Safe and Smart Federal Purchasing Act

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5528) to evaluate the impact of the lowest price technically acceptable source selection process on national security, and for other purposes, as amended.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on this measure.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise in support of H.R. 5528, the Safe and Smart Federal Purchasing Act.

Lowest Price Technically Acceptable is a source selection method outlined in the Federal Acquisition Regulation.

Simply put, this Federal Acquisition Regulation standard prioritizes price above all else.

Prioritizing price over any other technical or operational factors in Federal procurement can result in agencies cutting corners, sacrificing long-term value, and potentially jeopardizing national security.

The House Oversight Committee, in previous Congresses, placed appropriate constraints on agency use of the LPTA source selection process to mitigate such concerns.

Those constraints recognized that the LPTA standard is not always appropriate when agencies seek to purchase technically innovative services or technology.

Therefore, my bill requires the Director of the Office of Management and Budget to conduct a governmentwide evaluation of the LPTA source selection process to determine if it is being used in the way that creates any national security risks.

This is a useful step forward understanding how agencies are using LPTA in their source selection decisions, and will determine whether agencies are relying on LPTA when it is not appropriate.

This review is a commonsense step to ensuring America's national security, while also reducing supply chain risks to Federal agencies.

Madam Speaker, I thank my colleague from Virginia, Mr. Gerry Connolly, and my colleague from Colorado, Ms. Lauren Boebert, for their support in drafting this legislation.

Madam Speaker, I urge my colleagues to support this simple and necessary bill, and I reserve the balance of my time.

Madam Speaker, I have no further speakers on this bill, and I reserve the balance of my time.

Madam Speaker, the Safe and Smart Federal Purchasing Act is a measured and targeted legislation that can inform future congressional work on Federal procurement, a policy area we know is ripe for reform and taxpayer savings.

Madam Speaker, I encourage my colleagues in the House to support this commonsense bipartisan bill, and I yield back the balance of my time.

Madam Speaker, on that I demand the yeas and nays.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, the gentleman's legislation, H.R. 5528, the Safe and Smart Federal Purchasing Act, would require the Director of OMB to review the procurement management practices of Federal agencies to determine whether the use of acquisition procedures focused exclusively on costs known as Lowest Price Technically Acceptable, or LPTA, poses any national security risks.

Since our committee reported this bill last September, I appreciate that Mr. Donalds and the majority sought and incorporated feedback from the administration, and also earned bipartisan support with the cosponsorship of Mr. Connolly, a longtime expert in Federal operations. With these updates, I am happy to lend my full support to this legislation.

When Federal agencies purchase goods or services, they strive to achieve the best value for the American people. In the words of the Federal Acquisition Regulation, best value means that the acquisition should provide ``the greatest overall benefit in response to the requirement.''

Under LPTA procedures, price is the controlling factor in awarding a contract with no consideration given to any other factors. This contrasts with the more frequently used tradeoff approach which looks at the bigger picture and considers additional factors beyond just cost, perhaps assessing elements like quality and performance, or a bidder's technical or managerial expertise.

This bill, and the tradeoff approach to Federal contracting, take into consideration that focusing on contract price alone can actually increase the overall cost to the Federal Government and the people.

For example, cutting costs in the short term can lead to expensive project delays, or might result in taxpayer dollars flowing to adversarial nations that threaten our national security.

If no consideration is given to the strength and integrity of a bidder's supply chain, cutting costs in the short term could lead to inferior products or disastrous supply shortages at key moments.

Madam Speaker, I am happy to give my support to this legislation, and I reserve the balance of my time.

Madam Speaker, I yield back the balance of my time.

Mr. Speaker, on January 29, 2024, I did not vote on Roll Call votes 20 and 21 as my flight was significantly delayed. Had I been present I would have voted: AYE on Roll Call No. 20, H.R. 5528, the Safe and Smart Federal Purchasing Act; and AYE on Roll Call No. 21, S. 3427, the Overtime Pay for Protective Services Act.

Mr. Speaker, due to flight disruptions, I was unfortunately unable to cast my vote for legislation considered on the House floor today. Had I been able to be present, I would have voted ``yea'' on rollcall No. 20, H.R. 5528, as amended, and ``yea'' on rollcall No. 21, S. 3427.

personal explanation

Mr. Speaker, on January 29, 2024, I missed two roll call votes. Had I been present, I would have voted: Yes on Roll Call No. 20, On motion to suspend the rules and pass H.R. 5528; and Yes on Roll Call No. 21, On motion to suspend the rules and pass S. 3427.