Closed – Implemented FAR 15.1001(a) was amended by FAC-84-13 to adopt this recommendation.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.201(b) and 5.205(c)(2) to delete the current exemptions from publicizing proposed contract actions that are to be made outside the United States, its possessions, and Puerto Rico.	Closed – Implemented The FAR was revised in FAC-84-13 to clarify the specific overseas situations when a synopsis is not required.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 4.6, or the Federal Procurement Data System reporting manual to which it refers should be revised, to incorporate the requirements of section 19 of the Office of Federal Procurement Policy Act, which were added by section 2732(a) of the competition act. These requirements: (1) specify the information that executive agencies are required to collect and transmit to the Federal Procurement Data System; and (2) provide for a 5-year retention period.	Closed – Implemented FAR subpart 4.6 was revised in FAC-84-13 to adopt this recommendation.
U.S. Agency for International Development	The Administrator of the Agency for International Development (AID) should revise AID Acquisition Regulation 715.613-70 and 71 to remove the restrictions to full and open competition for all acquisitions other than those specifically authorized by statute and bring the regulations into conformity with the competition act.	Closed – Implemented AID officials are considering repealing the agency's alternative source selection procedures, but have not done so yet. AIDAR was not revised, and probably will not be in the near future.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(1) so that the exception to the requirements to publicize proposed contract actions in the Commerce Business Daily is narrower and conforms to statutory requirements. That is, a notice should not be required if the notice would disclose the agency's needs and the disclosure of such needs would compromise national security. FAR should also be revised to require each contracting agency to establish procedures for: (1) determining whether the disclosure of particular classified information in such notices would compromise national security; and (2) taking the steps necessary to have the information properly declassified before its disclosure.	Closed – Implemented GSA did not fully agree with this recommendation, but partially revised FAR in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.1001(a) to require notice to unsuccessful offerers in all situations where contracts are awarded based on competitive proposals.	Closed – Implemented FAR 15.1001(a) was amended in FAC-84-13 to adopt this recommendation.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.201(b) and 5.205(c)(2) to delete the current exemptions from publicizing proposed contract actions that are to be made outside the United States, its possessions, and Puerto Rico.	Closed – Implemented The FAR was revised in FAC-84-13 to clarify the specific overseas situations when a synopsis is not required.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303-1(c) to preclude justifications under the first six exceptions to full and open competition from being made on a class basis. Also, FAR 6.304(c), which states requirements relating to class justifications, should be deleted.	Closed – Implemented DOD did not agree with GAO, but it partially corrected the FAR in FAC-84-13.
Department of Health and Human Services	The Secretaries of the Interior, Health and Human Services, and the Treasury should direct appropriate officials in the Bureau of Indian Affairs, the Public Health Service (PHS), and the Bureau of Engraving and Printing, respectively, to take prompt action to either revise the subagency acquisition regulations to conform to the competition act or rescind them.	Closed – Implemented PHS published revised subagency regulations in the Federal Register on June 5, 1986.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(1) so that the exception to the requirements to publicize proposed contract actions in the Commerce Business Daily is narrower and conforms to statutory requirements. That is, a notice should not be required if the notice would disclose the agency's needs and the disclosure of such needs would compromise national security. FAR should also be revised to require each contracting agency to establish procedures for: (1) determining whether the disclosure of particular classified information in such notices would compromise national security; and (2) taking the steps necessary to have the information properly declassified before its disclosure.	Closed – Implemented NASA did not fully agree with this recommendation, but it partially revised the FAR in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.1001(a) to require notice to unsuccessful offerers in all situations where contracts are awarded based on competitive proposals.	Closed – Implemented FAR 15.1001(a) was amended by FAC-84-13 to adopt this recommendation.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.201(b) and 5.205(c)(2) to delete the current exemptions from publicizing proposed contract actions that are to be made outside the United States, its possessions, and Puerto Rico.	Closed – Implemented FAR was revised in FAC-84-13 to clarify the specific overseas situations when a synopsis is not required.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303-1(c) to preclude justifications under the first six exceptions to full and open competition from being made on a class basis. Also, FAR 6.304(c), which states requirements relating to class justifications, should be deleted.	Closed – Implemented OFPP did not agree with this recommendation, but it partially corrected the FAR in FAC-84-13.
Department of the Interior	The Secretaries of the Interior, Health and Human Services, and the Treasury should direct appropriate officials in the Bureau of Indian Affairs, the Public Health Service (PHS), and the Bureau of Engraving and Printing, respectively, to take prompt action to either revise the subagency acquisition regulations to conform to the competition act or rescind them.	Closed – Implemented GAO has no information on the actions taken in response to this recommendation.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(5) to provide that a notice is not required if the procurement is for utility services, other than telecommunication services, and only one source is available.	Closed – Implemented DOD agreed with this recommendation and made appropriate changes to the FAR in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.201(b) and 5.205(c)(2) to delete the current exemptions from publicizing proposed contract actions that are to be made outside the United States, its possessions, and Puerto Rico.	Closed – Implemented The FAR was revised in FAC-84-13 to clarify the specific overseas situations when a synopsis is not required.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303-1(c) to preclude justifications under the first six exceptions to full and open competition from being made on a class basis. Also, FAR 6.304(c), which states requirements relating to class justifications, should be deleted.	Closed – Implemented GSA did not agree with GAO, but it partially corrected FAR in FAC-84-13.
Department of the Treasury	The Secretaries of the Interior, Health and Human Services, and the Treasury should direct appropriate officials in the Bureau of Indian Affairs, the Public Health Service (PHS), and the Bureau of Engraving and Printing, respectively, to take prompt action to either revise the subagency acquisition regulations to conform to the competition act or rescind them.	Closed – Implemented Treasury revised the circular to conform with the act.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(5) to provide that a notice is not required if the procurement is for utility services, other than telecommunication services, and only one source is available.	Closed – Implemented OFPP agreed with this recommendation and made appropriate changes to the FAR in FAC-84-13.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(b)(4), which relates to limited rights in data, patent rights, copyrights, and other circumstances, to also require that "no other type of supplies or services will satisfy agency requirements."	Closed – Implemented The FAR was revised and published in FAC-84-13.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.07 to require notices of proposed contract actions to also state whether an offerer must meet a qualification requirement to be eligible for award.	Closed – Implemented The FAR was revised in FAC-84-13 to reflect this recommendation.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303-1(c) to preclude justifications under the first six exceptions to full and open competition from being made on a class basis. Also, FAR 6.304(c), which states requirements relating to class justifications, should be deleted.	Closed – Implemented NASA did not agree with this recommendation, but it partially corrected the FAR in FAC-84-13.
Department of Defense	The Secretary of Defense and the Administrators of General Services, the National Aeronautics and Space Administration (NASA), and the Office of Federal Procurement Policy (OFPP) should amend FAR 6.302-1 to provide that contracts based on acceptance of unsolicited proposals may be considered to be "available from only one source" only if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept the substance of which: (1) is not otherwise available to the United States; and (2) does not resemble the substance of a pending competitive procurement. FAR 6.302-1 should also provide that this authority is strictly limited to state of the art proposals which represent advanced scientific knowledge and, even under the conditions cited above, agencies should seek proposals, wherever possible, from competing researchers to ensure that the best proposal available is selected.	Closed – Implemented The Department of Defense (DOD) agreed with most of the recommendation, but disagreed with the interpretation of congressional intent. Changes were published in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, the National Aeronautics and Space Administration (NASA), and the Office of Federal Procurement Policy (OFPP) should amend FAR 6.302-1 to provide that contracts based on acceptance of unsolicited proposals may be considered to be "available from only one source" only if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept the substance of which: (1) is not otherwise available to the United States; and (2) does not resemble the substance of a pending competitive procurement. FAR 6.302-1 should also provide that this authority is strictly limited to state of the art proposals which represent advanced scientific knowledge and, even under the conditions cited above, agencies should seek proposals, wherever possible, from competing researchers to ensure that the best proposal available is selected.	Closed – Implemented GSA agreed with most of the recommendation, but disagreed with the interpretation of congressional intent. Changes were published in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(5) to provide that a notice is not required if the procurement is for utility services, other than telecommunication services, and only one source is available.	Closed – Implemented GSA agreed with this recommendation and made appropriate changes to FAR in FAC-84-13.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(b)(4), which relates to limited rights in data, patent rights, copyrights, and other circumstances, to also require that "no other type of supplies or services will satisfy agency requirements."	Closed – Implemented The FAR was revised and published in FAC-84-13.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.07 to require notices of proposed contract actions to also state whether an offerer must meet a qualification requirement to be eligible for award.	Closed – Implemented The FAR was revised in FAC-84-13 to reflect this recommendation.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 10.002(b) to provide that, whenever practical, agencies should tell contractors what the government needs in functional terms.	Closed – Implemented FAR 10.002(b) was revised in FAC-84-13 to adopt this recommendation.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, the National Aeronautics and Space Administration (NASA), and the Office of Federal Procurement Policy (OFPP) should amend FAR 6.302-1 to provide that contracts based on acceptance of unsolicited proposals may be considered to be "available from only one source" only if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept the substance of which: (1) is not otherwise available to the United States; and (2) does not resemble the substance of a pending competitive procurement. FAR 6.302-1 should also provide that this authority is strictly limited to state of the art proposals which represent advanced scientific knowledge and, even under the conditions cited above, agencies should seek proposals, wherever possible, from competing researchers to ensure that the best proposal available is selected.	Closed – Implemented OFPP agreed with most of this recommendation but disagreed with the interpretation of congressional intent. Changes were published in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, the National Aeronautics and Space Administration (NASA), and the Office of Federal Procurement Policy (OFPP) should amend FAR 6.302-1 to provide that contracts based on acceptance of unsolicited proposals may be considered to be "available from only one source" only if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept the substance of which: (1) is not otherwise available to the United States; and (2) does not resemble the substance of a pending competitive procurement. FAR 6.302-1 should also provide that this authority is strictly limited to state of the art proposals which represent advanced scientific knowledge and, even under the conditions cited above, agencies should seek proposals, wherever possible, from competing researchers to ensure that the best proposal available is selected.	Closed – Implemented NASA agreed with most of this recommendation, but disagreed with the interpretation of congressional intent. Changes were published in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.202(a)(5) to provide that a notice is not required if the procurement is for utility services, other than telecommunication services, and only one source is available.	Closed – Implemented NASA agreed with this recommendation and made appropriate changes to the FAR in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(b)(4), which relates to limited rights in data, patent rights, copyrights, and other circumstances, to also require that "no other type of supplies or services will satisfy agency requirements."	Closed – Implemented The FAR was revised and published in FAC-84-13.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.07 to require notices of proposed contract actions to also state whether an offerer must meet a qualification requirement to be eligible for award.	Closed – Implemented FAR was revised in FAC-84-13 to reflect this recommendation.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 10.002(b) to provide that, whenever practical, agencies should tell contractors what the government needs in functional terms.	Closed – Implemented FAR 10.002(b) was revised in FAC-84-13 to adopt this recommendation.
Government-Wide	The Secretaries of Agriculture, Health and Human Services, Housing and Urban Development, Labor, State, Transportation, and the Interior, and the heads of the Department of Justice, Federal Emergency Management Agency, International Trade Commission, National Science Foundation, U.S. Information Agency (USIA), and the Veterans Administration should take prompt action to revise their acquisition regulations to conform to the competition act.	Closed – Implemented USIA did not revise its acquisition regulations, but implemented actions and issued instructions detailing CICA requirements. Two other agencies, the Departments of Transportation and State, are in final stages of revising their regulations.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that follow-on contracts may be deemed to be available from only the original source and may be procured through procedures other than competitive procedures only when the follow-on contract is for the continued development or production of a major system or highly specialized equipment, and it is likely that award to a source other than the original source would result in: (1) substantial duplication of cost to the government which is not expected to be recovered through competition; or (2) unacceptable delays in fulfilling the executive agency's needs.	Closed – Implemented DOD agreed with the recommendation and published the changes in FAC-84-13.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 502(a)(7) to provide that a notice is not required if the proposed procurement would result from acceptance of any unsolicited proposal that demonstrates a unique and innovative research concept, and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal.	Closed – Implemented DOD agreed with this recommendation and made appropriate changes to the FAR in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(b)(4), which relates to limited rights in data, patent rights, copyrights, and other circumstances, to also require that "no other type of supplies or services will satisfy agency requirements."	Closed – Implemented The FAR was revised and published in FAC-84-13.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 5.07 to require notices of proposed contract actions to also state whether an offerer must meet a qualification requirement to be eligible for award.	Closed – Implemented The FAR was revised in FAC-84-13 to reflect this recommendation.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303 to require agencies acquiring goods and services from another agency's sole-source contract to justify the sole-source procurements themselves.	Closed – Not Implemented GSA did not agree with this recommendation. It believes that this requirement has already been covered.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(2) to provide more discretion to contracting officers to obtain certified cost or pricing data on awards under $100,000 when they decide it is necessary to ensure that prices are fair and reasonable. This includes permitting contracting officers to require certified cost or pricing data on awards of $25,000, or less.	Closed – Not Implemented OFPP disagreed with this recommendation. No further action is planned.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(c)(2) to provide guidance regarding what constitutes "considering" responses to the required Commerce Business Daily notices of proposed contract actions. The guidance should indicate that each response should be given sufficient consideration to make an informed judgment on whether the offerer might be capable of satisfying the government's need.	Closed – Not Implemented DOD did not concur with the interpretation of the conference report.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303 to require agencies acquiring goods and services from another agency's sole-source contract to justify the sole-source procurements themselves.	Closed – Not Implemented NASA did not agree with this recommendation. It believes that this requirement was already covered.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(2) to provide more discretion to contracting officers to obtain certified cost or pricing data on awards under $100,000 when they decide it is necessary to ensure that prices are fair and reasonable. This includes permitting contracting officers to require certified cost or pricing data on awards of $25,000, or less.	Closed – Not Implemented GSA disagreed with this recommendation and plans no further action.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(c)(2) to provide guidance regarding what constitutes "considering" responses to the required Commerce Business Daily notices of proposed contract actions. The guidance should indicate that each response should be given sufficient consideration to make an informed judgment on whether the offerer might be capable of satisfying the government's need.	Closed – Not Implemented OFPP did not concur with the interpretation of the conference report.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(2) to provide more discretion to contracting officers to obtain certified cost or pricing data on awards under $100,000 when they decide it is necessary to ensure that prices are fair and reasonable. This includes permitting contracting officers to require certified cost or pricing data on awards of $25,000, or less.	Closed – Not Implemented NASA disagreed with this recommendation. It plans no further action.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(c)(2) to provide guidance regarding what constitutes "considering" responses to the required Commerce Business Daily notices of proposed contract actions. The guidance should indicate that each response should be given sufficient consideration to make an informed judgment on whether the offerer might be capable of satisfying the government's need.	Closed – Not Implemented GSA did not concur with the interpretation of the conference report.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that this authority is limited to follow-on contracts awarded: (1) after an original competitive award; and (2) if the basis for the decision is "substantial duplication of cost to the government which is not expected to be recovered through competition," after a cost/benefit analysis has been performed which determines and documents the decision.	Closed – Not Implemented DOD disagreed with the interpretation of congressional intent.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to require agency heads to establish procurement planning systems and procedures that include: (1) procurement procedures providing leadtime and cutoff dates for preparing solicitations, obtaining and evaluating bids or proposals, making preaward surveys, performing contract audits, negotiating, and making contract awards in an orderly manner; (2) procedures for developing, monitoring, and updating procurement plans; and (3) review procedures for last-quarter spending.	Closed – Not Implemented DOD believes the recommended changes are unnecessary. No action is planned.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1(c)(2) to provide guidance regarding what constitutes "considering" responses to the required Commerce Business Daily notices of proposed contract actions. The guidance should indicate that each response should be given sufficient consideration to make an informed judgment on whether the offerer might be capable of satisfying the government's need.	Closed – Not Implemented NASA did not concur with the interpretation of the conference report.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that this authority is limited to follow-on contracts awarded: (1) after an original competitive award; and (2) if the basis for the decision is "substantial duplication of cost to the government which is not expected to be recovered through competition," after a cost/benefit analysis has been performed which determines and documents the decision.	Closed – Not Implemented OFPP disagreed with the interpretation of congressional intent.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to require agency heads to establish procurement planning systems and procedures that include: (1) procurement procedures providing leadtime and cutoff dates for preparing solicitations, obtaining and evaluating bids or proposals, making preaward surveys, performing contract audits, negotiating, and making contract awards in an orderly manner; (2) procedures for developing, monitoring, and updating procurement plans; and (3) review procedures for last-quarter spending.	Closed – Not Implemented OFPP believes that the recommended changes are unnecessary. No further action is planned.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR subpart 4.6, or the Federal Procurement Data System reporting manual and Standard Form 279, which is used to collect information on contract actions, to require information that must be collected with respect to each procurement carried out using competitive procedures to be categorized separately from other procurements using competitive procedures if the procurement results in the submission of a bid or proposal by "only one responsible source."	Closed – Not Implemented DOD disagreed with the recommended changes and plans no further action.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that this authority is limited to follow-on contracts awarded: (1) after an original competitive award; and (2) if the basis for the decision is "substantial duplication of cost to the government which is not expected to be recovered through competition," after a cost/benefit analysis has been performed which determines and documents the decision.	Closed – Not Implemented GSA disagreed with the GAO interpretation of congressional intent.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to require agency heads to establish procurement planning systems and procedures that include: (1) procurement procedures providing leadtime and cutoff dates for preparing solicitations, obtaining and evaluating bids or proposals, making preaward surveys, performing contract audits, negotiating, and making contract awards in an orderly manner; (2) procedures for developing, monitoring, and updating procurement plans; and (3) review procedures for last-quarter spending.	Closed – Not Implemented GSA believes that the recommended changes are unnecessary. No action is planned.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR subpart 4.6, or the Federal Procurement Data System reporting manual and Standard Form 279, which is used to collect information on contract actions, to require information that must be collected with respect to each procurement carried out using competitive procedures to be categorized separately from other procurements using competitive procedures if the procurement results in the submission of a bid or proposal by "only one responsible source."	Closed – Not Implemented OFPP disagreed with the recommended changes. It plans no further action.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(ii) and (iv) to require certified cost or pricing data before modification of any contract and the subcontracts identified in that provision, when the modification involves a price adjustment expected to exceed $100,000, "or such lesser amount as may be prescribed by the agency head."	Closed – Not Implemented DOD disagreed with the recommended changes and plans no further action.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.302-1 to provide that this authority is limited to follow-on contracts awarded: (1) after an original competitive award; and (2) if the basis for the decision is "substantial duplication of cost to the government which is not expected to be recovered through competition," after a cost/benefit analysis has been performed which determines and documents the decision.	Closed – Not Implemented NASA disagreed with the interpretation of congressional intent.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to require agency heads to establish procurement planning systems and procedures that include: (1) procurement procedures providing leadtime and cutoff dates for preparing solicitations, obtaining and evaluating bids or proposals, making preaward surveys, performing contract audits, negotiating, and making contract awards in an orderly manner; (2) procedures for developing, monitoring, and updating procurement plans; and (3) review procedures for last-quarter spending.	Closed – Not Implemented NASA believes that the recommended changes are unnecessary. No action is planned.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR subpart 4.6, or the Federal Procurement Data System reporting manual and Standard Form 279, which is used to collect information on contract actions, to require information that must be collected with respect to each procurement carried out using competitive procedures to be categorized separately from other procurements using competitive procedures if the procurement results in the submission of a bid or proposal by "only one responsible source."	Closed – Not Implemented GSA disagreed with the recommended changes and plans no further action. Other FAR changes were made in FAC-84-13.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(ii) and (iv) to require certified cost or pricing data before modification of any contract and the subcontracts identified in that provision, when the modification involves a price adjustment expected to exceed $100,000, "or such lesser amount as may be prescribed by the agency head."	Closed – Not Implemented OFPP disagreed with the recommended changes. No further action is planned.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to state that a prime objective of these procedures should be to ensure that the efforts of all personnel responsible for the procurement of property and services are coordinated, as early as practicable, to obtain required items of requisite quality, on time, and at the lowest price. Consistent with that objective is the responsibility to eliminate inefficiencies normally associated with hurried or unnecessary end-of-year procurements and to award contracts on a competitive basis as required by applicable laws and regulations.	Closed – Not Implemented DOD believes the recommended changes are unnecessary. No further action is planned.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR subpart 4.6, or the Federal Procurement Data System reporting manual and Standard Form 279, which is used to collect information on contract actions, to require information that must be collected with respect to each procurement carried out using competitive procedures to be categorized separately from other procurements using competitive procedures if the procurement results in the submission of a bid or proposal by "only one responsible source."	Closed – Not Implemented NASA disagreed with the recommended changes. It plans no further action.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(ii) and (iv) to require certified cost or pricing data before modification of any contract and the subcontracts identified in that provision, when the modification involves a price adjustment expected to exceed $100,000, "or such lesser amount as may be prescribed by the agency head."	Closed – Not Implemented GSA disagreed with the recommended changes and plans no further action.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to state that a prime objective of these procedures should be to ensure that the efforts of all personnel responsible for the procurement of property and services are coordinated, as early as practicable, to obtain required items of requisite quality, on time, and at the lowest price. Consistent with that objective is the responsibility to eliminate inefficiencies normally associated with hurried or unnecessary end-of-year procurements and to award contracts on a competitive basis as required by applicable laws and regulations.	Closed – Not Implemented OFPP believes that the recommended changes are unnecessary. No further action is planned.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303 to require agencies acquiring goods and services from another agency's sole-source contract to justify the sole-source procurements themselves.	Closed – Not Implemented DOD did not agree with this recommendation. It believes this requirement has already been covered.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(ii) and (iv) to require certified cost or pricing data before modification of any contract and the subcontracts identified in that provision, when the modification involves a price adjustment expected to exceed $100,000, "or such lesser amount as may be prescribed by the agency head."	Closed – Not Implemented NASA disagreed with the recommended changes. It plans no further action.
General Services Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to state that a prime objective of these procedures should be to ensure that the efforts of all personnel responsible for the procurement of property and services are coordinated, as early as practicable, to obtain required items of requisite quality, on time, and at the lowest price. Consistent with that objective is the responsibility to eliminate inefficiencies normally associated with hurried or unnecessary end-of-year procurements and to award contracts on a competitive basis as required by applicable laws and regulations.	Closed – Not Implemented GSA believes that the recommended changes are unnecessary. No further action is planned.
Office of Federal Procurement Policy	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 6.303 to require agencies acquiring goods and services from another agency's sole-source contract to justify the sole-source procurements themselves.	Closed – Not Implemented OFPP did not agree with this recommendation. It believes that this requirement was already covered.
Department of Defense	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR 15.804-2(a)(2) to provide more discretion to contracting officers to obtain certified cost or pricing data on awards under $100,000 when they decide it is necessary to ensure that prices are fair and reasonable. This includes permitting contracting officers to require certified cost or pricing data on awards of $25,000, or less.	Closed – Not Implemented DOD disagreed with this recommendation and plans no further action.
National Aeronautics and Space Administration	The Secretary of Defense and the Administrators of General Services, NASA, and OFPP should amend FAR part 7 to state that a prime objective of these procedures should be to ensure that the efforts of all personnel responsible for the procurement of property and services are coordinated, as early as practicable, to obtain required items of requisite quality, on time, and at the lowest price. Consistent with that objective is the responsibility to eliminate inefficiencies normally associated with hurried or unnecessary end-of-year procurements and to award contracts on a competitive basis as required by applicable laws and regulations.	Closed – Not Implemented NASA believes that the recommended changes are unnecessary. No further action is planned.

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