DHS Contract Reporting Act of 2021

Bill: 117-hr-4363
Sponsor: full_name: Rep. Harshbarger, Diana [R-TN-1]
Introduced: 2021-07-06
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Department of Homeland Security

Government ethics and transparency, public corruption

Government information and archives

Public contracts and procurement

Small business
Latest action: action_date: 2022-06-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 402.

Summaries:
action_date: 2021-07-06
action_desc: Introduced in House
text: <p><strong>DHS Contract Reporting Act of 2021</strong></p> <p>This bill establishes a daily public reporting requirement for covered contract awards of the Department of Homeland Security (DHS).</p> <p><em>Covered contract award </em> 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.</p> <p>Specifically, 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.</p>

action_date: 2021-09-14
action_desc: Reported to House
text: <p><strong>DHS Contract Reporting Act of 2021</strong></p> <p>This bill establishes a daily public reporting requirement for covered contract awards of the Department of Homeland Security (DHS).</p> <p><em>Covered contract award </em> 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.</p>  <p>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) whether the award requires a small business subcontracting plan.</p>

action_date: 2021-09-29
action_desc: Passed House
text: <p><strong>DHS Contract Reporting Act of 2021</strong></p> <p>This bill establishes a daily public reporting requirement for covered contract awards of the Department of Homeland Security (DHS).</p> <p><em>Covered contract award </em> 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.</p> <p>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) whether the award requires a small business subcontracting plan.</p>

action_date: 2022-06-09
action_desc: Reported to Senate
text: <p><strong>DHS Contract Reporting Act of 2021</strong></p> <p>This bill temporarily establishes a daily public reporting requirement for covered contract awards of the Department of Homeland Security (DHS).</p> <p><em>Covered contract award </em> 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.</p> <p>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.</p> <p>This bill shall cease to have effect five years after the enactment date.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 4363 IN THE HOUSE OF REPRESENTATIVES July 6, 2021 Mrs. Harshbarger (for herself and Mrs. Luria ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To establish a daily public reporting requirement for covered contract awards of the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the DHS Contract Reporting Act of 2021 . 2. Daily public report of covered contract awards (a) Daily report (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— (A) the contract number, modification number, or delivery order number; (B) the contract type; (C) the amount obligated for such award; (D) the total contract value for such award, including all options; (E) the description of the purpose for such award; (F) the number of proposals or bids received; (G) the name and address of the vendor; (H) the period and each place of performance for such award; (I) whether such award is multiyear; and (J) the contracting office and the point of contact for such office. (2) Update Updates referred to in paragraph (1) shall occur not later than the next business day after the date on which the covered contract is authorized or modified. (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. (4) Effective date Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section. (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— (1) report the estimated total contract value for such award and the amount obligated upon award; and (2) once such award is definitized, update the total contract value and amount obligated. (c) Exemption Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services. (d) Definitions In this section: (1) Covered contract award The term covered contract award — (A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, including unexercised options; and (B) includes— (i) contract awards governed by the Federal Acquisition Regulation; (ii) modifications to a contract award; (iii) orders placed on a single or multiple award 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) 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. (6) 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.

tv_txt: IIB 117th CONGRESS 1st Session H. R. 4363 IN THE SENATE OF THE UNITED STATES September 30, 2021 Received, read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To establish a daily public reporting requirement for covered contract awards of the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the DHS Contract Reporting Act of 2021 . 2. Daily public report of covered contract awards (a) Daily report (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— (A) the contract number, modification number, or delivery order number; (B) the contract type; (C) the amount obligated for such award; (D) the total contract value for such award, including all options; (E) the description of the purpose for such award; (F) the number of proposals or bids received; (G) the name and address of the vendor, and whether such vendor is considered a small business; (H) the period and each place of performance for such award; (I) whether such award is multiyear; (J) whether such award requires a small business subcontracting plan; and (K) the contracting office and the point of contact for such office. (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. (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. (4) Effective date Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section. (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— (1) report the estimated total contract value for such award and the amount obligated upon award; and (2) once such award is definitized, update the total contract value and amount obligated. (c) Exemption Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services. (d) Definitions In this section: (1) Covered contract award The term covered contract award — (A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, 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 such term is described 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 a covered contract award.

Passed the House of Representatives September 29, 2021. Cheryl L. Johnson, Clerk

tv_txt: IB 117th CONGRESS 1st Session H. R. 4363 IN THE HOUSE OF REPRESENTATIVES AN ACT To establish a daily public reporting requirement for covered contract awards of the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the DHS Contract Reporting Act of 2021 . 2. Daily public report of covered contract awards (a) Daily report (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— (A) the contract number, modification number, or delivery order number; (B) the contract type; (C) the amount obligated for such award; (D) the total contract value for such award, including all options; (E) the description of the purpose for such award; (F) the number of proposals or bids received; (G) the name and address of the vendor, and whether such vendor is considered a small business; (H) the period and each place of performance for such award; (I) whether such award is multiyear; (J) whether such award requires a small business subcontracting plan; and (K) the contracting office and the point of contact for such office. (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. (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. (4) Effective date Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section. (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— (1) report the estimated total contract value for such award and the amount obligated upon award; and (2) once such award is definitized, update the total contract value and amount obligated. (c) Exemption Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services. (d) Definitions In this section: (1) Covered contract award The term covered contract award — (A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, 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 such term is described 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 a covered contract award.

Passed the House of Representatives September 29, 2021. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 86 117th CONGRESS 1st Session H. R. 4363 [Report No. 117–121] IN THE HOUSE OF REPRESENTATIVES July 6, 2021 Mrs. Harshbarger (for herself and Mrs. Luria ) introduced the following bill; which was referred to the Committee on Homeland Security September 14, 2021 Additional sponsors: Mr. Katko and Ms. Slotkin September 14, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on July 6, 2021 A BILL To establish a daily public reporting requirement for covered contract awards of the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the DHS Contract Reporting Act of 2021 . 2. Daily public report of covered contract awards (a) Daily report (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— (A) the contract number, modification number, or delivery order number; (B) the contract type; (C) the amount obligated for such award; (D) the total contract value for such award, including all options; (E) the description of the purpose for such award; (F) the number of proposals or bids received; (G) the name and address of the vendor, and whether such vendor is considered a small business; (H) the period and each place of performance for such award; (I) whether such award is multiyear; (J) whether such award requires a small business subcontracting plan; and (K) the contracting office and the point of contact for such office. (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. (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. (4) Effective date Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section. (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— (1) report the estimated total contract value for such award and the amount obligated upon award; and (2) once such award is definitized, update the total contract value and amount obligated. (c) Exemption Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services. (d) Definitions In this section: (1) Covered contract award The term covered contract award — (A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, 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 such term is described 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 a covered contract award.

September 14, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: II Calendar No. 402 117th CONGRESS 2d Session H. R. 4363 [Report No. 117–120] IN THE SENATE OF THE UNITED STATES September 30, 2021 Received, read twice and referred to the Committee on Homeland Security and Governmental Affairs June 9, 2022 Reported by Mr. Peters , with an amendment Strike out all after the enacting clause and insert the part printed in italic AN ACT To establish a daily public reporting requirement for covered contract awards of the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the DHS Contract Reporting Act of 2021 . 2. Daily public report of covered contract awards (a) Daily report (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— (A) the contract number, modification number, or delivery order number; (B) the contract type; (C) the amount obligated for such award; (D) the total contract value for such award, including all options; (E) the description of the purpose for such award; (F) the number of proposals or bids received; (G) the name and address of the vendor, and whether such vendor is considered a small business; (H) the period and each place of performance for such award; (I) whether such award is multiyear; (J) whether such award requires a small business subcontracting plan; and (K) the contracting office and the point of contact for such office. (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. (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. (4) Effective date Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section. (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— (1) report the estimated total contract value for such award and the amount obligated upon award; and (2) once such award is definitized, update the total contract value and amount obligated. (c) Exemption Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services. (d) Definitions In this section: (1) Covered contract award The term covered contract award — (A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, 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 such term is described 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 a covered contract award.

1. Short title This Act may be cited as the ‘‘ DHS Contract Reporting Act of 2021 ’’. 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.

June 9, 2022 Reported with an amendment