To prohibit no-bid contracts and grants.

SA 2248. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback)
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; as follows:

At the appropriate place, insert the following:

prohibition on no-bid contracts and grants

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.
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