[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9595 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9595
To improve Federal technology procurement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2024
Mr. Burlison introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committee on Small Business, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve Federal technology procurement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Improvement in Technology
Procurement Act'' or the ``FIT Procurement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acquisition workforce.--The term ``acquisition
workforce'' means employees of an executive agency who are
responsible for procurement, contracting, program or project
management that involves the performance of acquisition-related
functions, or others as designated by the Chief Acquisition
Officer, senior procurement executive, or head of the
contracting activity.
(2) Administrator.--The term ``Administrator'' means the
Administrator for Federal Procurement Policy.
(3) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means a Chief Acquisition Officer
appointed pursuant to section 1702 of title 41, United States
Code.
(4) Cross-functional.--The term ``cross-functional'' means
a structure in which individuals with different functional
expertise or from different areas of an organization work
together as a team.
(5) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(6) Experiential learning.--The term ``experiential
learning'' means on-the-job experiences or simulations that
serve to enhance workforce professional skills.
(7) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given the term in section
4713(k) of title 41, United States Code; and
(B) includes information and communications
technologies covered by any definition contained in the
Federal Acquisition Regulation, including a definition
added after the date of the enactment of this Act by
the Federal Acquisition Regulatory Council pursuant to
notice and comment.
(8) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives.
(9) Senior procurement executive.--The term ``senior
procurement executive'' means a senior procurement executive
designated pursuant to section 1702(c) of title 41, United
States Code.
(10) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section 3
of the Small Business Act (15 U.S.C. 632).
SEC. 3. ACQUISITION WORKFORCE.
(a) Experiential Learning.--Not later than 18 months after the date
of the enactment of this Act, the Federal Acquisition Institute shall
establish a pilot program to consider the incorporation of experiential
learning into the Federal Credentials Program, the Federal Acquisition
Certification-Contracting Officer's Representative Program, and the
Federal Acquisition Certification for Program and Project Managers
Program, or any successor program.
(b) Training on Information and Communications Technology
Acquisition.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Director of the Federal
Acquisition Institute, in coordination with the Administrator,
the Administrator of General Services, and the Administrator of
the Office of Electronic Government, and in consultation with
the heads of other executive agencies as determined to be
appropriate by the Director of the Federal Acquisition
Institute, shall develop and implement or otherwise provide a
cross-functional information and communications technology
acquisition training program for acquisition workforce members
involved in acquiring information and communications
technology. The training shall do the following:
(A) Include learning objectives related to market
research, communicating with industry and industry
perspectives on the procurement process, including how
investment decisions are impacted by Government
communication and engagement, developing requirements,
acquisition planning, best practices for developing and
executing outcome-based contracts, and source selection
strategy, evaluating proposals, and awarding and
administering contracts for information and
communications technology.
(B) Include learning objectives that provide a
basic understanding of key technologies executive
agencies need, such as cloud computing, artificial
intelligence and artificial intelligence-enabled
applications, and cybersecurity solutions.
(C) Include learning objectives that encourage the
use of commercial or commercially available off-the-
shelf technologies to the greatest extent practicable.
(D) Include case studies of lessons learned from
Federal information and communications technology
procurements and contracts, and related matters as
determined to be relevant by the Director of the
Federal Acquisition Institute.
(E) Include experiential learning opportunities,
and opportunities to practice acquisition teaming
involving collaboration of team members with varied
relevant domain expertise to complete acquisition-
related tasks, including tasks with accelerated
timelines.
(F) Include continuous learning recommendations and
resources to keep the skills of acquisition workforce
members current, including tools that help adopt or
adapt the use of innovative acquisition practices or
other flexible business practices commonly used in
commercial buys.
(G) Be made available to acquisition workforce
members designated by a Chief Acquisition Officer,
senior procurement executive, or head of the
contracting activity to participate in the training
program.
(H) Inform executive agencies about streamlined and
alternative procurement methods for procurement of
information and communications technology, including--
(i) simplified procedures for certain
commercial products and commercial services in
accordance with subpart 13.5 of the Federal
Acquisition Regulation, prize competitions
under the America COMPETES Reauthorization Act
of 2010 (Public Law 111-358), competitive
programs that encourage businesses to engage in
Federal research or research and development
with the potential for commercialization, and
joint venture partnerships;
(ii) innovative procurement techniques
designed to streamline the procurement process
and lower barriers to entry, such as use of
oral presentations and product demonstrations
instead of lengthy written proposals,
appropriately leveraging performance and
outcomes-based contracting, and other
techniques discussed on the Periodic Table of
Acquisition Innovations or other similar
successor knowledge management portals; and
(iii) information on appropriate use,
examples and templates, and any other
information determined relevant by the
Administrator to assist contracting officers
and other members of the acquisition workforce
in using the procedures described in clauses
(i) and (ii).
(I) Incorporate learning objectives to identify and
mitigate waste, fraud, and abuse and ensure the
protection of established privacy, civil rights, and
civil liberties in the procurement process.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Director of the Federal Acquisition
Institute shall provide to the relevant committees of Congress,
the Chief Acquisition Officers Council, and the Chief
Information Officers Council--
(A) a report on the progress of the Director in
developing and implementing or otherwise providing the
information and communications technology acquisition
training described in paragraph (1); and
(B) a list of any acquisition training that the
Director determines to be outdated or no longer
necessary.
(3) Duration.--The training program shall be updated as
appropriate, but at least every 2 years after implementation,
and offered for a minimum of 6 years following the date of
implementation of the training program.
(c) Acquisition Workforce Training Fund.--Section 1703(i)(3) of
title 41, United States Code, is amended by striking ``Five percent''
and inserting ``Seven and a half percent''.
(d) Harmonization of Acquisition Workforce Training Requirements.--
Section 2 of the Artificial Intelligence Training for the Acquisition
Workforce Act (Public Law 117-207; 41 U.S.C. 1703 note) is amended--
(1) in subsection (a)(4), by striking ``Director.--The term
`Director' means the Director of the Office of Management and
Budget.'' and inserting ``Administrator.--The term
`Administrator' means the Administrator of General Services.''.
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director, in
coordination with the Administrator of General Services
and any other person determined relevant by the
Director'' and inserting ``Administrator, in
coordination with the Director of the Office of
Management and Budget'';
(B) in paragraph (4), by striking ``Director'' and
inserting ``Administrator'';
(C) in paragraph (5), by striking ``Director'' and
inserting ``Administrator''; and
(D) in paragraph (6), by striking ``Director'' and
inserting ``Administrator''.
SEC. 4. INNOVATIVE PROCUREMENT METHODS.
(a) Increase in Simplified Acquisition Threshold.--Section 134 of
title 41, United States Code, is amended by striking ``$250,000'' and
inserting ``$500,000''.
(b) Increase in Micro Purchase Threshold.--Section 1902(a)(1) of
title 41, United States Code, is amended by striking ``$10,000'' and
inserting ``$25,000.''.
(c) Advances for Commercial Technology Subscriptions and Tenancy.--
Section 3324(d) of title 31, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2)--
(A) by inserting ``or commercially available
content'' after ``publication''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) charges for information and communications technology
subscriptions, reservations, or tenancy, which means the
sharing of computing resources in a private or public
environment, including cloud environments, for which the
ordering agency defines appropriate access and security
standards.''.
SEC. 5. INCREASING COMPETITION IN FEDERAL CONTRACTING.
(a) Use of Past Performance.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall issue
guidance, including examples and templates where appropriate,
on--
(A) when a wider range of projects, such as
commercial or non-government, as well as Government
projects, should be accepted as relevant past
performance, in order to have increased competition
among eligible firms with capability to perform a
requirement, such as a requirement without much
precedent;
(B) a means by which an agency may validate non-
government past performance references, such as by
requiring an official of an entity providing past
performance references to attest to their authenticity
and by providing verifiable contact information for the
references; and
(C) use of alternative evaluation methods other
than past performance that may be appropriate for a
requirement without much precedent, such as
demonstrations and testing of technologies as part of
the proposal process.
(2) Supplement not supplant.--The guidance issued under
paragraph (1) shall supplement existing Federal and agency
policy and procedures for consideration of past performance and
other evaluation factors and methods.
(b) Enhancing Competition in Federal Procurement.--
(1) Council recommendations.--Not later than 90 days after
the date of the enactment of this Act, the Administrator shall
convene the Chief Acquisition Officers Council (in this section
referred to as the ``Council''), to make recommendations to
identify and eliminate specific, unnecessary procedural
barriers that disproportionately affect the ability of small
businesses to compete for Federal contracts, with a focus on
streamlining documentation and qualification requirements
unrelated to the protection of privacy and civil liberties.
(2) Consultation.--The Council shall obtain input from the
public, including from the APEX Accelerators program (formerly
known as Procurement Technical Assistance Center network) and
other contractor representatives, to identify Federal
procurement policies and regulations that are obsolete, overly
burdensome or restrictive, not adequately harmonized, or
otherwise serve to create barriers to small business
participation in Federal contracting or unnecessarily increase
bid and proposal costs.
(3) Examination of actions.--The Council shall consider the
input obtained under paragraph (2) and any other information
determined to be relevant by the Council to identify
legislative, regulatory, and other actions to increase
competition and remove barriers to small business participation
in the procurement process.
(4) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Administrator, in
consultation with the Federal Acquisition Regulatory Council,
the Chief Acquisition Officers Council, and other executive
agencies as appropriate, shall implement the regulatory and
other non-legislative actions identified under paragraph (3),
as determined necessary by the Administrator, to remove
barriers to entry for small businesses seeking to participate
in Federal Government procurement.
(5) Briefing.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall brief the
relevant committees of Congress on the legislative actions
identified under paragraph (3), and the actions implemented
under paragraph (4).
(c) Consideration of Cost-Efficiency and Quality.--The
Administrator shall advocate for and prioritize contracting policies
that ensure that cost-efficiency and quality of goods and services are
key determining factors in awarding Federal contracts.
SEC. 6. COMPTROLLER GENERAL ASSESSMENT OF SMALL BUSINESS PARTICIPATION
IN FEDERAL PROCUREMENT.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress and make publicly available a report that--
(1) assesses the current level of small business
participation in Federal procurement, identifying barriers,
opportunities, and the impact of existing policies on the
ability of small businesses to compete in Federal procurement;
(2) catalogs and evaluates the effectiveness of programs
intended to support small business participation in Federal
procurement; and
(3) analyzes trends in small business involvement in
Federal technology projects, including data on contract awards,
the diversity of sectors represented, and the geographic
distribution of small business contractors.
SEC. 7. CONFLICT OF INTEREST PROCEDURES.
The Federal Acquisition Regulatory Council and the Administrator
shall update the Federal Acquisition Regulation as necessary to provide
additional guidance to executive agencies to address personal and
organizational conflicts of interest involving members of the
acquisition workforce.
SEC. 8. NO ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act.
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