H.R. 4363 – Reading Mode

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

(a)

Daily report

(1)

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—

(A)

the contract number, modification number, or delivery order number;

(B)

the contract type;

(C)

the amount obligated for such award;

(D)

the total contract value for such award, including all options;

(E)

the description of the purpose for such award;

(F)

the number of proposals or bids received;

(G)

the name and address of the vendor, and whether such vendor is considered a small business;

(H)

the period and each place of performance for such award;

(I)

whether such award is multiyear;

(J)

whether such award requires a small business subcontracting plan; and

(K)

the contracting office and the point of contact for such office.

(2)

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.

(3)

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.

(4)

Effective date

Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section.

(b)

Undefinitized contract action or definitized amount

If a covered contract award reported pursuant to subsection (a) includes an undefinitized contract action, the Secretary shall—

(1)

report the estimated total contract value for such award and the amount obligated upon award; and

(2)

once such award is definitized, update the total contract value and amount obligated.

(c)

Exemption

Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services.

(d)

Definitions

In this section:

(1)

Covered contract award

The term covered contract award—

(A)

means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, including unexercised options; and

(B)

includes—

(i)

contract awards governed by the Federal Acquisition Regulation;

(ii)

modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;

(iii)

orders placed on a multiple award or multiple-agency contract that includes delivery or quantity terms that are indefinite;

(iv)

other transaction authority agreements; and

(v)

contract awards made with other than full and open competition.

(2)

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.

(3)

Department

The term Department means the Department of Homeland Security.

(4)

Secretary

The term Secretary means the Secretary of Homeland Security.

(5)

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).

(6)

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.

(7)

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

(a)

Daily Contract Reporting Requirements

(1)

Report

(A)

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.

(B)

Contents

Each report under this paragraph shall include, for each covered contract award, information relating to—

(i)

the contract number, modification number, or delivery order number;

(ii)

the contract type;

(iii)

the amount obligated for the award;

(iv)

the total contract value for the award, including all options;

(v)

the description of the purpose for the award;

(vi)

the number of proposals or bids received;

(vii)

the name and address of the vendor, and whether the vendor is a small business;

(viii)

the period and primary place of performance for the award;

(ix)

whether the award is multiyear; and

(x)

the contracting office.

(2)

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.

(3)

Effective date

Paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act.

(b)

Undefinitized contract action or definitized amount

If a covered contract award reported under subsection (a) includes an undefinitized contract action, the Secretary shall—

(1)

report the estimated total contract value for the award and the amount obligated upon award; and

(2)

once there is a definitized amount for the award, update the total contract value and amount obligated.

(c)

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.

(d)

Definitions

In this section:

(1)

Covered contract award

The term covered contract award—

(A)

means a contract action of the Department with a total contract value of not less than $4,000,000, including unexercised options; and

(B)

includes—

(i)

contract awards governed by the Federal Acquisition Regulation;

(ii)

modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;

(iii)

orders placed on a multiple-award or multiple-agency contract that includes delivery or quantity terms that are indefinite;

(iv)

other transaction authority agreements; and

(v)

contract awards made with other than full and open competition.

(2)

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.

(3)

Department

The term Department means the Department of Homeland Security.

(4)

Secretary

The term Secretary means the Secretary of Homeland Security.

(5)

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).

(6)

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.

(7)

Undefinitized contract action

(e)

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