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Don Young pulls “Prohibition on No-Bid Contracts” language from Stimulus Bill

February 17th, 2009 Posted By: Morgan Howard No Comments


Don YoungAccording to the Congressman’s news release “The Senate version of H.R. 1 (the American Recovery and Reinvestment Act.) included a provision that appeared to prohibit the use of programs administered by the SBA that are designed for procurement through minority-owned business enterprises, women-owned businesses, Veteran and Service Disabled Veteran programs, HUBZone and Small Business Administration 8(a) programs.  Rep. Young worked with Members on the other side of the aisle to make the case for these programs, and was able to get the provision pulled from the bill.

“I was approached by members of the Alaskan Federation of Native with concerns about this provision,” said Rep. Young.  “I told them that no matter if I supported this bill or not, I would make sure they were not hurt by it.  These programs are a success and are working just as Congress intended.

“These programs” include the successful ANC SBA 8(a) program.  Here is the actual provision removed.

PROHIBITION ON NO-BID CONTRACTS AND EARMARKS

Sec. 1608. (a) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to make any payment in connection with a contract unless the contract is awarded using competitive procedures in accordance with the requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.

(b) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be awarded by grant or cooperative agreement unless the process used to award such grant or cooperative agreement uses competitive procedures to select the grantee or award recipient.

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