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

H.R. 5528 wants to make sure that when the government buys things, they aren't just picking the cheapest option if it could be dangerous. So, it asks a special office to check these buying practices and tell important people what they find within six months.

Summary AI

H.R. 5528 is known as the "Safe and Smart Federal Purchasing Act." This bill requires the Director of the Office of Management and Budget to examine the procurement practices used by Defense and Civilian agencies to see if the Federal Acquisition Regulation's lowest price technically acceptable process poses any national security risks. The Director must report the findings to specific committees within 180 days after the bill is enacted.

Published

2024-12-02
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-12-02
Package ID: BILLS-118hr5528rs

Bill Statistics

Size

Sections:
2
Words:
447
Pages:
4
Sentences:
14

Language

Nouns: 155
Verbs: 24
Adjectives: 16
Adverbs: 6
Numbers: 25
Entities: 33

Complexity

Average Token Length:
4.41
Average Sentence Length:
31.93
Token Entropy:
4.57
Readability (ARI):
18.71

AnalysisAI

General Summary of the Bill

The piece of legislation under discussion, referred to as the Safe and Smart Federal Purchasing Act, mandates an examination into the effects of a governmental procurement strategy known as the "lowest price technically acceptable" (LPTA) source selection process. This process allows agencies to choose suppliers who offer the lowest price, provided they meet minimum technical requirements. The bill requires the Director of the Office of Management and Budget (OMB) to review whether this approach could pose any risks to national security. Upon completion of the review, which must be done within 180 days of the Act's enactment, a report is to be submitted to designated committees within the House of Representatives and the Senate.

Summary of Significant Issues

One significant issue with this bill is the lack of specified criteria or metrics that the Director of the OMB is to use in evaluating national security risks associated with the LPTA process. Without clear parameters, the assessment could be subjective, potentially undermining the review's objective quality.

Furthermore, the 180-day timeline given for the completion of this review is another concern. Given the complexity and scope of federal procurement practices across multiple Defense and Civilian agencies, this timeframe may be inadequate, risking a rushed and potentially superficial examination.

Additionally, the restricted report submission process presents transparency and accountability issues. The findings will only be submitted to specific committees in the House and Senate, which might limit broader legislative and public scrutiny. This exclusivity could lead to a narrow interpretation of the results and hinder constructive input from other stakeholders.

Impact on the Public

The bill's impact on the general public largely hinges on the outcomes of the review. If it successfully identifies and rectifies national security risks inherent in the LPTA process, it could enhance national safety and ensure taxpayer money is spent wisely. However, if the review is rushed or subjective, the existing procurement practices that potentially prioritize cost over quality might remain unchanged, potentially compromising security and the effective use of public funds.

Impact on Specific Stakeholders

For federal agencies, this bill represents a potential shift in procurement strategies, emphasizing security considerations alongside cost savings. If substantial risks are identified, agencies may need to adjust how they select vendors, possibly leading to increased costs but also greater quality and security in government contracts.

Vendors and contractors who provide services to the government could also be significantly impacted. Firms that have thrived under the LPTA process due to competitive pricing might find stricter quality and security demands challenging. Conversely, vendors focusing on quality over price might benefit if the LPTA process changes significantly.

The OMB faces pressure to deliver a comprehensive and timely report. Achieving this while maintaining thoroughness and accuracy will be a significant challenge given the issues identified.

In summary, while the bill seeks to strengthen national security within federal procurement practices, its effectiveness largely depends on the execution of the mandated review. The planned scope, timeline, and reporting are critical factors that will determine whether this legislative effort tangibly enhances federal contracting processes.

Issues

  • The review to assess the impact of the lowest price technically acceptable source selection process on national security lacks specific criteria or metrics for evaluation, potentially leading to a subjective analysis. This could undermine the effectiveness of the review, which is critical given the national security implications (Section 2a).

  • The timeline of 180 days for the Director of the Office of Management and Budget to conduct a comprehensive review of procurement practices across Defense and Civilian agencies might be insufficient, potentially compromising the thoroughness and quality of the report (Section 2b).

  • The report resulting from the review is only to 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. This might limit broader oversight or input from other relevant stakeholders and the public, raising concerns about transparency and accountability (Section 2b).

  • The short title section does not provide context or information about the bill other than its name, 'Safe and Smart Federal Purchasing Act'. This lack of detail does not allow for an understanding of the bill’s implications, such as any potential impacts on wasteful spending or favoritism in federal procurement (Section 1).

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.