Bill assessing contractors’ national security risk moves to Senate floor

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Senate Committee Advances Measures to Promote National Security in Federal Contracting and Procurement

The Senate committee took significant steps last week to bolster national security in federal contracting and procurement by advancing two key measures.

One of the bills, introduced by Sen. Josh Hawley, R-Mo., aims to prevent federal consulting contracts from being awarded to organizations that provide consulting services to countries like China, Russia, or any nation deemed to support acts of international terrorism. Hawley emphasized the importance of ensuring that independent consulting firms working with the federal government are not simultaneously profiting from relationships with adversarial nations.

The legislation comes in response to concerns raised about consulting firm McKinsey & Co.’s work in China, where they advised state-run enterprises while also contracting with the U.S. government, including the Defense Department. The bill, approved by the Homeland Security and Governmental Affairs panel in a 10-1 vote, would require agencies to terminate contracts with firms found in violation, with penalties amounting to three times the damages incurred by the government.

Additionally, the committee advanced a House-passed bill that would task the Office of Management and Budget with assessing whether certain acquisition requirements pose national security risks. This includes evaluating the “lowest price technically acceptable source selection process,” which is used when selecting a proposal with the lowest price that meets acceptable standards.

Rep. Byron Donalds, R-Fla., the sponsor of the House bill, emphasized the need for a comprehensive assessment of federal procurement processes to address affordability considerations and associated national security risks. The House overwhelmingly passed the legislation in January with a vote of 397-0.

These measures underscore the ongoing efforts to safeguard national security interests in federal contracting and procurement practices, highlighting the importance of transparency and accountability in these critical areas.

Dr. Rafael Marrero
A nationally recognized expert in federal contracting, small business entrepreneurship, vendor, and project/program management. A graduate of the prestigious Stanford and Cornell Universities, Dr. Rafael Marrero is a former Fortune 500 procurement executive, two-time Inc. 500 honoree, network news commentator, and Amazon best-selling author.

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