As a glimpse into what may be priorities of the new Democratic majority in Congress, a group of Democrats on the House Government Reform Committee have introduced “clean contracting” legislation in response to what they assert are the Bush Administration’s inadequate responses to alleged waste and abuse of Katrina and Iraq-related contracting practices.  The bill’s provisions would

1. limit terms of noncompetitive contracts
2. increase competition for orders under IDIQ contracts
3. enhance public disclosure of sole-source justifications
4. strongly discourage single-award IDIQ contracts over $10 million
5. stem use of “tiers” of subcontractors to reduce costs
6. call for minimizing use of cost-reimbursement contracts
7. limit procurement flexibilities for items that are not fully “commercial” in nature
8. curb the use of “other transaction” authority to bypass traditional contracting requirements
9. force reforms in use of interagency contracts and in federal agencies’ abuse of credit cards
10. require agencies to set aside one percent of contract amounts for sound contract administration
11. force agencies to disclose alleged contractor overcharges above $1 million
12. require greater “transparency” in federal awards
13. ensure broad protest rights to enforce the bill’s requirements
14. close loopholes in the Procurement Integrity Act’s limitations on hiring former government officials through the “revolving door” and
15. broaden responsibility determinations to include assessment of a contractor’s “tax, labor, and employment, environmental, antitrust and consumer protection” record.   
    

Industry representatives are already garnering efforts to oppose the proposed rules.

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