[Congressional Record Volume 170, Number 16 (Monday, January 29, 2024)]
[House]
[Pages H257-H258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SAFE AND SMART FEDERAL PURCHASING ACT

  Mr. DONALDS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5528) to evaluate the impact of the lowest price technically 
acceptable source selection process on national security, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5528

       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 ``Safe and Smart Federal 
     Purchasing Act''.

     SEC. 2. REVIEW TO DETERMINE THE IMPACT OF THE LOWEST PRICE 
                   TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS 
                   ON NATIONAL SECURITY.

       (a) Review.--The Director shall review the procurement 
     management practices of Defense and Civilian agencies to 
     determine whether the provisions of section 15.101-2 of the 
     Federal Acquisition Regulation have created any national 
     security risk.
       (b) Report.--Not later than 180 days after the enactment of 
     this Act, the Director shall submit a report on the results 
     of the review under subsection (a) to--
       (1) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (c) Definitions.--In this section:
       (1) Defense and civilian agency.--The term ``Defense and 
     Civilian agency'' has the meaning given the term ``agency'' 
     in section 133 of title 41, United States Code.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Donalds) and the gentleman from Maryland (Mr. Raskin) each 
will control 20 minutes.

[[Page H258]]

  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. DONALDS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. DONALDS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 5528, the Safe and Smart 
Federal Purchasing Act.
  Lowest Price Technically Acceptable is a source selection method 
outlined in the Federal Acquisition Regulation.
  Simply put, this Federal Acquisition Regulation standard prioritizes 
price above all else.
  Prioritizing price over any other technical or operational factors in 
Federal procurement can result in agencies cutting corners, sacrificing 
long-term value, and potentially jeopardizing national security.
  The House Oversight Committee, in previous Congresses, placed 
appropriate constraints on agency use of the LPTA source selection 
process to mitigate such concerns.
  Those constraints recognized that the LPTA standard is not always 
appropriate when agencies seek to purchase technically innovative 
services or technology.
  Therefore, my bill requires the Director of the Office of Management 
and Budget to conduct a governmentwide evaluation of the LPTA source 
selection process to determine if it is being used in the way that 
creates any national security risks.
  This is a useful step forward understanding how agencies are using 
LPTA in their source selection decisions, and will determine whether 
agencies are relying on LPTA when it is not appropriate.
  This review is a commonsense step to ensuring America's national 
security, while also reducing supply chain risks to Federal agencies.
  Madam Speaker, I thank my colleague from Virginia, Mr. Gerry 
Connolly, and my colleague from Colorado, Ms. Lauren Boebert, for their 
support in drafting this legislation.
  Madam Speaker, I urge my colleagues to support this simple and 
necessary bill, and I reserve the balance of my time.
  Mr. RASKIN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the gentleman's legislation, H.R. 5528, the Safe and 
Smart Federal Purchasing Act, would require the Director of OMB to 
review the procurement management practices of Federal agencies to 
determine whether the use of acquisition procedures focused exclusively 
on costs known as Lowest Price Technically Acceptable, or LPTA, poses 
any national security risks.
  Since our committee reported this bill last September, I appreciate 
that Mr. Donalds and the majority sought and incorporated feedback from 
the administration, and also earned bipartisan support with the 
cosponsorship of Mr. Connolly, a longtime expert in Federal operations. 
With these updates, I am happy to lend my full support to this 
legislation.
  When Federal agencies purchase goods or services, they strive to 
achieve the best value for the American people. In the words of the 
Federal Acquisition Regulation, best value means that the acquisition 
should provide ``the greatest overall benefit in response to the 
requirement.''
  Under LPTA procedures, price is the controlling factor in awarding a 
contract with no consideration given to any other factors. This 
contrasts with the more frequently used tradeoff approach which looks 
at the bigger picture and considers additional factors beyond just 
cost, perhaps assessing elements like quality and performance, or a 
bidder's technical or managerial expertise.
  This bill, and the tradeoff approach to Federal contracting, take 
into consideration that focusing on contract price alone can actually 
increase the overall cost to the Federal Government and the people.
  For example, cutting costs in the short term can lead to expensive 
project delays, or might result in taxpayer dollars flowing to 
adversarial nations that threaten our national security.
  If no consideration is given to the strength and integrity of a 
bidder's supply chain, cutting costs in the short term could lead to 
inferior products or disastrous supply shortages at key moments.
  Madam Speaker, I am happy to give my support to this legislation, and 
I reserve the balance of my time.
  Mr. DONALDS. Madam Speaker, I have no further speakers on this bill, 
and I reserve the balance of my time.
  Mr. RASKIN. Madam Speaker, I yield back the balance of my time.
  Mr. DONALDS. Madam Speaker, the Safe and Smart Federal Purchasing Act 
is a measured and targeted legislation that can inform future 
congressional work on Federal procurement, a policy area we know is 
ripe for reform and taxpayer savings.
  Madam Speaker, I encourage my colleagues in the House to support this 
commonsense bipartisan bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Donalds) that the House suspend the rules 
and pass the bill, H.R. 5528, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. DONALDS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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