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

May 1, 2003

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

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.

END