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Full Text of this Amendment

SA 310. Mr. MCCAIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:
SEC. 504. PROHIBITION ON CERTAIN NO-BID CONTRACTS.
(a) Definitions.--In this section--
(1) the term "appropriate official" means the official of the Department who is designated to approve the award of sole-source contracts;
(2) the term "covered participant" means an Indian tribe, Alaska Native Corporation or Alaska Native Village, Native Hawaiian Organization, or community development corporation participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a));
(3) the term "Department" means the Department of Homeland Security; and
(4) the term "Secretary" means the Secretary of Homeland Security.
(b) In General.--The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that the Secretary may not award a sole-source contract under the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) to a covered participant for an amount exceeding $4,000,000, if the covered contract is for the procurement of services, or $6,500,000 if the covered contract is for the procurement of property, unless--
(1) the contracting officer for the contract justifies the use of a sole-source contract in writing;
(2) the justification is approved by the appropriate official designated to approve contract awards for dollar amounts that are comparable to the amount of the sole-source contract; and
(3) the justification and related information are made public.
(c) Elements of Justification.--The justification of a sole-source contract required under subsection (b) shall include--
(1) a description of the needs of the Department for the matters covered by the contract;
(2) a specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract;
(3) a determination that the use of a sole-source contract is in the best interest of the Department;
(4) a determination that the anticipated cost of the contract will be fair and reasonable; and
(5) such other matters as the Secretary shall specify for purposes of this section.
(d) Adjustment of Amounts.--The dollar amounts described in subsection (b) shall be adjusted for inflation in accordance with section 1908 of title 41, United States Code.


(As printed in the Congressional Record for the Senate on May 3, 2011.)