,,ii #aacth ,,congress #ast ,session ,s4 #ii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bc 7legislative day1 ,january #c71 #bjac ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to provide for full and open competition for ,federal contracts related to natural disaster reconstruction efforts4 #a4 ,short title ,this ,act may be cited as the ,natural ,disaster ,fairness in ,contracting ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,executive agency ,the term executive agency has the meaning given the term in section #d of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #djc74 7#b7 ,full and open competitive procedures ,the term full and open competitive procedures has the meaning given the term full and open competition in section #d of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #djc74 7#c7 ,natural disaster reconstruction efforts ,the term natural disaster reconstruction efforts means reconstruction efforts undertaken in an area subject to a declaration by the ,president of a major disaster under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 #c4 ,competition requirements 7a7 ,in general ,except as provided under subsection 7b71 the head of an executive agency1 in entering into a contract to procure property or services in connection with natural disaster reconstruction efforts1 shall comply with the requirements under section #cjc of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec74 7b7 ,exceptions ,the exceptions to the requirement for competitive procedures provided under paragraphs 7#c71 7#d71 and 7#g7 of section #cjc7;c7 of such ,act shall not apply to a contract described in subsection 7a74 #d4 ,written approval for use of noncompetitive procedures required for certain contracts 7a7 ,approval required ,the head of an executive agency may enter into a contract to procure property or services in connection with natural disaster reconstruction efforts using other than full and open competition only upon the written approval of the ,president or the ,president's designee4 7b7 ,congressional notification required 7#a7 ,in general ,if procedures other than full and open competitive procedures are to be used to enter into a contract described in subsection 7a71 the head of the executive agency negotiating such contract shall notify the ,committee on ,appropriations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and the standing committees of the ,senate and the ,house of ,representatives that have jurisdiction over the executive agency not later than #g calendar days before the award of the contract4 7#b7 ,justification ,the notification under paragraph 7#a7 shall include-- 7,a7 the justification for the use of other than full and open competitive procedures2 7,b7 a brief description of the contract's scope2 7,c7 the amount of the contract2 7,d7 a discussion of how the contracting agency identified and solicited offers from contractors2 7,e7 a list of the contractors solicited2 and 7,f7 the justification and approval documents1 required under section #cjc7;f77#a7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec7;f77#a771 upon which the determination of use of procedures other than full and open competitive procedures was based4 7c7 ,scope of requirements 7#a7 ,size of contracts ,this section shall not apply to contracts of less than #e1jjj1jjj4 7#b7 ,applicability ,this section shall apply to any extension1 amendment1 or modification of a contract for the procurement of property or services in connection with natural disaster reconstruction efforts entered into before the date of the enactment of this ,act using other than full and open competitive procedures4 7#c7 ,small business exception ,this section shall not apply to contracts authorized under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq474 #e4 ,disclosure required 7a7 ,publication and public availability 7#a7 ,in general ,the head of an executive agency that enters into a contract for the procurement of property or services in connection with natural disaster reconstruction efforts through the use of other than full and open competitive procedures shall publish in the ,federal ,register or ,federal ,business ,opportunities1 and otherwise make available to the public not later than #g calendar days before the date on which the contract is finalized-- 7,a7 the amount of the contract2 7,b7 a brief description of the scope of the contract2 7,c7 an explanation of how the executive agency identified1 and solicited offers from1 potential contractors to perform the contract1 and a list of the potential contractors that were issued solicitations for the offers2 and 7,d7 the justification and approval documents1 required under section #cjc7;f77#a7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec7;f77#a771 on which was based the determination to use procedures other than competitive procedures4 7#b7 ,scope of requirements 7,a7 ,size of contracts ,this section shall not apply to contracts of less than #e1jjj1jjj4 7,b7 ,applicability ,this section shall apply to any extension1 amendment1 or modification of a contract entered into before the date of the enactment of this ,act using other than full and open competitive procedures4 7,c7 ,small business exception ,this section shall not apply to contracts authorized under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq474 7b7 ,relationship to other disclosure laws ,nothing in this section may be construed as affecting obligations to disclose ,united ,states ,government information under any other provision of law4 #f4 ,contracts entered into under unusual and compelling urgency exception 7a7 ,requirement for performance within #f-,month period ,the head of an executive agency may not rely on the exception under section #cjc7;c77#b7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec7;c77#b77 to enter into a contract to procure property or services in connection with natural disaster reconstruction efforts using procedures other than competitive procedures unless the contract will be performed within a #f-month period4 7b7 ,extended notification and disclosure deadlines ,the notification and disclosure deadlines under sections #d7;b7 and #e7;a77#a71 respectively1 shall be #g calendar days after the date on which a contract described in subsection 7a7 is finalized4