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Full Text of this Amendment

SA 1451. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 2892, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:


At the appropriate place, insert the following:
SEC. __. NATURAL DISASTER FAIRNESS IN CONTRACTING.
(a) Short Title.--This section may be cited as the ``Natural Disaster Fairness in Contracting Act of 2009''.
(b) Definitions.--In this section:
(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).
(c) Competition Requirements.--
(1) IN GENERAL.--Except as provided under paragraph (2), 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).
(2) 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 paragraph (1).
(d) Written Approval for Use of Non-Competitive Procedures Required for Certain Contracts.--
(1) 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.
(2) CONGRESSIONAL NOTIFICATION REQUIRED.--
(A) IN GENERAL.--If procedures other than full and open competitive procedures are to be used to enter into a contract described in paragraph (1), 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.
(B) JUSTIFICATION.--The notification under subparagraph (A) shall include--
(i) the justification for the use of other than full and open competitive procedures;
(ii) a brief description of the contract's scope;
(iii) the amount of the contract;
(iv) a discussion of how the contracting agency identified and solicited offers from contractors;
(v) a list of the contractors solicited; and
(vi) 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.
(3) SCOPE OF REQUIREMENTS.--
(A) SIZE OF CONTRACTS.--This subsection shall not apply to contracts of less than $5,000,000.
(B) APPLICABILITY.--This subsection 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.
(C) SMALL BUSINESS EXCEPTION.--This subsection shall not apply to contracts authorized under the Small Business Act (15 U.S.C. 631 et seq.).
(e) Disclosure Required.--
(1) PUBLICATION AND PUBLIC AVAILABILITY.--
(A) 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--
(i) the amount of the contract;
(ii) a brief description of the scope of the contract;
(iii) 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
(iv) 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.
(B) SCOPE OF REQUIREMENTS.--
(i) SIZE OF CONTRACTS.--This subsection shall not apply to contracts of less than $5,000,000.
(ii) APPLICABILITY.--This subsection 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.
(iii) SMALL BUSINESS EXCEPTION.--This subsection shall not apply to contracts authorized under the Small Business Act (15 U.S.C. 631 et seq.).
(2) RELATIONSHIP TO OTHER DISCLOSURE LAWS.--Nothing in this subsection may be construed as affecting obligations to disclose United States Government information under any other provision of law.
(f) Contracts Entered Into Under Unusual and Compelling Urgency Exception.--
(1) 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.
(2) EXTENDED NOTIFICATION AND DISCLOSURE DEADLINES.--The notification and disclosure deadlines under subsections (d)(2) and (e)(1)(A), respectively, shall be 7 calendar days after the date on which a contract described in paragraph (1) is finalized.


(As printed in the Congressional Record for the Senate on Jul 9, 2009.)