2024: Fitzpatrick Voted Against Prohibiting Federal Contract
Solicitations From Having Minimum Experience Or Education Requirements
For Personnel. In July 2024, Fitzpatrick voted against , according to
Congressional Quarterly, "the bill, as amended, that would prohibit most
federal contract solicitations from requiring minimum experience or
education levels for proposed contractor personnel. In cases where an
education or experience requirement is included, it would require the
contracting officer to include a written justification explaining the
need for the requirement and how it ensures that the agency's needs are
met. It would require the Office of Management and Budget, within 60
days of the bill's enactment, to issue guidance on how experience and
education requirements are decided." The vote was on passage. The House
rejected the bill by a vote of 178 to 234. [House Vote 380,
7/23/24; Congressional
Quarterly, 7/23/24;
Congressional Actions, H.R.
7887]
2022: Fitzpatrick Voted To Require Federal Contractors To Disclose
Potential Organizational Conflicts Of Interest Based On Their Business
Relationships With Non-Federal Entities. In December 2022, according
to Congressional Quarterly, Fitzpatrick voted for the Preventing
Organizational Conflicts of Interest in Federal Acquisition Act, which
would "require federal agencies to establish or update their procedures
to require all federal contractors to disclose information relevant to
potential organizational conflicts of interest based on their business
relationships with nonfederal entities. The bill would specifically
require the Federal Acquisition Regulatory Council, within 18 months of
enactment, to revise the Federal Acquisition Regulation with updated
definitions, guidance and illustrative examples with respect to
organizational conflicts of interest; provide agencies with sample
solicitation provisions and contract clauses related to avoiding or
mitigating organizational conflicts of interest; and require agencies to
establish or update their procedures to implement the guidance." The
vote was on passage. The House passed the bill by a vote of 219-205,
thus the bill was sent to President Biden and it ultimately became law.
[House Vote 524,
12/14/22; Congressional
Quarterly, 12/14/22;
Congressional Actions, S.
3905]
The Bill Sought To Identify And Address Potential Conflicts Of
Interest Between Taxpayer-Funded Activities And The Federal
Contractors' Other Business Opportunities. According to
Congressional Quarterly, "The committee also heard testimony on a
Senate-passed bill (S 3905) that would require federal contractors
to disclose any business relationships with nonfederal entities that
could conflict with the work the federal government has hired them
to do --- in order to help identify and mitigate potential conflicts
of interest between taxpayer-funded activities and the contractors'
other business opportunities." [Congressional Quarterly,
12/13/22]
House Republicans Claimed The Bill Was Duplicative Of Regulations
And Would Make It Harder For Companies To Contract With The Federal
Government. According to Congressional Quarterly, "House
Republicans argued that the bill is duplicative of existing
regulations and will make it more difficult for companies to do
business with the federal government." [Congressional Quarterly,
12/13/22]
Congresswoman Carolyn B. Maloney (D) Referenced The Consultants Of
McKinsey And Company Who Worked For The FDA And Purdue Pharma
Simultaneously, Arguing They Should Have Not Worked For The FDA
Especially When Purdue Pharma Was Seeing Approval From The FDA.
According to Congressional Quarterly, "Maloney referenced the matter
of McKinsey and Company, consultants who worked for the Food and
Drug Administration as well as Purdue Pharma, a major manufacturer
of opioids. She said that consultants should not work for a drug
regulatory agency while also consulting with a drug company seeking
approval from said agency -- a clear conflict of interest."
[Congressional Quarterly,
12/13/22]
2022: Fitzpatrick Effectively Voted Against The Preventing
Organizational Conflicts Of Interest In Federal Acquisition Act. In
December 2022, according to Congressional Quarterly, Fitzpatrick voted
against the "adoption of the rule (H Res 1518) that would provide for
floor consideration of [...] the Preventing Organizational Conflicts
of Interest in Federal Acquisition Act (S 3905)." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 216-206.
[House Vote 521,
12/14/22; Congressional
Quarterly, 12/14/22;
Congressional Actions, H.Res.
1518;
Congressional Actions, S.
3905]
2022: Fitzpatrick Effectively Voted Against The Preventing
Organizational Conflicts Of Interest In Federal Acquisition Act. In
December 2022, according to Congressional Quarterly, Fitzpatrick voted
against the "motion to order the previous question (thus ending debate
and possibility of amendment) on the rule (H Res 1518) that would
provide for floor consideration of [...] the Preventing Organizational
Conflicts of Interest in Federal Acquisition Act (S 3905)." The vote was
on a motion to order the previous question. The House agreed to the
motion by a vote of 212-210. [House Vote 520,
12/14/22; Congressional
Quarterly, 12/14/22;
Congressional Actions, H.Res.
1518;
Congressional Actions, S.
3905]