CONSULTANT REFORM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200230015-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 33
• Document Creation Date: December 21, 2016
• Document Release Date: October 21, 2008
• Sequence Number: 15
• Publication Date: March 23, 1983
• Content Type: REGULATION

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LEGISLATIVE ANALYSIS
Bill No. H.R. 1882 Report No.
Title; "Consulting Reform and Disclosure Act of 1983"
subject;
Amends.
File: PROCUREMENT
consultant reform
5 U.S.C. %3109
Companion No.
Conclusion: No Agency objection
L/ Agency objection and/or needs amendment
Analysis. This bill would amend current law so as to subject federal
agencies' consultant contracting procedures to severe scrutiny-and
centralized control.
Section 210 of the bill, apparently inserted in last Congress'
exemptionhfo Legislation
AgencyD(although
provides of this bill aprequest
provovides f in effect a complete
it is phrased in terms of intelligence information and classified
information). 0
Accordingly, the only Agency on this bill, if it moves at all,
is to insure that the exemption remains in the bill.
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17 M R 1983 I
98TH CONGRESS He R. 1882
1ST SESSION
To amend section 3109 of title 5, United States Code, to clarify the authority for
appointment and compensation of experts and consultants, to provide statu-
tory guidelines concerning the award of contracts for the procurement of
consulting services, management and professional services, and special stud-
ies and analyses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1983
Ms. FE$BA$o introduced the following bill; which was referred jointly to the
Committees on Post Office and Civil Service and Government Operations
A BILL
To amend section 3109 of Title 5, United States Code, to clarify
the authority for appointment and compensation of experts
and consultants, to provide statutory guidelines concerning
the award of contracts for the procurement of consulting
services, management and professional services, and special
studies and analyses, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 That this Act may be cited as the
4
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1 STATEMENT OF FINDINGS
2 SEC. 2. The Congress finds and declares that-
3 (1) Federal procurement officials have not consist-
4 ently complied with the laws relating to procurement
5 activities and regulations and management guidelines
6 in awarding contracts for the procurement of consulting
7 services, management and professional services, and
8 special studies and analyses;
9 (2) procurement practices, insofar as they relate to
10 the procurement of consulting services, management
11 and professional services, and special studies and anal-
12 yses, do not presently provide for (A) full and open
13 competition, (B) the prevention of duplication or over-
14 lap among contracts, (C) adequate consideration of con-
15 flicts of interest, or (D) the public disclosure of the use
16 and role of contractors who provide such services,
17 studies, and analyses;
18 (3) information regarding the Federal Govern-
19 ment's use of consulting services, management and
20 professional services, and special studies and analyses
21 is not maintained in a manner that results in helpful or
22 meaningful information being available to the Con-
23 gress, the executive branch, or the public;
24 (4) the competitive pressures of the free market-
25 place increase the likelihood that consulting services,
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1 management and professional services, and special
2 studies and analyses will be provided at competitive
3 prices;
4 (5) full and open competition in the Federal pro-
5 curement process supports the basis of the free enter-
6 prise system while guaranteeing maximum return on
7 Federal procurement expenditures;
8 (6) the costs of performing governmental functions
9 are borne by the taxpayer regardless of whether the
10 functions are performed in the private or public sector;
11 (7) the integrity of the governmental process, es-
12 pecially when consulting services, management and
13 professional services, and special studies and analyses
14 are used in the performance of governmental functions,
15 requires full public disclosure of the use and role of
16 contractors who perform such functions; and
17 (8) legislation and oversight is necessary to
18 achieve the consistent policies and practices needed in
19 Federal procurement of consulting services, manage-
20 ment and professional services, and special studies and
21 analyses.
22 STATEMENT OF POLICY
23 SEC. 3. It is the policy of the United States that-
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1 (1) governmental policymaking and decisionmak-
2 ing functions should be performed by accountable Fed-
3 eral officials;
4 (2) the procurement of consulting services, man-
5 agement and professional services, and special studies
6 and analyses by contract should be in compliance with
7 applicable laws and regulations; and
8 (3) governmental functions should be accomplished
9 through the most economical means available while
10 recognizing the inherently governmental nature of cer-
11 tain activities.
12 TITLE I-APPOINTMENTS
13
14 SEC. 101. (a)
15
16 "? 3109. Employment of individual experts and con-
17 sultants
18 "(a) For the purpose of this section-
19 "(1)'
20 title, but does not include
21 the General Accounting Office;
22 "(2) `appointed consultant' means an individual-
23 "(A) who has a high degree of knowledge,
24 skill, or experience in a particular field, and
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1 "(B) whose primary function is to serve an
2 agency in an advisory capacity in that field,
3 rather than to perform or supervise an operating
4 function of the agency; and
5 "(3) `appointed expert' means an individual-
6 "(A) who has excellent qualifications and a
7 high degree of attainment in a professional, scien-
8 tific, technical, or other field,
"(B) who, because of such qualifications and
10 attainment, is usually regarded as an authority, or
11 as a practitioner of unusual competence and skill,
12 by other individuals engaged in that field, and
13 "(C) whose primary function is to perform or
14 supervise an operating function of an agency
15 rather than to provide advisory services.
16 "(b) The head of an agency may appoint and fix the pay
17 of appointed experts and consultants for temporary (not in
18 excess of one year) or intermittent services, without regard
19 to-
20 "(1) the provisions of this title governing appoint-
21 ment in the competitive service; and
22 "(2) chapter 51 and subchapter III of chapter 53
23 of this title (relating to position classification and pay
24 rates),
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1 except that the rate of pay for any individual so appointed
2 may not exceed the rate of basic pay payable for GS-18
3 unless otherwise specifically authorized by statute.
4 "(c) Positions in the Senior Executive Service may not
5 be filled under the authority of subsection (b) of this section.
6 "(d) The
7-
8 W~the reporting requirements of this
9 section, and may take such action as it considers appropriate
10 to assure compliance with those regulations, including audit
11 of individual cases, and, if necessary, suspension of the au-
12 thority to appoint experts and consultants. Agencies shall
13 comply with the requirements of the Office, including taking
14 any corrective action the Office may direct.
15 "(e)
16
17
18 . The reports shall be submitted at such time and in-
19 elude such information as the Office shall prescribe. Each
20 report shall include-
21 "(1) the each of the appointed ex-
22 perts or appointed consultants involved were employed
23 by the agency during the period, and
24 "(2) the~A by the agency to each
25 of them for such work during the period.
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1 "(f) In administering any personnel ceiling applicable to
2 an agency (or unit therein) during any fiscal year, an appoint-
3 ed expert or appointed consultant employed by that agency
4 or unit under this section shall be counted as a fraction which
5 is determined by dividing 2080 hours into the total number of
6 hours the appointed expert or consultant worked for that
7 agency or unit during that year.
8 "(g)(1) The head of each agency shall establish proce-
9 dures for the review and approval of-
10 "(A) any determination relating to the need for
11 the services of an appointed expert or appointed con-
12 sultant under this section; and
13 "(B) the appointment of each appointed expert or
14 appointed consultant.
15 "(2) In any case in which need for the services of an
16 appointed expert or consultant is found to be justified; under
17 this section, no action may be initiated to obtain those serv-
18 ices by contract -unless it has been certified that all reason-
19 able steps have been taken to obtain those services by ap-
20 pointment.".
21 (b) The analysis of chapter 31 of title 5, United States
22 Code, is amended by striking out the item relating to section
23 3109 and inserting in lieu thereof the following new item:
"3109. Employment of individual experts and consultants.".
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1 EFFECT ON OTHER LAW
2 SEC. 102. Section 3109 of title 5, United States Code,
3 as amended by the first section of this Act, shall supersede
4 any statute enacted before the date of the enactment of this
5 Act to the extent such statute grants specific authority to any
6 agency (as defined in such section) to appoint any individual
7 as an expert or consultant.
8 EFFECTIVE DATE
9 SEC. 103. The amendments made by this title shall take
10 effect one hundred and eighty days after the date of the en-
11 actment of this Act.
12 TITLE II-CONTRACTS
13 DEFINITIONS
14 SEC. 201. For purposes of this title:
15 (1) The term
16 itle 5, United States Code, but does
17 not include the General Accounting Office.
18 (2) The term "contract" means (A) any agreement, in-
19 cluding any amendment to or modification of an agreement,
20 between the Government and a contractor for the procure-
21 ment of goods and services, or (B) any letter authorizing a
22 contractor to provide goods or services to the United States
23 prior to a specification of the compensation for the provision
24 of such goods or services.
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1 (3) The term "contractor" means any person, firm, un-
2 incorporated association, joint venture, partnership, corpora-
3 tion or affiliates thereof, including consultants and organiza-
4 tions thereof, which is a party to a contract with the Govern-
5 ment.
6 (4) The term "report" means a written study, plan,
7 evaluation, analysis, manual, or similar document, in draft or
8 final form, which is prepared by a contractor pursuant to a
9 contract with an agency and which is submitted-
10 (A) to such agency, or
11 (B) on behalf of such agency to any other agency
12 of the Government,
13 but does not mean a billing document, invoice, or other rou-
14 tine business transmittal made with respect to the contract.
15 (5) The term "consulting services" means advisory serv-
16 ices with respect to agency administration and management
17 or agency program management.
18 (6) The term "management and professional services"
19 means professional services related to management and con-
20 trol of programs, including-
21 (A) management data collection services;
22 (B) policy review and development services;
23 (C) program evaluation services;
24 (D) program management support services;
25 (E) program review and development services;
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1 (F) systems engineering services; and
2 (G) other management and professional services of
3 a similar nature which are not related to any specific
4 program.
5 (7) The term "special study or analysis" means any
6 nonrecurring examination of a subject which-
7 (A) is undertaken to provide greater understand-
8 ing of relevant issues and alternatives regarding orga-
9 nizations, policies, procedures, systems, programs, and
10 resources; and
11 (B) leads to conclusions or recommendations with
12 respect to planning, programing, budgeting, decision-
13 making, or policy development.
14 Such term includes-
15 (i) any study initiated by or for the program man-
16 agement office;
17 (ii) a cost benefit analysis, a data analysis (other
18 than a scientific analysis), an economic study or analy-
19 sis, an environmental assessment or impact study, a
20 feasibility study which does not relate to construction,
21 a legal or litigation study, a legislative study, a regula-
22 tory study, or a socioeconomic study;
23 (iii) a geological study, a natural resources study,
24 a scientific data study, a soil study, a water quality
25 study, a wildlife study, or a general health study; or
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1 (iv) any similar special study or analysis.
2 PUBLICATION OF CONTRACTS
3 SEC. 202. (a)
5 Wftnagement and
6 professional services, or a special study or analysis which the
7 agency estimates will result in the award of a contract in
8~the agency shall
9 ce describing such contract. The
10 Secretary of Commerc
11 pursuant to this subsection
12 L blished by the Department of Commerce.
13 An agency is to transmit to the Secretary of
14 Commerc
15 (1
16
17 r
18 (2) which is awarded due to such an unusual and
19 compelling emergency that the Government would be
20 seriously injured if prior notice of the contract were re-
21 quired to be published.
22 (b) Whenever an agency modifies a contract for consult-
23 ing services, management and professional services, or a spe-
24 cial study or analysis, and in the modification of such contract
25 increases the amount of the contract award by at least
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1 $25,000, the agency shall transmit to the Inspector General
2 or comparable official of such agency, or in the case of an
3 agency which does not have an Inspector General or compa-
4 rable official, the head of the agency or his designee, a writ-
5 ten notice describing-
6 (1) the original contract;
7 (2) the modification being made; and
8 (3) the justification for the modification.
9 DISCLOSURE OF INFORMATION CONCERNING THE USE OF
10 CONTRACTORS
11 SEC. 203.E prepared by a contractor pursu-
12 ant to a contract for consulting services, management and
13 professional services, or a special study or analysis, and each
14 report prepared by an agency which is substantially derived
15 from or includes substantial portions of any such report, l
16
17 (1) th dress of the contrac-
18 tor who prepared or contributed to the report;
19 (2) the total amount of the contract;
20 (3) whether the contract was awarded through
21 competitive or noncompetitive procedures;
22 (4) the name of the office which, or employee
23 who, authorized the award of the contract;
24 (5) in any case in which a contractor uses a sub-
25 contractor to prepare any portion of a report for an
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1 agency, the name and business address of the subcon-
2 tractor and the amount paid to the subcontractor for
3 the work;
4 (6) the names of all employees of the contractor,
5 and any subcontractor, who substantially contributed to
6 the report; and
7 (7) in any case in which an organizational conflict
8 of interest has been determined under section 205 to
9 exist with respect to the contract, the facts and cir-
10 cumstances of the conflict of interest.
11 CONTRACT EVALUATION
12 SEC. 204. (a) Within one hundred and twenty days after
13 the completion of any contract for consulting services, man-
14 agement and professional services, or a special study or anal-
15 ysis, the total amount of which is in excess of $50,000, the
16 f the contract per-
17 formance. The evaluation shall include -
1 , including-
19 (1) the performance of the contractor, based upon
20 the terms and specifications included in the contract;
21 and
22 (2) any deviation by the contractor from the provi-
23 sions of the contract originally awarded with respect to
24 cost and time for completion of the contract and a
25 statement of the reasons for any such deviation.
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1 (b) The agency shall include the evaluation required by
2 subsection (a) in the records maintained by the agency re-
3 garding the contract and shall maintain a copy of the evalua-
4 tion in a central location within the agency.
5 (c) A written copy of any evaluation made under this
6 section shall be transmitted to the contractor concerned to-
7 gether with a notice stating that the contractor may, within
8 ten days after receipt of such copy, transmit comments to the
9 agency concerning such evaluation. Any such comments shall
10 be included in the evaluation as a supplement.
11 BEST
12 SEc. 205. (a)(1) Beginning on the effective date of this
13 title and ending three years after such date, the following
14 subsections of this section
~`awiirt~=ri-
15
16
(A) the Department of MONW,
17
(B) the Department of
tl, and
18
(C) the UxrVMjL X_
19
(2) Effective beginning three years after the effective
20 date of this Act, unless otherwise provided by law, the fol-
21 lowing subsections of this section shall apply to each agency.
22 (b) For purposes of this section:
23 (1) The term "organizational conflict of interest" means
24 any relationship or situation in which an offeror or contractor
25 has past, present, or anticipated interests that either directly,
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1 or indirectly through a client relationship, relate to work to
2 be performed under a contract for consulting services, man-
3 agement and professional services, or a special study or anal-
4 ysis, and which-
5 (A) may diminish the capacity of the offeror or
6 contractor to give impartial, technically sound, and ob-
7 jective assistance and advice; or
8 (B) may result in an unfair competitive advantage
9 to the offeror or contractor;
10 but such term does not include the normal flow of benefits
11 from the performance of the contract.
12 (2) The terms "offeror" and "contractor" include-
13 (A) a chief executive or director of the offeror or
14 contractor, to the extent that such executive or direc-
15 tor will or does become substantially involved in the
16 performance of a contract entered into with an agency;
17 and
18 (B) a consultant or subcontractor proposed to be
19 used by the offeror or contractor in the performance of
20 a contract entered into with an agency in any case in
21 which such consultant or subcontractor may be per-
22 forming services similar to the services provided by the
23 offeror or contractor.
24 (c)(1) Whenever an offeror submits to any agency a pro-
25 posal for a contract for consulting services, management and
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1 professional services, or a special study or analysis, the of-
2 feror shall include with such proposal-
3 (A) a statement which discloses all relevant facts
4 relating to an existing or potential organizational con-
5 flict of interest concerning the contract; or
6 (B) a statement certifying, to the best knowledge
7 and belief of such offeror, that no relevant facts exist
8 relating to such an existing or potential organizational
9 conflict of interest.
10 (2) Any consultant or subcontractor which any such of-
11 feror proposes to use in the performance of a contract de-
12 scribed in paragraph (1) shall also submit a statement con-
13 taining the information required by paragraph (1) to the
14 agency receiving the proposal.
15 (3) In any case in which a contract described in para-
16 graph (1) has been entered into by an agency and a modifica-
17 tion of the contract becomes necessary, the contractor and
18 any consultant or subcontractor used by the offeror in the
19 performance of the contract shall submit to the agency-
20 (A) the same type of statement with respect to
21 such modification as required by paragraph (1) with re-
22 spect to a contract; or
23 (B) a revision of any statement submitted under
24 paragraph (1) which relates to any potential organiza-
25 tional conflict of interest concerning such modification.
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1 (4) Each contractor, consultant, and subcontractor
2 which has submitted a statement under this subsection shall
3 submit, on a timely basis, revisions of such statement as may
4 be necessary to clearly and accurately reflect any changes in
5 circumstances relating to an existing or potential organiza-
6 tional conflict of interest arising after the statement was
7 made or last revised.
8 (d) The head of each agency to which this section ap-
9 plies shall establish or designate an office to administer the
10 provisions of this section with respect to contract proposals
11 and contracts of the agency. The head of each such office
12 shall evaluate each statement received pursuant to subsection
13 (c) to determine whether an organizational conflict of interest
14 or the appearance of such a conflict exists with respect to the
15 contract for which the statement is submitted. In making
16 such evaluation, the head of such office shall-
17 (1) consider whether-
18 (A) the offeror, contractor, consultant, or
19 subcontractor has conflicting roles or interests
20 which might bias the judgment of the offeror, con-
21 tractor, consultant, or subcontractor concerning
22 the work to be performed pursuant to the con-
23 tract; or
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1 (B) the offeror or contractor will have an
2 unfair advantage in the performance of the con-
3 tract; and
4 (2) pay particular attention to proposed contrac-
5 tual requirements which call for the provision of
6 advice, evaluation, or other actions which will have a
7 direct effect on future decisions of the agency relating
8 to contracts, procurement, research and development
9 programs, production, or regulatory activities.
10 (e) Whenever the head of an office established or desig-
11 nated under subsection (d) determines that an organizational
12 conflict of interest or that the appearance of such a conflict
13 exists with respect to a contract for consulting services, man-
14 agement and professional services, or a special study or anal-
15 ysis, or a proposal for such a contract, he shall transmit a
16 notice of his determination to the offeror or contractor in-
17 volved. Within ten days after the receipt of such notice, the
18 offeror or contractor may transmit written comments to the
19 head of the office concerning the determination or may trans-
20 mit such comments to the head of the agency with a request
21 that the head of the agency review such determination.
22 Within thirty days after receiving such a request, the head of
23 the agency shall review the determination of the head of the
24 office and shall issue a written decision. In conducting such
25 review, the head of the agency may request the offeror or
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1 contractor to provide additional information concerning the
2 issues involved. The head of the agency shall transmit a copy
3 of his decision under this subsection to the offeror or contrac-
4 tor and the head of the office.
5 (f) If, prior to the award of a contract for consulting
6 services, management or professional services, or a special
7 study or analysis, the head of the office determines that an
8 organizational conflict of interest or the appearance of such a
9 conflict exists with respect to the contract, and such determi-
10 nation is not reversed by the head of the agency-
11 (1) the agency shall disqualify the offeror from eli-
12 gibility for award of the contract or, in the case of an
13 organizational conflict of interest or the appearance of
14 such a conflict involving a consultant or subcontractor
15 proposed to be used by the offeror in the performance
16 of the contract, shall prohibit the offeror from using the
17 services of such consultant or subcontractor;
18 (2) the agency shall include in the contract award-
19 ed to the offeror such conditions as the agency deter-
20 mines would avoid an organizational conflict of interest
21 or the appearance of such a conflict involving such of-
22 feror or any consultant or subcontractor; or
23 (3) in any case in which the agency determines
24 that-
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1 (A) the facts and circumstances surrounding
2 the contract necessitate immediate action; and
3 (B) the agency is unable to obtain the serv-
4 ices to be performed pursuant to the contract from
5 any other person other than the offeror, consult-
6 ant, or subcontractor involved in the organization-
7 al conflict of interest or the appearance of such a
8 conflict,
9 the agency may award the contract to the offeror if the
10 agency includes in the records maintained by the
11 agency on the contract, makes available to the public,
12 and transmits to each committee of the Senate and the
13 House of Representatives having legislative jurisdiction
14 over the agency, a complete statement of the relevant
15 facts disclosed by the offeror, consultant, or subcon-
16 tractor pursuant to subsection (c), or otherwise known
17 or made available to the agency.
18 (g)(1) If, after the agency has entered into a contract for
19 consulting services, management and professional services, or
20 a special study or analysis, the head of an office established
21 or designated in the agency under subsection (d) determines
22 that an organizational conflict of interest or the appearance
23 of such a conflict exists with respect to the contract, and such
24 determination is not reversed by the head of the agency, the
25 agency shall-
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1 (A) terminate the contract; or
2 (B) in any case in which termination is not in the
3 best interest of the Government, modify the contract to
4 the extent necessary to prevent or mitigate to the
5 greatest extent possible the conflict or the appearance
6 of the conflict and include in the records maintained by
7 the agency on the contract, make available to the
8 public, and transmit to each committee of the Senate
9 and the House of Representatives having legislative ju-
10 risdiction over the agency, a complete statement of the
11 relevant facts determined to exist regarding the offeror,
12 consultant, or subcontractor.
13 (2)(A) Except as provided in subparagraph (B), a con-
14 tractor who has entered into a contract with an agency for
15 consulting services, management and professional services, or
16 a special study or analysis, or a consultant or a subcontractor
17 to any such contractor shall have no claim against the United
18 States for damages as a result of an action of an agency
19 under paragraph (1) (other than a claim specified pursuant to
20 a convenience clause in the contract), but such a contractor,
21 consultant, or subcontractor may have a claim against the
22 United States for compensation for work performed prior to
23 such agency action.
24 (B) A contractor who has entered into a contract with
25 an agency for consulting services, management and profes-
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1 sional services, or a special study or analysis, or a consultant
2 or a subcontractor to any such contractor shall have no claim
3 for compensation for work performed prior to an agency
4 action under paragraph (1) if it is determined that such con-
5 tractor's, consultant's, or subcontractor's failure to complete-
6 ly disclose the relevant facts under subsection (b) precluded a
7 determination of the existence of an organizational conflict of
8 interest or the appearance of such a conflict involving such
9 contractor, consultant, or subcontractor prior to the award of
10 the contract.
11 (h) Two years after the effective date of this title, the
12 Comptroller General of the United States, in conjunction
13 with the Director of the Office of Management and Budget,
14 shall commence an evaluation of the operations of the provi-
15 sions of this section, and, within nine months after the com-
16 mencement of such evaluation, shall prepare and transmit a
17 report to the Congress concerning the result of such evalua-
18 tion, including recommendations regarding-
19
(1) the continuation, modification, or termination,
20
of the provisions of this section; and
21
(2) the extension of such provisions to all agen-
22
cies.
23
BUDGET IDENTIFICATION AND JUSTIFICATION
24
SEC
206
(
)
.
.
a
-
MOW
25
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1 year submitted to the Director of the Office of Management
2 and Budget pursuant to section 1108 of title 31, United
3 States Code,
4 ment in such fiscal year. The state-
5 ment shall identify such amounts according to the same sub-
6 functional categories to be used by the President in the sub-
7 mission of the budget for such fiscal year pursuant to section
8 1105 of title 31, United States Code, and, within each such
9 category, shall identify such amounts according to classifica-
10 tions for-
11 (1) procurement of consulting services, manage-
12 ment and professional services, and special studies and
13 analyses;
14 (2) procurement of other services; and
15 (3) all other procurement activities.
16 (b) The budget transmitted by the President to the Con-
17 gress for each fiscal year under section 1105 of title 31,
18 United States Code, shall set forth separately, within each
19 subfunctional category used in such budget-
20 (1) requests for new budget authority for, and es-
21 timates of outlays by, each agency for-
22 (A) procurement of consulting services, man-
23 agement and professional services, and special
24 studies and analyses;
25 (B) procurement of other services; and
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1 (C) all other procurement activities;
2 (2) an analysis of each request for new budget au-
3 thority and of the estimates of outlays referred to in
4 paragraph (1); and
5 (3) a statement justifying the need for each such
6 request and estimate.
7 (c) Any revision of any request or estimate included in
8 the budget for any fiscal year pursuant to subsection (b)(1)
9 shall be promptly transmitted to the Congress, and shall be
10 accompanied by an analysis and statement required by sub-
11 section (b)(2) which reflects the revision made by the Presi-
12 dent.
13 FEDERAL PROCUREMENT DATA SYSTEM
14 SEC. 207. (a)(1) The At
15 _WW
16
17
18
(2) The system shall classify every contract or contract
19 modification for an amount in excess of $10,000 as for-
20 (A) procurement of consulting services, manage-
21 ment and professional services, and special studies and
22 analyses;
23 (B) procurement of other services; or
24 (C) all other procurement activities.
MR 1 RR9 iu
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1 (3) In addition, the system shall include for each such
2 contract or contract modification-
3 (A) the name of the agency awarding the con-
4 tract;
5 (B) an identification number or other designation
6 for the contract or modification, as the case may be;
7 (C) the name of the contracting office of the
8 agency which awarded the contract;
9 (D) the name of the contractor;
10 (E) whether the contractor is a small business or
11 a minority business;
12 (F) the date on which the contract award or the
13 modification was made;
14 (G) the city, county, State, or country in which
15 the work under the contract will be performed;
16 (H) a brief description of the work to be per-
17 formed under the contract;
18 (I) the total dollars payable by the Government
19 under the contract;
20 (J) the estimated completion date of the contract;
21 (K) whether before the awarding of the contract a
22 comparison was made of (i) the costs to the agency of
23 directly performing the function covered by the con-
24 tract with (ii) the costs of contracting with non-Federal
25 entities for the performance of such function;
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1 (L) the type of solicitation and procurement proc-
2 ess which was applied in awarding the contract;
3 (M) the type of contract, such as a cost reimburse-
4 ment contract or fixed price contract; and
5 (N) if applicable, the negotiation authority used to
6 award the contract under the provisions of section
7 2304(a) of title 10, United States Code, or section
8 302(c) of the Federal Property and Administrative
9 Services Act of 1949.
10 (b)(1) Consistent with otherwise applicable law, the
11 Administrator for Federal Procurement Policy shall make in-
12 formation within the system available, on request, to the
13 Congress, the various agencies, and the public.
14 (2) The Administrator for Federal Procurement Policy
15 shall prepare and transmit to the Congress quarterly and
16 annual reports regarding the information maintained on each
17 agency within the system.
18 (c)(1) Each agency shall provide such information to the
19 Administrator for Federal Procurement Policy as may be
20 necessary to assure that the data concerning the agency in
21 the system and in the reports under subsection (b)(2) is cur-
22 rent, accurate, and complete.
23 (2) Under regulations prescribed by the Administrator-
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1 (A) each agency shall establish procedures to
2 assure that such information is timely collected and re-
3 ported within the agency;
4 (B) each agency shall provide such information for
5 any calendar quarter not later than thirty days after
6 the close of that quarter; and
7 (C) within thirty days after receiving information
8 provided by an agency under subparagraph (B), the
9 Administrator shall enter that information into the
10 system.
11 PUBLIC AVAILABILITY
12 SEc. 208. (a)(1)
13
14
the twelve-month period immediately pre-
15 ceding the month in which the list is prepared ale
1
1 f the prepara-
18 tion of such list. The lists shall, be updated on a quarterly
19 basis and shall include, for each such contract-
20 (A) the contract identification number assigned by
21 the agency;
22 (B) the contractor's name;
23 (C) the date of award and the estimated comple-
24 tion date;
HR 1882 IH
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1 (D) the original and current amounts to be paid
2 by the agency under the contract; and
3 (E) a brief description of the work to be per-
4 formed.
5 (2) Every agency shall prepare and maintain a written
6 statement justifying the need for each contract for consulting
7 services, management and professional services, or a special
8 study or analysis which is entered into by the agency. The
9 statement shall include the name of the Government employ-
10 ee who authorized the award of the contract and the Govern-
11 ment employee who is responsible for the administration of
12 the contract.
13 (3) Each agency shall permit the public to inspect and
14 make copies of the list prepared under paragraph (1) and the
15 statements prepared under paragraph (2). The agency may
16 make a reasonable charge for the costs of making such
17 copies.
18 (b)(1)
19
20
21
22
23 (A) all contracts shall be considered public infor-
24 mation and shall be available to the public upon re-
25 quest; and
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1 (B) the following information shall be available to
2 the public for every contract for consulting services,
3 management and professional services, or a special
4 study or analysis:
5 (i) the name and qualifications of any person-
6 nel designated in the contract; and
7 (ii) the sole source justification if such con-
8 tract was awarded on a sole source basis.
9 (2) Paragraph (1) does not require an agency to make
10 technical proposals available to the public.
11 PERFORMANCE APPRAISAL
12 SEC. 208. (a) Section 4313 of title 5, United States
13 Code, is amended by redesignating paragraphs (4) and (5) as
14 paragraphs (5) and (6), respectively, and by inserting after
15 paragraph (3) the following new paragraph:
16 "(4) compliance with rules, regulations, and pro-
17 cedures applicable to the contracting out of agency
18 functions, and furtherance of the policy set forth in sec-
19 tion 3 of the Consulting Reform Act of 1983;".
20 (b) Section 5402(b)(2)(B) of title 5, United States Code,
21 is amended by striking out "and" at the end of clause (iii), by
22 redesignating clause (iv) as clause (v), and by inserting after
23 clause (iii) the following new clause:
24 "(iv) compliance with rules, regulations, and
25 procedures applicable to the contracting out of
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1 agency functions, and furtherance of the policy set
2 forth in section 3 of the Consulting Reform Act of
3 1983; and".
4 EXEMPTIONS
5 SEC. 210.
6 tracts for consulting services, management and pro-
7 fessional services, and special studies or analyses, and any
8 data, reports, or other material pertaining thereto, AWft
91 boo
+:
10 ?~
11
12
13
14 EFFECT ON OTHER LAW
15 SEC. 211. The provisions of sections 201 through 208
16 shall supersede any statute enacted before the date of enact-
17 ment of this Act to the extent such statute is inconsistent
18 with such provisions.
19 EFFECTIVE DATE
20 SEC. 212. The provisions of this title shall take effect
21 one hundred and eighty days after the date of enactment of
22 this Act.
0
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E 824 CONGRESSIONAL RECORD - Extensions
risk newborns with life-threatening
congenital impairments may also be
the innocent victims of negligent
treatment. Lack of appropriate care
and services would be unthinkable, if
prescribed for noilhandicapped in-
fants.
There is a compelling need to pro-
vide immediate and more effective
protections for such newborns. We
must insure that they are not denied
nutrition, medically indicated treat-
ment, and appropriate general care
and social services.
The causes of child abuse and ne-
glect are numerous and complex. The
solution of this national social prob-
lem will not be a simple one. Nonethe-
less, through stronger preventive
measures that are based on a better
understanding of underlying causes,
we must continue our efforts to reduce
significantly the growing incidence
and severity of child abuse and neglect
cases.
I am pleased, therefore, to join the
distinguished chairman of the Select
Education Subcommittee, Mr. MURPHY
of Pennsylvania, as an original cospon-
sor of the Child Abuse Prevention and
Treatment and Adoption Reform Act
Amendments of 1983. I wish to com-
mend my colleague for his longstand-
ing leadership in this area and to com-
pliment him on his efforts to bring
before us a measure that should enjoy
strong, bipartisan support.
What are the major provisions incor-
porated in the 1983 amendments?
1. All activities authorized under
title I (child abuse prevention and
treatment) and title II (adoption op-
portunities) of the present act are ex-
tended from October 1, 1984 through
September 30, 1987;
2. Fiscal year 1984 authorizations of
appropriations for title I activities,
programs relating to the sexual abuse
of children, and title II of the act are
set at $18,000,000, $3,000,000, and
$2,000,000, respectively. This repre-1
medical professionals, social service
providers, and courts of competent ju-
risdiction to better insure that nutri-
tion, medically indicated treatment,
general care, and appropriate services
are provided to newborns with life-
threatening impairments;
5. States, as a condition for future
State grant awards, must have imple-
mented, within 1 year after enactment
of the amendments of 1983, proce-
dures designed to more fully protect
the rights of such infants. These new
or improved State procedures or proto-
cols must include a means by which
any interested person may report any
known or suspected case of the denial
of nutrition, medical treatment, or
general care to an infant at risk with
life-threatening, congenital impair-
ments;
6. The definition of "sexual abuse
and exploitation" is broadened to
make it consistent with the recent Su-
preme Court decision in New York v.
Ferber.
7. Title II (adoption opportunities) is
amended to require that the Secretary
of Health and Human Services review
all model adoption legislation and pro-
cedures for the purpose of assisting)
the States in facilitating and expand-
ing adoption opportunities for infants
at risk with life-threatening congenital
impairments; and
8. Services and protections assured
under section 504 of the Rehabilita-
tion Act of 1973 must be continued.
Building on the existing legislative
framework, the Child Abuse Preven-
tion and Treatment and Adoption
Reform Act Amendments of 1983 are
designed to establish a stronger Feder-
al-State-local partnership to insure
that the very special needs of infants
like the "Bloomington baby" are fully
met. I believe that this measure repre-
sents an important, positive, and effec-
tive step forward in preventing future
"Bloomington baby" tragedies.?
sents a slight increase over current CONSULTING REFORM AND
funding levels. In addition, all authori- DISCLOSURE ACT OF 1983
zations are increased by 5 percent for
each of the succeeding fiscal years.
3. The Secretary of Health and
Human Services, through the National
Center on Child Abuse and Neglect, is
required to conduct a current study of
the national incidence and severity of
the child abuse, including those cases
involving the denial of basig care and
services to infants at risk with life-
threatening handicapping conditions.
Based on the findings of this updated
study, the Secretary must submit to
the Congress, within 2 years of enact-
ment of this legislation, recommenda-
tions for additional legislative or regu-
latory changes;
4. The Secretary, by way of the Na-
tional Center on Child Abuse and Ne-
glect, must provide technical assist-
ance and training to assist States in
developing and implementing new or
improved procedures to be followed by
child protective service agencies,
iealth care facilities, health and allied
HON. GERALDINE A. FERRARO
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, March 3, 1983
? Ms. FERRARO. Mr. Speaker, today
I am introducing the Consulting
Reform and Disclosure Act of 1983. I
believe that the 22 year history of
agency mismanagement of consulting
services contained in 30 critical Gener-
al Accounting Office reports demon-
strates why this legislation is neces-
sary. In 1980, a GAO report cited seri-
ous and pervasive problems in consult-
ing contracts in six civilian agencies.
The GAO report which I received in
1981 found that several of the Depart-
ment of Defense's management sup-
port services contracts reviewed "have
preempted DOD's prerogative in di-
recting national defense and in man-
agement and direction of the Armed
Services."
of Remarks March 3, 1983
Mr. Speaker, this legislation is neces-
sary because the problems with con-
sulting type contracts have not been
corrected. The GAO supports this leg-
islation even though it generally op-
poses legislative solutions to adminis-
trative problems.
When I held a hearing on identical
legislation last Congress, the adminis-
tration refused to testify. Instead it
contended that adequate safeguards
are "already prescribed by statute or
by OMB ? ? ?.?,
However, at the same time the ad-
ministration was making this conten-
tion, they were pressing for legislation
to eliminate statutory requirements
for advance budget justification and
an Inspector General evaluation of
agency progress in instituting manage-
ment controls over consulting service
arrangements.
These two concurrent events empha-
size the need for permanent law re-
quiring disclosure of consulting con-
tract information. The best way to
eliminate waste is to make sure it is
not hidden from the public. That is
the purpose of my bill.*
THE 100TH ANNIVERSARY OF
THE CIVIL SERVICE SYSTEM
HON. HAROLD E. FORD
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Thursday, March 3, 1983
? Mr. FORD of Tennessee. Mr. Speak-
8r, after reading the February 1 issue
of the Public Administration Times, I
am compelled to speak out on the for-
titude and excellence of the civil serv?
ice system on this, its 100th anniversa-
ry. Throughout my years in the U.S.
Congress, I have found civil servants
to be selfless and dedicated individ-
uals. They are a source of pride for all
of us who value the merit system
under which they work. In addition to
praising the high standards that the
merit system inspires, I would also like
to take exception to those who by
making political appointments and in-
nuendo dare to corrupt the legitimacy,
and thereby, the effectiveness of the
civil service system.
In the beginning stages, only 10 per-
cent of the Federal workers were a
part of the civil service system, which
was established by the Pendleton Act
of 1883. With succeeding Presidents,
their members increased, until civil
servants were a full 70 percent of the
Government work force by the time of
the Great Depression.
The numbers of the civil servants
continued to grow during the adminis-
tration of President Franklin D. Roo-
sevelt, as World War II signaled a
greater need for Government workers.
Because of this high demand for civil
servants during this period, there was
pressure to exempt wartime emergen-
cy jobs from the existing require-
ments, but these efforts were resisted.
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CONGRESSIONAL RECORD - Extensions of Remarks E 823
"(d) A cash award to, and expenses for the
honorary recognition of, any employee cov-
ered by the performance management and
recognition system may be paid from the
fund or appropriation available to the activ-
ity primarily benefiting, or the various ac-
tivities benefiting, from the suggestion, in-
vention, superior accomplishment, or other
meritorious efforts of the employee. The
head of the agency concerned shall deter-
mine the amount to be contributed by each
activity to any agency cash award under
subsection (a) of this section. The President
shall determine the amount to be contribut-
ed by each activity to a Presidential award
under subsection (b) of this section.
"(e) A cash award under subsection (a)
may not exceed 20 percent of the basic pay
of the employee involved.
"(f) The President or the head of an
agency may pay a cash award under this
section notwithstanding the death or sepa-
ration from the service of an employee, if
the suggestion, invention, superior accom-
plishment, or other meritorious effort of
the employee for which the award is pro-
posed was made or performed while the em-
ployee was covered by the performance
management and recognition system.
5305. Report
"The Office of Personnel Management
shall submit an annual report to the Presi-
dent and each House of Congress evaluating
the effectiveness of the performance man-
agement and recognition system. Each such
report shall be prepared after consultation
with the respective heads of a sufficient
range of agencies so as to permit an ade-
quate basis for making a meaningful evalua-
tion.
5406. Regulations
"The Office of Personnel Management
shall prescribe regulations to carry out the
purpose of this chapter.".
(bXl) Title 5, United States Code, is
amended-
(A) in sections 4501(2)(A), 5332(a), 5334(f),
and 5336(e), by striking out "the merit pay
system established under section 5402" each
place it appears and inserting in lieu thereof
"the performance management and recogni-
tion system established under section 5403";
(B) in section 5361(5), by striking out
"merit pay system" and inserting in lieu
thereof "performance management and rec-
ognition system"; and
(C) in section 5948(g)(1XC), by striking
out "Merit Pay System" and inserting in
lieu thereof "performance management and
recognition system".
(2) Section 1602 of title 10, United States
Code, and section 5(b) of the General Ac-
counting Office Personnel Act of 1980 (31
U.S.C. 52-4(b)) are each amended by strik-
ing out "5401(a)" and inserting in lieu there-
of "5401".
PERIODIC STEP-INCREASE CONFORMING
AMENDMENT
SEC. 3. Section 5335 of title 5, United
States Code, is amended by striking out sub-
section (e) and inserting in lieu thereof the
following:
"(e) This section does not apply to the pay
of an individual appointed by the President,
by and with the advice and consent of the
Senate.
"(f) This section applies to individuals cov-
ered by the performance management and
recognition system under chapter 54 of this
title, as provided in section 5403(c)(2) of this
title.".
PERFORMANCE APPRAISAL SYSTEM CONFORMING
AMENDMENTS
SEC. 4. (a) Chapter 43 of title 5, United
States Code, relating to performance ap-
praisals, is amended by inserting after sec-
tion 4302 the following new section:
44302a. Establishment of performance appraisal
systems for performance management and rec-
ognition system employees
"(a) Each agency shall develop a perform-
ance appraisal system for employees cov-
ered by the performance management and
recognition system established under sec-
tion 5403 of this title which-
"(1) provides for periodic appraisals of job
performance;
"(2) requires that the supervising official
consult with the employee before establish-
ing performance standards; and
"(3) uses the results of performance ap-
praisals as a basis for setting the base pay
and performance awards for an employee in
accordance with section 5403 of this title.
"(b) Under regulations which the Office
of Personnel Management shall prescribe,
each such performance appraisal system
shall provide for- -
"(1) 5 levels of performance ratings as fol-
lows:
"(A) 2 levels which are below fully suc-
cessful;
"(B) a fully successful level; and
"(C) 2 levels which are above fully success-
ful;
"(2) establishing performance standards
and critical elements which will, to the
maximum extent feasible, permit the accu-
rate evaluation of job performance;
"(3) at the beginning of each appraisal
period, communicating to each employee
covered by the performance management
and recognition system the performance
standards and critical elements of the em-
ployee's position;
"(4) during the appraisal period, evaluat-
ing each such employee on the basis of such
standards;
"(5) assisting such employees in improving
less than fully successful performance;
"(6) reassigning, reducing in grade, or re-
moving such employees who continually
perform below fully successful, after provid-
ing an opportunity to provide fully success-
ful performance; and
"(4) making base pay increase and per-
formance award decisions as a result of
annual performance appraisals made under
this section.
"(c) Appraisals of performance under this
section-
"(1) shall take into account individual per-
formance,
"(2) may take into account organizational
accomplishment, and
"(3) shall take into account such factors
as-
"(A) any improvement in efficiency, pro-
ductivity, and quality of work or service, in-
cluding any significant reduction in paper-
work;
"(B) cost efficiency;
"(C) timeliness of performance; and
"(D) other indications of the effectiveness,
productivity, and quality of performance of
the employee or other employees for whom
the employee is responsible; and
"(4) shall be subject to review only in ac-
cordance with and to the extent provided by
procedures established by the head of the
agency.
"(d) The Office of Personnel Management
may not prescribe, or require agencies to
prescribe-
"(1) any preestablished distribution of
levels of performance ratings among em-
ployees covered under chapter 54 of this
title; or
"(2) any specific performance standard or
element.".
(b) The table of sections for chapter 43 of
title 5, United States Code, is amended by
inserting after the item relating to section
4302 the following new item
"4302a. Establishment of performance ap-
praisal systems for perform-
ance management and recogni-
tion system employees.".
EFFECTIVE DATE; SAVINGS PROVISIONS;
CONTINUATION OF AMENDMENTS
SEC. 5. (a) The amendments made by this
Act shall take effect on the first day of the
first applicable pay period commencing
after the first September 30th following the
date of the enactment of this Act.
(b)(1) An employee whose position was
covered by the merit pay system immediate-
ly before the effective date of this Act but is
determined not to be covered by the per-
formance management and recognition
system as a result of this Act shall be con-
verted on such effective date to the General
Schedule in accordance with regulations
issued by the Office of Personnel Manage-
ment pursuant to section 5334(a) of this
title.
(2) The rate of basic pay for any employee
whose position was covered by the merit pay
system immediately before the effective
date of this Act and is determined to be
under the performance management and
recognition system as a result of this Act
shall be at least equal to the rate of basic
pay payable for the position held by such
employee immediately before the effective
date of this Act.
(c)(1) The amendments made by this Act
shall continue to have effect unless, during
the first period of 60 calendar days of con-
tinuous session of the Congress beginning
after 5 years after the effective date of such
amendments, a concurrent resolution is in-
troduced and adopted by the Congress dis-
approving the continuation of the perform-
ance management and recognition system.
Such amendments shall cease to have effect
on the first day of the first fiscal year begin-
ning after the date of the adoption of such
concurrent resolution.
(2) The continuity of a session is broken
only by an adjournment of the Congress
sine die, and the days on which either
House is not in session because of an ad-
journment of more than 3 days to a day cer-
tain are excluded in the computation of the
60-day period.?
THE CHILD ABUSE PREVENTION
AND TREATMENT AND ADOP-
TION REFORM ACT AMEND-
MENTS OF 1983
HON. JOHN N. ERLENBORN
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Thursday, March 3, 1983
? Mr. ERLENBORN. Mr. Speaker,
one of the greatest human tragedies is
the neglect, maltreatment, and abuse
of children. The public has become
more aware of and deeply disturbed by
reports of the growing and senseless
incidence of child abuse and neglect.
In my view, the ultimate child abuse is
when the life of a helpless child is
taken-often by a parent, relative,
family friend, or one in whose care the
child has been placed.
The recent "Bloomington baby" or
"Baby Doe" tragedy added a shocking
new dimension to the problem. We
cannot overlook the intolerable fact
that, within health care facilities, at-
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