,,ib ,union ,calendar ,no4 #bfg #aacth ,,congress #b;d ,session ,h4 ,r4 #abcb ,report ,no4 #aac-cei ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjac ,mr4 ,issa 7for himself and ,mr4 ,connolly7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,february #be1 #bjad ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend titles #dj1 #da1 and #dd1 ,united ,states ,code1 to eliminate duplication and waste in information technology acquisition and management4 #a4 ,short title ,this ,act may be cited as the ,federal ,information ,technology ,acquisition ,reform ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,definitions4 ,title ,i--,management of ,information ,technology within ,federal ,government ,sec4 #aja4 ,increased authority of agency ,chief ,information ,officers over information technology4 ,sec4 #ajb4 ,lead coordination role of ,chief ,information ,officers ,council4 ,sec4 #ajc4 ,reports by ,government ,accountability ,office4 ,title ,,ii--,data ,center ,optimization ,sec4 #bja4 ,purpose4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,federal ,data ,center ,optimization ,initiative4 ,sec4 #bjd4 ,performance requirements related to data center consolidation4 ,sec4 #bje4 ,cost savings related to data center optimization4 ,sec4 #bjf4 ,reporting requirements to ,congress and the ,federal ,chief ,information ,officer4 ,title ,,iii--,elimination of ,duplication and ,waste in ,information ,technology ,acquisition ,sec4 #cja4 ,inventory of information technology assets4 ,sec4 #cjb4 ,website consolidation and transparency4 ,sec4 #cjc4 ,transition to the cloud4 ,sec4 #cjd4 ,elimination of unnecessary duplication of contracts by requiring business case analysis4 ,title ,,iv--,strengthening and ,streamlining ,information ,technology ,acquisition ,management ,practices ,subtitle ,a--,strengthening and ,streamlining ,,it ,program ,management ,practices ,sec4 #dja4 ,establishment of ,federal ,infrastructure and ,common ,application ,collaboration ,center4 ,sec4 #djb4 ,designation of ,assisted ,acquisition ,centers of ,excellence4 ,subtitle ,b--,strengthening ,,it ,acquisition ,workforce ,sec4 #daa4 ,expansion of training and use of information technology acquisition cadres4 ,sec4 #dab4 ,plan on strengthening program and project management performance4 ,sec4 #dac4 ,personnel awards for excellence in the acquisition of information systems and information technology4 ,title ,v--,additional ,reforms ,sec4 #eja4 ,maximizing the benefit of the ,federal ,strategic ,sourcing ,initiative4 ,sec4 #ejb4 ,promoting transparency of blanket purchase agreements4 ,sec4 #ejc4 ,additional source selection technique in solicitations4 ,sec4 #ejd4 ,enhanced transparency in information technology investments4 ,sec4 #eje4 ,enhanced communication between ,government and industry4 ,sec4 #ejf4 ,clarification of current law with respect to open source software4 #c4 ,definitions ,in this ,act3 7#a7 ,chief ,acquisition ,officers ,council ,the term ,chief ,acquisition ,officers ,council means the ,chief ,acquisition ,officers ,council established by section #acaa7;a7 of title #da1 ,united ,states ,code4 7#b7 ,chief ,information ,officer ,the term ,chief ,information ,officer means a ,chief ,information ,officer 7as designated under section #cejf7;a77#b7 of title #dd1 ,united ,states ,code7 of an agency listed in section #ija7;b7 of title #ca1 ,united ,states ,code4 7#c7 ,chief ,information ,officers ,council ,the term ,chief ,information ,officers ,council or ,,cio ,council means the ,chief ,information ,officers ,council established by section #cfjc7;a7 of title #dd1 ,united ,states ,code4 7#d7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#e7 ,federal agency ,the term ,federal agency means each agency listed in section #ija7;b7 of title #ca1 ,united ,states ,code4 7#f7 ,information technology or ,,it ,the term information technology or ,,it has the meaning provided in section #aaaja7f7 of title #dj1 ,united ,states ,code4 7#g7 ,relevant congressional committees ,the term relevant congressional committees means each of the following3 7,a7 ,the ,committee on ,oversight and ,government ,reform and the ,committee on ,armed ,services of the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,armed ,services of the ,senate4 ,i ,management of ,information ,technology within ,federal ,government #aja4 ,increased authority of agency ,chief ,information ,officers over information technology 7a7 ,presidential appointment of ,c,i,os of certain agencies 7#a7 ,in general ,section #aacae of title #dj1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsection 7a7 as subsection 7e7 and moving such subsection to the end of the section2 and 7,b7 by inserting before subsection 7b7 the following new subsection 7a73 7a7 ,presidential appointment or designation of certain ,chief ,information ,officers 7#a7 ,in general ,there shall be within each agency listed in section #ija7;b77#a7 of title #ca1 other than the ,department of ,defense1 an agency ,chief ,information ,officer4 ,each agency ,chief ,information ,officer shall-- 7,a7 7i7 be appointed by the ,president2 or 7ii7 be designated by the ,president1 in consultation with the head of the agency2 and 7,b7 be appointed or designated1 as applicable1 from among individuals who possess demonstrated ability in general management of1 and knowledge of and extensive practical experience in1 information technology management practices in large governmental or business entities4 7#b7 ,responsibilities ,an agency ,chief ,information ,officer appointed or designated under this section shall report directly to the head of the agency and carry out responsibilities as set forth in this section and in section #cejf7;a7 of title #dd for ,chief ,information ,officers designated under paragraph 7#b7 of such section4 4 7#b7 ,conforming amendment ,section #cejf7;a77#b77;,a7 of title #dd1 ,united ,states ,code1 is amended by inserting after each agency the following3 1 other than an agency with a ,presidentially appointed or designated ,chief ,information ,officer as provided in section #aacae7;a77#a7 of title #dj14 7b7 ,authority relating to budget and personnel ,section #aacae of title #dj1 ,united ,states ,code1 is further amended by inserting after subsection 7c7 the following new subsection3 7d7 ,additional authorities for certain ,c,i,os 7#a7 ,budget-related authority 7,a7 ,planning ,the head of each agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 shall ensure that the ,chief ,information ,officer of the agency has the authority to participate and provide input in the budget planning process related to information technology or programs that include significant information technology components4 7,b7 ,allocation ,amounts appropriated for any agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 for any fiscal year that are available for information technology shall be allocated within the agency1 consistent with the provisions of appropriations ,acts and budget guidelines and recommendations from the ,director of the ,office of ,management and ,budget1 in such manner as may be specified by1 or approved by1 the ,chief ,information ,officer of the agency4 7#b7 ,personnel-related authority ,the head of each agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 shall ensure that the ,chief ,information ,officer of the agency has the authority necessary to approve the hiring of personnel who will have information technology responsibilities within the agency and to require that such personnel have the obligation to report to the ,chief ,information ,officer in a manner considered sufficient by the ,chief ,information ,officer4 4 7c7 ,requirement ,to seek advice from chief information officer on designation or appointment of other chief information officers 7#a7 ,requirement ,section #cejf7;a77#c7 of title #dd1 ,united ,states ,code1 is amended-- 7,a7 by inserting 7,a7 after 7#c72 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,each agency shall have only one individual with the title and designation of ,chief ,information ,officer4 ,any bureau1 office1 or subordinate organization within the agency may designate one individual with the title ,deputy ,chief ,information ,officer1 ,associate ,chief ,information ,officer1 or ,assistant ,chief ,information ,officer4 ,the head of the agency shall seek the advice of the ,chief ,information ,officer of the agency in designating or appointing any deputy1 associate1 or assistant chief information officer within the agency4 4 7#b7 ,effective date ,section #cejf7;a77#c77;,b7 of title #dd1 ,united ,states ,code1 as added by paragraph 7#a71 shall take effect as of ,october #a1 #bjad4 ,any individual serving in a position affected by such section before such date may continue in that position if the requirements of such section are fulfilled with respect to that individual4 #ajb4 ,lead coordination role of ,chief ,information ,officers ,council 7a7 ,lead coordination role ,subsection 7d7 of section #cfjc of title #dd1 ,united ,states ,code1 is amended to read as follows3 7d7 ,lead interagency forum 7#a7 ,in general ,the ,council is designated the lead interagency forum for improving agency coordination of practices related to the design1 development1 modernization1 use1 operation1 sharing1 performance1 and review of ,federal ,government information resources investment4 ,as the lead interagency forum1 the ,council shall develop cross-agency portfolio management practices to allow and encourage the development of cross-agency shared services and shared platforms4 ,the ,council shall also issue standards and practices for infrastructure and common information technology applications1 including expansion of the ,federal ,enterprise ,architecture process if appropriate4 ,the standards and practices may address broader transparency1 common inputs1 common outputs1 and outcomes achieved4 ,the standards and practices shall be used as a basis for comparing performance across diverse missions and operations in various agencies4 7#b7 ,report ,not later than ,december #a in each of the #f years following the date of the enactment of this paragraph1 the ,council shall submit to the relevant congressional committees a report 7to be known as the ,,cio ,council ,report7 summarizing the ,council's activities in the preceding fiscal year and containing such recommendations for further congressional action to fulfill its mission as the ,council considers appropriate4 7#c7 ,relevant congressional committees ,for purposes of the report required by paragraph 7#b71 the relevant congressional committees are each of the following3 7,a7 ,the ,committee on ,oversight and ,government ,reform and the ,committee on ,armed ,services of the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,armed ,services of the ,senate4 4 7b7 ,additional function ,subsection 7f7 of section #cfjc of such title is amended by adding at the end the following new paragraph3 7#h7 ,direct the ,federal ,infrastructure and ,common ,application ,collaboration ,center established under section #aaeja of title #dj4 4 #ajc4 ,reports by ,government ,accountability ,office 7a7 ,requirement ,to examine effectiveness ,the ,comptroller ,general of the ,united ,states shall examine the effectiveness of the ,chief ,information ,officers ,council in meeting its responsibilities under section #cfjc7;d7 of title #dd1 ,united ,states ,code1 as added by section #ajb1 with particular focus on-- 7#a7 whether agencies are actively participating in the ,council and heeding the ,council's advice and guidance2 and 7#b7 whether the ,council is actively using and developing the capabilities of the ,federal ,infrastructure and ,common ,application ,collaboration ,center created under section #aaeja of title #dj1 ,united ,states ,code1 as added by section #dja4 7b7 ,reports ,not later than #a year1 #c years1 and #e years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the relevant congressional committees a report containing the findings and recommendations of the ,comptroller ,general from the examination required by subsection 7a74 ,,ii ,data ,center ,optimization #bja4 ,purpose ,the purpose of this title is to optimize ,federal data center usage and efficiency4 #bjb4 ,definitions ,in this title3 7#a7 ,federal ,data ,center ,optimization ,initiative ,the term ,federal ,data ,center ,optimization ,initiative or the ,initiative means the initiative developed and implemented by the ,director1 through the ,federal ,chief ,information ,officer1 as required under section #bjc4 7#b7 ,covered agency ,the term covered agency means any agency included in the ,federal ,data ,center ,optimization ,initiative4 7#c7 ,federal ,chief ,information ,officer ,the term ,federal ,chief ,information ,officer means the ,administrator of the ,office of ,electronic ,government established under section #cfjb of title #dd1 ,united ,states ,code4 7#d7 ,data ,center ,the term data center means a closet1 room1 floor1 or building for the storage1 management1 and dissemination of data and information1 as defined by the ,federal ,chief ,information ,officer under guidance issued pursuant to this section4 7#e7 ,federal ,data ,center ,the term ,federal data center means any data center of a covered agency used or operated by a covered agency1 by a contractor of a covered agency1 or by another organization on behalf of a covered agency4 7#f7 ,server ,utilization ,the term server utilization refers to the activity level of a server relative to its maximum activity level1 expressed as a percentage4 7#g7 ,power usage effectiveness ,the term power usage effectiveness means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center4 #bjc4 ,federal ,data ,center ,optimization ,initiative 7a7 ,requirement for initiative ,the ,federal ,chief ,information ,officer1 in consultation with the chief information officers of covered agencies1 shall develop and implement an initiative1 to be known as the ,federal ,data ,center ,optimization ,initiative1 to optimize the usage and efficiency of ,federal data centers by meeting the requirements of this ,act and taking additional measures1 as appropriate4 7b7 ,requirement for plan ,within #f months after the date of the enactment of this ,act1 the ,federal ,chief ,information ,officer1 in consultation with the chief information officers of covered agencies1 shall develop and submit to ,congress a plan for implementation of the ,initiative required by subsection 7a7 by each covered agency4 ,in developing the plan1 the ,federal ,chief ,information ,officer shall take into account the findings and recommendations of the ,comptroller ,general review required by section #bje7;e74 7c7 ,matters covered ,the plan shall include-- 7#a7 descriptions of how covered agencies will use reductions in floor space1 energy use1 infrastructure1 equipment1 applications1 personnel1 increases in multiorganizational use1 and other appropriate methods to meet the requirements of the initiative2 and 7#b7 appropriate consideration of shifting ,federally owned data centers to commercially owned data centers4 #bjd4 ,performance requirements related to data center consolidation 7a7 ,server utilization ,each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the ,federal ,chief ,information ,officer3 7#a7 ,the closing of existing data centers that lack adequate server utilization1 as determined by the ,federal ,chief ,information ,officer4 ,if the agency fails to close such data centers1 the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan4 ,the ,federal ,chief ,information ,officer shall include an assessment of the agency explanation in the annual report to ,congress4 7#b7 ,the consolidation of services within existing data centers to increase server utilization rates4 7#c7 ,any other method that the ,federal ,chief ,information ,officer1 in consultation with the chief information officers of covered agencies1 determines necessary to optimize server utilization4 7b7 ,power usage effectiveness ,each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the ,federal ,chief ,information ,officer3 7#a7 ,the use of the measurement of power usage effectiveness to calculate data center energy efficiency4 7#b7 ,the use of power meters in data centers to frequently measure power consumption over time4 7#c7 ,the establishment of power usage effectiveness goals for each data center4 7#d7 ,the adoption of best practices for managing-- 7,a7 temperature and airflow in data centers2 and 7,b7 power supply efficiency4 7#e7 ,the implementation of any other method that the ,federal ,chief ,information ,officer1 in consultation with the ,chief ,information ,officers of covered agencies1 determines necessary to optimize data center energy efficiency4 #bje4 ,cost savings related to data center optimization 7a7 ,requirement ,to track costs ,each covered agency shall track costs resulting from implementation of the ,federal ,data ,center ,optimization ,initiative within the agency and submit a report on those costs annually to the ,federal ,chief ,information ,officer4 ,covered agencies shall determine the net costs from data consolidation on an annual basis4 7#a7 ,factors ,in calculating net costs each year under subsection 7a71 a covered agency shall use the following factors3 7,a7 ,energy costs4 7,b7 ,personnel costs4 7,c7 ,real estate costs4 7,d7 ,capital expense costs4 7,e7 ,operating system1 database1 and other software license expense costs4 7,f7 ,other appropriate costs1 as determined by the agency in consultation with the ,federal ,chief ,information ,officer4 7b7 ,requirement ,to track savings ,each covered agency shall track savings resulting from implementation of the ,federal ,data ,center ,optimization ,initiative within the agency and submit a report on those savings annually to the ,federal ,chief ,information ,officer4 ,covered agencies shall determine the net savings from data consolidation on an annual basis4 7#a7 ,factors ,in calculating net savings each year under subsection 7b71 a covered agency shall use the following factors3 7,a7 ,energy savings4 7,b7 ,personnel savings4 7,c7 ,real estate savings4 7,d7 ,capital expense savings4 7,e7 ,operating system1 database1 and other software license expense savings4 7,f7 ,other appropriate savings1 as determined by the agency in consultation with the ,federal ,chief ,information ,officer4 7c7 ,requirement ,to use cost-,effective measures ,covered agencies shall use the most cost-effective measures to implement the ,federal ,data ,center ,optimization ,initiative4 7d7 ,use of savings ,any savings resulting from implementation of the ,federal ,data ,center ,optimization ,initiative within a covered agency shall be used for the following purposes3 7#a7 ,to offset the costs of implementing the ,initiative within the agency4 7#b7 ,to further enhance information technology capabilities and services within the agency4 7e7 ,government accountability office review ,not later than #c months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall examine methods for calculating savings from the ,initiative and using them for the purposes identified in subsection 7d71 including establishment and use of a special revolving fund that supports data centers and server optimization1 and shall submit to the ,federal ,chief ,information ,officer and ,congress a report on the ,comptroller ,general's findings and recommendations4 #bjf4 ,reporting requirements to ,congress and the ,federal ,chief ,information ,officer 7a7 ,agency ,requirement ,to report to ,,cio ,each year1 each covered agency shall submit to the ,federal ,chief ,information ,officer a report on the implementation of the ,federal ,data ,center ,optimization ,initiative1 including savings resulting from such implementation4 ,the report shall include an update of the agency's plan for implementing the ,initiative4 7b7 ,federal ,chief ,information ,officer requirement ,to report to ,congress ,each year1 the ,federal ,chief ,information ,officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the ,federal ,data ,center ,optimization ,initiative and updates the plan under section #bjc4 ,the report may be included as part of the annual report required under section #cfjf of title #dd1 ,united ,states ,code4 ,,iii ,elimination of ,duplication and ,waste in ,information ,technology ,acquisition #cja4 ,inventory of information technology assets 7a7 ,plan ,the ,director shall develop a plan for conducting a ,governmentwide inventory of information technology assets4 7b7 ,matters covered ,the plan required by subsection 7a7 shall cover the following3 7#a7 ,the manner in which ,federal agencies can achieve the greatest possible economies of scale and cost savings in the procurement of information technology assets1 through measures such as reducing hardware or software products or services that are duplicative or overlapping and reducing the procurement of new software licenses until such time as agency needs exceed the number of existing and unused licenses4 7#b7 ,the capability to conduct ongoing ,governmentwide inventories of all existing software licenses on an application-by-application basis1 including duplicative1 unused1 overused1 and underused licenses1 and to assess the need of agencies for software licenses4 7#c7 ,a ,governmentwide spending analysis to provide knowledge about how much is being spent for software products or services to support decisions for strategic sourcing under the ,federal strategic sourcing program managed by the ,office of ,federal ,procurement ,policy4 7c7 ,other inventories ,in developing the plan required by subsection 7a71 the ,director shall review the inventory of information systems maintained by each agency under section #ceje7;c7 of title #dd1 ,united ,states ,code1 and the inventory of information resources maintained by each agency under section #cejf7;b77#d7 of such title4 7d7 ,availability ,the inventory of information technology assets shall be available to ,chief ,information ,officers and such other ,federal officials as the ,chief ,information ,officers may1 in consultation with the ,chief ,information ,officers ,council1 designate4 7e7 ,deadline and submission to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall complete and submit to ,congress the plan required by subsection 7a74 7f7 ,implementation ,not later than two years after the date of the enactment of this ,act1 the ,director shall complete implementation of the plan required by subsection 7a74 7g7 ,review by ,comptroller ,general ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall review the plan required by subsection 7a7 and submit to the relevant congressional committees a report on the review4 #cjb4 ,website consolidation and transparency 7a7 ,website consolidation ,the ,director shall-- 7#a7 in consultation with ,federal agencies1 and after reviewing the directory of public ,federal ,government websites of each agency 7as required to be established and updated under section #bjg7;f77#c7 of the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg2 #dd ,u4,s4,c4 #ceja note771 assess all the publicly available websites of ,federal agencies to determine whether there are duplicative or overlapping websites2 and 7#b7 require ,federal agencies to eliminate or consolidate those websites that are duplicative or overlapping4 7b7 ,website transparency ,the ,director shall issue guidance to ,federal agencies to ensure that the data on publicly available websites of the agencies are open and accessible to the public4 7c7 ,matters covered ,in preparing the guidance required by subsection 7b71 the ,director shall-- 7#a7 develop guidelines1 standards1 and best practices for interoperability and transparency2 7#b7 identify interfaces that provide for shared1 open solutions on the publicly available websites of the agencies2 and 7#c7 ensure that ,federal agency ,internet home pages1 web-based forms1 and web-based applications are accessible to individuals with disabilities in conformance with section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d74 7d7 ,deadline for guidance ,the guidance required by subsection 7b7 shall be issued not later than #ahj days after the date of the enactment of this ,act4 #cjc4 ,transition to the cloud 7a7 ,sense of ,congress ,it is the sense of ,congress that transition to cloud computing offers significant potential benefits for the implementation of ,federal information technology projects in terms of flexibility1 cost1 and operational benefits4 7b7 ,governmentwide application ,in assessing cloud computing opportunities1 the ,chief ,information ,officers ,council shall define policies and guidelines for the adoption of ,governmentwide programs providing for a standardized approach to security assessment and operational authorization for cloud products and services4 7c7 ,additional budget authorities for transition ,in transitioning to the cloud1 a ,chief ,information ,officer of an agency listed in section #ija7;b7 of title #ca1 ,united ,states ,code1 may establish such cloud service ,working ,capital ,funds as may be necessary to transition to cloud-based solutions4 ,these cloud service ,working ,capital ,funds may preserve funding for cloud service transitions for a period not to exceed #e years per appropriation4 #cjd4 ,elimination of unnecessary duplication of contracts by requiring business case analysis 7a7 ,purpose ,the purpose of this section is to leverage the ,government's buying power and achieve administrative efficiencies and cost savings by eliminating unnecessary duplication of contracts4 7b7 ,requirement for business case approval 7#a7 ,in general ,effective on and after #ahj days after the date of the enactment of this ,act1 an executive agency may not issue a solicitation for a covered contract vehicle unless the agency performs a business case analysis for the contract vehicle and obtains an approval of the business case analysis from the ,administrator for ,federal ,procurement ,policy4 7#b7 ,review of business case analysis 7,a7 ,in general ,with respect to any covered contract vehicle1 the ,administrator for ,federal ,procurement ,policy shall review the business case analysis submitted for the contract vehicle and provide an approval or disapproval within #ajj days after the date of submission4 ,any business case analysis not disapproved within such #ajj-;day period is deemed to be approved4 7,b7 ,basis for approval of business case ,the ,administrator for ,federal ,procurement ,policy shall approve or disapprove a business case analysis based on the adequacy of the analysis submitted4 ,the ,administrator shall give primary consideration to whether an agency has demonstrated a compelling need that cannot be satisfied by existing ,governmentwide contract vehicles in a timely and cost-effective manner4 7#c7 ,content of business case analysis ,the ,administrator for ,federal ,procurement ,policy shall issue guidance specifying the content for a business case analysis submitted pursuant to this section4 ,at a minimum1 the business case analysis shall include details on the administrative resources needed for such contract vehicle1 including an analysis of all direct and indirect costs to the ,federal ,government of awarding and administering such contract vehicle and the impact such contract vehicle will have on the ability of the ,federal ,government to leverage its purchasing power4 7c7 ,definitions 7#a7 ,covered contract vehicle ,the term covered contract vehicle has the meaning provided by the ,administrator for ,federal ,procurement ,policy in guidance issued pursuant to this section and includes1 at a minimum1 any ,governmentwide contract vehicle 1 whether for acquisition of information technology or other goods or services1 in an amount greater than #ej1jjj1jjj 7or #aj1jjj1jjj1 determined on an average annual basis1 in the case of such a contract vehicle performed over more than one year74 ,the term does not include a multiple award schedule contract awarded by the ,general ,services ,administration1 a ,governmentwide acquisition contract for information technology awarded pursuant to sections #aacjb7;e7 and #aacad7;a77#b7 of title #dj1 ,united ,states ,code1 or orders against existing ,governmentwide contract vehicles4 7#b7 ,governmentwide contract vehicle and executive agency ,the terms ,governmentwide contract vehicle and executive agency have the meanings provided in section #aaeja of title #dj1 ,united ,states ,code1 as added by section #dja4 7d7 ,report ,not later than ,june #a in each of the next #f years following the date of the enactment of this ,act1 the ,administrator for ,federal ,procurement ,policy shall submit to the relevant congressional committees a report on the implementation of this section1 including a summary of the submissions1 reviews1 approvals1 and disapprovals of business case analyses pursuant to this section4 7e7 ,guidance ,the ,administrator for ,federal ,procurement ,policy shall issue guidance for implementing this section4 7f7 ,revision of ,,far ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulation shall be amended to implement this section4 ,,iv ,strengthening and ,streamlining ,information ,technology ,acquisition ,management ,practices ,a ,strengthening and ,streamlining ,,it ,program ,management ,practices #dja4 ,establishment of ,federal ,infrastructure and ,common ,application ,collaboration ,center 7a7 ,establishment 7#a7 ,in general ,chapter #aae of title #dj1 ,united ,states ,code1 is amended to read as follows3 #aae ,information ,technology ,acquisition ,management ,practices ,sec4 #aaeja4 ,federal ,infrastructure and ,common ,application ,collaboration ,center4 #aaeja4 ,federal ,infrastructure and ,common ,application ,collaboration ,center 7a7 ,establishment and ,purposes ,the ,director of the ,office of ,management and ,budget shall establish a ,federal ,infrastructure and ,common ,application ,collaboration ,center 7hereafter in this section referred to as the ,collaboration ,center7 within the ,office of ,management and ,budget in accordance with this section4 ,the purposes of the ,collaboration ,center are to serve as a focal point for coordinated program management practices and to develop and maintain requirements for the acquisition of ,,it infrastructure and common applications commonly used by various ,federal agencies4 7b7 ,organization of ,center 7#a7 ,membership ,the ,center shall consist of the following members3 7,a7 ,an appropriate number1 as determined by the ,,cio ,council1 but not less than #ab1 full-time program managers or cost specialists1 all of whom have appropriate experience in the private or ,government sector in managing or overseeing acquisitions of ,,it infrastructure and common applications4 7,b7 ,at least #a full-time detailee from each of the ,federal agencies listed in section #ija7;b7 of title #ca1 nominated by the respective agency chief information officer for a detail period of not less than #b years4 7#b7 ,working groups ,the ,collaboration ,center shall have working groups that specialize in ,,it infrastructure and common applications identified by the ,,cio ,council4 ,each working group shall be headed by a separate dedicated program manager appointed by the ,,cio ,council4 7c7 ,capabilities and functions of the collaboration center ,for each of the ,,it infrastructure and common application areas identified by the ,,cio ,council1 the ,collaboration ,center shall perform the following roles1 and any other functions as directed by the ,,cio ,council3 7#a7 ,develop1 maintain1 and disseminate requirements suitable to establish contracts that will meet the common and general needs of various ,federal agencies as determined by the ,center4 ,in doing so1 the ,center shall give maximum consideration to the adoption of commercial standards and industry acquisition best practices1 including opportunities for shared services1 consideration of total cost of ownership1 preference for industry-neutral functional specifications leveraging open industry standards and competition1 use of open source software1 and use of long-term contracts1 as appropriate4 7#b7 ,develop1 maintain1 and disseminate reliable cost estimates that are accurate1 comprehensive1 well-documented1 and credible4 7#c7 ,lead the review of significant or troubled ,,it investments or acquisitions as identified by the ,,cio ,council4 7#d7 ,provide expert aid to troubled ,,it investments or acquisitions4 7d7 ,guidance ,the ,director1 in consultation with the ,chief ,information ,officers ,council1 shall issue guidance addressing the scope and operation of the ,collaboration ,center4 ,the guidance shall require that the ,collaboration ,center report to the ,federal ,chief ,information ,officer or his delegate4 7e7 ,report to congress ,the ,director shall annually submit to the relevant congressional committees a report detailing the organization1 staff1 and activities of the ,collaboration ,center1 including a list of ,,it infrastructure and common applications the ,center assisted and an assessment of the ,center's achievement in promoting efficiency1 shared services1 and elimination of unnecessary ,government requirements that are contrary to commercial best practices4 7f7 ,improvement of the ,,dod enterprise software initiative and ,,gsa smartbuy program 7#a7 ,in general ,the ,collaboration ,center1 in collaboration with the ,office of ,federal ,procurement ,policy1 the ,department of ,defense1 and the ,general ,services ,administration1 shall identify and develop a strategic sourcing initiative to enhance ,governmentwide acquisition1 shared use1 and dissemination of software1 as well as compliance with end user license agreements4 7#b7 ,examination of methods ,in developing the strategic sourcing initiative1 the ,collaboration ,center shall examine the use of realistic and effective demand aggregation models supported by actual agency commitment to use the models1 and supplier relationship management practices1 to more effectively govern the ,government's acquisition of information technology4 7#c7 ,governmentwide user license agreement ,the ,collaboration ,center1 in coordination with the ,department of ,defense and the ,general ,services ,administration1 shall issue guidelines for establishing a ,governmentwide contract vehicle that allows for the purchase of a license agreement that is available for use by all executive agencies as one user4 ,to the maximum extent practicable1 in establishing the ,governmentwide contract vehicle1 the ,collaboration ,center shall pursue direct negotiation and contracting with major software publishers as prime contractors4 7g7 ,guidelines for acquisition of ,,it infrastructure and common applications 7#a7 ,guidelines ,the ,collaboration ,center shall establish guidelines that1 to the maximum extent possible1 eliminate inconsistent practices among executive agencies and ensure uniformity and consistency in acquisition processes for ,,it infrastructure and common applications across the ,federal ,government4 7#b7 ,central website ,in preparing the guidelines1 the ,collaboration ,center1 in consultation with the ,chief ,acquisition ,officers ,council1 shall offer executive agencies the option of accessing a central website for best practices1 templates1 and other relevant information4 7h7 ,pricing transparency ,the ,collaboration ,center1 in collaboration with the ,office of ,federal ,procurement ,policy1 the ,chief ,acquisition ,officers ,council1 the ,general ,services ,administration1 and the ,assisted ,acquisition ,centers of ,excellence1 shall compile a price list and catalogue containing current pricing information by vendor for each of its ,,it infrastructure and common applications categories4 ,the price catalogue shall contain any price provided by a vendor for the same or similar good or service to any executive agency4 ,the catalogue shall be developed in a fashion ensuring that it may be used for pricing comparisons and pricing analysis using standard data formats4 ,the price catalogue shall not be made public1 but shall be accessible to executive agencies4 7i7 ,federal ,,it acquisition management improvement fund 7#a7 ,establishment and management of fund ,there is a ,federal ,,it ,acquisition ,management ,improvement ,fund 7in this subsection referred to as the ,fund74 ,the ,administrator of ,general ,services shall manage the ,fund through the ,collaboration ,center to support the activities of the ,collaboration ,center carried out pursuant to this section4 ,the ,administrator of ,general ,services shall consult with the ,director in managing the ,fund4 7#b7 ,credits to ,fund ,five percent of the fees collected by executive agencies under the following contracts shall be credited to the ,fund3 7,a7 ,governmentwide task and delivery order contracts entered into under sections #dajc and #daje of title #da4 7,b7 ,governmentwide contracts for the acquisition of information technology and multiagency acquisition contracts for that technology authorized by section #aacad of this title4 7,c7 ,multiple-award schedule contracts entered into by the ,administrator of ,general ,services4 7#c7 ,remittance by head of executive agency ,the head of an executive agency that administers a contract described in paragraph 7#b7 shall remit to the ,general ,services ,administration the amount required to be credited to the ,fund with respect to the contract at the end of each quarter of the fiscal year4 7#d7 ,amounts not to be used for other purposes ,the ,administrator of ,general ,services1 through the ,office of ,management and ,budget1 shall ensure that amounts collected under this subsection are not used for a purpose other than the activities of the ,collaboration ,center carried out pursuant to this section4 7#e7 ,availability of amounts ,amounts credited to the ,fund remain available to be expended only in the fiscal year for which they are credited and the #d succeeding fiscal years4 7j7 ,definitions ,in this section3 7#a7 ,executive agency ,the term executive agency has the meaning provided that term by section #aje of title #e4 7#b7 ,governmentwide contract vehicle ,the term ,governmentwide contract vehicle means any contract1 blanket purchase agreement1 or other contractual instrument that allows for an indefinite number of orders to be placed within the contract1 agreement1 or instrument1 and that is established by one executive agency for use by multiple executive agencies to obtain supplies and services4 7#c7 ,relevant congressional committees ,the term relevant congressional committees means each of the following3 7,a7 ,the ,committee on ,oversight and ,government ,reform and the ,committee on ,armed ,services of the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,armed ,services of the ,senate4 7k7 ,revision of ,,far ,the ,federal ,acquisition ,regulation shall be amended to implement this section4 4 7#b7 ,clerical amendment ,the item relating to chapter #aae in the table of chapters at the beginning of subtitle ,,iii of title #dj1 ,united ,states ,code1 is amended to read as follows3 #aae4;,information ,technology ,acquisition ,management ,practices #aaeja 4 7b7 ,deadlines 7#a7 ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall issue guidance under section #aaeja7;d7 of title #dj1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,not later than #a year after the date of the enactment of this ,act1 the ,director shall establish the ,federal ,infrastructure and ,common ,application ,collaboration ,center1 in accordance with section #aaeja7;a7 of such title1 as so added4 7#c7 ,not later than #b years after the date of the enactment of this ,act1 the ,federal ,infrastructure and ,common ,application ,collaboration ,center shall-- 7,a7 identify and develop a strategic sourcing initiative in accordance with section #aaeja7;f7 of such title1 as so added2 and 7,b7 establish guidelines in accordance with section #aaeja7;g7 of such title1 as so added4 #djb4 ,designation of ,assisted ,acquisition ,centers of ,excellence 7a7 ,designation ,chapter #aae of title #dj1 ,united ,states ,code1 as amended by section #dja1 is further amended by adding at the end the following new section3 #aaejb4 ,assisted ,acquisition ,centers of ,excellence 7a7 ,purpose ,the purpose of this section is to develop specialized assisted acquisition centers of excellence within the ,federal ,government to promote-- 7#a7 the effective use of best acquisition practices2 7#b7 the development of specialized expertise in the acquisition of information technology2 and 7#c7 ,governmentwide sharing of acquisition capability to augment any shortage in the information technology acquisition workforce4 7b7 ,designation of ,a,a,c,es ,not later than #a year after the date of the enactment of this section1 and every #c years thereafter1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,chief ,acquisition ,officers ,council and the ,chief ,information ,officers ,council1 shall designate1 redesignate1 or withdraw the designation of acquisition centers of excellence within various executive agencies to carry out the functions set forth in subsection 7c7 in an area of specialized acquisition expertise as determined by the ,director4 ,each such center of excellence shall be known as an ,assisted ,acquisition ,center of ,excellence or an ,,aace4 7c7 ,functions ,the functions of each ,,aace are as follows3 7#a7 ,best practices ,to promote1 develop1 and implement the use of best acquisition practices in the area of specialized acquisition expertise that the ,,aace is designated to carry out by the ,director under subsection 7b74 7#b7 ,assisted acquisitions ,to assist all ,government agencies in the expedient and low-cost acquisition of the information technology goods or services covered by such area of specialized acquisition expertise by engaging in repeated and frequent acquisition of similar information technology requirements4 7#c7 ,development and training of ,,it acquisition workforce ,to assist in recruiting and training ,,it acquisition cadres 7referred to in section #agjd7;j7 of title #da74 7d7 ,criteria ,in designating1 redesignating1 or withdrawing the designation of an ,,aace1 the ,director shall consider1 at a minimum1 the following matters3 7#a7 ,the subject matter expertise of the host agency in a specific area of information technology acquisition4 7#b7 ,for acquisitions of ,,it infrastructure and common applications covered by the ,federal ,infrastructure and ,common ,application ,collaboration ,center established under section #aaeja of this title1 the ability and willingness to collaborate with the ,collaboration ,center and adhere to the requirements standards established by the ,collaboration ,center4 7#c7 ,the ability of an ,,aace to develop customized requirements documents that meet the needs of executive agencies as well as the current industry standards and commercial best practices4 7#d7 ,the ability of an ,,aace to consistently award and manage various contracts1 task or delivery orders1 and other acquisition arrangements in a timely1 cost-effective1 and compliant manner4 7#e7 ,the ability of an ,,aace to aggregate demands from multiple executive agencies for similar information technology goods or services and fulfill those demands in one acquisition4 7#f7 ,the ability of an ,,aace to acquire innovative or emerging commercial and noncommercial technologies using various contracting methods1 including ways to lower the entry barriers for small businesses with limited ,government contracting experiences4 7#g7 ,the ability of an ,,aace to maximize commercial item acquisition1 effectively manage high-risk contract types1 increase competition1 promote small business participation1 and maximize use of available ,governmentwide contract vehicles4 7#h7 ,the existence of an in-house cost estimating group with expertise to consistently develop reliable cost estimates that are accurate1 comprehensive1 well-documented1 and credible4 7#i7 ,the ability of an ,,aace to employ best practices and educate requesting agencies1 to the maximum extent practicable1 regarding critical factors underlying successful major ,,it acquisitions1 including the following factors3 7,a7 ,active engagement by program officials with stakeholders4 7,b7 ,possession by program staff of the necessary knowledge and skills4 7,c7 ,support of the programs by senior department and agency executives4 7,d7 ,involvement by end users and stakeholders in the development of requirements4 7,e7 ,participation by end users in testing of system functionality prior to formal end user acceptance testing4 7,f7 ,stability and consistency of ,government and contractor staff4 7,g7 ,prioritization of requirements by program staff4 7,h7 ,maintenance of regular communication with the prime contractor by program officials4 7,i7 ,receipt of sufficient funding by programs4 7#aj7 ,the ability of an ,,aace to run an effective acquisition intern program in collaboration with the ,federal ,acquisition ,institute or the ,defense ,acquisition ,university4 7#aa7 ,the ability of an ,,aace to effectively and properly manage fees received for assisted acquisitions pursuant to this section4 7e7 ,funds received by ,a,a,c,es 7#a7 ,availability ,notwithstanding any other provision of law or regulation1 funds obligated and transferred from an executive agency in a fiscal year to an ,,aace for the acquisition of goods or services covered by an area of specialized acquisition expertise of an ,,aace1 regardless of whether the requirements are severable or non-severable1 shall remain available for awards of contracts by the ,,aace for the same general requirements for the next #e fiscal years following the fiscal year in which the funds were transferred4 7#b7 ,additional transfer authority ,if the ,,aace to which the funds are transferred under paragraph 7#a7 becomes unable to fulfill the requirements of the executive agency from which the funds were transferred1 the funds may be transferred to a different ,,aace to fulfill such requirements4 ,the funds so transferred shall be used for the same purpose and remain available for the same period of time as applied when transferred to the original ,,aace4 7#c7 ,relationship to existing authorities ,this subsection does not limit any existing authorities an ,,aace may have under its revolving or working capital funds authorities4 7f7 ,government ,accountability ,office review of ,,aace 7#a7 ,review ,the ,comptroller ,general of the ,united ,states shall review and assess the use and management of fees received by the ,a,a,c,es pursuant to this section to ensure that an appropriate fee structure is established and enforced to cover activities addressed in this section and that no excess fees are charged or retained4 7#b7 ,reports ,not later than #a year after the designation or redesignation of ,,aaces under subsection 7b71 the ,comptroller ,general shall submit to the relevant congressional committees a report containing the findings and assessment under paragraph 7#a74 7g7 ,definitions ,in this section3 7#a7 ,assisted acquisition ,the term assisted acquisition means a type of interagency acquisition in which the parties enter into an interagency agreement pursuant to which-- 7,a7 the servicing agency performs acquisition activities on the requesting agency's behalf1 such as awarding1 administering1 or closing out a contract1 task order1 delivery order1 or blanket purchase agreement2 and 7,b7 funding is provided through a franchise fund1 the ,acquisition ,services ,fund in section #cba of this title1 sections #aece and #aecf of title #ca1 or other available methods4 7#b7 ,executive agency ,the term executive agency has the meaning provided that term by section #acc of title #da4 7#c7 ,relevant congressional committees ,the term relevant congressional committees has the meaning provided that term by section #aaeja of this title4 7h7 ,revision of ,,far ,the ,federal ,acquisition ,regulation shall be amended to implement this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aae of title #dj1 ,united ,states ,code1 as amended by section #dja1 is further amended by adding at the end the following new item3 #aaejb4 ,assisted ,acquisition ,centers of ,excellence4 4 ,b ,strengthening ,,it ,acquisition ,workforce #daa4 ,expansion of training and use of information technology acquisition cadres 7a7 ,purpose ,the purpose of this section is to ensure timely progress by ,federal agencies toward developing1 strengthening1 and deploying personnel with highly specialized skills in information technology acquisition1 including program and project managers1 to be known as information technology acquisition cadres4 7b7 ,report to ,congress ,section #agjd of title #da1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7j7 ,strategic plan on information technology acquisition cadres 7#a7 ,five-year strategic plan to ,congress ,not later than ,june #a following the date of the enactment of this subsection1 the ,director shall submit to the relevant congressional committees a #e-year strategic plan 7to be known as the ,,it ,acquisition ,cadres ,strategic ,plan7 to develop1 strengthen1 and solidify information technology acquisition cadres4 ,the plan shall include a timeline for implementation of the plan and identification of individuals responsible for specific elements of the plan during the #e-year period covered by the plan4 7#b7 ,matters covered ,the plan shall address1 at a minimum1 the following matters3 7,a7 ,current information technology acquisition staffing challenges in ,federal agencies1 by previous year's information technology acquisition value1 and by the ,federal ,government as a whole4 7,b7 ,the variety and complexity of information technology acquisitions conducted by each ,federal agency covered by the plan1 and the specialized information technology acquisition workforce needed to effectively carry out such acquisitions4 7,c7 ,the development of a sustainable funding model to support efforts to hire1 retain1 and train an information technology acquisition cadre of appropriate size and skill to effectively carry out the acquisition programs of the ,federal agencies covered by the plan1 including an examination of interagency funding methods and a discussion of how the model of the ,defense ,acquisition ,workforce ,development ,fund could be applied to civilian agencies4 7,d7 ,any strategic human capital planning necessary to hire1 retain1 and train an information acquisition cadre of appropriate size and skill at each ,federal agency covered by the plan4 7,e7 ,governmentwide training standards and certification requirements necessary to enhance the mobility and career opportunities of the ,federal information technology acquisition cadre within the ,federal agencies covered by the plan4 7,f7 ,new and innovative approaches to workforce development and training1 including cross-functional training1 rotational development1 and assignments both within and outside the ,government4 7,g7 ,appropriate consideration and alignment with the needs and priorities of the ,infrastructure and ,common ,application ,collaboration ,center1 ,assisted ,acquisition ,centers of ,excellence1 and acquisition intern programs4 7,h7 ,assessment of the current workforce competency and usage trends in evaluation technique to obtain best value1 including proper handling of tradeoffs between price and nonprice factors4 7,i7 ,assessment of the current workforce competency in designing and aligning performance goals1 life cycle costs1 and contract incentives4 7,j7 ,assessment of the current workforce competency in avoiding brand-name preference and using industry-neutral functional specifications to leverage open industry standards and competition4 7,k7 ,use of integrated program teams1 including fully dedicated program managers1 for each complex information technology investment4 7,l7 ,proper assignment of recognition or accountability to the members of an integrated program team for both individual functional goals and overall program success or failure4 7,m7 ,the development of a technology fellows program that includes provisions for recruiting1 for rotation of assignments1 and for partnering directly with universities with well-recognized information technology programs4 7,n7 ,the capability to properly manage other transaction authority 7where such authority is granted71 including ensuring that the use of the authority is warranted due to unique technical challenges1 rapid adoption of innovative or emerging commercial or noncommercial technologies1 or other circumstances that cannot readily be satisfied using a contract1 grant1 or cooperative agreement in accordance with applicable law and the ,federal ,acquisition ,regulation4 7,o7 ,any other matters the ,director considers appropriate4 7#c7 ,annual report ,not later than ,june #a in each of the #e years following the year of submission of the plan required by paragraph 7#a71 the ,director shall submit to the relevant congressional committees an annual report outlining the progress made pursuant to the plan4 7#d7 ,government accountability office review of the plan and annual report 7,a7 ,not later than #a year after the submission of the plan required by paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall review the plan and submit to the relevant congressional committees a report on the review4 7,b7 ,not later than #f months after the submission of the first1 third1 and fifth annual report required under paragraph 7#c71 the ,comptroller ,general shall independently assess the findings of the annual report and brief the relevant congressional committees on the ,comptroller ,general's findings and recommendations to ensure the objectives of the plan are accomplished4 7#e7 ,definitions ,in this subsection3 7,a7 ,the term ,federal agency means each agency listed in section #ija7;b7 of title #ca4 7,b7 ,the term relevant congressional committees means each of the following3 7i7 ,the ,committee on ,oversight and ,government ,reform and the ,committee on ,armed ,services of the ,house of ,representatives4 7ii7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,armed ,services of the ,senate4 4 #dab4 ,plan on strengthening program and project management performance 7a7 ,plan on strengthening program and project management performance ,not later than ,june #a following the date of the enactment of this ,act1 the ,director1 in consultation with the ,director of the ,office of ,personnel ,management1 shall submit to the relevant congressional committees a plan for improving management of ,,it programs and projects4 7b7 ,matters covered ,the plan required by subsection 7a7 shall include1 at a minimum1 the following3 7#a7 ,creation of a specialized career path for program management4 7#b7 ,the development of a competency model for program management consistent with the ,,it project manager model4 7#c7 ,a career advancement model that requires appropriate expertise and experience for advancement4 7#d7 ,a career advancement model that is more competitive with the private sector and that recognizes both ,government and private sector experience4 7#e7 ,appropriate consideration and alignment with the needs and priorities of the ,infrastructure and ,common ,application ,collaboration ,center1 the ,assisted ,acquisition ,centers of ,excellence1 and acquisition intern programs4 7c7 ,combination with other cadres plan ,the ,director may combine the plan required by subsection 7a7 with the ,,it ,acquisition ,cadres ,strategic ,plan required under section #agjd7;j7 of title #da1 ,united ,states ,code1 as added by section #daa4 #dac4 ,personnel awards for excellence in the acquisition of information systems and information technology 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall develop policy and guidance for agencies to develop a program to recognize excellent performance by ,federal ,government employees and teams of such employees in the acquisition of information systems and information technology for the agency4 7b7 ,elements ,the program referred to in subsection 7a7 shall1 to the extent practicable-- 7#a7 obtain objective outcome measures2 and 7#b7 include procedures for-- 7,a7 the nomination of ,federal ,government employees and teams of such employees for eligibility for recognition under the program2 and 7,b7 the evaluation of nominations for recognition under the program by #a or more agency panels of individuals from ,government1 academia1 and the private sector who have such expertise1 and are appointed in such a manner1 as the ,director of the ,office of ,personal ,management shall establish for purposes of the program4 7c7 ,award of cash bonuses and other incentives ,in carrying out the program referred to in subsection 7a71 the ,director of the ,office of ,personnel ,management1 in consultation with the ,director of the ,office of ,management and ,budget1 shall establish policies and guidance for agencies to reward any ,federal ,government employee or teams of such employees recognized pursuant to the program-- 7#a7 with a cash bonus1 to the extent that the performance of such individual or team warrants the award of such bonus and is authorized by any provision of law2 7#b7 through promotions and other nonmonetary awards2 7#c7 by publicizing-- 7,a7 acquisition accomplishments by individual employees2 and 7,b7 the tangible end benefits that resulted from such accomplishments1 as appropriate2 and 7#d7 through other awards1 incentives1 or bonuses that the head of the agency considers appropriate4 ,v ,additional ,reforms #eja4 ,maximizing the benefit of the ,federal ,strategic ,sourcing ,initiative ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator for ,federal ,procurement ,policy shall prescribe regulations providing that when the ,federal ,government makes a purchase of services and supplies offered under the ,federal ,strategic ,sourcing ,initiative 7managed by the ,office of ,federal ,procurement ,policy7 but such ,initiative is not used1 the contract file for the purchase shall include a brief analysis of the comparative value1 including price and nonprice factors1 between the services and supplies offered under such ,initiative and services and supplies offered under the source or sources used for the purchase4 #ejb4 ,promoting transparency of blanket purchase agreements 7a7 ,price information ,to be treated as public information ,the final negotiated price offered by an awardee of a blanket purchase agreement shall be treated as public information4 7b7 ,publication of blanket purchase agreement information ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of ,general ,services shall make available to the public a list of all blanket purchase agreements entered into by ,federal agencies under its ,federal ,supply ,schedules contracts and the prices associated with those blanket purchase agreements4 ,the list and price information shall be updated at least once every #f months4 #ejc4 ,additional source selection technique in solicitations ,section #ccjf7;d7 of title #da1 ,united ,states ,code1 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by striking the period and inserting 2 or at the end of paragraph 7#b72 and 7#c7 by adding at the end the following new paragraph3 7#c7 stating in the solicitation that the award will be made using a fixed price technical competition1 under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation4 4 #ejd4 ,enhanced transparency in information technology investments 7a7 ,public availability of information about ,,it investments ,section #aacjb7;c7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,public availability 7,a7 ,in general ,the ,director shall make available to the public the cost1 schedule1 and performance data for at least #hj percent 7by dollar value7 of all information technology investments ,governmentwide1 and #fj percent 7by dollar value7 of all information technology investments in each ,federal agency listed in section #ija7;b7 of title #ca4 ,the ,director shall ensure that the information is current1 accurate1 and reflects the risks associated with each covered information technology investment4 7,b7 ,waiver or limitation authority ,the applicability of subparagraph 7,a7 may be waived or the extent of the information may be limited-- 7i7 by the ,director1 with respect to ,,it investments ,governmentwide2 and 7ii7 by the ,chief ,information ,officer of a ,federal agency1 with respect to ,,it investments in that agency2 if the ,director or the ,chief ,information ,officer1 as the case may be1 determines that such a waiver or limitation is in the national security interests of the ,united ,states4 4 7b7 ,additional report requirements ,paragraph 7#c7 of section #aacjb7;c7 of such title1 as redesignated by subsection 7a71 is amended by adding at the end the following3 ,the report shall include an analysis of agency trends reflected in the performance risk information required in paragraph 7#b744 #eje4 ,enhanced communication between ,government and industry ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry1 so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms4 #ejf4 ,clarification of current law with respect to open source software 7a7 ,purpose ,the purpose of this section is to establish guidance and processes to clarify that open source software is a valid procurement option that shall receive full consideration alongside other options1 in merit-based requirements development and evaluation processes that promote procurement choices based on performance and value1 and free of preconceived preferences based on how technology is developed1 licensed1 or distributed within the ,federal ,government4 7b7 ,technology neutrality ,nothing in this section shall be construed to modify the ,federal ,government's long-standing policy of following technology-neutral principles and practices when selecting and acquiring information technology that best fits the needs of the ,federal ,government4 7c7 ,standards and guidelines ,section #aacjb7;d7 of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 ,the standards and guidelines shall include those necessary to enable effective adoption of open source software44 7d7 ,guidance ,not later than #ahj days after the date of the enactment of this ,act1 the ,director1 in consultation with the ,chief ,information ,officers ,council1 shall issue guidance for the use and collaborative development of open source software within the ,federal ,government4 7e7 ,matters covered ,in issuing guidance under subsection 7c71 the ,director shall include1 at a minimum1 the following3 7#a7 ,guidance to clarify that the preference for commercial items in section #ccjg of title #da1 ,united ,states ,code1 includes all open source software that meets the definition of the term commercial item in section #ajc of title #da1 ,united ,states ,code1 including all such software that is used for non-,government purposes and is licensed to the public4 7#b7 ,guidance regarding the conduct of market research to ensure the inclusion of open source software4 7#c7 ,guidance to establish a program to educate the acquisition workforce by providing information to identify and counter misconceptions about open source software and to keep such information updated4 7#d7 ,guidance to define ,governmentwide standards for security1 redistribution1 indemnity1 and copyright in the acquisition1 use1 release1 and collaborative development of open source software4 7#e7 ,guidance for the adoption of available commercial practices to acquire open source software for widespread ,government use1 including issues such as security and redistribution rights4 7#f7 ,guidance to establish standard service level agreements for maintenance and support for open source software products widely adopted by the ,government1 as well as the development of ,governmentwide agreements that contain standard and widely applicable contract provisions for ongoing maintenance and development of open source software4 7#g7 ,guidance on the role and use of the ,federal ,infrastructure and ,common ,application ,collaboration ,center1 established pursuant to section #aaeja of title #dj1 ,united ,states ,code 7as added by section #dja71 for acquisition of open source software4 7f7 ,report to congress ,not later than #b years after the issuance of the guidance required by subsection 7b71 the ,comptroller ,general of the ,united ,states shall submit to the relevant congressional committees a report containing-- 7#a7 an assessment of the effectiveness of the guidance2 7#b7 an identification of barriers to widespread use by the ,federal ,government of open source software2 and 7#c7 such legislative recommendations as the ,comptroller ,general considers appropriate to further the purposes of this section4 ,february #be1 #bjad ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed