[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1844 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1844

To provide for full and open competition for Federal contracts related 
    to Hurricane Katrina and Hurricane Rita reconstruction efforts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

  Mr. Vitter introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for full and open competition for Federal contracts related 
    to Hurricane Katrina and Hurricane Rita reconstruction efforts.

    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 ``Hurricane Katrina and Hurricane Rita 
Fairness in Contracting Act of 2005''.

SEC. 2. COMPETITION REQUIREMENTS.

    In entering into a contract to procure property or services in 
connection with Hurricane Katrina or Hurricane Rita reconstruction 
efforts, the head of an executive agency shall comply with the 
requirements under section 303 of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253), except that the 
exceptions to the requirement for competitive procedures provided under 
paragraphs (3), (4), and (7) of subsection (c) of such section shall 
not apply to such contract.

SEC. 3. WRITTEN APPROVAL FOR USE OF NON-COMPETITIVE PROCEDURES REQUIRED 
              FOR CERTAIN CONTRACTS.

    (a) Approval Required.--The head of an executive agency may enter 
into a contract to procure property or services in connection with 
Hurricane Katrina or Hurricane Rita reconstruction efforts using other 
than full and open competition only upon the written approval of the 
President or the President's designee.
    (b) Congressional Notification Required.--In any case in which 
procedures other than full and open competitive procedures are to be 
used to enter into such a contract, the head of such executive agency 
shall submit not later than 7 calendar days before the award of the 
contract a notification to the Committee on Appropriations of the 
Senate, the Committee on Appropriations of the House of 
Representatives, and the standing committees of the Senate and the 
House of Representatives that have jurisdiction over the executive 
agency. Such notification shall provide the justification for use of 
other than full and open competitive procedures, a brief description of 
the contract's scope, the amount of the contract, a discussion of how 
the contracting agency identified and solicited offers from 
contractors, a list of the contractors solicited, and the justification 
and approval documents (as required under section 303(f)(1) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253(f)(1)) on which was based the determination of use of procedures 
other than full and open competitive procedures.
    (c) Scope of Requirements.--
            (1) Size of contracts.--This section shall not apply to 
        contracts of less than $5,000,000.
            (2) Applicability.--This section also shall apply to any 
        extension, amendment or modification of contracts for the 
        procurement of property or services in connection with 
        Hurricane Katrina or Hurricane Rita reconstruction efforts 
        entered into prior to the enactment of this Act using other 
        than full and open competitive procedures.
            (3) Small business exception.--This section shall not apply 
        to contracts authorized by the Small Business Act (15 U.S.C. 
        631 et seq.).

SEC. 4. DISCLOSURE REQUIRED.

    (a) Publication and Public Availability.--
            (1) In general.--The head of an executive agency that 
        enters into a contract for the procurement of property or 
        services in connection with Hurricane Katrina or Hurricane Rita 
        reconstruction efforts through the use of other than full and 
        open competitive procedures shall publish in the Federal 
        Register or Federal Business Opportunities, and otherwise make 
        available to the public not later than 7 calendar days before 
        the date on which the contract is entered into, the following 
        information:
                    (A) The amount of the contract.
                    (B) A brief description of the scope of the 
                contract.
                    (C) A discussion of how the executive agency 
                identified, and solicited offers from, potential 
                contractors to perform the contract, together with a 
                list of the potential contractors that were issued 
                solicitations for the offers.
                    (D) The justification and approval documents (as 
                required under section 303(f)(1) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 253(f)(1)) on which was based the determination 
                to use procedures other than competitive procedures.
            (2) Scope of requirements.--
                    (A) Size of contracts.--This section shall not 
                apply to contracts of less than $5,000,000.
                    (B) Applicability.--This section shall also apply 
                to any extension, amendment, or modification of 
                contracts entered into prior to the enactment of this 
                Act using other than full and open competitive 
                procedures.
                    (C) Small business exception.--This section shall 
                not apply to contracts authorized by the Small Business 
                Act (15 U.S.C. 631 et seq.).
    (b) Relationship to Other Disclosure Laws.--Nothing in this section 
shall be construed as affecting obligations to disclose United States 
Government information under any other provision of law.

SEC. 5. CONTRACTS ENTERED INTO UNDER UNUSUAL AND COMPELLING URGENCY 
              EXCEPTION.

    (a) Requirement for Performance Within 6-Month Period.--The head of 
an executive agency may not rely on the exception provided under 
section 303(c)(2) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(c)(2)) to enter into a contract to procure 
property or services in connection with Hurricane Katrina or Hurricane 
Rita reconstruction efforts using procedures other than competitive 
procedures unless the contract will be performed within a 6-month 
period.
    (b) Extended Notification and Disclosure Deadlines.--The 
notification and disclosure deadlines specified in section 3(b) and 
section 4(a)(1), respectively, shall be 7 calendar days after the date 
a contract is entered into in the case of a contract described in 
subsection (a).

SEC. 6. DEFINITIONS.

    In this Act, the terms ``full and open competitive procedures'' and 
``executive agency'' have the meanings given such terms in section 4 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403).
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