S.Amdt. 5729

SA 5729. Mr. BLUNT submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title III, add the following:

SEC. 389. REVIEW BY DEPARTMENT OF THE ARMY OF EXECUTION OF FOOD SERVICE CONTRACTS.

(a) Review Required.--

(1) In general.--The Secretary of the Army shall conduct a review of the practices of the Mission and Installation Contracting Command of the Army in executing existing food service contracts.

(2) Elements.--The review required by paragraph (1) shall examine the following:

(A) Whether current food service contract payment practices of the Mission and Installation Contracting Command are consistent with the contractual obligations and policy of such command, including--

(i) delaying or withholding scheduled contractor payment;

(ii) making pre-payment deductions from contractor payment;

(iii) reducing contract payment price if the number of alleged performance defects is within the acceptable quality level stated in the contract; and

(iv) reducing contractor payment based upon deficiencies without informing the contractor of such deficiencies.

(B) Whether current inspection practices are consistent with the contractual obligations and policy of such command, including--

(i) prohibiting a contractor or their representative from accompanying inspectors; and

(ii) refusing to provide to a contractor copies of inspection reports or results of an inspection.

(C) The percentage of deductions identified in the inspection process relating to food service contracts that are a direct result of the failure by the Department of the Army to replace or repair food service-related equipment.

(D) At which installations of the Army the practices specified in clauses (i) through (iv) of subparagraph (A) and clauses (i) and (ii) of subparagraph (B) have taken place since October 1, 2021.

(b) Report Required.--Not later than September 30, 2023, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the review conducted under subsection (a).