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091252 1 (1977-09-02)

handle is hein.gao/gaobacuew0001 and id is 1 raw text is: 9A03t 4.4, 017)J 42 4. z7r' 64 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. Z041 SEP 2 1977 The Honorable Lawton Chiles United States Senate Dear [awton: lie have developed arrevised section 509 of S. 1264 which we reconmnend be adopted in kiace of the section containedin the current bill, The revised section will permit waivers of a number of Government surveillance requirements with respect to contractors' profit centers which have more than 75 percent of their sales under comiercial and/or competitive Government firm tixed-price contracts. Price must be a deciding factor in the award for Government sales to be considered as competitive and waivers will uiot be permitted if other types of Government sales are over $10,000,000. The other sales would be made up of various types of contracts whose prices were based on estimated or actual costs. The revised section 509 we suggest Is as follows. GOVERIMENT SURVEILLANCE REQUIREMENTS Section 509. (a) Notwithstanding any other provisions of law, an agency head may, In his discretion, waive the requirements listed in 509(c) below for that part of a contractor's operation which is sepa- rately managed and accounted for if, for the contractor's most recent fiscal year, more than 75 percent of the business of the activity as measured by total costs incurred is conducted under commercial and/or competitive Government contracts. To be considered competitive, the Government contracts must be firm fi:ed-price with price the deciding factor in the award. () Thewaiver provided in 509(a) shall not be granted if the contractor's activity involved had costs incurred of over $10,000,000, for the contrector's most recent fiscal year, under other Government contracts where the contract prices were based on estimated or actual costs. This category would include such contracts as cost reimburse- ment contracts, firm fixed-prie contracts negotiuted without price competition, fixed-price incentive contracts, and time and material contracts.

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