[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Pages S5673-S5674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER:
  S. 981. A bill to limit the period for which the Federal Government 
may procure property or services using noncompetitive procedures during 
emergency and urgent situations; to the Committee on Governmental 
Affairs.
  Mrs. BOXER. Mr. President, today I am introducing legislation is to 
ensure that American taxpayers and American businesses are protected 
when the Federal Government procures property or services.
  The purpose of this legislation is to close certain loopholes that 
allow Federal agencies to enter into contracts through a process that 
does not ensure full and open competition. Current law provides several 
exceptions that allow Federal agencies to limit competition or provide 
a sole-source contract. My legislation does not eliminate any of these 
exceptions, but it does place a 90-day limitation on the broadest 
exceptions to ensure that a full and fair bidding process takes place 
as soon as possible.
  This bill does not extend the 90-day limitation on sole-source or 
limited-source contracts when full and open competition is not 
practicable. For example, the legislation will continue to allow sole-
source or limited-source contracts when there is a threat to the 
national security of the United States or when the property or service 
is only available from one party.
  But we must take a common-sense approach to shield taxpayers from 
waste and abuse. This bill does just that. I have heard from people 
throughout my state who believe that the administration is abusing its 
authority in providing sole-source and limited-source contacts in Iraq.
  One example is the sole-source contract worth up to $7 billion that 
was awarded earlier this year to Kellogg, Brown and Root--a subsidiary 
of Halliburton--to extinguish oil fires in Iraq. The exception under 
Federal law used to provide KBR with the sole-source contract was that 
a full and open bid process would cause unacceptable delays. While it 
is understandable that oil fires cannot be allowed to burn while an 
open bid process takes place, it is not acceptable that the term of 
this contract was 2 years.
  Recently, the administration announced that this contract would be 
terminated and an open bid process take place. While I applaud this 
move, I fear it would not have happened without the outcry of the 
American people. My legislation will ensure that certain sole-source 
contracts will be limited to 90 days. During the 90-day period, a full 
and open competition would take place so that the long-term contract is 
awarded to the qualified low-bidder.
  It is the responsibility of Congress to ensure that these contracts 
are awarded in a competitive manner whenever possible. This legislation 
is a step in the right direction.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 981

       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 ``Business and Taxpayer 
     Procurement Protection Act.''

     SECTION 2. LIMITATION ON CONTRACTS AWARDED ON A 
                   NONCOMPETITIVE BASIS.

       (a) In General.--Notwithstanding any other provision of law 
     or regulation, including the Federal Property and 
     Administrative Services Act of 1949, section 2304 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation--
       (1) any procurement for property or services that is not 
     subject to competitive procedures under a provision of law or 
     regulation set forth in subsection (b) may not exceed 90 
     days; and
       (2) if any property or services procured under the 
     limitations of paragraph (1) are required beyond the 90 days 
     referred to in paragraph (1), such property or services 
     shall--
       (A) during the 90-day period, be the subject of a full and 
     open competition in accordance with the appropriate law or 
     regulation; and
       (B) shall not be procured using procedures other than 
     competitive procedures under a provision of law or regulation 
     set forth in subsection (b).

[[Page S5674]]

       (b) Applicability.--The provisions of law and regulations 
     referred to in subsection (a) are the following:
       (1) Subsections (c)(2), (c)(3)(A), (c)(7), and 
     (d)(1)(B)(ii) of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253).
       (2) Subsections (c)(2), (c)(3)(A), (c)(7), and 
     (d)(1)(B)(ii) of section 2304 of title 10, United States 
     Code.
       (3) Any other provision of law or regulation that provides 
     for the use of noncompetitive procedures for the same or a 
     similar reason as those referred to in clauses (1) and (2).

     SECTION 3. EFFECTIVE DATE.

       This Act shall apply with respect to contracts entered into 
     after the date of the enactment of this Act.
                                 ______