I 

108TH CONGRESS 

1ST SESSION H. R. 3275

To require transparency, increased competition in contracting, and the 

increased use of Iraqi contractors in Iraq. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2003

Mrs. MALONEY (for herself, Mr. WAXMAN, and Mr. HINCHEY) introduced the 

following bill; which was referred to the Committee on Government Reform 

A BILL

To require transparency, increased competition in contracting, and the increased use of Iraqi contractors in 

Iraq.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Contracting in 

5 Iraq Act of 2003’’. 

6 SEC. 2. TRANSPARENCY IN CONTRACTING: NOTIFICATION 

7 TO CONGRESS. 

8 (a) NOTIFICATION TO CONGRESS.—(1) The head of 

9 an executive agency that enters into a contract, or task 

10 or delivery order under a task or delivery order contract, 
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1 in excess of $1,000,000 relating to activities in Iraq shall, 

2 within 7 days after entering into the contract or order, 

3 notify the chairman and ranking member of the commit4 tees described in subsection (b) that the contract or order 

5 has been entered into. 

6 (2) Upon request of the chairman or ranking member 

7 of a committee described in subsection (b), the head of 

8 an executive agency shall provide, within 14 days after re9 ceipt of the request, unredacted copies of any documents 

10 required to be maintained in the contracting office con11 tract file, the contract administration office contract file, 

12 and the paying office contract file pursuant to subpart 4.8 

13 of the Federal Acquisition Regulation, including—

14 (A) copies of the contract and all modifications; 

15 (B) orders issued under the contract; 

16 (C) justifications and approvals; 

17 (D) any government estimate of contract price; 

18 (E) source selection documentation; 

19 (F) cost or price analysis; 

20 (G) audit reports; 

21 (H) justification for type of contract; 

22 (I) authority for deviations from regulations, 

23 statutory requirements, or other restrictions; 

24 (J) bills, invoices, vouchers, and supporting doc25 uments; and 
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1 (K) records of payments or receipts. 

2 (b) COMMITTEES.—The committees referred to in 

3 subsection (a) are the following: 

4 (1) The Committee on Governmental Affairs of 

5 the Senate and the Committee on Government Re6 form of the House of Representatives. 

7 (2) The Committees on Appropriations of the 

8 Senate and House of Representatives. 

9 (3) Each committee that the head of the execu10 tive agency determines has legislative jurisdiction for 

11 the operations of the department or agency to which 

12 the contract, task or delivery order, or documents 

13 referred to in paragraph (1) or (2) of subsection (a) 

14 relates. 

15 SEC. 3. COMPETITION IN CONTRACTING FOR THE RECON16 STRUCTION OF INFRASTRUCTURE IN IRAQ. 

17 (a) REQUIREMENTS FOR COMPETITION.—Notwith18 standing any other provision of law, and subject to sub19 section (b), none of the funds appropriated by this Act 

20 to carry out sections 103 through 106 and chapter 4 of 

21 part II of the Foreign Assistance Act of 1961 (22 U.S.C. 

22 2151b–2151d; 2346 et seq.) that are made available for 

23 assistance for Iraq may be used—

24 (1) to enter into any Federal contract (includ25 ing any follow-on contract) through the use of proce-
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1 dures other than competitive procedures (as defined 

2 in section 4(5) of the Office of Federal Procurement 

3 Policy Act (41 U.S.C. 403(5)); or 

4 (2) for a task or delivery order in excess of 

5 $1,000,000 issued under a task or delivery order 

6 contract unless such contract was awarded to two or 

7 more contractors, and such contractors have a fair 

8 opportunity to be considered for the task or delivery 

9 order. 

10 (b) LIMITATIONS.—(1) Subsection (a)(1) shall not 

11 apply in the case of a contract for which the Director of 

12 the Office of Management and Budget approves the use 

13 of procedures other than competitive procedures by reason 

14 of the application of paragraph (1), (2), (3), (4), (5), (6), 

15 or (7) under section 303(c) of title III of the Federal 

16 Property and Administrative Services Act of 1949 (41 

17 U.S.C. 253(c)). 

18 (2) Subsection (a)(2) shall not apply in the case of 

19 a task or delivery order contract for which the head of 

20 the executive agency concerned approves the application 

21 of paragraph (1), (2), (3) or (4) of section 303J(b) of title 

22 III of the Federal Property and Administrative Services 

23 Act of 1949 (41 U.S.C. 253j(b)) to such contract. 

24 (c) APPLICABILITY.—This section shall not apply to 

25 contracts entered into before October 1, 2003. 
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1 SEC. 4. IRAQI INVOLVEMENT. 

2 (a) PLAN.—The head of each executive agency enter3 ing into a contract relating to activities in Iraq shall de4 velop a plan for minimizing costs to the Federal Govern5 ment through the use of Iraqi firms. 

6 (b) COMPONENTS OF PLAN.—(1) The plan shall re7 quire the head of each executive agency to assess, before 

8 entering into a contract relating to activities in Iraq, 

9 whether the use of Iraqi firms to carry out the contract 

10 could reduce the costs of such contract to the Federal Gov11 ernment. 

12 (2) The plan may provide for the waiver of otherwise 

13 applicable Federal procurement laws or regulations with 

14 respect to the contract if the head of the executive agency 

15 determines that such laws or regulations impede the abil16 ity of the executive agency to reduce the costs of such con17 tract to the Federal Government through the use of Iraqi 

18 firms. 

19 (3) The plan shall ensure that all contracts with re20 spect to which laws or regulations are waived pursuant 

21 to paragraph (2) are entered into using contracting proce22 dures that are open, fair, accountable, and, to the max23 imum extent practicable, competitive. 

24 SEC. 5. LEGAL STATUS OF COALITION PROVISIONAL AU25 THORITY FOR IRAQ. 

26 In this section: 
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1 (1) The term ‘‘executive agency’’ has the mean2 ing given such term in section 105 of title 5, United 

3 States Code. For purposes of the following provi4 sions of law, the term includes the Coalition Provi5 sional Authority for Iraq: 

6 (A) Procurement statutes, including chap7 ters 137 and 141 of title 10, United States 

8 Code, title III of the Federal Property and Ad9 ministrative Services Act of 1949 (41 U.S.C. 

10 251 et seq.), and the Office of Federal Procure11 ment Policy Act (41 U.S.C. 403 et seq.). 

12 (B) Section 552 of title 5, United States 

13 Code (known as the Freedom of Information 

14 Act). 

15 (C) Financial management statutes requir16 ing the preparation of audited financial state17 ments, including section 3535 of title 31, 

18 United States Code. 

19 (2) The term ‘‘Coalition Provisional Authority 

20 for Iraq’’ means the entity charged by the President 

21 with directing reconstruction efforts in Iraq.

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