,,ii #aagth ,,congress #b;d ,session ,s4 #dfbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bf1 #bjbb,mr4 ,peters 7for himself and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to advance ,government innovation through leading-edge procurement capability1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,advancing ,government ,innovation with ,leading-,edge ,procurement ,act of #bjbb or the ,,agile ,procurement ,act of #bjbb4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,government ,accountability ,office 7,,gao7 has conducted a trend analysis of governmentwide contracting for each of the last several fiscal years4 ,these analyses show that the ,federal dollars obligated through contracts has been steadily increasing4 7#b7 ,contract spending accounts for more than #hj percent of the ,federal information technology budget4 7#c7 ,spending on cybersecurity1 software1 cloud computing1 and artificial intelligence technologies is projected to grow significantly4 7#d7 ,rapid technological developments and increased ,government demand create a need for a ,federal acquisition workforce with an understanding of technology and related procurement considerations4 7#e7 ,recruitment and retention of procurement staff are chief concerns for ,federal agencies1 which are facing a shortage of procurement professionals despite growing contract spending and the need for a faster procurement process to keep pace with technological advancements4 7#f7 ,federal agencies are challenged to shorten the procurement cycle to timely meet agency technology requirements4 ,unlike in the past1 procurements that take years from requirements development to implementation may be obsolete by the time they are fielded4 7#g7 ,while ,federal contracting dollars are increasing year over year1 the number of ,federal contractors receiving contract awards is shrinking1 particularly with regard to new and small companies4 ,this trend could impair the ,federal ,government's access to innovative commercial technologies4 #c4 ,definitions ,in this ,act3 7#a7 ,acquisition workforce ,the term acquisition workforce means employees of an executive agency who are responsible for procurement1 contracting1 program or project management1 or others as designated by the ,chief ,acquisition ,officer1 ,senior ,procurement ,executive1 or ,head of the ,contracting ,activity4 7#b7 ,administrator ,the term ,administrator means the ,administrator for ,federal ,procurement ,policy4 7#c7 ,cross-functional ,the term cross-functional means a structure in which individuals with different functional expertise or from different areas of an organization work together as a team4 7#d7 ,executive agency ,the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code4 7#e7 ,experiential learning ,the term experiential learning means on-the-job experiences or simulations that serve to enhance workforce professional skills4 7#f7 ,information and communications technology ,the term information and communications technology has the meaning given the term in subpart #b4aja of the ,federal ,acquisition ,regulation and includes associated services4 7#g7 ,qualified business wholly-owned through an employee stock ownership plan ,the term qualified businesses wholly-owned through an ,employee ,stock ,ownership ,plan means an ,s corporation 7as defined in section #acfa7;a77#a7 of the ,internal ,revenue ,code of #aihf7 for which #ajj percent of the outstanding stock is held through an employee stock ownership plan 7as defined in section #dige7;e77#g7 of such ,code74 7#h7 ,relevant committees of ,congress ,the term relevant committees of ,congress means the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7#i7 ,small business ,the term small business has the meaning given the term small business concern in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 #d4 ,acquisition workforce 7a7 ,pathways to procurement pilot program 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,administrator1 in coordination with the ,federal ,acquisition ,institute and the ,office of ,personnel ,management1 as necessary1 shall pilot a program for entry of junior and mid-career professionals to the ,general ,schedule ,contracting series 7,,gs-#aajb7 workforce1 by-- 7,a7 considering the inclusion of program participants from other job series and fields1 including veterans1 military spouses1 and private sector procurement professionals2 7,b7 providing alternatives to education and training requirements for entry into the ,general ,schedule ,contracting series 7,,gs-#aajb7 workforce1 such as allowing for use of educational credits in a technical discipline relevant to agency procurement1 such as information and communications technology and scientific and engineering disciplines2 7,c7 providing pathways to reciprocity or fulfillment of certification requirements for ,department of ,defense professional contracting certification holders and commercial sector acquisition certification holders1 such as certified professional contract managers and certified ,federal contract managers2 and 7,d7 providing a capstone class or experience and relevant mentorship opportunities4 7#b7 ,briefing ,not later than #b years after the date of the enactment of this ,act1 the ,administrator shall provide to the relevant committees of ,congress a briefing on implementation of the pilot program and any recommendations related to expansion or extension4 7#c7 ,duration ,the duration of the pilot program under this subsection shall be not less than #e years after the date of the enactment of this ,act4 7b7 ,experiential learning ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,acquisition ,institute shall incorporate experiential learning into the training framework for the ,general ,schedule ,contracting series 7,,gs-#aajb74 7c7 ,training on information and communications technology acquisition 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,acquisition ,institute1 in coordination with the ,administrator1 the ,administrator of ,general ,services1 the ,chief ,information ,officers ,council1 and the ,united ,states ,digital ,service shall develop and implement or otherwise provide a cross-functional information and communications technology acquisition training program to acquisition workforce members involved in acquiring information and communications technology4 ,the training shall-- 7,a7 include learning objectives related to market research and communicating with industry1 developing requirements1 acquisition planning1 and awarding and administering contracts for information and communications technology2 7,b7 include learning objectives encouraging use of small business programs to acquire information and communications technology2 7,c7 include learning objectives encouraging the use of commercial or commercially available off-the-shelf 7,,cots7 technologies to the greatest extent practicable2 7,d7 include case studies of lessons learned from ,federal information and communications technology procurements and contracts2 7,e7 include experiential learning opportunities2 7,f7 include continuous learning recommendations and resources to keep the skills of acquisition workforce members current2 and 7,g7 be made available to acquisition workforce members designated by a ,chief ,acquisition ,officer1 ,senior ,procurement ,executive1 or ,head of the ,contracting ,activity to participate in the training program4 7#b7 ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,director of the ,federal ,acquisition ,institute shall provide to the relevant committees of ,congress1 the ,chief ,acquisition ,officers ,council and the ,chief ,information ,officers ,council-- 7,a7 a briefing outlining the ,director's progress in developing and implementing or otherwise providing the information and communications technology acquisition training described in paragraph 7#a72 and 7,b7 a list of any congressionally mandated acquisition training that the ,director determines to be outdated or no longer necessary for other reasons4 7#c7 ,duration ,the training program shall be offered for a minimum of #e years following the date of implementation of the training program4 #e4 ,innovative procurement methods 7a7 ,guidance on innovative procurement methods ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall issue guidance to inform executive agencies on the availability of streamlined and alternative procurement methods for procurement of information and communications technology1 including-- 7#a7 simplified procedures for certain commercial products and commercial services in accordance with subpart #ac4e of the ,federal ,acquisition ,regulation1 prize competitions under the ,america ,,competes ,reauthorization ,act of #bjaj 7,public ,law #aaa-ceh71 commercial solutions opening authorities as provided in this section or under separate authority1 the ,small ,business ,innovation ,research ,program1 and joint venture partnerships through agreement with ,national ,technical ,innovation ,service within the ,department of ,commerce2 and 7#b7 information on appropriate use1 examples and templates1 and any other information determined relevant by the ,administrator to assist contracting officers and other members of the acquisition workforce in utilizing the procedures described in paragraph 7#a74 7b7 ,expansion of commercial solutions opening authority ,section #hhj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #da ,u4,s4,c4 #ccja note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by adding at the end the following new subparagraph3 7,c7 ,the head of an executive agency approved for the program1 on a pilot or permanent basis1 by the ,director of the ,office of ,management and ,budget4 2 and 7,b7 in paragraph 7#c71 by adding at the end the following new subparagraph3 7,c7 ,an executive agency approved for the program by the ,director of the ,office of ,management and ,budget4 2 7#b7 in subsection 7c71 by striking #aj1jjj1jjj and inserting #be1jjj1jjj2 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,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 ,budget4 ,the ,administrator shall collect and analyze data on the use of the authority under this section for the purposes of-- 7#a7 developing and sharing best practices2 7#b7 gathering information on the implementation of the authority and related policy issues2 and 7#c7 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 authority4 2 7#d7 by amending subsection 7f7 to read as follows3 7f7 ,definitions ,in this section-- 7#a7 the term commercial product includes a commercial product or a commercial service1 as those terms are defined in sections #ajc and #ajc;a1 respectively1 of title #da1 ,united ,states ,code2 and 7#b7 the term innovative means-- 7,a7 any new technology1 process1 or method1 including research and development2 or 7,b7 any new application of an existing technology1 process1 or method4 2 7#e7 by striking subsection 7g72 7#f7 in the section heading1 by striking ,pilot programs and inserting ,programs2 and 7#g7 by striking pilot each place it appears4 7c7 ,clerical amendment ,the table of contents in section #b7;b7 of such ,act is amended by striking the item relating to section #hhj and inserting the following new item3 ,sec4 #hhj4 ,programs for authority to acquire innovative commercial items using general solicitation competitive procedures4 4 #f4 ,addressing barriers to entry in ,federal contracting 7a7 ,use of past performance ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall issue guidance1 including examples and templates where appropriate1 on-- 7#a7 when a wider range of projects1 such as commercial or non-government1 as well as ,government projects1 should be accepted as relevant past performance1 in order to have access to a wider pool of eligible firms with capability to perform a requirement1 such as a requirement without much precedent2 and 7#b7 use of alternative evaluation methods that may be appropriate for a requirement without much precedent4 7b7 ,addressing barriers to entry 7#a7 ,addressing barriers to entry working group ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator shall convene a working group or an appropriate existing body 7in this section referred to as the working group71 to make recommendations to reduce barriers to entry for entities seeking to do business with the ,federal ,government4 7#b7 ,membership ,the working group convened under paragraph 7#a7 shall be chaired by the ,administrator or a designee of the ,administrator and include1 at a minimum1 representatives from3 7,a7 ,the ,general ,services ,administration4 7,b7 ,the ,department of ,homeland ,security4 7,c7 ,the ,department of ,commerce4 7,d7 ,the ,department of ,defense4 7,e7 ,the ,department of ,health and ,human ,services4 7,f7 ,the ,small ,business ,administration4 7,g7 ,any other agencies or organizations1 including national security agencies1 determined appropriate by the ,administrator4 7#c7 ,consultation ,the working group shall obtain input from the public1 including from the ,procurement ,technical ,assistance ,center 7,,ptac7 network and from other industry representatives1 on ways in which ,federal procurement policies and regulations are obsolete1 overly burdensome or restrictive1 and serve to create barriers to participation in ,federal contracting or unnecessarily increase bid and proposal costs4 7#d7 ,examination of actions ,the working group shall consider the input obtained under paragraph 7#c7 and any other information determined to be appropriate by the ,administrator to identify legislative1 regulatory1 and other actions to foster more resilient supply chains1 provide access to a wider pool of qualified vendors1 and increase opportunities for participation of new1 small1 and nontraditional businesses in the procurement process1 in addition to addressing other barriers4 7#e7 ,implementation ,not later than two years after the date of the enactment of this ,act1 the ,administrator shall1 in consultation with the ,federal ,acquisition ,regulatory ,council1 the ,chief ,acquisition ,officers ,council1 the working group1 and other agencies as appropriate1 implement the regulatory and other non-legislative actions identified under paragraph 7#d7 to address barriers to entry for entities seeking to participate in ,federal ,government procurement4 7#f7 ,briefing ,not later than two years after the date of the enactment of this ,act1 the ,administrator shall brief the relevant committees of ,congress on the legislative actions identified under paragraph 7#d71 and the actions implemented under paragraph 7#e74 7c7 ,revision to the mandatory use of the cost accounting standards ,section #aejb7;b77#a7 of title #da1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b7 by striking the amount set forth in section #cgjb7;a77#a77;,a7 of title #aj as the amount is adjusted in accordance with applicable requirements of law and inserting #ae1jjj1jjj2 and 7#b7 in subparagraph 7,c7-- 7,a7 in clause 7ii71 by striking the semicolon and inserting 2 or2 7,b7 in clause 7iii71 by striking 2 or and inserting a period2 and 7,c7 by striking clause 7iv74 #g4 ,incentivizing employee stock ownership plans for business growth 7a7 ,pilot program ,to use noncompetitive procedures for certain follow-,on contracts to qualified businesses wholly-,owned through an ,employee ,stock ,ownership ,plan 7,,esop7 7#a7 ,establishment ,the ,administrator may expand the pilot program authorized by section #hgd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb 7,public ,law #aag-ha2 #aj ,u4,s4,c4 #cbjd note7 for governmentwide use1 including by coordinating as necessary with the ,federal ,acquisition ,regulatory ,council to make related amendments to the ,federal ,acquisition ,regulation4 7#b7 ,follow-on contracts ,notwithstanding the requirements of section #ccja of title #da1 ,united ,states ,code1 for purposes of carrying out a governmentwide ,,esop pilot program established under paragraph 7#a71 the products or services to be procured by an executive agency under a follow-on contract with a qualified business wholly-owned through an ,,esop for the continued development1 production1 or provision of products or services that are the same as or substantially similar to the products or services procured under a prior contract may be procured through procedures other than competitive procedures if the performance of the qualified business on the prior contract was rated as satisfactory 7or the equivalent7 or better4 7#c7 ,limitation ,a qualified business wholly-owned through an ,,esop may have a single opportunity for award of a sole-source follow-on contract under this subsection1 unless the senior procurement executive of the executive agency awarding the contract approves a waiver of such limitation4 7b7 ,verification and reporting of qualified businesses wholly-,owned through an employee stock ownership plan ,under a pilot program established under this section1 the ,administrator shall establish procedures-- 7#a7 for businesses to verify status as a qualified business wholly-owned through an ,,esop for the purposes of this section by using existing ,federal reporting mechanisms2 7#b7 for a qualified businesses wholly-owned through an ,,esop to certify that not more than #ej percent of the amount paid under the contract will be expended on subcontracts1 including similarly situated ,e,s,o,ps if determined appropriate by the ,administrator1 subject to such necessary and reasonable waivers as the implementing guidance or regulations may prescribe2 and 7#c7 to record and provide to relevant committees of ,congress upon request information on each follow-on contract awarded under authority of this subsection1 including details relevant to the nature of such contract and the qualified business wholly-owned through an ,,esop that received the contract4 7c7 ,sunset ,a pilot program established under this section shall expire on the date that is #e years after the date of the enactment of this ,act4