[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4363 Reported in Senate (RS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``DHS Contract Reporting Act
of 2021''.</DELETED>
<DELETED>SEC. 2. DAILY PUBLIC REPORT OF COVERED CONTRACT
AWARDS.</DELETED>
<DELETED> (a) Daily Report.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the contract number, modification
number, or delivery order number;</DELETED>
<DELETED> (B) the contract type;</DELETED>
<DELETED> (C) the amount obligated for such
award;</DELETED>
<DELETED> (D) the total contract value for such
award, including all options;</DELETED>
<DELETED> (E) the description of the purpose for
such award;</DELETED>
<DELETED> (F) the number of proposals or bids
received;</DELETED>
<DELETED> (G) the name and address of the vendor,
and whether such vendor is considered a small
business;</DELETED>
<DELETED> (H) the period and each place of
performance for such award;</DELETED>
<DELETED> (I) whether such award is
multiyear;</DELETED>
<DELETED> (J) whether such award requires a small
business subcontracting plan; and</DELETED>
<DELETED> (K) the contracting office and the point
of contact for such office.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Effective date.--Paragraph (1) shall take
effect on the date that is 180 days after the date of the
enactment of this section.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) report the estimated total contract value for
such award and the amount obligated upon award; and</DELETED>
<DELETED> (2) once such award is definitized, update the
total contract value and amount obligated.</DELETED>
<DELETED> (c) Exemption.--Each report required under subsection (a)
shall not include covered contract awards relating to classified
products, programs, or services.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) Covered contract award.--The term ``covered
contract award''--</DELETED>
<DELETED> (A) means a contract action of the
Department with the total authorized dollar amount of
$4,000,000 or greater, including unexercised options;
and</DELETED>
<DELETED> (B) includes--</DELETED>
<DELETED> (i) contract awards governed by
the Federal Acquisition Regulation;</DELETED>
<DELETED> (ii) modifications to a contract
award that increase the total value, expand the
scope of work, or extend the period of
performance;</DELETED>
<DELETED> (iii) orders placed on a multiple
award or multiple-agency contract that includes
delivery or quantity terms that are
indefinite;</DELETED>
<DELETED> (iv) other transaction authority
agreements; and</DELETED>
<DELETED> (v) contract awards made with
other than full and open competition.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Department.--The term ``Department'' means the
Department of Homeland Security.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Contract Reporting Act of
2021''.
SEC. 2. 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.--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.
(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.
Calendar No. 402
117th CONGRESS
2d Session
H. R. 4363
[Report No. 117-120]
_______________________________________________________________________
AN ACT
To establish a daily public reporting requirement for covered contract
awards of the Department of Homeland Security, and for other purposes.
_______________________________________________________________________
June 9, 2022
Reported with an amendment