Bill 110-HR-1362 — Government Operations / Procurement & Contractors
Subject: Government operations and politics

Accountability in Contracting Act - Title I: Improving the Quality of Contracts - (Sec. 101) Requires the revision of the Federal Acquisition Regulation (FAR) within one year after the enactment of this Act to restrict the contract period of certain noncompetitive federal contracts in excess of $1 million to the minimum contract period necessary to: (1) meet the urgent and compelling requirements of the work to be performed under such contract; and (2) enter into another contract through the use of competitive procedures. Requires FAR to limit noncompetitive contract periods to not more than one year unless the head of the executive agency concerned determines that the government would be seriously injured by the limitation on the contract period. (Sec. 102) Requires certain executive agency heads (including the Under Secretary of Defense for Acquisition, Technology, and Logistics) who award contracts in a total amount of at least $1 billion to develop and implement plans to minimize the use of noncompetitive contracts. Requires such plans to contain measurable goals and to be submitted to specified oversight and other committees of Congress and the Comptroller General. Requires the Comptroller General to review and report to Congress on such plans. Exempts certain contracts entered into under the Small Business Act and other small business programs for HUBZone small business concerns and disabled veterans.(Sec. 103) Requires certain executive agency heads (including the Under Secretary of Defense for Acquisition, Technology, and Logistics) who award contracts in a total amount of at least $1 billion to develop and implement plans to maximize the use of fixed-price type contracts for the procurement of goods and services. Requires such plans to contain measurable goals and to be submitted to specified oversight and other committees of Congress and the Comptroller General. Requires the Comptroller General to review and report to Congress on such plans. Title II: Increasing Contract Oversight - (Sec. 201) Amends the Federal Property and Administrative Services Act of 1949 to require executive agency heads (including Defense Department agency heads) to make publicly available (on the website of the agency and through the Federal Procurement Data System) certain justification and approval documents for using noncompetitive contract procedures within 14 days after the award of a contract. Requires public disclosure of such documents for contracts awarded on the basis of urgent and compelling needs within 30 days of a contract award. (Sec. 202) Requires the head of each federal agency and the Under Secretary of Defense for Acquisition, Technology, and Logistics to submit to specified congressional committees quarterly reports on audits of contractor costs and performance.(Sec. 203) Requires the Administrator for Federal Procurement Policy to: (1) conduct a study of the composition, scope, and functions of the government-wide acquisition workforce and develop a comprehensive definition of such workforce; and (2) report to specified congressional committees on such study with recommendations.(Sec. 204) Makes permanent the authority for the acquisition workforce training fund.(Sec. 205) Requires a federal agency that intends to award a noncompetitive contract to a foreign-owned company based in a country that has repeatedly provided support for acts of international terrorism to notify specified congressional committees at least 30 days before awarding such contract.(Sec. 206) Prohibits an executive agency from awarding a contract to an institution of higher education that has a policy or practice that prohibits or prevents access to its students for the purpose of military recruiting. Exempts educational institutions that have a longstanding policy of pacifism based on historical religious affiliation.Title III: Promoting Integrity in Contracting - (Sec. 301) Amends the Office of Federal Procurement Policy Act to: (1) prohibit former federal officials from accepting compensation from contractors as lawyers or lobbyists; (2) allow former federal officials to accept compensation from any division or affiliate of a contractor that does not produce the same or similar products or services if a designated ethics officer determines that the acceptance of such compensation would not damage public confidence in the integrity of the procurement process; (3) require federal procurement officers to disclose job offers made to their relatives; (4) prohibit federal employees who are former employees of a federal contractor from being personally and substantially involved with any award of a contract to their former employer, or in the administration of such contract at a senior personnel level, for one year after the federal employee leaves the employment of the contractor unless a waiver is granted; and (5) require the Administrator of the Office of Federal Procurement Policy to promulgate regulations to enforce these requirements and monitor and investigate individual and agency compliance.(Sec. 302) Requires the Director of the Office of Government Ethics to submit a report to Congress, , with the Director's recommendations, on requiring government contractors that advise federal agencies on procurement policy and federally funded research and development centers to comply with restrictions on personal financial interests.