H.R.856 - Safe and Smart Federal Purchasing Act (119th Congress)
Summary
H.R.856, the Safe and Smart Federal Purchasing Act, directs the Director of the Office of Management and Budget (OMB) to review the impact of the lowest price technically acceptable (LPTA) source selection process on national security within Defense and Civilian agencies. The bill requires a report to be submitted to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs within 180 days of enactment.
The review aims to determine if the LPTA process, as outlined in the Federal Acquisition Regulation, poses any risks to national security. The act defines 'Defense and Civilian agency' by referencing section 133 of title 41, United States Code.
Ultimately, the goal is to ensure that federal purchasing practices do not compromise national security, potentially leading to reforms in procurement processes.
Expected Effects
The bill will likely lead to a comprehensive review of federal procurement practices, specifically focusing on the LPTA process. This review could identify vulnerabilities in the supply chain or acquisition strategies that impact national security.
Depending on the findings of the OMB Director's report, the LPTA process may be reformed or replaced with alternative procurement methods. This could affect how federal agencies select contractors and allocate resources.
In the long term, the act could lead to more secure and resilient federal procurement practices, but potentially at a higher cost.
Potential Benefits
- Enhanced National Security: By identifying and addressing vulnerabilities in the LPTA process, the act aims to strengthen national security.
- Improved Procurement Practices: The review may lead to reforms that result in more effective and secure procurement strategies.
- Increased Transparency: The report to Congress will provide greater transparency regarding the impact of LPTA on national security.
- Informed Decision-Making: The findings of the review will enable policymakers to make more informed decisions about federal purchasing practices.
- Potential for Cost Savings: While not the primary goal, identifying inefficiencies in the LPTA process could lead to cost savings in the long run.
Most Benefited Areas:
Potential Disadvantages
- Potential for Increased Costs: Moving away from the LPTA process could result in higher procurement costs.
- Bureaucratic Delays: The review process and potential reforms could cause delays in federal procurement.
- Limited Scope: The act focuses solely on the LPTA process, potentially overlooking other factors that impact national security.
- Report May Not Lead to Action: There is no guarantee that the report will result in meaningful changes to federal procurement practices.
- Potential for Political Influence: The review process could be subject to political influence, leading to biased or incomplete findings.
Constitutional Alignment
The bill appears to align with the US Constitution, particularly the implied powers related to national security and the common defense, as outlined in the Preamble. Congress has the authority to enact legislation necessary and proper for carrying out its enumerated powers, including providing for the nation's defense.
The bill does not appear to infringe upon any specific constitutional rights or limitations. It focuses on government procurement practices and does not directly impact individual liberties or state powers.
However, the implementation of any reforms resulting from the act should be carefully monitored to ensure compliance with constitutional principles, such as due process and equal protection.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).