WIPP Update: Senate Passes Gov't Contracting Act

Senate Unanimously Passes Accountability
in Government Contracting Act of 2007 (S 680)

Last month, bipartisan legislation was unanimously passed by the Senate that aims to increase competition and accountability in federal contracting.

S 680, the Accountability in Government Contracting Act of 2007, was sponsored by Senators Lieberman (I-CT) and Collins (R-ME). The bill addresses federal acquisition practices by recognizing the need for experienced and qualified individuals within the acquisition workforce. The bill creates training and intern programs, requires chief acquisition officers to develop succession plans, requires agency heads to establish acquisition and contracting training programs, and creates a new Associate Administrator for Acquisition Workforce Programs in the Office of Federal Procurement Policy (OFPP). S 680 also creates a Contingency Contracting Corps of trained acquisition personnel to respond in emergencies, in an effort to reduce waste, fraud and abuse caused by poorly structured or managed emergency contracts.

The following are key changes to contracting:

• Requires Agencies to compete all task and delivery orders over $100,000.
  
• Requires more detailed statements of work and post-award debriefings for orders over $5 million.
  
• Limits the length of sole-source contracts awarded in cases of “urgent and compelling need” to 270 days.
  
• If agencies intend on making major changes related to the price, scope, or schedule of contracts, it must be done within 180 days or before 40% percent of the work is completed.
  
• Requires OFPP to collect and make publicly available data on the numbers, scope, users, and rationales for interagency contracts, and to approve all proposed multi-agency IDIQ contracts before they are awarded.
  
• Prohibits the award of an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for services valued over $100 million to a single vendor.
  
• Requires the GSA, OMB, and IRS to seek better analysis of purchase card use to identify fraud, identify potential savings, negotiate discounts, collect and disseminate best practices, and to address small business concerns in micro-purchases.
  
• Requires OFPP to provide guidance to agencies on the appropriate use of lead systems integrators.

The House passed their version of the bill, HR 1362, on March 15, 2007. The Senate and House now must agree on final provisions. We will keep you posted on any and all developments.