[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 129 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 129

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

  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 2011''.

SEC. 2. 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 competitive procedures'' has the meaning given the 
        term ``full and open competition'' 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).

SEC. 3. COMPETITION REQUIREMENTS.

    (a) In General.--Except as provided under subsection (b), the head 
of an executive agency, in entering into a contract to procure property 
or services in connection with natural disaster reconstruction efforts, 
shall comply with the requirements under section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253).
    (b) Exceptions.--The exceptions to the requirement for competitive 
procedures provided under paragraphs (3), (4), and (7) of section 
303(c) of such Act shall not apply to a contract described in 
subsection (a).

SEC. 4. WRITTEN APPROVAL FOR USE OF NONCOMPETITIVE 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.--
            (1) In general.--If procedures other than full and open 
        competitive procedures are to be used to enter into a contract 
        described in subsection (a), the head of the executive agency 
        negotiating such contract shall notify 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 not later than 7 
        calendar days before the award of the contract.
            (2) Justification.--The notification under paragraph (1) 
        shall include--
                    (A) the justification for the use of other than 
                full and open competitive procedures;
                    (B) a brief description of the contract's scope;
                    (C) the amount of the contract;
                    (D) a discussion of how the contracting agency 
                identified and solicited offers from contractors;
                    (E) a list of the contractors solicited; and
                    (F) the justification and approval documents, 
                required under section 303(f)(1) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 253(f)(1)), upon which the determination of use 
                of procedures other than full and open competitive 
                procedures was based.
    (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 shall apply to any 
        extension, amendment, or modification of a contract for the 
        procurement of property or services in connection with natural 
        disaster reconstruction efforts entered into before the date of 
        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 under the Small Business Act (15 U.S.C. 
        631 et seq.).

SEC. 5. 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 finalized--
                    (A) the amount of the contract;
                    (B) a brief description of the scope of the 
                contract;
                    (C) an explanation of how the executive agency 
                identified, and solicited offers from, potential 
                contractors to perform the contract, and a list of the 
                potential contractors that were issued solicitations 
                for the offers; and
                    (D) the justification and approval documents, 
                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 apply to any 
                extension, amendment, or modification of a contract 
                entered into before the date of 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 under the Small 
                Business Act (15 U.S.C. 631 et seq.).
    (b) Relationship to Other Disclosure Laws.--Nothing in this section 
may be construed as affecting obligations to disclose United States 
Government information under any other provision of law.

SEC. 6. 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 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 under sections 4(b) and 5(a)(1), 
respectively, shall be 7 calendar days after the date on which a 
contract described in subsection (a) is finalized.
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