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B-200558 1 (1980-12-05)

handle is hein.gao/gaobabjdm0001 and id is 1 raw text is: ': COMPTROLLER GENERAL OF THE UNITED STATES .WASHINGTON, D.C. 20548 B-200558 December 5, 1980 The Honorable William S. Cohen United States Senate -5 Dear Senator Cohen: - This letter is in reference to S. 3051, the Government Management and Year-End Procurement Control Act of 1980. In view of our interest in the subject matter of the bill, we offer the following comments. S. 3051 represents an attempt to reform Government management and practices relating to Government contracts essentially by establishing a mechanism that permits the marketplace, rather than contracting personnel, to determine the propriety of a noncompetitive contract award. Before awarding a noncompetitive contract, the bill would require a demonstration based on a real effort to attract competi- tion that no other capable, responsible and interested sup- pliers are available. We expect that in many instances this mandated effort to attract competitors will be fruitful. In this connection, over the years we have received numerous complaints by individuals directly and through their repre- sentatives in the Congress that they are not given sufficient time to prepare proposals in response to announcements that appear in the Commerce Business Daily; we believe that the bill is responsive to this type of complaint. Nevertheless, we note that the bill requires that before awarding a sole-source contract (or one based on an unsolic- ited proposal) the agency determine that the selected firm (or the unsolicited offeror) has an exclusive ability to perform the required work. In contrast, current law allows negotiated purchases of property or services where it is impracticable to obtain competition, 10 U.S.C. § 2304(a) (10) (1976); 41 U.S.C. § 252(c)(10), and the implementing regulations authorize negotiation under that provision when supplies or services can be obtained from only one person ~S7JJQ2~

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