S.Amdt. 310

1. Adds SEC. 504. PROHIBITION ON CERTAIN NO-BID CONTRACTS at the end of the bill

   Adds a section

   In S. 493 · Reported to Senate

   "(mm) Competitive Selection Procedures for SBIR and STTR Programs.--All funds awarded, appropriated, or otherwise made available in accordance with subsection (f) or (n) must be awarded pursuant to competitive and merit-based selection procedures.".

   Inserted: SEC. 504. PROHIBITION ON CERTAIN NO-BID CONTRACTS.

   Inserted: (a) Definitions.--In this section--

   Inserted: (1) the term "appropriate official" means the official of the Department who is designated to approve the award of sole-source contracts;

   Inserted: (2) the term "covered participant" means an Indian tribe, Alaska Native Corporation or Alaska Native Village, Native Hawaiian Organization, or community development corporation participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a));

   Inserted: (3) the term "Department" means the Department of Homeland Security; and

   Inserted: (4) the term "Secretary" means the Secretary of Homeland Security.

   Inserted: (b) In General.--The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that the Secretary may not award a sole-source contract under the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) to a covered participant for an amount exceeding $4,000,000, if the covered contract is for the procurement of services, or $6,500,000 if the covered contract is for the procurement of property, unless--

   Inserted: (1) the contracting officer for the contract justifies the use of a sole-source contract in writing;

   Inserted: (2) the justification is approved by the appropriate official designated to approve contract awards for dollar amounts that are comparable to the amount of the sole-source contract; and

   Inserted: (3) the justification and related information are made public.

   Inserted: (c) Elements of Justification.--The justification of a sole-source contract required under subsection (b) shall include--

   Inserted: (1) a description of the needs of the Department for the matters covered by the contract;

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   Inserted: (2) a specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract;

   Inserted: (3) a determination that the use of a sole-source contract is in the best interest of the Department;

   Inserted: (4) a determination that the anticipated cost of the contract will be fair and reasonable; and

   Inserted: (5) such other matters as the Secretary shall specify for purposes of this section.

   Inserted: (d) Adjustment of Amounts.--The dollar amounts described in subsection (b) shall be adjusted for inflation in accordance with section 1908 of title 41, United States Code.

   Original wording

   At the end, add the following:

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

As printed