Safe and Smart Federal Purchasing Act
- Bill Number
- H.R. 856
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Passed House
- Latest Action
- 2025-03-04: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-05-19T15:53:05Z
AI-Generated Summary
Purpose
The Safe and Smart Federal Purchasing Act (H.R. 856) aims to evaluate whether the federal government's use of the "lowest price technically acceptable" (LPTA) source selection process in procurement—where contracts are awarded to the technically adequate bidder offering the lowest price—poses risks to national security. It mandates a review to inform potential adjustments to procurement practices.
Key Provisions
- Required Review: The Director of the Office of Management and Budget (OMB) must examine procurement practices across Defense and Civilian agencies (as defined in U.S. law under 41 U.S.C. § 133, which includes executive branch entities) to assess if the LPTA process, outlined in section 15.101-2 of the Federal Acquisition Regulation (FAR), has introduced national security vulnerabilities.
- Report Submission: Within 180 days of the Act's enactment, the OMB Director must deliver a report detailing the review's findings to:
- The House Committee on Oversight and Government Reform.
- The Senate Committee on Homeland Security and Governmental Affairs.
- Definitions: Clarifies that "Defense and Civilian agency" refers to federal executive agencies, and "Director" means the head of OMB.
Significant Changes to Existing Law
This Act does not directly amend the FAR or other procurement laws but introduces a one-time mandatory review and reporting requirement. It builds on existing federal acquisition rules by prompting an assessment of their security implications, potentially paving the way for future regulatory changes based on the report's recommendations.
Potential Impacts
- On Government Agencies: Could lead to revised procurement guidelines for Defense (e.g., Department of Defense) and Civilian agencies (e.g., non-military executive branches), shifting emphasis from cost savings to enhanced security in contract awards. This might increase scrutiny in bidding processes.
- On Citizens: Indirectly affects taxpayers by influencing how federal contracts are awarded, potentially improving security in government purchases (e.g., for technology or supplies) without immediate cost changes.
- On International Relations: Minimal direct impact, though findings on national security risks could influence procurement from foreign vendors, affecting trade or alliances in sensitive areas like defense contracting.
Main Stakeholders Affected
- Federal Agencies: Primarily OMB, Defense agencies (e.g., military branches), and Civilian agencies involved in procurement.
- Congressional Committees: House Oversight and Government Reform Committee and Senate Homeland Security and Governmental Affairs Committee, which receive the report and may act on it.
- Contractors and Vendors: Businesses bidding on federal contracts, as LPTA practices could evolve to prioritize security over price.
- National Security Entities: Indirectly includes intelligence and defense communities concerned with procurement risks.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces congressional oversight of executive procurement under the Administrative Procedure Act and FAR framework, without challenging constitutional authority (e.g., Congress's spending power under Article I). The review could trigger future rule-making by OMB or the FAR Council.
- Constitutional: Aligns with separation of powers by directing executive action (OMB review) while ensuring legislative accountability through reporting.
- Political: Highlights debates on balancing fiscal efficiency with security in federal spending, potentially influencing broader procurement reform efforts amid concerns over supply chain vulnerabilities (e.g., from foreign adversaries). No partisan elements are specified in the bill text.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Connolly, Gerald E. [D-VA-11]
Recent Actions
- 2025-03-04: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-03-03: Motion to reconsider laid on the table Agreed to without objection.
- 2025-03-03: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 54). (text: CR H932) (Roll call 54)
- 2025-03-03: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 54). (text: CR H932) (Roll call 54)
- 2025-03-03: Considered as unfinished business. (consideration: CR H937-938)
- 2025-03-03: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 2025-03-03: DEBATE - The House proceeded with forty minutes of debate on H.R. 856.
- 2025-03-03: Considered under suspension of the rules. (consideration: CR H932-933)
- 2025-03-03: Mr. Comer moved to suspend the rules and pass the bill.
- 2025-01-31: Referred to the House Committee on Oversight and Government Reform.
- 2025-01-31: Introduced in House
- 2025-01-31: Introduced in House
Bill Versions
- Safe and Smart Federal Purchasing Act — issued 2025-03-03 — PDF (4 pages)
- Safe and Smart Federal Purchasing Act — issued 2025-01-31 — PDF (2 pages)
- Safe and Smart Federal Purchasing Act — issued 2025-03-04 — PDF (3 pages)