Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION Vol. 153 WASHINGTON, WEDNESDAY, DECEMBER 19, 2007 No. 195 Senate U.S. SENATE, INTEGRATED DEEPWATER The Senate met at 11:30 a.m. and was PRESIDENT PRO TEMPORE, PROGRAM REFORM ACT called to order by the Honorable ROB- Washington, DC, December 19, 2007. To the Senate: Mr. REID. Mr. President, I ask unan- ERT P. CASEY, Jr., a Senator from the Under the provisions of rule I, paragraph 3, imous consent that the Senate proceed State of Pennsylvania. of the Standing Rules of the Senate, I hereby to Calendar No. 171, S. 924. appoint the Honorable ROBERT P. CASEY, Jr., The ACTING PRESIDENT pro tem- PRAYER a Senator from the State of Pennsylvania, to pore. The clerk will report the bill by The Chaplain, Dr. Barry C. Black, of- perform the duties of the Chair. title. fered the following prayer: ROBERT C. BYRD, The legislative clerk read as follows: President pro tempore. Let us pray. A bill (S. 924) to strengthen the United Our Father, when we look to the Mr. CASEY thereupon assumed the States Coast Guard’s Integrated Deepwater heavens, the works of Your fingers, the chair as Acting President pro tempore. Program. Moon and the stars that You have es- f There being no objection, the Senate tablished, what is humanity that You RECOGNITION OF THE MAJORITY proceeded to consider the bill which are mindful of us? May those thoughts LEADER had been reported from the Committee on Commerce, Science and Transpor- of Your Majesty lead us to humility The ACTING PRESIDENT pro tem- tation with an amendment to strike all and a willingness to acknowledge our pore. The majority leader is recog- after the enacting clause and insert in weakness and failure as we receive nized. Your strength and wisdom. lieu thereof the following: Give our Senators a passion for Your f SECTION 1. SHORT TITLE; TABLE OF CONTENTS. glory. Help them to remember Your SCHEDULE (a) SHORT TITLE.—This Act may be cited as words: Those who exalt themselves the ‘‘Integrated Deepwater Program Reform Mr. REID. Mr. President, morning Act’’. shall be abased, and those who humble business will be what we will do most (b) TABLE OF CONTENTS.—The table of con- themselves shall be exalted. of the day. We have a 10-minute limita- tents for this Act is as follows: Today, I personally thank You for tion, as we normally do, except for Sec. 1. Short title; table of contents. the gifts of TRENT and TRICIA LOTT. I JACK REED, who has an order for 30 Sec. 2. Procurement structure. praise You for their friendship, their minutes. We are going to recess today Sec. 3. Analysis of alternatives. Sec. 4. Certification. faithfulness, and their fervor for You. at 12:30 for a Democratic conference Sec. 5. Contract requirements. As they leave the Senate, surround and then reconvene at 2:15. We have a Sec. 6. Improvements in Coast Guard manage- them with Your grace, power, and love. number of issues we will be working ment. We ask this in the Name of Him who through today, the House is sending us, Sec. 7. Procurement and report requirements. is perfection incarnate. Amen. we are going to send them. There are, Sec. 8. GAO review and recommendations. Sec. 9. Inspector General review of Deepwater of course, no votes, and we will do our f program. very best to finish as soon as we can. I Sec. 10. Definitions. PLEDGE OF ALLEGIANCE spoke to both Majority Leader HOYER SEC. 2. PROCUREMENT STRUCTURE. and Speaker PELOSI today. They expect (a) IN GENERAL.— The Honorable ROBERT P. CASEY, Jr., (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex- led the Pledge of Allegiance, as follows: to finish around 6 or 7 tonight. So dur- ing that time we will be running things cept as provided in subsection (b), the United I pledge allegiance to the Flag of the back and forth with each other until States Coast Guard may not use a private sector United States of America, and to the Repub- entity as a lead systems integrator for procure- lic for which it stands, one nation under God, we get this worked out. ments under, or in support of, the Integrated indivisible, with liberty and justice for all. f Deepwater Program after the date of enactment ORDER FOR RETURN OF PAPERS— of this Act. f (2) FULL AND OPEN COMPETITION.—The United H.R. 2764 States Coast Guard shall utilize full and open APPOINTMENT OF ACTING Mr. REID. Mr. President, this request competition for any other procurement for PRESIDENT PRO TEMPORE has been approved by the Republicans. which an outside contractor is used under, or in The PRESIDING OFFICER. The I ask unanimous consent that the Sen- support of, the Integrated Deepwater Program clerk will please read a communication ate request the House to return the pa- after the date of enactment of this Act. (b) EXCEPTIONS.— to the Senate from the President pro pers relative to H.R. 2764. (1) COMPLETION OF PROCUREMENT BY LEAD tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- SYSTEMS INTEGRATOR.—Notwithstanding sub- The legislative clerk read the fol- pore. Without objection, it is so or- section (a), the Coast Guard may use a private lowing letter: dered. sector entity as a lead systems integrator— ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S15945 . VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 6333 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15946 CONGRESSIONAL RECORD — SENATE December 19, 2007 (A) to complete any delivery order or task nancial interest in any part of the Integrated (1) addresses the recommendations related to order that was issued to the lead systems inte- Deepwater Program as of the date of enactment award fee determination and award term eval- grator on or before the date of enactment of this of this Act or in any alternative being consid- uation made by the Government Accountability Act without any change in the quantity of as- ered. Office in its March, 2004, report entitled Coast sets or the specific type of assets covered by the (c) ANALYSIS.—The analysis of alternatives Guard’s Deepwater Program Needs Increased order; provided pursuant to the contract under sub- Attention to Management and Contractor Over- (B) for procurements of— section (b) for procurements and feasible alter- sight, GAO–04–380, and any subsequent Govern- (i) the HC–130J and the C41SR, and natives shall include— ment Accountability Office recommendations (ii) National Security Cutters or Maritime Pa- (1) an examination of capability, interoper- relevant to the contract terms issued before trol Aircraft under contract or order for con- ability, and other advantages and disadvan- March 1, 2007, including the recommendation struction as of the date of enactment of this Act, tages; that any award or incentive fee be tied to pro- if the requirements of subsection (c) are met (2) an evaluation of whether different quan- gram outcomes; with respect to such procurements; and tities of specific assets could meet the Coast (2) provides that certification of any Inte- (C) for the procurement of additional National Guard’s overall performance needs; grated Deepwater Program procurement for per- Security Cutters or Maritime Patrol Aircraft if (3) a discussion of key assumptions and vari- formance, safety, and other relevant factors de- the Commandant determines, after conducting ables, and sensitivity to changes in such as- termined by the Commandant will be conducted the analysis of alternatives required by section sumptions and variables; by an independent third party; 3, that— (4) an assessment of technology risk and ma- (3) does not include— (i) the justifications of FAR 6.3 are met; turity; (A) for any contract extending the existing In- (ii) the procurement and the use of a private (5) an evaluation of safety and performance tegrated Deepwater Program contract term that sector entity as a lead systems integrator for the records; and expires in June, 2007, minimum requirements for procurement is in the best interest of the Federal (6) a calculation of costs, including life-cycle the purchase of a given or determinable number government; and costs. of specific assets; (iii) the requirements of subsection (c) are met (d) REPORT TO CONGRESS.—As soon as possible (B) provisions that commit the Coast Guard with respect to such procurement. after an analysis of alternatives has been com- without express written approval by the Coast (2) AWARDS TO TIER 1 SUBCONTRACTORS.—The pleted, the Commandant shall develop a plan Guard; Coast Guard may award to any Tier 1 subcon- for the procurements addressed in the analysis, (C) any provision allowing for equitable ad- tractor or subcontractor below the Tier 1 level as well as procurements described in subsection justment that differs from the Federal Acquisi- any procurement that it could award to a lead (a) for which no analysis of alternatives is re- tion Regulations; systems integrator under paragraph (1). quired, and shall transmit a report describing (4) for any contract extending the existing In- tegrated Deepwater Program contract term that (3) REPORT ON DECISION-MAKING PROCESS.—If the plan, and the schedule and costs for delivery the Coast Guard determines under paragraph of such procurements to the Senate Committee expires in June, 2007, is reviewed by, and ad- (1) that it will use a private sector lead systems on Commerce, Science, and Transportation and dresses recommendations made by, the Under integrator for a procurement, the Commandant the House of Representatives Committee on Secretary of Defense for Acquisition, Tech- shall transmit a report to the Senate Committee Transportation and Infrastructure.