Senate Approves Collins-Wyden Contracting Amendment
Bipartisan amendment blocks no-bid contracts without public disclosure

October 2, 3003

WASHINGTON, DC –The Senate has approved an amendment authored by Senators Susan Collins (R-Maine) and Ron Wyden (D-Ore.) that would require new Iraqi construction contracts to be awarded through full and open competition, unless the Defense Department or other contracting department publicly justifies any sole source or limited-bid contracts. In addition, the amendment would require disclosure that would enable Congress to conduct rigorous oversight of the contracting process. The legislation will ensure that contracts are awarded to the most qualified companies at the best cost to taxpayers.

The amendment was cosponsored by a bipartisan group of senators, including Daniel Akaka (D- Hawaii), Hillary Clinton (D-N.Y.), Mike Enzi (R-Wyo.) and Joseph Lieberman (D-Conn.).

“Americans deserve to know how their tax dollars are being spent in Iraq,” said Collins. “Our bipartisan amendment not only promotes full and open competition, it also requires congressional notification to ensure effective oversight and accountability.”

“With the enormous sums of money that U.S. taxpayers will be asked to pay to rebuild Iraq and to complete the U.S. mission there, our citizens need to know their hard-earned money won’t be frittered away on single source contracts,” said Wyden. “The way to ensure that Americans get the best value for their tax dollars is to require that Iraqi contracts are awarded using full and open competition.”

The Collins-Wyden amendment would require justifying documents for any non-competitive bidding process to be published in the Federal Register and Commerce Business Daily no later than 30 days after the contract is signed. The published information would also include the amount of the contract, a description of the contract’s scope, a list of companies selected for the closed bidding process, and explanations of how and why the agency chose those contractors. Different procedures would apply to contract documents that, if disclosed, could compromise national security.

The amendment also includes provisions that would require reports to the Senate Governmental Affairs Committee and its House counterpart on how the funds are being spent and to explain contracts and interagency transfers.

This requirement would affect both new contracts and existing contracts that are extended with funds from the supplemental. Contracts for reconstruction, expected to total $20.3 billion, are included, as are contracts with private-sector companies providing products and services to the U.S. military. The amendment does not apply to funds for weapons or munitions, or to funds provided directly to the military.

The Collins-Wyden amendment comes in the wake of five months of inquiries by Collins, Wyden and others into why numerous contracts were awarded under procedures that were less than full and open.

 

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