123STA T . 21 7 2 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9SEC.520 . Thefunctio n s of the F e d e ralL a wE nforce m ent Trainin gC enter instructor staff shall b e classified as inherentl y go v ernmental for the p urpose of the Federal A ctivities I nventory R eform Act of 19 9 8(3 1 U .S.C. 501 note ) . SEC. 521. (a) E x cept as provided in subsection (b) , none of the funds appropriated in this or any other Act to the O ffice of the Secretary and Executive M anagement, the Office of the Under Secretary for Management, or the Office of the Chief Financial Officer, may be obligated for a grant or contract funded under such headings by any means other than full and open competition. (b) Subsection (a) does not apply to obligation of funds for a contract awarded — (1) by a means that is re q uired by a Federal statute, including obligation for a purchase made under a mandated preferential program, including the AbilityOne P rogram, that is authori z ed under the J avits -W agner-O ’D ayAct( 4 1 U.S.C. 4 6 et seq.)
(2) pursuant to the Small B usiness Act (15 U.S.C. 631 et seq.); (3) in an amount less than the simplified acquisition threshold described under section 302A(a) of the Federal Prop- erty and Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or (4) by another Federal agency using funds provided through an interagency agreement. (c)(1) Sub j ect to paragraph (2), the Secretary of H omeland Security may waive the application of this section for the award of a contract in the interest of national security or if failure to do so would pose a substantial ris k to human health or welfare. (2) N ot later than 5 days after the date on which the Secretary of Homeland Security issues a waiver under this subsection, the Secretary shall submit notification of that waiver to the Committees on Appropriations of the Senate and the House of Representatives, including a description of the applicable contract and an explanation of why the waiver authority was used. The Secretary may not delegate the authority to grant such a waiver. (d) In addition to the requirements established by subsections (a), (b), and (c) of this section, the Inspector G eneral of the Depart- ment of Homeland Security shall review departmental contracts awarded through means other than a full and open competition to assess departmental compliance with applicable laws and regula- tions
- Provide
d, That the Inspector General shall review selected contracts awarded in the previous fiscal year through means other than a full and open competition: Provided fu r th er, That in selecting which contracts to review, the Inspector General shall consider the cost and complexity of the goods and services to be provided under the contract, the criticality of the contract to fulfilling Depart- ment missions, past performance problems on similar contracts or by the selected vendor, complaints received about the award process or contractor performance, and such other factors as the Inspector General deems relevant: Provided further, That the Inspector General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later than February 5, 2010. SEC. 522. Except as provided in paragraphs (1) and (2) of this section, none of the funds provided by this or previous appro- priations Acts shall be used to fund any position designated as Waiver a utho rit y.R e p ort s . D ea dl i n e. Revie w . Deadline. N oti f i c ation. Waiver authority. G rants. C ontracts. Classified infor m ation.
