[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 104 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 104

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2015

  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 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
            (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 107 of title 41, 
        United States Code.
            (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 in 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 3301 of title 41, 
United States Code.
    (b) Exceptions.--The exceptions to the requirement for competitive 
procedures provided under paragraphs (3), (4), and (7) of section 
3304(a) of title 41, United States Code, 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 3304(e)(1) of title 41, United 
                States Code, 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 3304(e)(1) of title 41, United 
                States Code, 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 
3304(a)(2) of title 41, United States Code, 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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