,,ii #aahth ,,congress #b;d ,session ,s4 #djff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjbd,mr4 ,peters 7for himself and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve ,federal technology procurement1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,improvement in ,technology ,procurement ,act or the ,,fit ,procurement ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,government ,accountability ,office 7,,gao7 has conducted a trend analysis of ,government-wide 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 information security1 software1 cloud computing1 data center solutions and services1 software as a service1 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 ,federal agencies are challenged to shorten the procurement cycle to meet agency technology requirements4 ,technology acquired through procurements that take years from requirements development to implementation may be obsolete by the time it is fielded4 7#f7 ,while ,federal contracting dollars are increasing year over year1 and the number of new business applications filed is at an all-time high1 the number of ,federal contractors receiving contract awards is shrinking4 ,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 management that involves the performance of acquisition-related functions1 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-- 7,a7 has the meaning given the term in section #dgac of title #da1 ,united ,states ,code2 and 7,b7 includes information and communications technologies covered by definitions contained in the ,federal ,acquisition ,regulation1 including definitions added after the date of the enactment of this ,act by the ,federal ,acquisition ,regulatory ,council pursuant to notice and comment4 7#g7 ,relevant committees of ,congress ,the term relevant committees of ,congress means the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives4 #d4 ,acquisition workforce 7a7 ,experiential learning ,not later than #ah months after the date of the enactment of this ,act1 the ,federal ,acquisition ,institute shall incorporate experiential learning into the ,federal ,credentials ,program1 the ,federal ,acquisition ,certification-,contracting ,officer's ,representative 7,,fac-,,cor7 ,program1 and the ,federal ,acquisition ,certification for ,program and ,project ,managers 7,,fac-,p_/,,pm7 ,program1 or any successor programs4 7b7 ,training on information and communications technology acquisition 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,federal ,acquisition ,institute1 in coordination with the ,administrator1 the ,administrator of ,general ,services1 the ,federal ,chief ,information ,officer1 the ,chief ,information ,officers ,council1 and the ,united ,states ,digital ,service1 and in consultation with others as determined to be appropriate by the ,director of the ,federal ,acquisition ,institute1 shall develop and implement or otherwise provide a cross-functional information and communications technology acquisition training program for acquisition workforce members involved in acquiring information and communications technology4 ,the training shall-- 7,a7 include learning objectives related to market research1 communicating with industry and industry perspectives on the procurement process1 including how investment decisions are impacted by ,government communication and engagement1 developing requirements1 acquisition planning1 best practices for developing and executing outcome-based contracts1 and source selection strategy1 evaluating proposals1 and awarding and administering contracts for information and communications technology2 7,b7 include learning objectives that provide a basic understanding of key technologies ,federal agencies need1 such as cloud computing1 artificial intelligence and artificial intelligence-enabled applications1 and cybersecurity solutions2 7,c7 include learning objectives that encourage 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 contracts1 and related matters as deemed relevant by the ,director of the ,federal ,acquisition ,institute2 7,e7 include experiential learning opportunities1 and opportunities to practice acquisition teaming involving collaboration of team members with varied relevant domain expertise to complete acquisition-related tasks1 including tasks with accelerated timelines2 7,f7 include continuous learning recommendations and resources to keep the skills of acquisition workforce members current1 including tools that help adopt or adapt the use of innovative acquisition practices or other flexible business practices commonly used in commercial buys2 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 program2 and 7,h7 inform executive agencies about streamlined and alternative procurement methods for procurement of information and communications technology1 including-- 7i7 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 section #e of this ,act or under separate authority1 competitive programs that encourage businesses to engage in ,federal research or research and development with the potential for commercialization1 and joint venture partnerships2 7ii7 innovative procurement techniques designed to streamline the procurement process and lower barriers to entry1 such as use of oral presentations and product demonstrations instead of lengthy written proposals1 appropriately leveraging performance and outcomes-based contracting1 and other techniques discussed on the ,periodic ,table of ,acquisition ,innovations or other similar successor knowledge management portals2 and 7iii7 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 using the procedures described in clauses 7i7 and 7ii74 7#b7 ,report ,not later than #b years 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 ,council1 and the ,chief ,information ,officers ,council-- 7,a7 a report on 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 updated as appropriate as technology advances1 but at least every #b years after implementation1 and offered for a minimum of #g years following the date of implementation of the training program4 7c7 ,acquisition ,workforce ,training ,fund 7#a7 ,finding ,congress finds that the ,acquisition ,workforce ,training ,fund should be utilized in order to ensure that the ,federal acquisition workforce-- 7,a7 continues to adapt to fundamental changes in ,federal ,government acquisition of property and services2 and 7,b7 acquires new skills and knowledge to enable it to contribute effectively in the changing environment of the #bast century4 7#b7 ,increased credits to fund ,section #agjc7;i77#c7 of title #da1 ,united ,states ,code1 is amended by striking ,five percent and inserting ,seven and a half percent4 7d7 ,harmonization of acquisition workforce training requirements ,the responsibility for the requirement in subsection 7b77#a7 of section #b of the ,,ai ,training ,act 7,public ,law #aag-bjg2 #da ,u4,s4,c4 #agjc note7 is reassigned from the ,director of the ,office of ,management and ,budget to the ,administrator of ,general ,services4 #e4 ,innovative procurement methods 7a7 ,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 the section heading1 by striking pilot programs for authority to acquire innovative commercial products and inserting programs for authority to acquire innovative commercial products and commercial services2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting and commercial services after commercial products2 7,b7 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 temporary or permanent basis1 by the ,director of the ,office of ,management and ,budget4 2 and 7,c7 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#c7 by amending subsection 7d7 to read as follows3 7d7 ,guidance ,the head of an agency shall issue guidance for the implementation of the program under this section within that agency4 ,such guidance shall be issued in consultation with the ,office of ,management and ,budget and shall be posted for access by the public4 ,the guidance shall also include requirements for each general solicitation to be posted publicly through a means that provides access to the notice of general solicitation through the ,system for ,award ,management or subsequent ,government-wide point of entry1 with classified solicitations posted to the appropriate ,government portal4 2 7#d7 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 ,director of the ,office of ,management and ,budget4 ,the ,administrator for ,federal ,procurement ,policy 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 ,accountability of the ,house of ,representatives on the use of the authority4 2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a77;,b71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code2 and 2 7#f7 by striking subsection 7g72 and 7#g7 by striking pilot each place it appears4 7b7 ,clerical amendment ,the table of contents in section #b7;b7 of such ,act and the table of contents preceding subtitle ,a of title ,,viii of such ,act are each amended by striking the item relating to section #hhj and inserting the following new item3 ,sec4 #hhj4 ,programs for authority to acquire innovative commercial products1 commercial technologies1 and commercial services using general solicitation competitive procedures4 4 7c7 ,increase in simplified acquisition threshold 7#a7 ,finding ,congress finds that the threshold under which agencies may use simplified acquisition procedures to reduce costs1 improve opportunities for qualified businesses1 promote efficiency and economy1 and avoid unnecessary burdens for agencies and their contractors should be updated4 7#b7 ,amendment 7,a7 ,in general ,section #acd of title #da1 ,united ,states ,code1 is amended by striking #bej1jjj and inserting #ejj1jjj4 7,b7 ,authority to apply provisions below the threshold ,the ,federal ,acquisition ,regulatory ,council may apply a provision that would not otherwise be applicable below the threshold as amended by subparagraph 7,a7 upon a written determination that it would not be in the best interest of the ,federal ,government to exempt contracts and subcontracts in amounts not greater than such amended threshold from such provision1 such as for national security reasons4 7d7 ,multiple award schedule program competitive procedures 7#a7 ,finding ,congress finds that the competition standard established by the ,administrator of ,general ,services for the multiple award schedule program of the ,general ,services ,administration should be updated and made consistent with the competition standard for other procurement methods1 such as simplified acquisitions and negotiated procurements4 ,the term best value is defined in the ,federal ,acquisition ,regulation as meaning the expected outcome of an acquisition that1 in the ,government's estimation1 provides the greatest overall benefit in response to the requirement4 7#b7 ,amendments 7,a7 ,civilian contracts ,section #aeb7c77;,b7 of title #da1 ,united ,states ,code1 is amended to read as follows3 7,b7 contracts and orders under such program result in the award of best value products and services for the ,federal ,government2 4 7,b7 ,defense contracts ,section #cjab7c77;,b7 of title #aj1 ,united ,states ,code1 is amended to read as follows3 7,b7 contracts and orders under such program result in the award of best value products and services for the ,federal ,government2 4 7#c7 ,guidance ,the ,federal ,acquisition ,regulatory ,council shall provide guidance to ,federal agencies on appropriate use of the best value competition standard for the multiple award schedule program as part of the implementing regulations promulgated in connection with the amendments made by paragraph 7#b74 7e7 ,advances for commercial technology subscriptions and tenancy 7#a7 ,finding ,congress finds that the authority to make advance payments should be updated for purposes of enabling the most cost-effective acquisition of cloud computing1 data center solutions and services1 and other information and communications technology acquired on a subscription1 reservation1 or tenancy basis4 7#b7 ,authority to pay advances ,section #ccbd7;d7 of title #ca1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a77;,c71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#b7-- 7i7 by inserting or commercially available content after publication2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#c7 charges for information and communications technology subscriptions1 reservations1 or tenancy1 which means the sharing of computing resources in a private or public environment1 including cloud environments1 for which the ordering agency defines appropriate access and security standards4 4 #f4 ,increasing competition 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 increased competition among eligible firms with capability to perform a requirement1 such as a requirement without much precedent2 7#b7 a means by which an agency may validate non-government past performance references1 such as by requiring an official of an entity providing past performance references to attest to their authenticity and by providing verifiable contact information for the references2 and 7#c7 use of alternative evaluation methods other than past performance that may be appropriate for a requirement without much precedent1 such as demonstrations and testing of technologies as part of the proposal process4 7b7 ,ensuring a capable ,federal vendor base 7#a7 ,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 address the ,federal ,government's shrinking vendor base and related matters4 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 from the following departments and agencies3 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 organizations as determined appropriate by the ,administrator4 7#c7 ,consultation ,the working group shall obtain input from the public1 including from the ,,apex ,accelerators program 7formerly known as ,procurement ,technical ,assistance ,center 7,,ptac7 network7 and other contractor representatives1 to identify ,federal procurement policies and regulations that are obsolete1 overly burdensome or restrictive1 not adequately harmonized1 or otherwise 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 relevant by the working group to identify legislative1 regulatory1 and other actions to remove barriers to qualified vendors in the procurement process1 in order to build the ,federal vendor base1 increase competition1 and address related matters4 7#e7 ,implementation ,not later than #b 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#d71 as determined necessary by the ,administrator1 to remove barriers to entry for those seeking to participate in ,federal ,government procurement4 7#f7 ,briefing ,not later than #b 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 #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 ,government-wide 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 ,government-wide ,,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