II 

112TH CONGRESS 

1ST SESSION S. 129 

To provide for full and open competition for Federal contracts related to 

natural disaster reconstruction efforts. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for full and open competition for Federal 

contracts related to natural disaster reconstruction efforts. 

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 ‘‘Natural Disaster Fair5 ness in Contracting Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

9 agency’’ has the meaning given the term in section 


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1 4 of the Office of Federal Procurement Policy Act 

2 (41 U.S.C. 403). 

3 (2) FULL AND OPEN COMPETITIVE PROCE4 DURES.—The term ‘‘full and open competitive proce5 dures’’ has the meaning given the term ‘‘full and 

6 open competition’’ in section 4 of the Office of Fed7 eral Procurement Policy Act (41 U.S.C. 403). 

8 (3) NATURAL DISASTER RECONSTRUCTION EF9 FORTS.—The term ‘‘natural disaster reconstruction 

10 efforts’’ means reconstruction efforts undertaken in 

11 an area subject to a declaration by the President of 

12 a major disaster under section 401 of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5170). 

15 SEC. 3. COMPETITION REQUIREMENTS. 

16 (a) IN GENERAL.—Except as provided under sub17 section (b), the head of an executive agency, in entering 

18 into a contract to procure property or services in connec19 tion with natural disaster reconstruction efforts, shall 

20 comply with the requirements under section 303 of the 

21 Federal Property and Administrative Services Act of 1949 

22 (41 U.S.C. 253). 

23 (b) EXCEPTIONS.—The exceptions to the requirement 

24 for competitive procedures provided under paragraphs (3), 


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1 (4), and (7) of section 303(c) of such Act shall not apply 

2 to a contract described in subsection (a). 

3 SEC. 4. WRITTEN APPROVAL FOR USE OF NONCOMPETI4 TIVE PROCEDURES REQUIRED FOR CERTAIN 

5 CONTRACTS. 

6 (a) APPROVAL REQUIRED.—The head of an executive 

7 agency may enter into a contract to procure property or 

8 services in connection with natural disaster reconstruction 

9 efforts using other than full and open competition only 

10 upon the written approval of the President or the Presi11 dent’s designee. 

12 (b) CONGRESSIONAL NOTIFICATION REQUIRED.— 

13 (1) IN GENERAL.—If procedures other than full 

14 and open competitive procedures are to be used to 

15 enter into a contract described in subsection (a), the 

16 head of the executive agency negotiating such con17 tract shall notify the Committee on Appropriations 

18 of the Senate, the Committee on Appropriations of 

19 the House of Representatives, and the standing com20 mittees of the Senate and the House of Representa21 tives that have jurisdiction over the executive agency 

22 not later than 7 calendar days before the award of 

23 the contract. 

24 (2) JUSTIFICATION.—The notification under 

25 paragraph (1) shall include— 


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1 (A) the justification for the use of other 

2 than full and open competitive procedures; 

3 (B) a brief description of the contract’s 

4 scope; 

5 (C) the amount of the contract; 

6 (D) a discussion of how the contracting 

7 agency identified and solicited offers from con8 tractors; 

9 (E) a list of the contractors solicited; and 

10 (F) the justification and approval docu11 ments, required under section 303(f)(1) of the 

12 Federal Property and Administrative Services 

13 Act of 1949 (41 U.S.C. 253(f)(1)), upon which 

14 the determination of use of procedures other 

15 than full and open competitive procedures was 

16 based. 

17 (c) SCOPE OF REQUIREMENTS.— 

18 (1) SIZE OF CONTRACTS.—This section shall 

19 not apply to contracts of less than $5,000,000. 

20 (2) APPLICABILITY.—This section shall apply 

21 to any extension, amendment, or modification of a 

22 contract for the procurement of property or services 

23 in connection with natural disaster reconstruction ef24 forts entered into before the date of the enactment 


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1 of this Act using other than full and open competi2 tive procedures. 

3 (3) SMALL BUSINESS EXCEPTION.—This sec4 tion shall not apply to contracts authorized under 

5 the Small Business Act (15 U.S.C. 631 et seq.). 

6 SEC. 5. DISCLOSURE REQUIRED. 

7 (a) PUBLICATION AND PUBLIC AVAILABILITY.— 

8 (1) IN GENERAL.—The head of an executive 

9 agency that enters into a contract for the procure10 ment of property or services in connection with nat11 ural disaster reconstruction efforts through the use 

12 of other than full and open competitive procedures 

13 shall publish in the Federal Register or Federal 

14 Business Opportunities, and otherwise make avail15 able to the public not later than 7 calendar days be16 fore the date on which the contract is finalized— 

17 (A) the amount of the contract; 

18 (B) a brief description of the scope of the 

19 contract; 

20 (C) an explanation of how the executive 

21 agency identified, and solicited offers from, po22 tential contractors to perform the contract, and 

23 a list of the potential contractors that were 

24 issued solicitations for the offers; and 


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1 (D) the justification and approval docu2 ments, required under section 303(f)(1) of the 

3 Federal Property and Administrative Services 

4 Act of 1949 (41 U.S.C. 253(f)(1)), on which 

5 was based the determination to use procedures 

6 other than competitive procedures. 

7 (2) SCOPE OF REQUIREMENTS.— 

8 (A) SIZE OF CONTRACTS.—This section 

9 shall not apply to contracts of less than 

10 $5,000,000. 

11 (B) APPLICABILITY.—This section shall 

12 apply to any extension, amendment, or modi13 fication of a contract entered into before the 

14 date of the enactment of this Act using other 

15 than full and open competitive procedures. 

16 (C) SMALL BUSINESS EXCEPTION.—This 

17 section shall not apply to contracts authorized 

18 under the Small Business Act (15 U.S.C. 631 

19 et seq.). 

20 (b) RELATIONSHIP TO OTHER DISCLOSURE LAWS.— 

21 Nothing in this section may be construed as affecting obli22 gations to disclose United States Government information 

23 under any other provision of law. 


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1 SEC. 6. CONTRACTS ENTERED INTO UNDER UNUSUAL AND 

2 COMPELLING URGENCY EXCEPTION. 

3 (a) REQUIREMENT FOR PERFORMANCE WITHIN 6- 

4 MONTH PERIOD.—The head of an executive agency may 

5 not rely on the exception under section 303(c)(2) of the 

6 Federal Property and Administrative Services Act of 1949 

7 (41 U.S.C. 253(c)(2)) to enter into a contract to procure 

8 property or services in connection with natural disaster re9 construction efforts using procedures other than competi10 tive procedures unless the contract will be performed with11 in a 6-month period. 

12 (b) EXTENDED NOTIFICATION AND DISCLOSURE

13 DEADLINES.—The notification and disclosure deadlines 

14 under sections 4(b) and 5(a)(1), respectively, shall be 7 

15 calendar days after the date on which a contract described 

16 in subsection (a) is finalized. 

Æ 


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