[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.

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