[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 981 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 981

   To limit the period for which the Federal Government may procure 
 property or services using noncompetitive procedures during emergency 
                         and urgent situations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2003

  Mrs. Boxer introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To limit the period for which the Federal Government may procure 
 property or services using noncompetitive procedures during emergency 
                         and urgent situations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Business and Taxpayer Procurement 
Protection Act''.

SEC. 2. LIMITATION ON CONTRACTS AWARDED ON A NONCOMPETITIVE BASIS.

    (a) In General.--Notwithstanding any other provision of law or 
regulation, including the Federal Property and Administrative Services 
Act of 1949, section 2304 of title 10, United States Code, and the 
Federal Acquisition Regulation--
            (1) any procurement for property or services that is not 
        subject to competitive procedures under a provision of law or 
        regulation set forth in subsection (b) may not exceed 90 days; 
        and
            (2) if any property or services procured under the 
        limitations of paragraph (1) are required beyond the 90 days 
        referred to in paragraph (1), such property or services shall--
                    (A) during the 90-day period, be the subject of a 
                full and open competition in accordance with the 
                appropriate law or regulation; and
                    (B) shall not be procured using procedures other 
                than competitive procedures under a provision of law or 
                regulation set forth in subsection (b).
    (b) Applicability.--The provisions of law and regulations referred 
to in subsection (a) are the following:
            (1) Subsections (c)(2), (c)(3)(A), (c)(7), and 
        (d)(1)(B)(ii) of section 303 of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253).
            (2) Subsections (c)(2), (c)(3)(A), (c)(7), and 
        (d)(1)(B)(ii) of section 2304 of title 10, United States Code.
            (3) Any other provision of law or regulation that provides 
        for the use of noncompetitive procedures for the same or a 
        similar reason as those referred to in paragraphs (1) and (2).

SEC. 3. EFFECTIVE DATE.

    This Act shall apply with respect to contracts entered into after 
the date of the enactment of this Act.
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