Overview
Title
An Act To require the Director of the Office of Management and Budget conduct a review to determine the impact of the lowest price technically acceptable source selection process on national security, and for other purposes.
ELI5 AI
The bill wants someone important in the government to check if buying things for the lowest price is safe for the country. They have 180 days to see if this way of buying is okay or if it might cause problems, especially for important safety stuff.
Summary AI
H. R. 5528, also known as the “Safe and Smart Federal Purchasing Act,” instructs the Director of the Office of Management and Budget to examine how using the lowest price as the main factor in government contracts might affect national security. This review will look at the practices of both Defense and Civilian agencies under a specific Federal Acquisition Regulation. The Director must report the findings of this review to two congressional committees within 180 days of the Act's enactment.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The bill titled "An Act To require the Director of the Office of Management and Budget conduct a review to determine the impact of the lowest price technically acceptable source selection process on national security, and for other purposes" is undergoing legislative procedures in the United States Senate. The principal aim of this legislation is to ensure that the federal procurement process, specifically focusing on contracts awarded to the lowest bidder, does not inadvertently compromise national security. The bill mandates a review by the Office of Management and Budget (OMB), with findings to be reported to select congressional committees.
General Summary of the Bill
The bill proposes a directive for the Director of the OMB to conduct an evaluation of how the use of the "lowest price technically acceptable" (LPTA) procurement method influences national security. The LPTA process is utilized across defense and civilian agencies to adjudicate federal contracting opportunities based on corporate bids. The review process is designed to ascertain whether this approach presents any risks to national security. Upon completion of the review, within 180 days from the bill’s enactment, a report outlining the findings must be submitted to the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
Significant Issues
Several issues arise from the text of this bill. Firstly, the lack of clarity around the specific criteria or metrics to be used in the national security risk evaluation raises concerns about the potential subjectivity of the review process. Secondly, the timeline of 180 days to conduct the evaluation may not provide adequate time to conduct a thorough and detailed review of procurement practices across various federal agencies. Lastly, the limitation of report submission to only two specific committees may impede broader oversight and transparency, excluding other stakeholders, including the general public, from engaging with the findings and recommendations.
Impact on the Public and Stakeholders
This bill holds potential implications for both the general public and specific stakeholders, primarily relating to national security and federal procurement practices. Broadly, ensuring the security of national procurement processes is in the public interest, potentially improving public trust in the integrity and security of government operations. Should the review uncover risks or inefficiencies in the current procurement strategy, it may prompt further legislative or administrative actions to safeguard national interests.
For contractors and agencies involved in federal procurement, this bill may result in increased scrutiny and possible changes in procurement processes. It could lead to additional compliance and oversight measures, potentially affecting the competitive landscape for federal contracts. For national security agencies, the findings could underscore vulnerabilities that necessitate urgent reform or increased resource allocation to address potential risks.
In summary, while the bill seeks to address plausible risks associated with the federal procurement process, its opaque methodology and constrained timeline present challenges that could impact its effectiveness. The outcomes of the review could determine the broader implications for procurement policy and national security, highlighting the need for careful and transparent evaluation of such an essential government function.
Issues
The review process outlined in Section 2 does not specify what specific criteria or metrics will be used to evaluate the national security risk, which may make the process unclear and raise concerns about the subjective nature of the findings.
The timeline given in Section 2 of 180 days might be insufficient for a comprehensive review of procurement practices across multiple agencies, potentially jeopardizing the thoroughness of the assessment.
The report mandated by Section 2 is only directed to two specific committees, limiting the scope of oversight and excluding other potentially relevant stakeholders or the general public, which might lead to transparency issues.
The act's short title in Section 1 lacks descriptive content, offering little information about the implications or specific goals of the 'Safe and Smart Federal Purchasing Act', which hinders public understanding of the bill's purpose and implications.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the document states that the official name of the act is the "Safe and Smart Federal Purchasing Act".
2. Review to determine the impact of the lowest price technically acceptable source selection process on national security Read Opens in new tab
Summary AI
The section requires the Director of the Office of Management and Budget to examine if the government's method of choosing the lowest price for contracts could harm national security. Within 180 days of this law being enacted, the Director must send the findings to specific committees in the House of Representatives and the Senate.