S. 981

Business and Taxpayer Procurement Protection Act

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 981 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 981

To limit the period for which the Federal Government may procure
property or services using noncompetitive procedures during emergency
and urgent situations.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 1, 2003

Mrs. Boxer introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs

_______________________________________________________________________

A BILL

To limit the period for which the Federal Government may procure
property or services using noncompetitive procedures during emergency
and urgent situations.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Business and Taxpayer Procurement
Protection Act''.

SEC. 2. LIMITATION ON CONTRACTS AWARDED ON A NONCOMPETITIVE BASIS.

(a) In General.--Notwithstanding any other provision of law or
regulation, including the Federal Property and Administrative Services
Act of 1949, section 2304 of title 10, United States Code, and the
Federal Acquisition Regulation--
(1) any procurement for property or services that is not
subject to competitive procedures under a provision of law or
regulation set forth in subsection (b) may not exceed 90 days;
and
(2) if any property or services procured under the
limitations of paragraph (1) are required beyond the 90 days
referred to in paragraph (1), such property or services shall--
(A) during the 90-day period, be the subject of a
full and open competition in accordance with the
appropriate law or regulation; and
(B) shall not be procured using procedures other
than competitive procedures under a provision of law or
regulation set forth in subsection (b).
(b) Applicability.--The provisions of law and regulations referred
to in subsection (a) are the following:
(1) Subsections (c)(2), (c)(3)(A), (c)(7), and
(d)(1)(B)(ii) of section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253).
(2) Subsections (c)(2), (c)(3)(A), (c)(7), and
(d)(1)(B)(ii) of section 2304 of title 10, United States Code.
(3) Any other provision of law or regulation that provides
for the use of noncompetitive procedures for the same or a
similar reason as those referred to in paragraphs (1) and (2).

SEC. 3. EFFECTIVE DATE.

This Act shall apply with respect to contracts entered into after
the date of the enactment of this Act.
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