S.Amdt. 2247

SA 2247. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2997, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

prohibition on no-bid contracts, grants, and earmarks

Sec. __. (a) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be--

(1) used to make any payment in connection with a contract not awarded using competitive procedures in accordance with the requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 of title 10, United States Code, and the Federal Acquisition Regulation;

(2) awarded by grant not subjected to merit-based competitive procedures, needs-based criteria, and other procedures specifically authorized by law to select the grantee or award recipient; or

(3) spent on a congressionally directed spending item, as defined by Rule XLIV of the Standing Rules of the Senate, not subjected to merit-based competitive procedures, needs-based criteria, and other procedures specifically authorized by law to select the grantee to perform the activity to be provided by the congressionally directed spending item.

(b) This prohibition shall not apply to the awarding of contracts or grants with respect to which--

(1) no more than one applicant submits a bid for a contract or grant; or

(2) Federal law specifically authorizes a grant or contract to be entered into without regard for these requirements, including formula grants for States.