II 110th CONGRESS 2d Session S. 3702 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.

1.

Short title

This Act may be cited as the Natural Disaster Fairness in Contracting Act of 2008.

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.

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.).

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.

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).

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).