[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9619-S9623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE PROCUREMENT REGULATIONS
Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the
following notice be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Senate Procurement Regulations
(Adopted by the Committee on Rules and Administration on December 19,
2022)
Pursuant to jurisdiction over the payment of money from the
contingent fund of the Senate, as set forth in 2 U.S.C.
Sec. 6503 and Rule XXV of the Standing Rules of the Senate,
the Senate Committee on Rules and Administration hereby
establishes the following Senate Procurement Regulations.
These Regulations govern the procurement of personal property
and non-personal services with appropriated and revolving
account funds in the Senate. These Regulations replace and
supersede the Senate Procurement Regulations approved by the
Rules Committee on December 31, 1998, as amended on September
13, 1999.
Part 1
GENERAL PROVISIONS
1.1 Definitions
Unless a different definition is prescribed for a specific
portion of these Regulations or the context clearly requires
a different meaning, the following definitions apply:
``Approval authority'' means a person who is authorized to
approve a procurement within the limits specified in these
Regulations. Approval authorities include Senators, chairs of
Senate committees, and officers of the Senate.
``Acquisition'' means the acquiring by contract of supplies
or services by and for the use of the Senate through purchase
or lease, whether the supplies or services are already in
existence or must be created, developed, demonstrated, and
evaluated. Acquisition begins at the point when needs are
established and includes the description of requirements to
satisfy needs, solicitation and selection of sources, award
of contracts, contract financing, contract performance,
contract administration, and those technical and management
functions directly related to the process of fulfilling
Senate needs by contract.
``Business day'' excludes Saturdays, Sundays and Federal
holidays.
``Chair'' means the Chair of the Senate Committee on Rules
and Administration.
``Commercial item'' means an item customarily used by the
general public or for nongovernmental purposes that (1) has
been sold, leased, or licensed to the general public; (2) has
been offered for sale, lease, or license to the general
public; or (3) has evolved from a commercial item through
advances in technology or performance and that is not yet
available to the general public, but will be available in the
commercial marketplace in time to satisfy the delivery
requirements under a Senate solicitation. The term includes
services associated with supporting commercial items and
services of a type offered or sold competitively in
substantial quantities in the commercial marketplace on the
basis of established catalog or market prices for specific
tasks performed under standard commercial terms and
conditions.
``Contract'' means a mutually binding legal relationship
obligating the seller to furnish supplies or services and the
buyer to pay for such supplies or services. It includes all
types of commitments that obligate the Senate to an
expenditure of appropriated funds and that, except as
otherwise authorized, are made in writing. In addition to
bilateral instruments, contracts include (but are not limited
to) awards and notices of awards; orders issued under basic
ordering agreements; letter contracts; orders, such as
purchase orders, under which the contract becomes effective
by written acceptance or performance; and bilateral contract
modifications.
``Contract modification'' means any written change to the
terms of the contract through one of the following types of
contract actions:
(a) Bilateral. A bilateral modification (supplemental
agreement) is a contract modification that is signed by the
contractor and the contracting officer. Bilateral
modifications are used to:
(1) Make negotiated equitable adjustments resulting from
the issuance of a change order; and
(2) Reflect other agreements of the parties modifying the
terms of contracts.
(b) Unilateral. A unilateral modification is a contract
modification that is signed only by the contracting officer.
Unilateral modifications are used, for example, to:
(1) Make administrative changes;
(2) Issue change orders;
(3) Make changes authorized by clauses other than a changes
clause; and
(4) Issue termination notices.
``Contracting officer'' means a person delegated authority
by the Senate Sergeant at Arms or the Secretary of the
Senate, to enter into, administer, and/or terminate contracts
and make related determinations and findings on behalf of the
Senate.
``Contracting officer representative'' means an individual
designated and authorized in writing by the contracting
officer to perform specific technical or administrative
functions to assist in the technical monitoring or
administration of a contract. A contracting officer
representative is nominated by the approval authority and
appointed by a contracting officer.
``Cost-plus-a-percentage-of-cost contract'' means contracts
under which a contractor receives reimbursement of its actual
costs, plus payment of a percentage of those actual costs as
profit.
``Day'' means, unless otherwise specified, a calendar day.
``Governmentwide acquisition contract'' (GWAC) means a
task-order or delivery-order contract for information
technology established by one agency for governmentwide use.
``Governmentwide point of entry'' (GPE) means the single
point where government business opportunities, including
synopses of
[[Page S9620]]
proposed contract actions, solicitations, and associated
information, can be accessed electronically by the public.
The GPE is located at https://sam.gov/.
``GSA eBuy'' is an electronic Request for Quotation system
designed to allow ordering activities to post requirements,
obtain quotes, and issue orders for services and products
offered through the U.S. General Services Administration's
(GSA) multiple award schedule and GSA technology contracts.
``Indefinite delivery indefinite quantity contract'' (IDIQ)
means a type of contract that provides for an indefinite
quantity of supply or services during a fixed period of time.
These contracts are used when the Senate cannot determine the
exact time, or the precise quantities of products or services
that it will need. These contracts are awarded for a base
year and option years and allow the Senate to place delivery
orders or task orders against the base contract for
individual requirements. An IDIQ contract may specify a
minimum quantity that should not exceed an amount that the
Senate is fairly certain to order; a maximum quantity under
each task or delivery order and for all orders during
specific periods of time (base year, option year, total
contract period of performance); and ordering procedures
that, in a multi-award IDIQ contract, provide an opportunity
for all contract holders to respond to task order requests.
``Interested party'' means an actual or prospective bidder
or offeror whose direct economic interest would be affected
by the award of a contract or by the failure to award a
contract. After the submission of proposals, an interested
party must be an actual bidder or offeror with a direct
economic interest.
``Lowest price technically acceptable'' means a source
selection process in which award is made on the basis of the
lowest evaluated price of proposals meeting or exceeding the
acceptability standards for non-cost factors.
``Micro-purchase'' means an acquisition the aggregate
amount of which does not exceed the micro-purchase threshold
which is established at $10,000.
``Multiple year contract'' means a contract having a term
of more than one (1) year separated by option periods not to
exceed one year each.
``Multi-year contract'' means a contract for the purchase
of supplies or services for more than one (1), but not more
than five (5), program years. A multi-year contract may
provide that performance under the contract during the second
and subsequent years of the contract is contingent upon the
appropriation of funds, and, if it does so provide, may
provide for a cancellation payment to be made to the
contractor if appropriations are not made. The key
distinguishing difference between multi-year contracts and
multiple year contracts is that multi-year contracts buy more
than one (1) year's requirement of a product or service
without establishing and having to exercise an option for
each program year after the first.
``Option'' means a unilateral right in a contract by which,
for a specified time, the Senate may elect to purchase
additional supplies or services called for by the contract,
or may elect to extend the term of the contract.
``Personal services contract'' means a contract that, by
its express terms or as administered, makes the contractor
personnel appear to be, in effect, Senate employees.
``Procurement(s)''. See ``Acquisition.''
``Procurement Procedures'' mean those procedures issued by
the Senate Sergeant at Arms, in consultation with the
Secretary of the Senate, subject to the approval of the Chair
acting on behalf of the Rules Committee, governing the
acquisition of supplies or services processed by the Senate
Sergeant at Arms or the Secretary of the Senate.
``Property'' means personal property, as opposed to real
property.
``Ratification'' means the act of approving an unauthorized
commitment by an official who has the authority to do so.
``Rules Committee'' means the Senate Committee on Rules and
Administration.
``Services'' means non-personal services; personal service
contracts are prohibited unless specifically authorized by
the Senate. See 2 U.S.C. 6505.
``Shall'' means the imperative.
``Small purchase'' means an acquisition in an aggregate
amount that exceeds $10,000, but does not exceed $100,000.
``Simplified acquisition'' is a contracting method for
acquisitions in an aggregate amount that exceeds $100,000 but
does not exceed $250,000 or, in the case of commercial items,
does not exceed $7,500,000, which reduces the amount of
paperwork associated with solicitation and evaluation of
offers.
(a) When soliciting proposals or quotations in a simplified
acquisition procurement, the contracting office may publish a
single synopsis/solicitation, and shall provide a reasonable
response period that may be less than thirty (30) days.
(b) When selecting a contractor in a simplified acquisition
procurement, there is no requirement for a formal evaluation
plan, establishing a competitive range, or conducting
discussions. The contracting officer has broad discretion to
establish suitable evaluation procedures, which shall be
disclosed in the combined synopsis/solicitation.
(c) The contracting officer may choose the successful
offeror.
(d) Documentation may be kept to a minimum. The contracting
officer shall record a determination of price reasonableness,
supporting documentation such as abstracts of prices and, if
other than price-related factors were considered, and a
narrative statement reflecting the basis for the award
decision.
``Unauthorized commitment'' means an agreement that is not
binding upon the Senate solely because the representative who
made it lacked the authority to enter into that agreement on
behalf of the Senate.
``Unauthorized contract award'' means a contract award made
without the approvals required by these Regulations, but that
would otherwise have been proper if all necessary approvals
were obtained prior to contract award.
1.2 Authority
(a) Pursuant to 2 U.S.C. 6503 and Rule XXV of the Standing
Rules of the Senate, the Chair, acting on behalf of the Rules
Committee, approves all vouchers that will be charged to the
contingent fund of the Senate. To facilitate the approval of
vouchers, all expenses to be approved by the Chair must be
incurred in accordance with these Regulations.
(b) The Senate Sergeant at Arms shall be responsible for
processing procurements, including procurements initiated by
Senate committees of more than $100,000, through the Senate
Sergeant at Arms Acquisition Office, as set forth in these
Regulations. The Secretary of the Senate shall be responsible
for procurements initiated by the Secretary of the Senate,
but may utilize the Sergeant at Arms Acquisitions Office to
assist with processing such procurements.
(c) All additional procedures to be issued by the Senate
Sergeant at Arms, in consultation with the Secretary of the
Senate, pursuant to these Regulations, must be approved by
the Rules Committee before taking effect.
1.3 Exceptions
These Regulations apply to all Senate procurements except--
(a) Procurement of consultant services by the Majority and
Minority Conference Committees of the Senate pursuant to 2
U.S.C. 6157; by the Standing Committees of the Senate
pursuant to 2 U.S.C. 4301; by the Majority Leader, Minority
Leader, Secretary of the Senate, or Legislative Counsel of
the Senate pursuant to 2 U.S.C. 6501; or by the Senate
Sergeant at Arms pursuant to 2 U.S.C. 6599;
(b) Procurements by the Secretary of the Senate for
supplies pursuant to 2 U.S.C. 4102-4106, 6572; or for the
operation of the Senate Gift Shop pursuant to 2 U.S.C. 6576;
or for substitute or temporary reporters of debates or expert
transcribers pursuant to 2 U.S.C. 6544;
(c) Procurements that involve funds in a Senator's official
personnel and office expense account;
(d) Procurements of $100,000 or less that involve funds in
a Senate committee account;
(e) Procurements of access to digital or print
subscriptions to news media services;
(f) Procurements of access to digital or print
subscriptions to research databases or related services;
(g) Procurements of utility services (including but not
limited to internet, frame relay, cellular,
telecommunication, or satellite services, and related devices
bundled with such services) that are recurring in nature or
are reimbursed to the Senate Sergeant at Arms from office or
other official expense accounts over which they have general
authority to expend funds;
(h) Procurements of utility services (including, but not
limited to internet, frame relay, cellular,
telecommunications, or satellite services and related devices
bundled with such services) for the Senate Sergeant at Arms;
(i) Leases for Senators' home state offices space pursuant
to 2 U.S.C. 6317 and funded by the Senate Sergeant at Arms
and signed for by a Senator directly;
(j) Reimbursement of the Department of Homeland Security,
Federal Protective Service, for security services for
Senators' state offices located in GSA facilities;
(k) Acquisition of furniture, equipment, and office
furnishings provided by GSA pursuant to 2 U.S.C. 6317, in
addition to any space alteration performed by the GSA; and
(l) When the exigencies of the Senate require deviation
from these Regulations, as evidenced by written authorization
from the Chair, acting on behalf of the Rules Committee.
1.4 Rules Committee Approval
(a) The following procurements may be processed without the
prior approval of the Chair.
(1) Procurements by Senate committees in the amount of
$100,000 or less.
(2) Procurements by Senate committees that exceed $100,000,
and are made through the Acquisition Office of the Senate
Sergeant at Arms, subject to these Regulations and the Senate
Sergeant at Arms Procurement Procedures.
(3) Procurements made through purchase cards (including
Economic Allocation Fund purchase cards, Senate travel cards,
and purchase cards), in accordance with applicable
regulations approved by the Rules Committee.
(4) Procurements approved by the Senate Sergeant at Arms or
Secretary of the Senate, as follows--
(i) Initial contract awards or purchase orders in the
amount of $500,000 or less.
(ii) In-scope contract modifications in the amount of
$100,000 or less; or where the amount of the modification,
combined with any prior modifications, is less than twenty
(20) percent of the previously approved contract award
amount, whichever is greater.
[[Page S9621]]
(iii) With reasonable prior notification to the Rules
Committee--
(A) Awards of Senate IDIQ contracts without funding;
(B) The exercise of an existing priced optional task or
option period in the amount of between $500,000 and
$1,000,000, that was not previously approved by the Rules
Committee;
(C) Not exercising a previously approved contract option
period previously approved by the Chair; or
(D) The issuance of a task, delivery order or call in the
amount of between $500,000 and $1,000,000 against a GSA
Schedule contract; a Senate IDIQ contract; an agency's GWAC;
or any other U.S. Government contract available for Senate
use.
(b) All other procurements, including multi-year contracts
of any amount, that are not otherwise exempt from these
Regulations, must be approved in advance by the Chair, acting
on behalf of the Rules Committee.
1.5 Delegation of Authority
With the approval of the Chair, acting on behalf of the
Rules Committee, the Secretary of the Senate and Senate
Sergeant at Arms may delegate procurement authority. Such
delegations shall be in writing and shall state the limits of
the procurement authority to be delegated.
1.6 Required Procedures
(a) Procurements by Senate Personal Offices are exempt from
these Regulations. However, for procurements exceeding
$10,000, Senate Personal Offices are encouraged to seek the
assistance of the Acquisition Office of the Senate Sergeant
at Arms.
(b) Procurements by Senate committees in the amount of
$100,000 or less are exempt from these Regulations. However,
for procurements exceeding $10,000, Senate committees are
encouraged to seek the assistance of the Acquisition Office
of the Senate Sergeant at Arms.
(c) The Senate Sergeant at Arms shall issue the Sergeant at
Arms Procurement Procedures, in consultation with the
Secretary of the Senate, subject to the approval of the
Chair, acting on behalf of the Rules Committee, governing the
acquisition of supplies or services processed by the Senate
Sergeant at Arms or the Secretary of the Senate, as follows--
(1) Micro-purchase procedures governing procurements of
$10,000 or less, in accordance with the policies set forth in
paragraph 2.2(a);
(2) Small purchase procedures governing procurements that
exceed $10,000 but do not exceed $100,000, in accordance with
the policies set forth in paragraph 2.2(b); and
(3) Simplified acquisition procedures governing
procurements that exceed $100,000 but do not exceed $250,000
or, in the case of commercial items, does not exceed
$7,500,000, in accordance with the policies set forth in
paragraph 2.2(c).
1.7 Waiver of These Regulations
The Chair, acting on behalf of the Rules Committee, may
grant a waiver to any provision of these Regulations, as
required to meet the needs of the Senate, consistent with
applicable law, Standing Rules of the Senate, and Standing
Orders of the Senate.
1.8 Prohibition on Splitting Procurements
Requirements shall not be split into multiple smaller
procurements in order to keep the value within any approval
limits or required regulation limits set forth in these
Regulations. During acquisition planning, every reasonable
effort shall be made to anticipate and include within a
procurement all subsequent requirements for the same products
or services within the same fiscal year.
1.9 Personal Services Contracts Prohibited
Contracts for personal services are not permitted under
these Regulations, unless specifically authorized by the
Senate, pursuant to 2 U.S.C. 6505 or other applicable law.
1.10 Ratification of Unauthorized Contract Awards
All contracts shall be entered into with appropriate
authorization. An unauthorized contract award, if otherwise
proper, may be ratified in writing by an approval authority
with the authority to award the contract pursuant to these
Regulations.
1.11 Conflict of Interest
Transactions relating to the expenditure of public funds
require the highest degree of public trust. In dealing with
contractors, Senate personnel are subject to the Senate Code
of Official Conduct and applicable law, and should make every
effort to avoid even the appearance of impropriety or of a
conflict of interest. Their official conduct should be such
that they would have no reluctance to make a full public
disclosure of their actions.
1.12 Contracts with Business Concerns Substantially Owned or
Controlled by Senate Employees
Contracts between the Senate and employees of the Senate or
business concerns or organizations substantially owned or
controlled by Senate employees shall be avoided. Exceptions
may be made only with the approval of the Chair, acting on
behalf of the Rules Committee, consistent with applicable
laws and the Senate Code of Official Conduct. In addition,
Senate employees shall not participate in any decision,
recommendation, award, or other activity regarding a contract
with a business concern or organization in which they have a
financial interest and are prohibited from such activity if
their financial interest represents a substantial portion of
the holdings or assets of the Senate employee.
1.13 Protection of Sensitive Information
Personal, proprietary, or Senate procurement information
are considered ``sensitive'' information and shall not be
released to the public.
1.14 Firms or Individuals Ineligible for Federal Contracts
The governmentwide point of entry provides access to active
exclusion records for organizations and individuals
indicating if they are debarred, suspended, or otherwise
ineligible for the award of contracts above the micro-
purchase threshold by the Senate. Contracts above the micro-
purchase threshold shall not knowingly be awarded to a firm
or individual that are debarred, suspended, or otherwise
ineligible for award. Inquiries may be directed to the
Acquisition Office of the Senate Sergeant at Arms.
1.15 Small Businesses
Procurement of Senate requirements from small business
concerns and small business development programs is
encouraged but not mandated. Small business concerns may be
identified through the Dynamic Small Business Search tool,
available through the Small Business Administration.
1.16 Responsible Prospective Contractors
Contracts shall be awarded only to prospective contractors
that have demonstrated a satisfactory record of past
performance and the capacity, capability, and financial means
to complete the contract.
1.17 Prohibition on Cost-Plus-a-Percentage-of-Cost Contracts
Contracts under which a contractor receives reimbursement
of its actual costs, plus payment of profit as a specified
percentage of the contractor's actual cost of accomplishing
the work, are prohibited. Any fee or profit to be paid to a
contractor shall be negotiated separately and not be computed
as a percentage of actual cost. Contracts shall avoid
computations of fees or profits that may create an incentive
to increase a contractor's reimbursable costs.
Part 2
POLICIES
2.1 Competition
(a) All purchases and contracts shall be made on a
competitive basis to the maximum extent practicable,
consistent with the best interests of the Senate.
Procurements shall be structured to provide an equitable
opportunity to all prospective, qualified contractors to the
maximum extent practicable.
(b) Reasonable acquisition planning and appropriate market
research shall be conducted prior to efforts to compete
Senate procurements.
(c) It is the policy of the Senate that specifications
should be performance-based and should not include features
available from only one vendor, or requirements able to be
met by only one vendor, unless those features or requirements
represent a mandatory requirement of the Senate.
2.2 Micro-purchases, Small Purchases, and Simplified
Acquisition Procedures
(a) Micro-purchases
(1) For Senate procurements of $10,000 or less, the
purchase card should be used to the maximum extent
practicable and require no more than one quote if the
purchase card holder determines that the price is reasonable
and that the procurement has not been split to avoid a
requirement for competition.
(b) Small Purchases
(1) Senate procurements that exceed $10,000 but do not
exceed $100,000 shall be conducted as follows:
(i) The procedures may permit awards on the basis of
documented comparison of at least three competitive
quotations, if available, with or without advertisement on
the GPE or another authorized location for posting
procurement notices.
(c) Simplified Acquisition Procedures
(1) Senate procurements within the simplified acquisition
threshold, that exceed $100,000 but do not exceed $250,000
or, in the case of commercial items, does not exceed
$7,500,000, shall be conducted consistent with the definition
of ``simplified acquisition procedures'' set forth in this
Regulation and as follows:
(i) The procedures may require advertisement, if required
by the Rules Committee, of procurement opportunities on the
GPE or another authorized location for posting procurement
notices (e.g. GSA eBuy), which may be in the form of a
combined synopsis/solicitation or special notice, and may
provide for any reasonable response time, which may be fewer
than thirty (30) days.
(ii) The procedures shall provide for the use of simplified
acquisition procedures for purchases of commercial items up
to $7,500,000.
(iii) If a lowest price technically acceptable source
selection process is used, a request for quotations can be
issued in writing to a minimum of three vendors.
2.3 Procurements Exceeding the Simplified Acquisition
Threshold
(a) Senate procurements in amounts that exceed the
simplified acquisition threshold set forth in section 2.2,
shall be conducted on the basis of full and open competition,
to the extent practicable, and the Rules Committee may
require that the procurement be advertised on the GPE for a
period of not less than thirty (30) days, unless an exception
to this requirement applies. If a lowest price technically
acceptable source selection process is
[[Page S9622]]
used, a request for quotation can be issued in writing to a
minimum of three vendors.
(b) Negotiated Procurements
(1) In conducting negotiated procurements, the Senate
Sergeant at Arms or the Secretary of the Senate, as
appropriate, may issue a request for proposal that contains
necessary contractual provisions and describes the Senate's
requirements and the basis upon which the successful offeror
will be selected, and soliciting proposals.
(2) Alternatively, the Senate Sergeant at Arms or the
Secretary of the Senate, as appropriate, may publish a
sources sought notice or a request for information (RFI) in
order to identify firms or individuals from whom proposals
may be solicited. The notice or RFI shall summarize the
Senate's requirements and solicit abbreviated descriptions of
contractor capabilities and experience and may include other
information including sample pricing, the Senate Sergeant at
Arms or Secretary of the Senate, as appropriate, deems
necessary. The notice or RFI may advise that requests for
proposals be issued only to those respondents determined to
be the best qualified in accordance with the criteria set
forth in the notice or RFI.
(3) Competitive Range and Discussions
(i) After receipt and evaluation of initial proposals from
a Senate Sergeant at Arms or Secretary of the Senate, as
appropriate, issued request for proposal, the Senate Sergeant
at Arms or Secretary of the Senate, as appropriate, may
establish a competitive range consisting of only the highest-
rated proposals, and may conduct exchanges limited to those
offerors whose proposals are within the competitive range.
(ii) Offerors whose proposals are not selected for the
competitive range shall be given prompt notice.
(c) Requests for Quotations
(RFQ) and Invitations for Bids
(1) If the Senate Sergeant at Arms or Secretary of the
Senate, as appropriate, concludes, during acquisition
planning, that discussions with the offerors will not be
required, the Senate Sergeant at Arms or Secretary of the
Senate, as appropriate, may issue a RFQ or invitation for
bids.
(d) GSA Schedules
(1) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, may, without prior publication of a
procurement notice, procure supplies and services from the
GSA Schedules if the proposed contract or order will be
issued to the schedule vendor representing the best value to
the Senate, price and other factors considered.
(2) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, may order products or services from
the GSA Schedules, in accordance with prescribed GSA
procedures which shall be considered to meet the requirements
of full and open competition under these Regulations.
(3) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, shall seek competitive pricing to the
degree practicable, in accordance with GSA procedures.
Evidence of compliance with GSA procedures when using GSA
eBuy and the basis for any best-value tradeoff determination
shall be recorded in the contract file.
(e) Senate IDIQ Contracts and Agreements, and other
Agency's GWACs
(1) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, may, without prior publication of a
procurement notice, procure supplies and services from Senate
single-award; multiple-award IDIQ contracts or blanket
purchase agreements; or other agencies' GWACs in accordance
with terms and conditions of those contracts.
(2) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, shall ensure that all holders of
multiple-award contracts are considered for the issuance of
the task order, and that competitive pricing is obtained.
(3) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, shall record the basis for any best-
value tradeoff determination in the contract file.
(f) Unsuccessful Offerors
(1) The Senate Sergeant at Arms or the Secretary of the
Senate, as appropriate, shall give unsuccessful offerors
prompt notice that their quotations or proposals were not
accepted, normally within five (5) business days of the
contract award.
(2) If an unsuccessful offeror submits a request, and such
request is received by the Senate Sergeant at Arms or the
Secretary of the Senate, as appropriate, within three (3)
business days of the notice required in paragraph 2.3(f)(1),
the Senate Sergeant at Arms or the Secretary of the Senate,
as appropriate, shall provide a brief explanation of the
basis for the award decision. To the maximum extent
practicable, the brief explanation should be furnished within
ten (10) business days after receipt of the written request.
2.4 Records of Contract Actions
All actions taken with respect to a contract, including
final disposition, shall be documented in a contract file. To
the extent that existing documents do not reflect all actions
taken, a signed and dated contemporaneous memoranda or
summary statement describing such contract actions shall be
prepared and retained in the contract file.
2.5 Contract Clauses
The contracting officers shall ensure that all Senate
contracts include all clauses necessary to comply with
applicable Federal law.
Part 3
PROTESTS
3.1 General
(a) Senate procurement actions may be protested by any
interested party on the basis that the procurement action is
improper or in violation of applicable federal law, Senate
rule or Senate Regulation.
(b) No protest under paragraph 3.1(a) is authorized in
connection with the award of a contract or the issuance of a
task order, except:
(1) A protest of a contract award valued in excess of
$100,000.
(2) A protest of a task order valued in excess of
$10,000,000.
(c) Protests of procurement actions shall be addressed to
the Senate Sergeant at Arms or the Secretary of the Senate,
as appropriate, within the time limits prescribed in
paragraph 3.2(b). The Senate Sergeant at Arms or the
Secretary of the Senate, as appropriate, shall respond to all
protests, and take appropriate action to remedy improprieties
to include termination of an awarded contract.
(d) Reimbursement of bid and proposal costs or any fees
associated with a bid protest proceeding as well as payment
for any products or services not provided to the Senate are
not authorized.
3.2 Protest Procedures
(a) Filing a Protest
(1) An interested party protesting a Senate procurement
action as permitted by section 3.1 shall submit such protest,
by email to SAAA[email protected]. A copy of the
protest shall be furnished to the Chair.
(2) Protests shall be concise and logically presented to
facilitate review. Failure to substantially comply with any
of the requirements of paragraph 3.2(a)(3) may be grounds for
dismissal of the protest.
(3) Protests shall include the following information:
(i) Name, address, email, and fax and telephone numbers of
the protester.
(ii) Senate solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds
for the protest, to include a description of resulting
prejudice to the protester.
(iv) Copies of relevant documents.
(v) Request for a ruling by the Senate Sergeant at Arms or
by the Secretary of the Senate, as appropriate.
(vi) Statement as to the form of relief requested.
(vii) All information establishing that the protester is an
interested party for the purpose of filing a protest.
(viii) All information establishing the timeliness of the
protest.
(b) Time for Filing
(1) Protests challenging the propriety of the solicitation
must be filed before the closing date for receipt of initial
proposals. In the case of a negotiated procurement, alleged
improprieties that do not exist in the initial solicitation
but are subsequently incorporated into the solicitation, must
be protested no later than the next closing date for receipt
of proposals following the incorporation.
(2) In cases other than those covered in paragraph
3.2(b)(1), protests must be filed not later than ten (10)
days after the basis for protest is known or should have been
known, whichever is earlier.
(3) Failure to timely file shall be grounds for dismissal
of the protest.
(4) The term ``filed'' as used in this section means
received by the Senate Sergeant at Arms or the Secretary of
the Senate, by email, at the address identified in paragraph
3.2(a). Protests must be filed before 5:00 p.m. (ET), unless
otherwise stated. Protests received after the time limits
prescribed in this section, or by other than email to the
identified email address for filing, will not be considered.
(5) If the end of a filing period measured in days does not
fall on a business day, the next business day shall be the
last day of the period.
(c) Response and Comment
(1) Upon receiving a protest, the Secretary of the Senate
or the Senate Sergeant at Arms, as appropriate, shall
determine whether the protester is an interested party.
(2) The Secretary of the Senate or the Senate Sergeant at
Arms, as appropriate, shall attempt to resolve protests
informally. If this effort is unsuccessful, notice of the
protest shall be made to the successful offeror if award has
been made or, if no award has been made, to all offerors that
appear to have a substantial and reasonable prospect of
receiving an award. Informal resolution shall generally
conclude fifteen (15) days from the filing of the protest.
(3) Following the unsuccessful informal resolution to the
protest, the Secretary of the Senate or the Senate Sergeant
at Arms, as appropriate, shall provide copies of all relevant
and material information submitted by a protestor in support
of the protest to the contractor if the award has been made,
or, if no award has been made, to interested parties, who
appear to have a substantial prospect of receiving an award,
for comment, unless withholding of the information is
required by applicable law or regulation or because the
information is proprietary or solely personal in nature. The
protester shall have the opportunity to redact all
confidential and proprietary information. Allegedly
proprietary or confidential information must be specifically
identified as such wherever it appears, and the statement
must specifically
[[Page S9623]]
address which parties should not be given access to the
information, as well as the basis for restricting the access.
(4) The Secretary of the Senate or the Senate Sergeant at
Arms, as appropriate, shall prepare a response to the protest
as expeditiously as possible following the unsuccessful
informal resolution to the protest. The response shall
generally be finalized within thirty (30) days following the
unsuccessful informal resolution to the protest. A copy of
the response shall be furnished to the protestor and other
interested parties that appear to have a substantial prospect
of receiving an award, who shall be provided an equitable
opportunity for comment, not more than fifteen (15) days
following the issuance of the response noted in paragraph
3.2(c)(4).
(5) Comments must be filed before 5:00 p.m. (ET), unless
otherwise stated. Failure of a protestor or any interested
party to comply with the time limits set in accordance with
this section may result in resolution of the protest without
consideration of comments untimely filed.
(6) If the end of a filing period measured in days does not
fall on a business day, the next business day shall be the
last day of the period.
(d) Withholding of Award
(1) When a protest has been filed before award, the
Secretary of the Senate or Senate Sergeant at Arms, as
appropriate, should not make an award before the protest is
resolved unless the Secretary of the Senate or the Senate
Sergeant at Arms, as appropriate, determines that the item
being procured is urgently needed or other compelling
circumstances exist.
(e) Time for Decision
(1) Every effort should be made to issue a decision on a
protest expeditiously after receipt of all information
submitted by all interested parties. The Secretary of the
Senate or the Senate Sergeant at Arms shall make their best
efforts to resolve protests within one hundred (100) days
after the protest is filed.
(f) Appeals
(1) Any interested party that submitted comments during
consideration of the protest may appeal a decision on the
protest. The appeal shall contain a detailed statement of the
factual and legal grounds upon which reversal or modification
is sought, specifying any errors of law, and shall be
submitted to the Chair, by email to A[email protected].
A copy of the appeal shall be furnished to the Senate
Sergeant at Arms or the Secretary of the Senate, as
appropriate, by email to SAAA[email protected].
(2) Appeals shall be filed no later than ten (10) business
days after the basis for reconsideration is known or should
have been known, whichever is earlier. The term ``filed'' as
used in this section means received by the Rules Committee,
in accordance with paragraph 3.2(f)(1). Appeals must be filed
before 5:00 p.m. (EST), unless otherwise stated. Failure to
comply with the time limits set in accordance with this
section may result in dismissal of the appeal.
(3) The Chair, acting on behalf of the Rules Committee, is
the final decision authority on protests involving a Senate
procurement. At their discretion, the Chair, acting on behalf
of the Rules Committee, may ask the Comptroller General for
an advisory opinion.
(g) Basis for Sustaining a Protest After Award
(1) A protest will not be sustained after contract award
unless it is demonstrated that the protester was prejudiced;
that is, that the protester would have been awarded a
contract but for an impropriety or violation of law,
regulation, or Senate rule, that was identified by the
protest.
(h) Remedies
(1) The Chair, acting on behalf of the Rules Committee,
may, in their discretion, order any appropriate remedy in the
event of a successful bid protest, including:
(i) The solicitation may be modified and procurement
activity resumed.
(ii) An awarded contract may be terminated and procurement
activity resumed.
(iii) An awarded contract may be terminated, and award may
be made to the protestor, if appropriate.
(2) Nothing in these Regulations precludes the termination
or modification of the procurement if such action is deemed
to be in the Senate's best interest.
Part 4
DISPUTES
4.1 General
I. is inevitable that, from time to time, disagreements or
disputes regarding the terms or performance of a contract
will arise between the Senate and its contractors. The prompt
and fair resolution of these matters is in the best interests
of the Senate. Informal resolution of disagreements or
disputes through negotiated agreement is preferred.
4.2 Dispute Procedures
(a) All disputes shall be submitted to
SAAA[email protected].
(b) For contracts up to $100,000, the original approval
authority shall issue a final determination on all unresolved
disputes provided that the determination does not have the
effect of increasing the contract cost beyond the approval
authority's procurement authority plus twenty (20) percent of
the original contract price. Approval authorities may
recommend to the Chair approval of a contractor's claim
exceeding their authority.
(c) For contracts exceeding $100,000, the Secretary of the
Senate or the Senate Sergeant at Arms, as appropriate, shall
issue a final determination on all unresolved disputes
provided that the determination does not have the effect of
increasing the contract cost beyond the approval authorities
set forth in paragraph 1.4(a)(4)(ii). The Secretary of the
Senate or the Senate Sergeant at Arms may recommend to the
Chair, approval of a contractor's claim that exceeds this
authority.
(d) All final determinations from the Secretary of the
Senate or the Senate Sergeant at Arms may be appealed to the
Chair.
(e) Approval authorities shall notify the Secretary of the
Senate or the Senate Sergeant at Arms, as appropriate,
whenever it appears that a significant disagreement or
dispute is incapable of resolution by negotiation and that it
will be necessary to invoke the formal dispute procedures.
(f) All final determinations shall include the following
language:
``This determination is made in accordance with the
disputes clause and shall be final unless, within thirty (30)
business days from the date of its receipt, a written notice
of appeal is filed with the Chair of the Senate Committee on
Rules and Administration and furnished to the approval
authority. The notice of appeal, which must be signed by you
as the contractor or by an attorney acting on your behalf,
and which may be in letter form, shall indicate that an
appeal is intended and shall refer to this document and
identify the contract by number. The notice of appeal shall
include a statement of the reasons why the determination
decision is considered to be erroneous. The Chair of the
Committee on Rules and Administration, acting on behalf of
the Committee, may ask the Comptroller General for a
recommendation on the appeal.''
4.3 Time for Filing a Claim
Claims must be filed within ninety (90) days of the date
the claim accrued.
4.4 Negotiated Resolutions
Approval authorities may negotiate resolutions involving
contract modifications only to the extent such modifications
are within their authority.
4.5 Appeal Authority
The Chair, acting on behalf of the Rules Committee, is the
final authority for review of final decisions regarding
contract disputes and shall be designated as such in all
contracts when the determination has the effect of increasing
the contract cost beyond the approval authorities set forth
in paragraph 1.4(a)(4)(ii). The Chair, acting on behalf of
the Rules Committee, may ask the Comptroller General for an
advisory opinion.
4.6 Time for Appeals
(a) Appeals from a final determination must be filed with
the Chair within thirty (30) business days of the appellant's
receipt of the determination in order to be considered by the
Chair. For the purposes of this section, ``filed'' means
received by the Rules Committee. Appeals must be filed before
5:00 p.m. (ET), unless otherwise stated.
(b) If the end of a filing period measured in days does not
fall on a business day, the next business day shall be the
last day of the period.
(c) Failure to comply with the time limits set in
accordance with this section may result in dismissal of the
appeal.
____________________