[Congressional Record Volume 158, Number 146 (Thursday, November 15, 2012)]
[Extensions of Remarks]
[Page E1771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 THE INTRODUCTION OF A BILL TO ENSURE THAT THE METROPOLITAN WASHINGTON 
  AIRPORTS AUTHORITY COMPLIES WITH THE FEDERAL ACQUISITION REGULATION

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Thursday, November 15, 2012

  Ms. NORTON. Mr. Speaker, I rise today to introduce a bill to require 
the Metropolitan Washington Airports Authority (MWAA) to adopt the 
Federal Acquisition Regulations, the set of rules that govern all 
aspects of the acquisition process for virtually every federal 
executive branch agency. Significant failures in MWAA's contracting 
policies and practices point to a need for substantial reform in MWAA's 
acquisition process. However, despite being created by Congress, 
leasing federally owned land, and benefiting from significant federal 
taxpayer funds, MWAA is not subject to federal procurement laws or 
regulation. This oversight has left MWAA without ample guidance for its 
board members and employees. Many of the problems that have drawn 
criticism of MWAA could be eliminated if the Federal Acquisition 
Regulations were made applicable.
  MWAA is an independent public body created by Congress under the 
Metropolitan Washington Airports Act of 1986 (Airports Act), which 
authorized a compact between the Commonwealth of Virginia and the 
District of Columbia. MWAA, with 1,400 employees, leases and manages 
Ronald Reagan Washington National Airport and Washington Dulles 
International Airport. In addition to managing airports, MWAA is 
responsible for the Dulles Corridor Metrorail Project, with an 
estimated cost of $5.8 billion, including $977 million in federal 
funds.
  A recent Department of Transportation (DOT) Inspector General report, 
``MWAA's Weak Policies and Procedures Have Led to Questionable 
Procurement Practices, Mismanagement, and a Lack of Overall 
Accountability'' (Report Number: AV-2013-006) (IG Report), found that 
``MWAA's contracting policies and practices are insufficient to ensure 
compliance with the Airports Act and the lease agreement between DOT 
and MWAA.'' For example, the Airports Act and lease agreement require 
MWAA to award contracts over $200,000 competitively to the maximum 
extent practicable. However, the IG Report found that MWAA recently 
awarded two-thirds of its contracts exceeding $200,000 with limited 
competition. The IG Report also noted that MWAA awarded many contracts 
with no formal solicitation, and that MWAA's Contracting Manual does 
not require public notification of sole-source contracts over $200,000.
  The lack of transparency and competition on MWAA contracts is 
inconsistent with continuing ownership of the airports by the federal 
government, MWAA's creation by Congress, and the significant federal 
taxpayer dollars for which MWAA is responsible. The IG Report's 
conclusion that current procurement procedures are inadequate requires 
a response that definitively settles the procurement issues surrounding 
MWAA. It makes no sense for MWAA to attempt to reinvent a new set of 
procurement procedures and ignore the very thorough and tested Federal 
Acquisition Regulations, which provides legal guidelines for every 
aspect of procurement and that maximizes fairness and transparency.
  I urge my colleagues to support the bill. I will seek passage before 
the end of the lame duck.

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