S. 2139 (112th): Comprehensive Contingency Contracting Reform Act of 2012

Introduced:
Feb 29, 2012 (112th Congress, 2011–2013)
Sponsor:
Sen. Claire McCaskill [D-MO]
Status:
Died (Referred to Committee)
See Instead:

S. 3286 (same title)
Referred to Committee — Jun 12, 2012

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on February 29, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced Feb 29, 2012
Referred to Committee Feb 29, 2012
Cosponsors
5 cosponsors (4D, 1I) (show)
Committees

Senate Homeland Security and Governmental Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.

Summary

No summaries available.

Text

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Last updated Feb 29, 2012.
80 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

2/29/2012--Introduced.
Comprehensive Contingency Contracting Reform Act of 2012 - Requires the President, in making any request for financing an overseas contingency operation (OCO), to include in such request a specific statement of the requested funds and a specific proposal to finance the amount requested.
Designates the Director of the Office of Management and Budget (OMB) as the principal advisor to the President on financial matters in connection with OCOs. Sets forth the responsibilities of specified Inspectors General for OCOs and requires the appointment of a designated lead Inspector General for any OCO that exceeds 30 days.
Expands the responsibilities of the Chief Acquisition Officers in federal agencies to include oversight of contracts and contracting activities for OCOs. Includes contracts for support of OCOs in the management structure of the Department of Defense (DOD), Department of State, and the U.S. Agency for International Development (USAID). Requires the designation of at least one suspension and debarment official for each federal agency.
Expands the bases for the suspension of contractors from contracting with the federal government.
Requires the DOD Secretary to prescribe in regulations the chain of authority and responsibility for policy, planning, and execution of contract support for OCOs. Requires the Chairman of the Joint Chiefs of Staff to provide quarterly assessments of the capability of OCOs to support current and anticipated wartime missions and to recommend resources required to improve and enhance support and planning for such operational contract support.
Requires the inclusion of matters relating to OCOs in joint professional military education.
Establishes:
(1) within the Department of State the Office of Acquisition and Logistics to oversee acquisition, procurement, and logistics management activities in the Department of State; and
(2) within USAID the Office of Acquisition and Assistance to direct, manage, and oversee USAID acquisition and procurement activities.
Requires the Secretary of State to:
(1) conduct a quadrennial diplomacy and development review of U.S. diplomatic and overseas development strategy, with a view toward determining such U.S. strategy for the next 20 years; and
(2) develop and administer a course for Department of State personnel on acquisition for Department of State support and participation in OCOs. Limits periods for OCO contracts to three years for competitively bid contracts and one year for non-competitively bid contracts.
Limits service contracts to a single tier of subcontractors.
Requires:
(1) a review, risk analysis, and report on the performance of security functions of OCOs;
(2) a justification and approval for sole-source OCO contracts; and
(3) the General Services Administration (GSA) to establish and maintain a separate uniform contract writing system for all executive agencies, except for DOD, which shall establish and maintain its own system.
Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged the federal government under government contracts to assist federal acquisition officials in monitoring developments in such prices and conducting pricing or cost analyses.
Requires contractors and related entities to consent to personal jurisdiction for civil actions on overseas contracts valued at more than $5 million.
Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
Authorizes the termination of a contract if a contractor or subcontractor engages in severe forms of human trafficking.
Requires the DOD Secretary to certify to Congress that a country in which a capital project for an OCO (i.e., a project with an estimated cost in excess of $1 million) is being carried out has the capability to maintain and utilize such project.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 106 Stat. 3660
  • 122 Stat. 4555
  • 122 Stat. 4557

Other Citations

  • 10 U.S.C. Chapter 47
  • 41 U.S.C. Chapter 33