[Senate Report 117-209]
[From the U.S. Government Publishing Office]
Calendar No. 561
117th Congress} { Report
SENATE
2d Session } { 117-209
======================================================================
AGILE PROCUREMENT ACT OF 2022
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 4623
TO ADVANCE GOVERNMENT INNOVATION THROUGH
LEADING-EDGE PROCUREMENT CAPABILITY, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 17, 2022.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
39-010 WASHINGTON : 2022
-----------------------------------------------------------------------------------
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Michelle M. Benecke, Senior Counsel
Tiffany Ann Shujath, U.S. Department of Homeland Security Detailee
Pamela Thiessen, Minority Staff Director
Sam J. Mulopulos, Minority Deputy Staff Director
Jeremy H. Hayes, Minority Senior Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 561
117th Congress} { Report
SENATE
2d Session } { 117-209
======================================================================
AGILE PROCUREMENT ACT OF 2022
_______
November 17, 2022.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 4623]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 4623) to advance
Government innovation through leading-edge procurement
capability, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................7
VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported...........10
I. Purpose and Summary
S. 4623, the Advancing Government Innovation with Leading-
Edge Procurement Act of 2022 or the AGILE Procurement Act of
2022, addresses key issues in federal procurement, including
the current deficit of qualified procurement professionals at
federal agencies, the need for better training and guidance on
procurement of technology, and the need to address barriers to
entry into government contracting for businesses, including
small and non-traditional businesses. To address these issues,
the bill requires the Office of Federal Procurement Policy
(OFPP) to establish a pilot program to bring more professionals
into federal procurement from other fields, including veterans,
military spouses, and private sector professionals.
Additionally, the bill requires the Federal Acquisition
Institute (FAI) to provide specific training for the
acquisition workforce on planning for and buying technology in
a timely manner. The bill also requires OFPP to convene a
working group to reduce barriers to government contracting for
businesses, including small businesses, and to implement the
working group's recommendations. The bill also enhances
authorities for agencies to use streamlined methods for
procurement of commercial technology; increases the threshold
for mandatory use of the Cost Accounting Standards from $7.5
million to $15 million;\1\ and allows for government-wide
expansion of the Department of Defense (DoD) pilot authority to
incentivize Employee Stock Ownership Plans.\2\
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\1\41 U.S.C. 1502(b).
\2\Section 874, National Defense Authorization Act for Fiscal Year
2022, Pub. L. No. 117-81.
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II. Background and Need for the Legislation
Recent Government Accountability Office (GAO) trend
analyses of government-wide contracting show that the amount of
federal dollars obligated through contracts has been steadily
increasing.\3\ Technology needs are growing and driving this
trend; contract spending accounts for about 83% of the
information technology budget. Cybersecurity, software, cloud
computing, and artificial intelligence are all areas projected
for strong spending growth.\4\
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\3\GAO WatchBlog, A Snapshot of Government-Wide Contracting for FY
2020 (infographic) (Jun. 22, 2021) (www.gao.gov/blog/snapshot-
government-wide-contracting-fy-2020-infographic). See also GAO
WatchBlog, A Snapshot of Government-Wide Contracting for FY 2018, 2019.
\4\National Defense Magazine, Strong Growth Expected in Federal IT
Spending (Jan. 29,
2022) (www.nationaldefensemagazine.org/articles/2021/9/2/strong-growth-
expected-in-federal-it-spending).
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With increasing technology needs and contract spending on
the rise, a trained and experienced procurement workforce is
critical. Current methods of recruiting and retention, however,
have not maintained a sufficient pipeline of qualified
procurement staff.\5\ A 2009 Homeland Security and Governmental
Affairs Committee hearing entitled ``Strengthening the Federal
Acquisition Workforce: Government-wide Leadership and
Initiatives'' discussed similar issues.\6\ This outlook has
continued to worsen; while the 2009 hearing record showed that
half of the acquisition workforce would be eligible for
retirement within 8 years, a 2016 strategic plan for the DoD
acquisition workforce calculated that 57% of the workforce is
either retirement eligible or within 10 years of retirement.\7\
This year, staffing challenges are expected as a large portion
of the existing procurement workforce retires or moves out of
public procurement.\8\
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\5\Office of Personnel Management, Acquisition Hiring Challenges
Focus Group--Results
Debriefing. (Jan. 2020) (www.fai.gov/sites/default/files/
2020%20Acquisition%20Hiring%20
Challenges%20and%20Recommendations.pdf).
\6\Senate Subcommittee on Oversight of Government Management, the
Federal Workforce, and the District of Columbia, Strengthening the
Federal Acquisition Workforce: Government-wide Leadership and
Initiatives, 111th Cong. (Aug. 5, 2009) (S. Hrg. 111-388).
\7\United States Army Acquisition Support Center, Filling the
Bathtub (Mar. 24, 2022) (https://asc.army.mil/web/news-filling-the-
bathtub/).
\8\Federal News Network, Public procurement trends and outlook for
2022 (Apr. 26, 2022) (https://federalnewsnetwork.com/commentary/2022/
04/public-procurement-trends-]and-outlook-for
-2022/).
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At the same time that the number of procurement
professionals is shrinking, technology trends are rapidly
accelerating, creating a need for more advanced understanding
of technology and the considerations that must be taken into
account for these types of purchases. Training is important for
the acquisition workforce as a whole, including for program
managers and others involved in federal acquisition management,
to ensure an understanding of both current technology trends
and how best to acquire it.\9\ Choice of procurement method is
also key, with agencies challenged to work at the ``speed of
relevance'' of the technology they buy.\10\ Unlike in the past,
procurements that take years from the requirements development
to implementation stages will not be able to keep pace.\11\
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\9\National Security Commission on Artificial Intelligence, Final
Report (Mar. 2021) (www.nscai.gov/wp-content/uploads/2021/03/Full-
Report-Digital-1.pdf).
\10\Department of Defense News, DoD Restructures Acquisition,
Technology Office to Improve Military Lethality, Speed (Aug. 2, 2017)
(https://www.defense.gov/News/News-Stories/Article/
Article/1265231/dod-restructures-acquisition-technology-office-to-
improve-military-lethality-sp/#:
:text=%27The%20Speed%20of%20Relevance%27,emphasize%20management%20of%20b
usiness% 20enterprises).
\11\Department of Defense, Report to Congress Restructuring the
Department of Defense Acquisition, Technology and Logistics
Organization and Chief Management Officer Organization, In Response to
Section 901 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) (Aug. 2017) (https://dod.defense.gov/Portals/
1/Documents/pubs/Section-901-FY-2017-NDAA-Report.pdf). See also The New
York Times, Government Tech Moves Too Slooowly (July 7, 2021)
(www.nytimes.com/2021/07/07/technology/jedi-government-tech.html).
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While federal contracting dollars are increasing year over
year, the pool of federal contractors is shrinking,
particularly with regard to new and small companies. A GAO
study of DoD contracting from fiscal years 2011 to 2020 found
that, while DoD contracts with small businesses increased by
15%, the number of small businesses awarded DoD contracts
decreased by almost half (43%). The number of large businesses
receiving DoD contracts also fell by 7.3% per year during that
time period.\12\ GAO recently found in a separate study that,
under the Category Management initiative launched in 2016, the
number of small businesses receiving contract awards under the
initiative decreased each year, even though small businesses
received 30% or more each year of these enterprise-wide
contract dollars.\13\ GAO noted that some small businesses
faced difficulties related to scalability and expensive
certifications as barriers to their participation, as well as
unclear public notice of contract opportunities for the ``best
in class'' contracts under the Category Management
initiative.\14\
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\12\Government Accountability Office, Small Business Contracting:
Actions Needed to Implement and Monitor DOD's Small Business Strategy
(GAO-22-104621) (Oct. 14, 2021).
\13\Government Accountability Office, FEDERAL BUYING POWER, OMB Can
Further Advance Category Management Initiative by Focusing on
Requirements, Data, and Training (GAO-21-40) (Nov. 2020); ``Category
Management'' is buying common products and services as an organized
enterprise across government in order to increase efficiency and value,
and achieve savings. Categories of spend include office supplies,
pharmaceuticals, body armor and ammunition, information technology,
training solutions, and many more products and services.
\14\Government Accountability Office, FEDERAL BUYING POWER, OMB Can
Further Advance Category Management Initiative by Focusing on
Requirements, Data, and Training (GAO-21-40) (Nov. 2020).
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The findings of a July 2021 Bipartisan Policy Center report
echoed those of GAO, including the importance of small
businesses to United States economic activity, and the barriers
to entry to federal contracting that they face. These barriers
ranged from arduous requirements and difficulty in navigating
the federal procurement process, to mistreatment by prime
contractors when performing as subcontractors, to some doubting
the true commitment of the federal government to small business
considerations.
The Bipartisan Policy Center report describes ``robust
usage of small businesses in procurement'' as key to an
``innovative and vibrant industrial base,'' and new, small
firms as critical to keeping our ``competitive edge,'' the
resiliency of our supply chains, and continuous job creation.
Despite the importance of small businesses to national security
and the economy as a whole, as well as local communities,
annual small business goals are often unmet, and significant
barriers to entry to federal contracting remain.\15\
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\15\Bipartisan Policy Center, Supporting Small Business and
Strengthening the Economy Through Procurement Reform (Jul. 2021)
(https://bipartisanpolicy.org/download/?file=/wp-content
/uploads/2021/06/Small-Business-Report_RV1-FINAL.pdf).
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Reducing the barriers to entry into government contracting
for businesses, as well as acquisition of commercial technology
where available, are also key to the federal government having
access to the latest, most innovative solutions. A recent
industry letter urged OMB to hold agencies to the long-standing
requirement to consider commercial items first in order to
realize greater efficiency and cost savings in acquisition of
technology.\16\ Use of special procurement authorities such as
``Commercial Solutions Opening,'' a streamlined method for
acquiring innovative commercial technologies, can ensure robust
competition while also reducing the burden for businesses
offering their products and services. This procurement method
is often used to attract start-up companies to provide
technology to the government in support of agency operations
and national security.\17\
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\16\Federal News Network, Buy vs. build debate for software heats
back up with letter to White House (May 27, 2021) (https://
federalnewsnetwork.com/acquisition-policy/2021/05/buy-vs-build-debate-
for-software-heats-back-up-with-letter-to-white-house/).
\17\Federal Acquisition Institute, Commercial Solutions Opening
(Dec. 12, 2020) (www.fai.gov/content/commercial-solutions-opening).
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III. Legislative History
Chairman Gary Peters (D-MI) introduced S. 4623, the AGILE
Procurement Act of 2022, on July 26, 2022, with Senator Joni
Ernst (R-IA). The bill was referred to the Committee on
Homeland Security and Governmental Affairs. Senator Thomas
Carper (D-DE) later joined as a cosponsor on August 2, 2022.
The Committee considered S. 4623 at a business meeting on
August 3, 2022. The bill was ordered reported favorably by
voice vote en bloc with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Lankford, Romney, Scott, and Hawley present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides that the Act may be cited as the
``Advancing Government Innovation with Leading-Edge Procurement
Act of 2022'' or the ``AGILE Procurement Act of 2022.''
Sec. 2. Findings
This section identifies congressional findings related to
the Act, including findings related to federal government
contract spend, technology and acquisition workforce needs, and
shrinking industrial base.
Sec. 3. Definitions
This section provides definitions for the terms
``Acquisition Workforce,'' ``Administrator,'' ``Cross-
functional,'' ``Executive Agency,'' ``Experiential Learning,''
``Information and Communications Technology,'' ``Qualified
Business Wholly-Owned Through an Employee Stock Ownership
Plan,'' ``Relevant Committees of Congress,'' and ``Small
Business.''
Sec. 4. Acquisition workforce
Subsection (a) of Section 4 directs OFPP, in coordination
with FAI and the Office of Personnel Management (OPM), to pilot
a program, within 1 year of enactment, for entry of junior and
mid-career professionals to the General Schedule Contracting
series (GS-1102) workforce. When creating this program, OFPP
must consider the inclusion of program participants from other
job series and fields, including veterans, military spouses,
and private sector procurement professionals. The program must
provide alternatives to education and training requirements for
entry into the GS-1102 workforce, such as allowing for use of
educational credits in a technical discipline relevant to
agency procurement. The program must also provide pathways to
reciprocity or fulfillment of certification requirements for
Department of Defense professional contracting certification
holders and commercial sector acquisition certification
holders, such as certified professional contract managers and
certified federal contract managers. Finally, the program must
provide a capstone class or experience and relevant mentorship
opportunities.
This subsection also requires OFPP to brief relevant
committees of Congress on implementation of the pilot program
not later than 2 years from enactment.
This subsection requires that the duration of the pilot
program shall be not less than 5 years from enactment.
Subsection (b) directs FAI to incorporate experiential
learning into the training framework for GS-1102s.
Subsection (c) of Section 4 directs FAI, in coordination
with OFPP, the General Services Administration (GSA), the Chief
Information Officers Council, and the United States Digital
Service, to provide a cross-functional information and
communications technology acquisition training program to
acquisition workforce members involved in acquiring information
and communications technology. The training must include
learning objectives related to market research and
communicating with industry, developing requirements,
acquisition planning, and awarding and administering contracts
for information and communications technology. It must also
include learning objectives that encourage the use of small
business programs to acquire information and communications
technology, as well as learning objectives that encourage the
use of commercial or commercially available off-the-shelf
(COTS) technologies to the greatest extent practicable. The
training must include case studies of lessons learned from
federal information and communications technology procurements
and contracts, experiential learning opportunities, and
continuous learning recommendations and resources to keep
skills current. Finally, the training must be made available to
acquisition workforce members designated by their agency
acquisition leadership to participate in the training program.
This subsection also requires FAI, within 18 months of
enactment, to provide a briefing to the relevant committees of
Congress, the Chief Acquisition Officers Council, and the Chief
Information Officers Council on FAI's progress towards
providing the information and communications technology
acquisition training and a list of any congressionally mandated
acquisition trainings that the Director determines to be
outdated or no longer necessary for other reasons.
This subsection requires the training program to be offered
for a minimum of 5 years.
Sec. 5. Innovative procurement methods
Subsection (a) directs OFPP to issue guidance within 1 year
of enactment to inform agencies on the availability of
streamlined and alternative methods for procurement of
information and communications technology, and provide
information on appropriate use, examples, and templates to
assist the workforce in utilizing these methods.
Subsection (b) amends Section 880 of the National Defense
Authorization Act for Fiscal Year 2017 to make the GSA and
Department of Homeland Security (DHS) Commercial Solutions
Opening authorities permanent, increase the threshold, and
provide authority to additional agencies besides DHS and GSA to
use Commercial Solutions Opening authority where approved by
the Office of Management and Budget.
Sec. 6. Addressing barriers to entry in federal contracting
Subsection (a) directs OFPP, within 1 year of enactment, to
provide guidance on when a wider range of projects should be
accepted as relevant past performance in order to permit access
to a wider pool of eligible firms with capability to perform.
OFPP must also provide guidance on alternative evaluation
methods that may be appropriate for a requirement without much
precedent.
Subsection (b) directs OFPP, within 90 days of enactment,
to convene a working group or use an appropriate existing body
to address barriers to entry for new contractors. The
Addressing Barriers to Entry working group shall obtain input
from the public, including from industry, on ways in which
federal procurement policies and regulations are obsolete,
overly burdensome or restrictive, serve to create barriers to
participation in Federal contracting, or unnecessarily increase
bid and proposal costs. The working group must then consider
the input obtained from the public (and any other information
determined to be appropriate by OFPP) to identify legislative,
regulatory, and other actions to foster more resilient supply
chains, provide access to a wider pool of qualified vendors,
and increase opportunities for participation of new, small, and
nontraditional businesses in the procurement process.
This subsection requires OFPP, not later than 2 years after
enactment, to implement the regulatory and other non-
legislative actions identified by the working group, and brief
the relevant committees of Congress on the actions implemented
as well as potential legislative actions identified by the
working group.
Subsection (c) raises the Cost Accounting Standards
mandatory use threshold to $15 million.
Sec. 7. Incentivizing employee stock ownership plans for business
growth
Subsection (a) allows OFPP to expand the Employee Stock
Ownership Plan (ESOP) incentive program authorized by Section
874 of the National Defense Authorization Act for Fiscal Year
2022 for use government-wide. The ESOP pilot program provides
authority for a non-competitive follow-on contract to a
qualified ESOP if the performance of the ESOP on the prior
contract was rated as satisfactory or better. This authority
may be used for a single follow-on opportunity, unless the
senior procurement executive at an agency or equivalent
official waives the limitation.
Subsection (b) requires OFPP to create verification and
reporting procedures if a pilot program is established,
including a requirement for a qualified business ESOP to
certify that not more than 50 percent of the amount paid under
the contract will be expended on subcontracts, subject to
necessary and reasonable waivers.
Subsection (c) sunsets any pilot program established by
OFPP 5 years after enactment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's (CBO) statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed table summarizing estimated budgetary
effects and mandates information for some of the legislation
that has been ordered reported by the Senate Committee on
Homeland Security and Governmental Affairs during the 117th
Congress.
If your wish further details, we will be pleased to provide
them. The CBO staff contact for each estimate is listed on the
enclosed table.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs during
the 117th Congress. The legislation listed in this table
generally would have small effects, if any, on direct spending
or revenues, CBO estimates. Where possible, the table also
provides information about the legislation's estimated effects
on spending subject to appropriation and on intergovernmental
and private-sector mandates as defined in the Unfunded Mandates
Reform Act.
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increases
Direct Spending Subject Pay-As-You- On-Budget
Bill Title Status Last Budget Spending, Revenues, to Go Deficits Mandates Contact
Number Action Function 2023-2032 2023-2032 Appropriation, Procedures Beginning
2023-2027 Apply? in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4623 AGILE Ordered 08/03/22 800 Between 0 Not estimated Yes No No Matthew
Procurement reported zero and Pickford
Act of 2022 $500,000
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S. 4623 would amend federal recruitment, training, and retention policies to expand the pool of applicants for procurement and acquisition positions,
establish a pilot program to hire and train staff to procure information and communications technology, and establish a working group to study the
barriers private entities face when seeking to do business with the federal government. CBO estimates that enacting S. 4623 would have an
insignificant effect on direct spending and no effect on revenues over the 2023-2032 period. CBO has not estimated the discretionary costs of
implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 41--PUBLIC CONTRACTS
* * * * * * *
Subtitle I--Federal Procurement Policy
* * * * * * *
DIVISION C--PROCUREMENT
* * * * * * *
CHAPTER 15--COST ACCOUNTING STANDARDS
* * * * * * *
SEC. 1502. COST ACCOUNTING STANDARDS.
(a) * * *
(b) Mandatory Use of Standards.--
(1) Subcontract.--
(A) Definition.--In this paragraph, the term
``subcontract'' includes a transfer of
commercial items between divisions,
subsidiaries, or affiliates of a contractor or
subcontractor.
(B) When standards are to be used.--Cost
accounting standards prescribed under this
chapter are mandatory for use by all executive
agencies and by contractors and subcontractors
in estimating, accumulating, and reporting
costs in connection with the pricing and
administration of, and settlement of disputes
concerning, all negotiated prime contract and
subcontract procurements with the Federal
Government in excess of [the amount set forth
in section 2306a(a)(1)(A)(i) of title 10 as the
amount is adjusted in accordance with
applicable requirements of law] $15,000,000.
(C) Nonapplication of standards.--
Subparagraph (B) does not apply to--
(i) a contract or subcontract for the
acquisition of a commercial item;
(ii) a contract or subcontract where
the price negotiated is based on a
price set by law or regulation[;] ; or
(iii) a firm, fixed-price contract or
subcontract awarded on the basis of
adequate price competition without
submission of certified cost or pricing
data[; or].
[(iv) a contract or subcontract with
a value of less than $7,500,000 if,
when the contract or subcontract is
entered into, the segment of the
contractor or subcontractor that will
perform the work has not been awarded
at least one contract or subcontract
with a value of more than $7,500,000
that is covered by the standards.]
* * * * * * *
CHAPTER 33--PLANNING AND SOLICITATION
* * * * * * *
SEC. 3301. FULL AND OPEN COMPETITION
* * * * * * *
STATUTORY NOTES AND RELATED SUBSIDIARIES
* * * * * * *
[PILOT PROGRAMS] PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE
COMMERCIAL ITEMS USING GENERAL SOLICITATION
COMPETITIVE PROCEDURES.
(a) Authority.--
(1) * * *
(2) Head of an agency.--In this section, the term
`head of an agency' means the following:
(A) The Secretary of Homeland Security.
(B) The Administrator of General Services.
(C) The head of an executive agency approved
for the program, on a pilot or permanent basis,
by the Director of the Office of Management and
Budget.
(3) Applicability of section. Section applies to the
following agencies:
(A) The Department of Homeland Security.
(B) The General Services Administration.
(C) An executive agency approved for the
program by the Director of the Office of
Management and Budget.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the [pilot] program
under subsection (a) shall be considered, in the case of the
Department of Homeland Security and the General Services
Administration, to be use of competitive procedures for
purposes of division C of title 41, United States Code (as
defined in section 152 of such title).
(c) Limitation.--The head of an agency may not enter into a
contract under the [pilot] program for an amount in excess of
[$10,000,000] $25,000,000.
(d) Guidance.--The head of an agency shall issue guidance
for the implementation of the [pilot] program under this
section within that agency. Such guidance shall be issued in
consultation with the Office of Management and Budget and shall
be posted for access by the public.
(e) [Report Required.--
[(1) In general.--Not later than three years after
the date of the enactment of this Act, the head of an
agency shall submit to the congressional committees
specified in paragraph (3) a report on the activities
the agency carried out under the pilot program.
[(2) Elements of report.--Each report under this
subsection shall include the following:
[(A) An assessment of the impact of the pilot
program on competition.
[(B) A comparison of acquisition timelines
for--
[(i) procurements made using the
pilot program; and
[(ii) procurements made using other
competitive procedures that do not use
general solicitations.
[(C) A recommendation on whether the
authority for the pilot program should be made
permanent.
[(3) Specified congressional committees.--The
congressional committees specified in this paragraph
are the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight
and Government Reform of the House of Representatives.]
Reporting and Data Collection.--The head of an agency shall
report information on contracts made using procedures under
this section to the Office of Management and Budget as
determined by the Office of Management and Budget. The
Administrator shall collect and analyze data on the use of the
authority under this section for the purposes of--
(1) developing and sharing best practices;
(2) gathering information on the implementation of
the authority and related policy issues; and
(3) informing the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives on
the use of the authority.
(f) [Innovative Defined.--In this section, the term
`innovative' means--
[(1) any new technology, process, or method,
including research and development; or
[(2) any new application of an existing technology,
process, or method.]
Definitions.--In this section--
(1) the term `commercial product' includes a
commercial product or a commercial service, as those
terms are defined in sections 103 and 103a,
respectively, of title 41, United States Code; and
(2) the term `innovative' means--
(A) any new technology, process, or method,
including research and development; or
(B) any new application of an existing
technology, process, or method.
[(g) Termination.--The authority to enter into a contract
under a pilot program under this section terminates on
September 30, 2022.]
* * * * * * *
[all]