Bill gives broad procurement authority to help agencies fight terrorism

Federal agencies would have more leeway to purchase items needed to support anti-terrorism efforts under new legislation introduced in the House and Senate.

The bill would grant agencies increased authority to quickly buy high-tech products and other items needed to combat terrorism. The measure (H.R. 3426) was introduced in the House Monday by Reps. Tom Davis, R-Va., and Curt Weldon, R-Pa.

The House bill is a companion to legislation introduced in the Senate last week by Fred Thompson, R-Tenn., and John Warner, R-Va. "Today, national security and homeland security have the same kinds of requirements--detection, tracking, preparedness, prevention, response and recovery," said Thompson, ranking member of the Senate Governmental Affairs Committee. "By providing additional procurement flexibilities, the agencies involved in homeland security will be able to apply more easily many new and proven defense-related technologies." Following the Sept. 11 attacks, Congress approved the use of the Defense Department's emergency procurement rules to purchase Mylar coatings to make windows in the Capitol building blast-resistant. According to a Senate Governmental Affairs Committee staffer, the Mylar purchase was made without competition or contracting because Congress decided the situation was "unusual and compelling" enough to circumvent regular procurement processes. The proposed legislation would expand the Defense Department's emergency contracting authority to other agencies. Specifically, the bill would:

• Increase the threshold for the use of simplified acquisition procedures for contracts awarded in support of a humanitarian or peacekeeping operation or a contingency operation to $500,000. Currently the threshold is $200,000.
• Allow an agency, during fiscal 2002 and 2003, to purchase goods and services to fight against terrorism or biological or chemical attack unencumbered by government specifications or requirements. This would allow agencies to quickly buy cutting-edge technologies or products that may not yet have made it to the commercial marketplace.
• Allow agencies to use Defense Department emergency contracting authorities to buy research and development for new technologies to fight against terrorism; and
• Require agencies to conduct ongoing market research to identify new companies with new capabilities, including small businesses, to help agencies fight against terrorism.