S.Amdt. 4260

1. Adds SEC. 215. FISCAL YEAR 2009 MORATORIUM ON ABUSIVE AND UNCHECKED NO BID CONTRACTS on page 45, line 25

   Adds a sectionPrinted page

   Inserted: SEC. 215. FISCAL YEAR 2009 MORATORIUM ON ABUSIVE AND UNCHECKED NO BID CONTRACTS.

   Inserted: (a) Bills and Joint Resolutions.--

   Inserted: (1) Point of order.--It shall not be in order to consider--

   Inserted: (A) a bill or joint resolution reported by any committee that includes authorized or appropriated funds and does not include the provisions described under subsection (e); or

   Inserted: (B) a Senate bill or joint resolution not reported by committee that includes authorized or appropriated funds and does not include the provisions described under subsection (e).

   Inserted: (2) Return to the calendar.--If a point of order is sustained under this subsection, the bill or joint resolution shall be returned to the calendar until compliance with this subsection has been achieved.

   Inserted: (b) Conference Report.--

   Inserted: (1) Point of order.--It shall not be in order to vote on the adoption of a report of a committee of conference that includes authorized or appropriated funds and does not include the provisions described under subsection (e).

   Inserted: (2) Return to the calendar.--If a point of order is sustained under this subsection, the conference report shall be returned to the calendar until compliance with this subsection has been achieved.

   Inserted: (c) Floor Amendment.--It shall not be in order to consider an amendment to a bill or joint resolution if the amendment includes authorized or appropriated funds and does not include the provisions described under subsection (e).

   Inserted: (d) Amendment Between the Houses.--

   Inserted: (1) In general.--It shall not be in order to consider an amendment between the Houses that includes authorized or appropriated funds and does not include the provisions described under subsection (e).

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   Inserted: (2) Return to the calendar.--If a point of order is sustained under this subsection, the amendment between the Houses shall be returned to the calendar until compliance with this subsection has been achieved.

   Inserted: (e) Required Contracting Provisions.--The required provisions referred to in subsections (a) through (d) are as follows:

   Inserted: (1) A prohibition on the award by an executive agency of a contract for the procurement of property or services that is not subject to full and open competition, except for a contract awarded--

   Inserted: (A) under section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or section 2304(c) of title 10, United States Code, as applicable;

   Inserted: (B) under section 32A of the Office of Federal Procurement Policy Act (41 U.S.C. 428a), provided that the head of the executive agency notifies the committees of Congress of jurisdiction not later than 15 days after the award of the contract, including an explanation of the justifications for such award; or

   Inserted: (C) in accordance with contracting and subcontracting goals for small business concerns owned and controlled by women and small business concerns owned and controlled by socially and economically disadvantaged individuals under sections 8(d) and 15(g) of the Small Business Act (15 U.S.C. 637(d) and 644(g)), provided that the head of the executive agency notifies the committees of Congress of jurisdiction not later than 15 days after the award of the contract, including an explanation of the justifications for such award.

   Inserted: (2) The following reporting requirements:

   Inserted: (A) The head of each executive agency for which funds are authorized or appropriated shall submit to the Office of Management and Budget and the chairmen and ranking members of the committees of Congress of jurisdiction a biannual report detailing the number of, amount of, and purpose for all contracts awarded during the current fiscal year, including all ongoing sole source, no bid, and limited bid contracts. The report shall be accompanied by a sworn affidavit of such head of an executive agency.

   Inserted: (B) The Inspector General of each executive agency for which funds are authorized or appropriated shall submit to the chairmen and ranking members of the committees of Congress of jurisdiction at the end of each fiscal year a report on the efforts of the executive agency to comply with competitive contracting requirements during such fiscal year.

   Inserted: (f) Waiver.--Any Senator may move to waive any or all points of order under this section by an affirmative vote of two-thirds of the Members, duly chosen and sworn.

   Inserted: (g) Executive Agency Defined.--In this section, the term "executive agency" has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

   Inserted: (h) Fiscal Year 2009.--The point of order under this section shall only apply to legislation providing or authorizing discretionary budget authority in fiscal year 2009.

   Original wording

   On page 45, after line 25, add the following:

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As printed