TOM STEED, Oklahoma COMMITTEE ON SMALL BUSINESS NEAL SMITH, Iowa, Chairman JOHN D. DINGELL, Michigan FERNAND J. ST GERMAIN, Rhode Island HENRY B. GONZALEZ, Texas FREDERICK W. RICHMOND, New York ALVIN BALDUS, Wisconsin HENRY J. NOWAK, New York THOMAS A. LUKEN, Ohio IKE SKELTON, Missouri BILLY LEE EVANS, Georgia DOUG BARNARD, JR., Georgia TONY P. HALL, Ohio JOSEPH M. MCDADE, Pennsylvania WILLIAM S. BROOMFIELD, Michigan LYLE WILLIAMS, Ohio OLYMPIA J. SNOWE, Maine DOUGLAS K. BEREUTER, Nebraska ROBERT I. BRICKMAN, Subcommittee Counsel DOUGLAS L. FRANCISCO, Minority Subcommittee Professional Staff Member CONTENTS Cantey, Wilbert E., Director, Office of Small and Disadvantaged Business Utilization, Department of Transportation - - - Clement, William A., Jr., Associate Administrator for Minority Small Business and Capital Ownership Development, Small Business Administration; accompanied by Bernard Kulik.. Clinkscales, Richard, Director, Office of Small and Disadvantaged Business Utilization, Department of Health, Education, and Wel- fare; accompanied by Edward Rhodes, Deputy Assistant Secretary Currie, James D., Acting Administrator, Office of Federal Procure- ment Policy, Office of Management and Budget; accompanied by Thomas F. Williamson, Associate Administrator for Acquisition Law, Office of Federal Procurement Policy.. Harvey, Thomas E., Principal Deputy, Assistant Secretary of the Navy for Logistics, Department of the Navy- McBride, Gerald, Assistant Administrator for Acquisition Policy, General Services Administration; accompanied by William F. Madison, Director, Office of Small and Disadvantaged Business Patterson, Charles T., Staff Director, Small and Disadvantaged Business Utilization, Defense Logistics Agency- Rellins, Donald E., Director, Small and Disadvantaged Business Utilization, Office of the Secretary of the Air Force, Department Schooling, Roy L., Assistant Deputy for Procurement Procedures, Office of the Assistant Secretary of the Army, Department of the Trimble, Robert F., Director, Contracts and Systems Acquisition Office of the Deputy Under Secretary of Defense for Research and Engineering-Acquisition Policy. Additional material supplied for the hearing record- Cantey, Wilbert E., Director, Office of Small and Disadvantaged Business Utilization, Department of Transportation: Prepared state- Clement, William A., Jr., Associate Administrator for Minority Small Business and Capital Ownership Development, Small Business Exceptions to DAC-76-19 and comments and suggested changes Letters on the analysis of the goals by SBA. Table: Where $900,000,000 comes from by agency. Clinkscales, Richard, Director, Office of Small and Disadvantaged Business Utilization, Department of Health, Education, and Wel- fare: Prepared statement and attachments.. Currie, James D., Acting Administrator, Office of Federal Procure- ment Policy, Office of Management and Budget: Prepared state- Harvey, Thomas E., Principal Deputy, Assistant Secretary of the Additional Material supplied for the hearing record-Continued McBride, Gerald, Assistant Administrator for Acquisition Policy, Prepared statement____ Remarks, letter, and status report. Responses to questions submitted to Mr. McBride by Chairman Patterson, Charles T., Staff Director, Small and Disadvantaged Busi- Trimble, Robert F., Director, Contracts and Systems Acquisition, APPENDIXES Appendix A.-General Services Administration: Exhibit 1: Instructions regarding implementation of Public Law 95-507_ Representative subcontracting plans: Exhibit 2.. Exhibit 3.. Exhibit 4.. Page 58 89 58 48 43 37 94 263 266 292 299 Exhibit 5 Appendix B.-Department of Transportation: Exhibit 2 Exhibit 3---- Appendix C.-Department of Defense: Exhibit 1: Defense logistics agency. 308 313 319 347 439 741 Exhibit 4: Department of the Air Force... 1015 IMPLEMENTATION OF SUBCONTRACTING PROVISIONS OF PUBLIC LAW 95-507 (Part 2) TUESDAY, FEBRUARY 19, 1980 HOUSE OF REPRESENTATIVES, AND MINORITY ENTERPRISE OF THE The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2359A, Rayburn House Office Building, Hon. John J. LaFalce (chairman of the subcommittee) presiding. Mr. LAFALCE. The Subcommittee on General Oversight and Minority Enterprise will come to order. OPENING STATEMENT OF CHAIRMAN LAFALCE Mr. LAFALCE. First, I would like to apologize to everyone present. I like to be on time, but the Banking Committee, of which I am a member, was having a markup session today on my bill, and I had to be there. We just concluded. This morning's hearing is a followup to our December 4, 1979, hearing at which we reviewed the then unsatisfactory performance of the Federal agencies with respect to their implementation of the subcontracting provisions of Public Law 95-507. Since that time, considerable corrective activity has taken place, including a memorandum from President Carter to the heads of all departments and agencies. In addition to calling their attention to the subcontracting provisions of Public Law 95-507, the President directed each head to: Review the performance of your agency with regard to the subcontracting provision of the law, and take every action required to insure that, henceforth, no contract covered by the provisions of this law is let by your agency which does not have the subcontracting plan. This morning, we have with us many of the agencies which appeared on December 4 that we may learn precisely what actions have been taken and are contemplated with respect to the subcontracting provisions of this new law. While the subcommittee's initial inclination was to hold this hearing in April or May, the apparent neglectful performance by GSA has precipitated our convening this hearing at an earlier date. GSA had, in response to followup questions submitted in connection with the December 4 hearing, advised the subcommittee, by letter dated January 29, that it had issued 93 solicitations without the (1) required subcontracting notice, and 61 contracts valued at over $460 million without the required subcontracting plans. These data were subsequently supplemented and amended by letter dated February 7 to reflect merely 58 contracts awarded which were valued at approximately $400 million. This counterpoints with the remaining four civilian agencies testifying at our last hearing, all of whom have subsequently indicated to us that no deficient solicitations or contracts have gone out since our last hearing. As a result of their response to our questions, as well as their testimony at our last hearing, we have not called back the Department of the Interior nor the Veterans' Administration, both of which appear to have the implementation of the subcontracting provisions well under control. At this morning's hearing, we plan to review with the agencies the steps that they are taking to insure full implementation of this new law, and to review with them problems they may be encountering. I hope that this hearing proves productive both for the subcommittee as well as the representatives of each of the agencies. Dr. Carter, do you have a statement? Mr. CARTER. Thank you, Mr. Chairman. Yes, sir. I want to thank you for calling these meetings on Public Law 95– 507. I was not able to be at the December meeting, much as I would have liked to be there. However, I read your testimony, and I must say that I was greatly disappointed. The prepared remarks were uninformative and the responses to the questions were unenlightening. It seems to me that this law has been the law of the land long enough so that the agencies before us in December and today have had ample time to implement this program as the Congress intended it to do. Thank you, Mr. Chairman. Mr. LAFALCE. It is my intent to move rather quickly, but proceed in the following fashion. We have three panels. The first is of administrative agencies; the second is of the military agencies; the third is of civilian agencies. With that in mind, I would like to call to the table the Office of Federal Procurement Policy and the Small Business Administration. Mr. Currie, would you please proceed. TESTIMONY OF JAMES D. CURRIE, ACTING ADMINISTRATOR, OFFICE OF FEDERAL PROCUREMENT POLICY, OFFICE OF MANAGEMENT AND BUDGET; ACCOMPANIED BY THOMAS F. WILLIAMSON, ASSOCIATE ADMINISTRATOR FOR ACQUISITION LAW, OFFICE OF FEDERAL PROCUREMENT POLICY Mr. CURRIE. Thank you, Mr. Chairman. On my left is Thomas F. Williamson, the Associate Administrator for Acquisition Law in the Office of Federal Procurement Policy. I will try to limit my comments to just some highlights of my testimony, as you requested. Mr. LAFALCE. That will be fine. Without objection, your entire prepared statement will be inserted |