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(d) MULTIPLE AWARDS.—This section applies to a 
task order contract that is a Hurricane Katrina-related 
contract for the procurement of advisory and assistance 
services under section 303I of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253i) or 
section 2304a of title 10, United States Code, notwith-
standing section 303I(e) of such Act or section 2304a(d) 
of such title, respectively. 
SEC. 212. COMPETITION IN MULTIPLE AWARD CONTRACTS. 
(a) COMPETITION REQUIRED.—The Federal Govern-
ment shall use competition in the purchase of goods and 
services pursuant to any Hurricane Katrina-related con-
tract that is a multiple award contract in accordance with 
this section. 
(b) SPECIFIC REQUIREMENTS.—Each individual pur-
chase of goods or services by an executive agency or mili-
tary department in excess of $100,000 that is made under 
a Hurricane Katrina-related contract that is a multiple 
award contract shall be made on a competitive basis unless 
a contracting officer of the executive agency or military 
department concerned— 
(1) waives the requirement on the basis of a de-
termination that— 
(A)(i) in the case of a contract entered 
into by an executive agency, one of the cir-
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cumstances 
described 
in 
paragraphs 
(1) 
through (4) of section 303J(b) of the Federal 
Property and Administrative Services Act of 
1949 (41 U.S.C. 253j(b)) applies to such indi-
vidual purchase; or 
(ii) in the case of a contract entered into 
by a military department, one of the cir-
cumstances 
described 
in 
paragraphs 
(1) 
through (4) of section 2304c(b) of title 10, 
United States Code, applies to such individual 
purchase; or 
(B) a statute expressly authorizes or re-
quires that the purchase be made from a speci-
fied source; and 
(2) justifies the determination in writing. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘individual purchase’’ means a 
task order, delivery order, or other purchase. 
(2) The term ‘‘multiple award contract’’ 
means— 
(A) a contract that is entered into by the 
Administrator of General Services under the 
multiple award schedule program referred to in 
section 309(b)(3) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C.
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259(b)(3)) or section 2302(2)(C) of title 10, 
United States Code; 
(B) a multiple award task order contract 
that is entered into under the authority of sec-
tions 2304a through 2304d of title 10, United 
States Code, or sections 303H through 303K of 
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253h through 
253k); and 
(C) any other indefinite delivery, indefinite 
quantity contract that is entered into by the 
head of an executive agency with two or more 
sources pursuant to the same solicitation. 
SEC. 213. PROHIBITION ON CONTRACTOR CONFLICTS OF 
INTEREST. 
(a) PROHIBITION.—An agency may not enter into a 
Hurricane Katrina-related contract for the performance of 
a function relating to contract oversight with any con-
tractor with a conflict of interest. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘function relating to contract 
oversight’’ includes the following specific functions: 
(A) Evaluation of a contractor’s perform-
ance. 
(B) Evaluation of contract proposals.
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(C) Development of statements of work. 
(D) Services in support of acquisition plan-
ning. 
(E) Contract management. 
(2) The term ‘‘conflict of interest’’ includes 
cases in which the contractor performing the func-
tion relating to contract oversight, or any related en-
tity— 
(A) is performing all or some of the work 
to be overseen; 
(B) has a separate ongoing business rela-
tionship, such as a joint venture or contract, 
with any of the contractors to be overseen; 
(C) would be placed in a position to affect 
the value or performance of work it or any re-
lated entity is doing under any other Govern-
ment contract; 
(D) has a reverse role with the contractor 
to be overseen under one or more separate Gov-
ernment contracts; and 
(E) has some other relationship with the 
contractor to be overseen that could reasonably 
appear to bias the contractor’s judgment. 
(3) The term ‘‘related entity’’, with respect to 
a contractor, means any subsidiary, parent, affiliate,
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joint venture, or other entity related to the con-
tractor. 
(c) CONTRACTS RELATING TO INHERENTLY GOV-
ERNMENTAL FUNCTIONS.—An agency may not enter into 
a Hurricane Katrina-related contract for the performance 
of inherently governmental functions for contract over-
sight (as described in subpart 7.5 of part 7 of the Federal 
Acquisition Regulation). 
SEC. 214. CLOSING THE REVOLVING DOOR. 
(a) STRENGTHENING THE PROHIBITION ON FORMER 
OFFICIAL’S ACCEPTANCE OF COMPENSATION FROM CON-
TRACTOR.— 
(1) Paragraph (1) of section 27(d) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 
423(d)(1)) is amended— 
(A) in subparagraph (C), by striking ‘‘per-
sonally made for the Federal agency—’’ and in-
serting ‘‘participated personally and substan-
tially in—’’; and 
(B) in the text preceding subparagraph 
(A)— 
(i) by striking ‘‘one year’’ and insert-
ing ‘‘two years’’; and 
(ii) by striking ‘‘or consultant’’ and 
inserting ‘‘consultant, lawyer, or lobbyist’’.