S.Amdt. 5603

1. Adds SEC. __. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID CONTRACTS AND NONCOMPETITIVE GRANTS wherever appropriate

   Adds a section

   Inserted: SEC. __. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID CONTRACTS AND NONCOMPETITIVE GRANTS.

   Inserted: (a) Prohibition.--

   Inserted: (1) Contracts.--

   Inserted: (A) In general.--Notwithstanding any other provision of this Act, all contracts greater than $5 million awarded by the Department of Defense to implement new programs or projects, including congressional initiatives, shall be awarded using competitive procedures in accordance with the requirements of section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.

   Inserted: (B) Bid requirement.--Except as provided in paragraph (3), no contract maybe awarded by the Department of Defense to implement a new program or project, including a congressional initiative, unless more than one bid is received for such contract.

   Inserted: (2) Grants.--Notwithstanding any other provision of this Act, no funds may be awarded by the Department of Defense by grant or cooperative agreement to implement a new program or project including a congressional initiative unless the process used to award such grant or cooperative agreement uses competitive or merit-based procedures to select the grantee or award recipient. Except as provided in paragraph (3), no such grant or cooperative agreement may be awarded unless applications for such grant or cooperative agreement are received from two or more applicants that are not from the same organization and do not share any financial, fiduciary, or other organizational relationship.

   Inserted: (3) Waiver authority.--In general.--If the Secretary of Defense does not receive more than one bid for a contract under paragraph (I)(B) or does not receive more than one application from unaffiliated applicants for a grant or cooperative agreement under paragraph (2), the Secretary may waive such bid or application requirement if the Secretary determines that the new program or project--

   Inserted: (A) cannot be implemented without a waiver; and

   Inserted: (B) will help meet important national defense needs.

   Inserted: (b) Congressional Initiative Defined.--In this section, the term "congressional initiative" means a provision of law or a directive contained within a committee report or joint statement of managers of an appropriations Act that specifies--

   Inserted: (1) the identity of a person or entity selected to carry out a project, including a defense system, for which funds are appropriated or otherwise made available by that provision of law or directive and that was not requested by the President in a budget submitted to Congress;

   Inserted: (2) the specific location at which the work for a project is to be done; and

   Show 1 more inserted paragraphShow less

   Inserted: (3) the amount of the funds appropriated or otherwise made available for such project.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed