[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3702 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3702

To provide for full and open competition for Federal contracts related 
              to natural disaster reconstruction efforts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2008

  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 natural disaster 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 ``Natural Disaster Fairness in 
Contracting Act of 2008''.

SEC. 2. COMPETITION REQUIREMENTS.

    In entering into a contract to procure property or services in 
connection with natural disaster 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 
natural disaster 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 natural 
        disaster 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 natural disaster 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 natural disaster 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:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
            (2) Full and open competitive procedures.--The term ``full 
        and open competition'' has the meaning given the term in 
        section 4 of the Office of Federal Procurement Policy Act (41 
        U.S.C. 403).
            (3) Natural disaster reconstruction efforts.--The term 
        ``natural disaster reconstruction efforts'' means 
        reconstruction efforts undertaken in an area subject to a 
        declaration by the President of a major disaster under section 
        401 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170).
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