Statement of Administration Policy: H.R. 1670 - Federal Acquisition Reform Act of 1995

(House)
(Clinger (R) PA and 16 cosponsors)

The Administration supports House passage of H.R. 1670 as reported by the Government Reform and Oversight Committee.

H.R. 1670 makes a number of important steps to simplify the procurement process, reduce bureaucracy, and make it easier for the Government to select suppliers committed to good performance. In particular, the Administration supports the provisions that authorize simplified procedures for use in commercial product acquisitions, streamline "procurement integrity" requirements, and eliminate statutorily mandated layers of review that slow down the procurement process without adding value.

The Administration will continue to work with Congress to address concerns with:

• Title I, which redefines "full and open competition" and authorizes "procedures other than competitive procedures" where competitive procedures are "not feasible or appropriate". The Administration appreciates the Committee's intent to authorize the streamlined competitive methods the Administration has sought without micromanaging in statute. The Administration agrees with the conclusion embodied in Title I that significant reforms of the way in which competitions are conducted are needed. These would include (1) authorizing innovative "two-phase procedures" allowing elimination of uncompetitive bidders prior to full competitive proposals, and (2) allowing reduction of the competitive range, after receipt of proposals, in order to conduct an efficient procurement. However, the language in Title I has raised concerns about the Government's commitment to vigorous competition. The Administration therefore recommends consideration of its proposal to authorize the aforementioned streamlined procedures in statute.
  
  
• Title IV, concerning bid protests. While Title IV has been improved since its introduction, it still does not go far enough to reduce excessive litigation, intrusive discovery techniques, and adversarial relations between suppliers and the government customer. The Administration would support an amendment that would reduce the litigation burden associated with Federal procurement. The Administration also continues to have concerns about consolidation of claims and protests into a single forum. Finally, the Administration has a constitutional concern with the manner in which Appeals Board judges would be appointed- These officials should be appointed by the heads of the agencies in which the Boards are located — the Department of Defense and the General Services Administration — respectively.