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Billno should always have and extension i.e. h1.ih

Clean Contracting in Iraq Act of 2003 (Introduced in House)

HR 3275 IH

108th CONGRESS

1st Session

H. R. 3275

To require transparency, increased competition in contracting, and the increased use of Iraqi contractors in Iraq.

IN THE HOUSE OF REPRESENTATIVES

October 8, 2003

Mrs. MALONEY (for herself, Mr. WAXMAN, and Mr. HINCHEY) introduced the following bill; which was referred to the Committee on Government Reform

A BILL

To require transparency, increased competition in contracting, and the increased use of Iraqi contractors in Iraq.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Clean Contracting in Iraq Act of 2003'.

SEC. 2. TRANSPARENCY IN CONTRACTING: NOTIFICATION TO CONGRESS.

(a) NOTIFICATION TO CONGRESS- (1) The head of an executive agency that enters into a contract, or task or delivery order under a task or delivery order contract, in excess of $1,000,000 relating to activities in Iraq shall, within 7 days after entering into the contract or order, notify the chairman and ranking member of the committees described in subsection (b) that the contract or order has been entered into.

(2) Upon request of the chairman or ranking member of a committee described in subsection (b), the head of an executive agency shall provide, within 14 days after receipt of the request, unredacted copies of any documents required to be maintained in the contracting office contract file, the contract administration office contract file, and the paying office contract file pursuant to subpart 4.8 of the Federal Acquisition Regulation, including--

(A) copies of the contract and all modifications;

(B) orders issued under the contract;

(D) any government estimate of contract price;

(E) source selection documentation;

(F) cost or price analysis;

(G) audit reports;

(H) justification for type of contract;

(I) authority for deviations from regulations, statutory requirements, or other restrictions;

(J) bills, invoices, vouchers, and supporting documents; and

(K) records of payments or receipts.

(b) COMMITTEES- The committees referred to in subsection (a) are the following:

(1) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.

(2) The Committees on Appropriations of the Senate and House of Representatives.

(3) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of the department or agency to which the contract, task or delivery order, or documents referred to in paragraph (1) or (2) of subsection (a) relates.

SEC. 3. COMPETITION IN CONTRACTING FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.

(a) REQUIREMENTS FOR COMPETITION- Notwithstanding any other provision of law, and subject to subsection (b), none of the funds appropriated by this Act to carry out sections 103 through 106 and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2151d; 2346 et seq.) that are made available for assistance for Iraq may be used--

(1) to enter into any Federal contract (including any follow-on contract) through the use of procedures other than competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5)); or

(2) for a task or delivery order in excess of $1,000,000 issued under a task or delivery order contract unless such contract was awarded to two or more contractors, and such contractors have a fair opportunity to be considered for the task or delivery order.

(b) LIMITATIONS- (1) Subsection (a)(1) shall not apply in the case of a contract for which the Director of the Office of Management and Budget approves the use of procedures other than competitive procedures by reason of the application of paragraph (1), (2), (3), (4), (5), (6), or (7) under section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)).

(2) Subsection (a)(2) shall not apply in the case of a task or delivery order contract for which the head of the executive agency concerned approves the application of paragraph (1), (2), (3) or (4) of section 303J(b) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(b)) to such contract.

SEC. 4. IRAQI INVOLVEMENT.

(a) PLAN- The head of each executive agency entering into a contract relating to activities in Iraq shall develop a plan for minimizing costs to the Federal Government through the use of Iraqi firms.

(b) COMPONENTS OF PLAN- (1) The plan shall require the head of each executive agency to assess, before entering into a contract relating to activities in Iraq, whether the use of Iraqi firms to carry out the contract could reduce the costs of such contract to the Federal Government.

(2) The plan may provide for the waiver of otherwise applicable Federal procurement laws or regulations with respect to the contract if the head of the executive agency determines that such laws or regulations impede the ability of the executive agency to reduce the costs of such contract to the Federal Government through the use of Iraqi firms.

(3) The plan shall ensure that all contracts with respect to which laws or regulations are waived pursuant to paragraph (2) are entered into using contracting procedures that are open, fair, accountable, and, to the maximum extent practicable, competitive.

SEC. 5. LEGAL STATUS OF COALITION PROVISIONAL AUTHORITY FOR IRAQ.

In this section:

(1) The term `executive agency' has the meaning given such term in section 105 of title 5, United States Code. For purposes of the following provisions of law, the term includes the Coalition Provisional Authority for Iraq:

(A) Procurement statutes, including chapters 137 and 141 of title 10, United States Code, title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), and the Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.).

(B) Section 552 of title 5, United States Code (known as the Freedom of Information Act).

(C) Financial management statutes requiring the preparation of audited financial statements, including section 3535 of title 31, United States Code.

(2) The term `Coalition Provisional Authority for Iraq' means the entity charged by the President with directing reconstruction efforts in Iraq.

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