DHS Contract Reporting Act of 2021
Bill: H.R.4363 | Sponsor: Rep. Harshbarger, Diana (R-TN)
Policy area: Government Operations and Politics

Summary:
DHS Contract Reporting Act of 2021
This bill temporarily establishes a daily public reporting requirement for covered contract awards of the Department of Homeland Security (DHS).
Covered contract award  means a contract action of DHS with a total authorized dollar amount of $4 million or greater, including contract awards governed by the Federal Acquisition Regulation and those made with other than full and open competition.
DHS must post, maintain, and update on a publicly available website a daily report of all covered contract awards, except for such awards relating to classified products, programs, or services. The report must include specified information regarding each covered contract award, including information relating to (1) the contract type and value, (2) the name and address of the vendor, and (3) the contracting office.
This bill shall cease to have effect five years after the enactment date.

To establish a daily public reporting requirement for covered contract 
 awards of the Department of Homeland Security, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``DHS Contract Reporting Act 
of 2021''.</DELETED>

<DELETED>SEC. 2. DAILY PUBLIC REPORT OF COVERED CONTRACT 
              AWARDS.</DELETED>

<DELETED>    (a) Daily Report.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall post, 
        maintain, and update in accordance with paragraph (2), on a 
        publicly available website of the Department, a daily report of 
        all covered contract awards. Each reported covered contract 
        award shall include information relating to--</DELETED>
                <DELETED>    (A) the contract number, modification 
                number, or delivery order number;</DELETED>
                <DELETED>    (B) the contract type;</DELETED>
                <DELETED>    (C) the amount obligated for such 
                award;</DELETED>
                <DELETED>    (D) the total contract value for such 
                award, including all options;</DELETED>
                <DELETED>    (E) the description of the purpose for 
                such award;</DELETED>
                <DELETED>    (F) the number of proposals or bids 
                received;</DELETED>
                <DELETED>    (G) the name and address of the vendor, 
                and whether such vendor is considered a small 
                business;</DELETED>
                <DELETED>    (H) the period and each place of 
                performance for such award;</DELETED>
                <DELETED>    (I) whether such award is 
                multiyear;</DELETED>
                <DELETED>    (J) whether such award requires a small 
                business subcontracting plan; and</DELETED>
                <DELETED>    (K) the contracting office and the point 
                of contact for such office.</DELETED>
        <DELETED>    (2) Update.--Updates referred to in paragraph (1) 
        shall occur not later than two business days after the date on 
        which the covered contract is authorized or modified.</DELETED>
        <DELETED>    (3) Subscribing to alerts.--The website referred 
        to in paragraph (1) shall provide the option to subscribe to an 
        automatic notification of the publication of each report 
        required under such paragraph.</DELETED>
        <DELETED>    (4) Effective date.--Paragraph (1) shall take 
        effect on the date that is 180 days after the date of the 
        enactment of this section.</DELETED>
<DELETED>    (b) Undefinitized Contract Action or Definitized Amount.--
If a covered contract award reported pursuant to subsection (a) 
includes an undefinitized contract action, the Secretary shall--
</DELETED>
        <DELETED>    (1) report the estimated total contract value for 
        such award and the amount obligated upon award; and</DELETED>
        <DELETED>    (2) once such award is definitized, update the 
        total contract value and amount obligated.</DELETED>
<DELETED>    (c) Exemption.--Each report required under subsection (a) 
shall not include covered contract awards relating to classified 
products, programs, or services.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Covered contract award.--The term ``covered 
        contract award''--</DELETED>
                <DELETED>    (A) means a contract action of the 
                Department with the total authorized dollar amount of 
                $4,000,000 or greater, including unexercised options; 
                and</DELETED>
                <DELETED>    (B) includes--</DELETED>
                        <DELETED>    (i) contract awards governed by 
                        the Federal Acquisition Regulation;</DELETED>
                        <DELETED>    (ii) modifications to a contract 
                        award that increase the total value, expand the 
                        scope of work, or extend the period of 
                        performance;</DELETED>
                        <DELETED>    (iii) orders placed on a multiple 
                        award or multiple-agency contract that includes 
                        delivery or quantity terms that are 
                        indefinite;</DELETED>
                        <DELETED>    (iv) other transaction authority 
                        agreements; and</DELETED>
                        <DELETED>    (v) contract awards made with 
                        other than full and open competition.</DELETED>
        <DELETED>    (2) Definitized amount.--The term ``definitized 
        amount'' means the final amount of a covered contract award 
        after agreement between the Department and the contractor at 
        issue.</DELETED>
        <DELETED>    (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (5) Small business.--The term ``small business'' 
        means an entity that qualifies as a small business concern, as 
        such term is described under section 3 of the Small Business 
        Act (15 U.S.C. 632).</DELETED>
        <DELETED>    (6) Total contract value.--The term ``total 
        contract value'' means the total amount of funds expected to be 
        provided to the contractor at issue under the terms of the 
        contract through the full period of performance.</DELETED>
        <DELETED>    (7) Undefinitized contract action.--The term 
        ``undefinitized contract action'' means any contract action for 
        which the contract terms, specifications, or price is not 
        established prior to the start of the performance of a covered 
        contract award.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Contract Reporting Act of 
2021''.

SEC. 2. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.

    (a) Daily Contract Reporting Requirements.--
            (1) Report.--
                    (A) In general.--The Secretary shall post, 
                maintain, and update in accordance with paragraph (2), 
                on a publicly available website of the Department, a 
                daily report of all covered contract awards.
                    (B) Contents.--Each report under this paragraph 
                shall include, for each covered contract award, 
                information relating to--
                            (i) the contract number, modification 
                        number, or delivery order number;
                            (ii) the contract type;
                            (iii) the amount obligated for the award;
                            (iv) the total contract value for the 
                        award, including all options;
                            (v) the description of the purpose for the 
                        award;
                            (vi) the number of proposals or bids 
                        received;
                            (vii) the name and address of the vendor, 
                        and whether the vendor is a small business;
                            (viii) the period and primary place of 
                        performance for the award;
                            (ix) whether the award is multiyear; and
                            (x) the contracting office.
            (2) Update.--The Secretary shall make updates referred to 
        in paragraph (1) not later than 5 business days after the date 
        on which a covered contract is authorized or modified.
            (3) Effective date.--Paragraph (1) shall take effect on the 
        date that is 180 days after the date of enactment of this Act.
    (b) Undefinitized Contract Action or Definitized Amount.--If a 
covered contract award reported under subsection (a) includes an 
undefinitized contract action, the Secretary shall--
            (1) report the estimated total contract value for the award 
        and the amount obligated upon award; and
            (2) once there is a definitized amount for the award, 
        update the total contract value and amount obligated.
    (c) Exemption.--Each report required under subsection (a) shall not 
include covered contract awards for which synopsis was exempted under 
section 5.202(a)(1) of the Federal Acquisition Regulation, or any 
successor thereto.
    (d) Definitions.--In this section:
            (1) Covered contract award.--The term ``covered contract 
        award''--
                    (A) means a contract action of the Department with 
                a total contract value of not less than $4,000,000, 
                including unexercised options; and
                    (B) includes--
                            (i) contract awards governed by the Federal 
                        Acquisition Regulation;
                            (ii) modifications to a contract award that 
                        increase the total value, expand the scope of 
                        work, or extend the period of performance;
                            (iii) orders placed on a multiple-award or 
                        multiple-agency contract that includes delivery 
                        or quantity terms that are indefinite;
                            (iv) other transaction authority 
                        agreements; and
                            (v) contract awards made with other than 
                        full and open competition.
            (2) Definitized amount.--The term ``definitized amount'' 
        means the final amount of a covered contract award after 
        agreement between the Department and the contractor at issue.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Small business.--The term ``small business'' means an 
        entity that qualifies as a small business concern, as defined 
        under section 3 of the Small Business Act (15 U.S.C. 632).
            (6) Total contract value.--The term ``total contract 
        value'' means the total amount of funds expected to be provided 
        to the contractor at issue under the terms of the contract 
        through the full period of performance.
            (7) Undefinitized contract action.--The term 
        ``undefinitized contract action'' means any contract action for 
        which the contract terms, specifications, or price is not 
        established prior to the start of the performance of the 
        covered contract award.
    (e) Sunset.--This section shall cease to have force or effect on 
the date that is 5 years after the date of enactment of this Act.
                                                       Calendar No. 402

117th CONGRESS

  2d Session

                               H. R. 4363

                          [Report No. 117-120]

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