II
Calendar No. 402
117th CONGRESS
2d Session
H. R. 4363
[Report No. 117–120]
IN THE SENATE OF THE UNITED STATES
September 30, 2021
Received, read twice and referred to the Committee on Homeland Security and Governmental Affairs
June 9, 2022
Reported by Mr. Peters, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
AN ACT
To establish a daily public reporting requirement for covered contract awards of the Department of Homeland Security, and for other purposes.
Short title
This Act may be cited as the DHS Contract Reporting Act of 2021
.
Daily public report of covered contract awards
Daily report
In general
The Secretary shall post, maintain, and update in accordance with paragraph (2), on a publicly available website of the Department, a daily report of all covered contract awards. Each reported covered contract award shall include information relating to—
the contract number, modification number, or delivery order number;
the contract type;
the amount obligated for such award;
the total contract value for such award, including all options;
the description of the purpose for such award;
the number of proposals or bids received;
the name and address of the vendor, and whether such vendor is considered a small business;
the period and each place of performance for such award;
whether such award is multiyear;
whether such award requires a small business subcontracting plan; and
the contracting office and the point of contact for such office.
Update
Updates referred to in paragraph (1) shall occur not later than two business days after the date on which the covered contract is authorized or modified.
Subscribing to alerts
The website referred to in paragraph (1) shall provide the option to subscribe to an automatic notification of the publication of each report required under such paragraph.
Effective date
Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section.
Undefinitized contract action or definitized amount
If a covered contract award reported pursuant to subsection (a) includes an undefinitized contract action, the Secretary shall—
report the estimated total contract value for such award and the amount obligated upon award; and
once such award is definitized, update the total contract value and amount obligated.
Exemption
Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services.
Definitions
In this section:
Covered contract award
The term covered contract award
—
means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, including unexercised options; and
includes—
contract awards governed by the Federal Acquisition Regulation;
modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;
orders placed on a multiple award or multiple-agency contract that includes delivery or quantity terms that are indefinite;
other transaction authority agreements; and
contract awards made with other than full and open competition.
Definitized amount
The term definitized amount
means the final amount of a covered contract award after agreement between the Department and the contractor at issue.
Department
The term Department
means the Department of Homeland Security.
Secretary
The term Secretary
means the Secretary of Homeland Security.
Small business
The term small business
means an entity that qualifies as a small business concern, as such term is described under section 3 of the Small Business Act (15 U.S.C. 632).
Total contract value
The term total contract value
means the total amount of funds expected to be provided to the contractor at issue under the terms of the contract through the full period of performance.
Undefinitized contract action
The term undefinitized contract action
means any contract action for which the contract terms, specifications, or price is not established prior to the start of the performance of a covered contract award.
Short title
This Act may be cited as the ‘‘DHS Contract Reporting Act of 2021’’.
Daily public report of covered contract awards
Daily Contract Reporting Requirements
Report
In general
The Secretary shall post, maintain, and update in accordance with paragraph (2), on a publicly available website of the Department, a daily report of all covered contract awards.
Contents
Each report under this paragraph shall include, for each covered contract award, information relating to—
the contract number, modification number, or delivery order number;
the contract type;
the amount obligated for the award;
the total contract value for the award, including all options;
the description of the purpose for the award;
the number of proposals or bids received;
the name and address of the vendor, and whether the vendor is a small business;
the period and primary place of performance for the award;
whether the award is multiyear; and
the contracting office.
Update
The Secretary shall make updates referred to in paragraph (1) not later than 5 business days after the date on which a covered contract is authorized or modified.
Effective date
Paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act.
Undefinitized contract action or definitized amount
If a covered contract award reported under subsection (a) includes an undefinitized contract action, the Secretary shall—
report the estimated total contract value for the award and the amount obligated upon award; and
once there is a definitized amount for the award, update the total contract value and amount obligated.
Exemption
Each report required under subsection (a) shall not include covered contract awards for which synopsis was exempted under section 5.202(a)(1) of the Federal Acquisition Regulation, or any successor thereto.
Definitions
In this section:
Covered contract award
The term covered contract award—
means a contract action of the Department with a total contract value of not less than $4,000,000, including unexercised options; and
includes—
contract awards governed by the Federal Acquisition Regulation;
modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;
orders placed on a multiple-award or multiple-agency contract that includes delivery or quantity terms that are indefinite;
other transaction authority agreements; and
contract awards made with other than full and open competition.
Definitized amount
The term definitized amount means the final amount of a covered contract award after agreement between the Department and the contractor at issue.
Department
The term Department means the Department of Homeland Security.
Secretary
The term Secretary means the Secretary of Homeland Security.
Small business
The term small business means an entity that qualifies as a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632).
Total contract value
The term total contract value means the total amount of funds expected to be provided to the contractor at issue under the terms of the contract through the full period of performance.
Undefinitized contract action
The term undefinitized contract action means any contract action for which the contract terms, specifications, or price is not established prior to the start of the performance of the covered contract award.
Sunset
This section shall cease to have force or effect on the date that is 5 years after the date of enactment of this Act.
June 9, 2022
Reported with an amendment