The 110th Congress is fulfilling its promise to reign in the federal contracting system. Contractors and their hired guns are fighting back, criticizing everyone from Rep. Waxman to the SARA Panel to anyone who mentions the words "acquisition reform." The phrase "acquisition reform" appears to have gone full circle.
During the mid-1990s, POGO criticized the reforms (FASA, FARA, and SARA) that led to the current pro-contractor system that is in place. Unfortunately, despite POGO's efforts, there was little debate on many of the reforms because they were created by Rep. Tom Davis (R-VA) who chaired the influential House Government Reform Committee and who is supported by contractors (pdf) (Rep. Davis has a long history of being in bed with contractors). In fact, although some major contracting bills were proposed in the 109th Congress, very few received the attention that they deserved.
Acquisition reform is back, however. The change in congressional leadership and some recent investigations have ignited a huge firestorm with numerous contracting bills working their way through Congress.
H.R.1362: "Accountability in Contracting Act"
Sponsor: Rep. Waxman, Henry A. (D-CA)
Purpose: The bill would increase competition, limit abuse-prone contracts, and increase contract oversight. An Amendment (H. AMDT. 48) sponsored by Rep. Michael Castle (R-DE) requests a study of whether federal conflict-of-interest laws should apply to contractors and federally funded research and development centers (FFRDCs).
Action: Passed by the House 347 - 73 and Referred to the Senate Committee on Homeland Security and Governmental Affairs
Contracting associations (pdf) say that the oversight protections go too far. The White House (pdf) "strongly opposes" the bill. A dog fight is on the horizon and it will be interesting to see who wins - the taxpayers or the contractors.
Other contract-related bills that are before Congress, include:
S. 674 / H.R. 369: "Transparency and Accountability in Military and Security Contracting Act of 2007"
Sponsors: Sen. Barack Obama (D-IL) and Rep. David Price (D-NC)
Purpose: The bills would require accountability and enhanced congressional oversight for personnel performing private security functions under certain federal contracts and subcontracts.
Action: Referred to relevant Committees in the Senate and House
H.R. 984: "Executive Branch Reform Act of 2007"
Sponsor: Rep. Henry Waxman (D-CA)
Purpose: The bill would require certain Executive Branch officials to report lobbying contacts and increase prohibitions of the revolving door between the government and the private sector.
Action: Ordered to be Reported (Amended) by Unanimous Consent.
S. 606: "Honest Leadership and Accountability in Contracting Act of 2007"
Sponsor: Sen. Byron Dorgan (D-ND)
Purpose: The bill attempts to eliminate war profiteering, prevent fraud, prevent contractors with a pattern of overcharging or violating laws from receiving future contracts, increase competition, and tighten ethics laws and regulations.
Action: Referred to the Senate Committee on Homeland Security and Governmental Affairs
S. 680: The "Accountability in Government Contracting Act of 2007"
Sponsor: Sen. Susan Collins (R-ME)
Purpose: The bill proposes to improve the acquisition workforce, increase competition in contracting, increase accountability for purchase cards, interagency contracts (which are on GAO's High Risk Series [pdf]), and task/delivery orders, and extends the qualifications of Inspectors General.
Action: Referred to the Senate Committee on Homeland Security and Governmental Affairs
POGO applauds Congress' efforts to improve the way that the government buys nearly $400 billion worth of goods and services each year and hopes that Congress realizes that it must do a better job accounting for the drastic increase in contract spending (xls).
-- Scott Amey