,,ii ,calendar ,no4 #bcd #aaeth ,,congress #ast ,session ,s4 #ijf ,report ,no4 #aae-afe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjag,mrs4 ,mc,caskill 7for herself and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,october #e1 #bjag,reported by ,mr4 ,johnson1 with an amendment,insert the part printed in italic ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to provide for congressional notification regarding major acquisition program breaches1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reducing ,,dhs ,acquisition ,cost ,growth ,act4 #b4 ,congressional notification for major acquisition programs 7a7 ,in general ,subtitle ,d of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia et seq47 is amended by adding at the end the following3 #hcf4 ,congressional notification and other requirements for major acquisition program breach 7a7 ,definitions ,in this section3 7#a7 ,acquisition ,the term acquisition has the meaning given the term in section #aca of title #da1 ,united ,states ,code4 7#b7 ,acquisition program ,the term acquisition program means the process by which the ,department acquires1 with any appropriated amounts1 by contract for purchase or lease1 property or services 7including construction7 that support the missions and goals of the ,department4 7#c7 ,acquisition program baseline ,the term acquisition program baseline1 with respect to an acquisition program1 means a summary of the cost1 schedule1 and performance parameters1 expressed in standard1 measurable1 quantitative terms1 which shall be met in order to accomplish the goals of the program4 7#d7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress has the meaning given the term in section #bbf7;a74 7#e7 ,best practices ,the term best practices1 with respect to acquisition1 means a knowledge-based approach to capability development that includes-- 7,a7 identifying and validating needs2 7,b7 assessing alternatives to select the most appropriate solution2 7,c7 clearly establishing well-defined requirements2 7,d7 developing realistic cost assessments and schedules2 7,e7 securing stable funding that matches resources to requirements2 7,f7 demonstrating technology1 design1 and manufacturing maturity2 7,g7 using milestones and exit criteria or specific accomplishments that demonstrate progress2 7,h7 adopting and executing standardized processes with known success across programs2 7,i7 establishing an adequate workforce that is qualified and sufficient to perform necessary functions2 and 7,j7 integrating the capabilities described in subparagraphs 7,a7 through 7,i7 into the mission and business operations of the ,department4 7#f7 ,breach ,the term breach1 with respect to a major acquisition program1 means a failure to meet any cost1 schedule1 or performance threshold specified in the most recently approved acquisition program baseline4 7#g7 ,component ,acquisition ,executive ,the term ,component ,acquisition ,executive means the senior acquisition official within a component who is designated in writing by the ,under ,secretary for ,management1 in consultation with the component head1 with authority and responsibility for leading a process and staff to provide acquisition and program management oversight1 policy1 and guidance to ensure that statutory1 regulatory1 and higher level policy requirements are fulfilled1 including compliance with ,federal law1 the ,federal ,acquisition ,regulation1 and ,department acquisition management directives established by the ,under ,secretary for ,management4 7#h7 ,major acquisition program ,the term major acquisition program means an acquisition program of the ,department that is estimated by the ,secretary to require an eventual total expenditure of at least #cjj1jjj1jjj 7based on fiscal year #bjag constant dollars7 over the life cycle cost of the program4 7b7 ,requirements within ,department in event of breach 7#a7 ,notifications 7,a7 ,notification of breach ,if a breach occurs in a major acquisition program1 the program manager for the program shall notify the ,component ,acquisition ,executive for the program1 the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management division1 the ,under ,secretary for ,management1 and the ,deputy ,secretary not later than #cj calendar days after the date on which the breach is identified4 7,b7 ,notification to ,secretary ,if a breach occurs in a major acquisition program and the breach results in a cost overrun greater than #ae percent1 a schedule delay greater than #ahj days1 or a failure to meet any of the performance thresholds from the cost1 schedule1 or performance parameters specified in the most recently approved acquisition program baseline for the program1 the ,component ,acquisition ,executive for the program shall notify the ,secretary and the ,inspector ,general of the ,department not later than #e business days after the date on which the ,component ,acquisition ,executive for the program1 the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management ,division1 the ,under ,secretary for ,management1 and the ,deputy ,secretary are notified of the breach under subparagraph 7,a74 7#b7 ,remediation plan and root cause analysis 7,a7 ,in general ,if a breach occurs in a major acquisition program1 the program manager for the program shall submit in writing to the head of the component concerned1 the ,executive ,director of the ,program ,accountability and ,risk ,management division1 and the ,under ,secretary for ,management1 at a date established by the ,under ,secretary for ,management1 a remediation plan and root cause analysis relating to the breach and program4 7,b7 ,remediation plan ,the remediation plan required under subparagraph 7,a7 shall-- 7i7 explain the circumstances of the breach at issue2 7ii7 provide prior cost estimating information2 7iii7 include a root cause analysis that determines the underlying cause or causes of shortcomings in cost1 schedule1 or performance of the major acquisition program with respect to which the breach has occurred1 including the role1 if any1 of-- 7,i7 unrealistic performance expectations2 7,,ii7 unrealistic baseline estimates for cost or schedule or changes in program requirements2 7,,iii7 immature technologies or excessive manufacturing or integration risk2 7,,iv7 unanticipated design1 engineering1 manufacturing1 or technology integration issues arising during program performance2 7,v7 changes to the scope of the program2 7,,vi7 inadequate program funding or changes in planned out-year funding from one #e-year funding plan to the next #e-year funding plan as outlined in the ,future ,years ,homeland ,security ,program required under section #hgd2 7,,vii7 legislative1 legal1 or regulatory changes2 or 7,,viii7 inadequate program management personnel1 including lack of sufficient number of staff1 training1 credentials1 certifications1 or use of best practices2 7iv7 propose corrective action to address cost growth1 schedule delays1 or performance issues2 7v7 explain the rationale for why a proposed corrective action is recommended2 and 7vi7 in coordination with the ,component ,acquisition ,executive for the program1 discuss all options considered1 including-- 7,i7 the estimated impact on cost1 schedule1 or performance of the program if no changes are made to current requirements2 7,,ii7 the estimated cost of the program if requirements are modified2 and 7,,iii7 the extent to which funding from other programs will need to be reduced to cover the cost growth of the program4 7#c7 ,review of corrective actions 7,a7 ,in general ,the ,under ,secretary for ,management-- 7i7 shall review each remediation plan required under paragraph 7#b72 and 7ii7 not later than #cj days after submission of a remediation plan under paragraph 7#b71 may approve the plan or provide an alternative proposed corrective action4 7,b7 ,submission to ,congress ,not later than #cj days after the date on which the ,under ,secretary for ,management completes a review of a remediation plan under subparagraph 7,a71 the ,under ,secretary for ,management shall submit to the appropriate committees of ,congress-- 7i7 a copy of the remediation plan2 and 7ii7 a statement describing the corrective action or actions that have occurred pursuant to paragraph 7#b77;,b77iv7 for the major acquisition program at issue1 with a justification for each action4 7c7 ,requirements relating to congressional notification if breach occurs 7#a7 ,notification to ,congress ,if a notification to the ,secretary is made under subsection 7b77#a77;,b7 relating to a breach in a major acquisition program1 the ,under ,secretary for ,management shall notify the appropriate committees of ,congress of the breach in the next quarterly ,comprehensive ,acquisition ,status ,report1 as required in the matter under the heading ,office of the ,under ,secretary for ,management in title ,i of division ,f of the ,consolidated ,appropriations ,act of #bjaf 7,public ,law #aad-aac2 #abi ,stat4 #bdic71 after receipt by the ,under ,secretary for ,management of notification under that subsection4 7#b7 ,significant variances in costs or schedule ,if a likely cost overrun is greater than #bj percent or a likely delay is greater than #ab months from the costs and schedule specified in the acquisition program baseline for a major acquisition program1 the ,under ,secretary for ,management shall include in the notification required in paragraph 7#a7 a written certification1 with supporting explanation1 that-- 7,a7 the program is essential to the accomplishment of the mission of the ,department2 7,b7 there are no alternatives to the capability or asset provided by the program that will provide equal or greater capability in a more cost-effective and timely manner2 7,c7 the new acquisition schedule and estimates for total acquisition cost are reasonable2 and 7,d7 the management structure for the program is adequate to manage and control cost1 schedule1 and performance4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #hce the following3 ,sec4 #hcf4 ,congressional notification and other requirements for major acquisition program breach4 4 #c4 ,report on bid protests 7a7 ,definition ,in this section1 the term ,department means the ,department of ,homeland ,security4 7b7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,inspector ,general of the ,department shall conduct a study and submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report on the prevalence and impact of bid protests on the acquisition process of the ,department1 in particular bid protests filed with the ,government ,accountability ,office and the ,united ,states ,court of ,federal ,claims4 7c7 ,contents ,the report required under subsection 7b7 shall include-- 7#a7 with respect to contracts with the ,department-- 7,a7 trends in the number of bid protests filed with ,federal agencies1 the ,government ,accountability ,office1 and ,federal courts1 the effectiveness of each forum for contracts and task or delivery orders1 and the rate of those bid protests compared to contract obligations and the number of contracts2 7,b7 an analysis of bid protests filed by incumbent contractors1 including the rate at which those contractors are awarded bridge contracts or contract extensions over the period during which the bid protest remains unresolved2 7,c7 a comparison of the number of bid protests and the outcome of bid protests for-- 7i7 awards of contracts compared to awards of task or delivery orders2 7ii7 contracts or orders primarily for products compared to contracts or orders primarily for services2 7iii7 protests filed pre-award to challenge the solicitation compared to those filed post-award2 7iv7 contracts or awards with single protestors compared to multiple protestors2 and 7v7 contracts with single awards compared to multiple award contracts2 7,d7 a description of trends in the number of bid protests filed as a percentage of contracts and as a percentage of task or delivery orders by the value of the contract or order with respect to-- 7i7 contracts valued at more than #cjj1jjj1jjj2 7ii7 contracts valued at not less than #ej1jjj1jjj and not more than #cjj1jjj1jjj2 7iii7 contracts valued at not less than #aj1jjj1jjj and not more than #ej1jjj1jjj2 and 7iv7 contracts valued at less than #aj1jjj1jjj2 7,e7 an assessment of the cost and schedule impact of successful and unsuccessful bid protests1 as well as delineation of litigation costs1 filed on major acquisitions with more than #ajj1jjj1jjj in annual expenditures or #cjj1jjj1jjj in lifecycle costs2 7,f7 an analysis of how often bid protestors are awarded the contract that was the subject of the bid protest2 7,g7 a summary of the results of bid protests in which the contracting ,federal agencies took unilateral corrective action1 including the average time for remedial action to be completed2 7,h7 the time it takes ,federal agencies to implement corrective actions after a ruling or decision with respect to a bid protest1 and the percentage of those corrective actions that are subsequently protested1 including the outcome of any subsequent bid protest2 7,i7 an analysis of those contracts with respect to which a company files a bid protest and later files a subsequent bid protest2 7,j7 an analysis of the time spent at each phase of the procurement process attempting to prevent a bid protest1 addressing a bid protest1 or taking corrective action in response to a bid protest1 including the efficacy of any actions attempted to prevent the occurrence of a protest2 and 7,k7 with respect to a company bidding on contracts or task or delivery orders1 the extent to and manner in which the bid protest process affects or may affect the decision to offer a bid or proposal on single award or multiple award contracts when the company is the incumbent or non-incumbent contractor2 and 7#b7 any recommendations by the ,inspector ,general of the ,department relating to the study conducted under this section4 ,october #e1 #bjag,reported with an amendment