HR 856: Safe and Smart Federal Purchasing Act
HR 856 in plain English: This bill requires the Office of Management and Budget to evaluate federal agency procurement activities to determine whether rules about selecting the lowest-price technically acceptable bidder have created national security risks, and to report the findings to Congress.
Stated purpose
To require the Office of Management and Budget to review whether the federal rule that often awards government contracts to the lowest-priced qualifying bidder has created any national security risks, and to report the findings to Congress within 180 days.
Key points
- Directs the Office of Management and Budget to review federal purchasing practices tied to lowest-price bidding rules.
- Requires OMB to assess whether those purchasing rules have created any national security risks.
- Mandates a report to Congress on the findings of the evaluation.
Arguments supporters make
- Buying from the cheapest vendor without deeper scrutiny could allow foreign or unreliable suppliers into sensitive government supply chains, creating real security dangers.
- A formal review forces a factual, data-driven look at a long-standing concern rather than leaving it unexamined, giving Congress better information to act on.
- The bill only requires a study and report, so it imposes minimal cost while potentially uncovering serious problems in how the government spends taxpayer money.
Arguments opponents make
- The lowest price technically acceptable process already requires vendors to meet minimum technical standards before price is considered, so the security risk may be overstated.
- This bill only mandates a review with no required follow-up action, meaning it could produce a report that sits unused without changing any actual purchasing rules.
- Steering agencies away from lowest-price contracting could drive up government spending, benefiting better-connected or higher-priced contractors at taxpayers' expense.
Tradeoffs
Prioritizing security in procurement could reduce risk but may raise costs or limit competition among vendors; staying with the lowest-price approach keeps costs down but may leave security vulnerabilities unaddressed.
Current status in Congress: Passed House.