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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9595 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9595

   To improve Federal technology procurement, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2024

 Mr. Burlison introduced the following bill; which was referred to the 
   Committee on Oversight and Accountability, and in addition to the 
Committee on Small Business, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To improve Federal technology procurement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Improvement in Technology 
Procurement Act'' or the ``FIT Procurement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acquisition workforce.--The term ``acquisition 
        workforce'' means employees of an executive agency who are 
        responsible for procurement, contracting, program or project 
        management that involves the performance of acquisition-related 
        functions, or others as designated by the Chief Acquisition 
        Officer, senior procurement executive, or head of the 
        contracting activity.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator for Federal Procurement Policy.
            (3) Chief acquisition officer.--The term ``Chief 
        Acquisition Officer'' means a Chief Acquisition Officer 
        appointed pursuant to section 1702 of title 41, United States 
        Code.
            (4) 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 team.
            (5) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
            (6) Experiential learning.--The term ``experiential 
        learning'' means on-the-job experiences or simulations that 
        serve to enhance workforce professional skills.
            (7) Information and communications technology.--The term 
        ``information and communications technology''--
                    (A) has the meaning given the term in section 
                4713(k) of title 41, United States Code; and
                    (B) includes information and communications 
                technologies covered by any definition contained in the 
                Federal Acquisition Regulation, including a definition 
                added after the date of the enactment of this Act by 
                the Federal Acquisition Regulatory Council pursuant to 
                notice and comment.
            (8) 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 
        Representatives.
            (9) Senior procurement executive.--The term ``senior 
        procurement executive'' means a senior procurement executive 
        designated pursuant to section 1702(c) of title 41, United 
        States Code.
            (10) Small business.--The term ``small business'' has the 
        meaning given the term ``small business concern'' in section 3 
        of the Small Business Act (15 U.S.C. 632).

SEC. 3. ACQUISITION WORKFORCE.

    (a) Experiential Learning.--Not later than 18 months after the date 
of the enactment of this Act, the Federal Acquisition Institute shall 
establish a pilot program to consider the incorporation of experiential 
learning into the Federal Credentials Program, the Federal Acquisition 
Certification-Contracting Officer's Representative Program, and the 
Federal Acquisition Certification for Program and Project Managers 
Program, or any successor program.
    (b) Training on Information and Communications Technology 
Acquisition.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Director of the Federal 
        Acquisition Institute, in coordination with the Administrator, 
        the Administrator of General Services, and the Administrator of 
        the Office of Electronic Government, and in consultation with 
        the heads of other executive agencies as determined to be 
        appropriate by the Director of the Federal Acquisition 
        Institute, 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 
        technology. The training shall do the following:
                    (A) Include learning objectives related to market 
                research, communicating with industry and industry 
                perspectives on the procurement process, including how 
                investment decisions are impacted by Government 
                communication and engagement, developing requirements, 
                acquisition planning, best practices for developing and 
                executing outcome-based contracts, and source selection 
                strategy, evaluating proposals, and awarding and 
                administering contracts for information and 
                communications technology.
                    (B) Include learning objectives that provide a 
                basic understanding of key technologies executive 
                agencies need, such as cloud computing, artificial 
                intelligence and artificial intelligence-enabled 
                applications, and cybersecurity solutions.
                    (C) Include learning objectives that encourage the 
                use of commercial or commercially available off-the-
                shelf technologies to the greatest extent practicable.
                    (D) Include case studies of lessons learned from 
                Federal information and communications technology 
                procurements and contracts, and related matters as 
                determined to be relevant by the Director of the 
                Federal Acquisition Institute.
                    (E) Include experiential learning opportunities, 
                and opportunities to practice acquisition teaming 
                involving collaboration of team members with varied 
                relevant domain expertise to complete acquisition-
                related tasks, including tasks with accelerated 
                timelines.
                    (F) Include continuous learning recommendations and 
                resources to keep the skills of acquisition workforce 
                members current, including tools that help adopt or 
                adapt the use of innovative acquisition practices or 
                other flexible business practices commonly used in 
                commercial buys.
                    (G) Be made available to acquisition workforce 
                members designated by a Chief Acquisition Officer, 
                senior procurement executive, or head of the 
                contracting activity to participate in the training 
                program.
                    (H) Inform executive agencies about streamlined and 
                alternative procurement methods for procurement of 
                information and communications technology, including--
                            (i) simplified procedures for certain 
                        commercial products and commercial services in 
                        accordance with subpart 13.5 of the Federal 
                        Acquisition Regulation, prize competitions 
                        under the America COMPETES Reauthorization Act 
                        of 2010 (Public Law 111-358), competitive 
                        programs that encourage businesses to engage in 
                        Federal research or research and development 
                        with the potential for commercialization, and 
                        joint venture partnerships;
                            (ii) innovative procurement techniques 
                        designed to streamline the procurement process 
                        and lower barriers to entry, such as use of 
                        oral presentations and product demonstrations 
                        instead of lengthy written proposals, 
                        appropriately leveraging performance and 
                        outcomes-based contracting, and other 
                        techniques discussed on the Periodic Table of 
                        Acquisition Innovations or other similar 
                        successor knowledge management portals; and
                            (iii) information on appropriate use, 
                        examples and templates, 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 
                        (i) and (ii).
                    (I) Incorporate learning objectives to identify and 
                mitigate waste, fraud, and abuse and ensure the 
                protection of established privacy, civil rights, and 
                civil liberties in the procurement process.
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Director of the Federal Acquisition 
        Institute shall provide to the relevant committees of Congress, 
        the Chief Acquisition Officers Council, and the Chief 
        Information Officers Council--
                    (A) a report on the progress of the Director in 
                developing and implementing or otherwise providing the 
                information and communications technology acquisition 
                training described in paragraph (1); and
                    (B) a list of any acquisition training that the 
                Director determines to be outdated or no longer 
                necessary.
            (3) Duration.--The training program shall be updated as 
        appropriate, but at least every 2 years after implementation, 
        and offered for a minimum of 6 years following the date of 
        implementation of the training program.
    (c) Acquisition Workforce Training Fund.--Section 1703(i)(3) of 
title 41, United States Code, is amended by striking ``Five percent'' 
and inserting ``Seven and a half percent''.
    (d) Harmonization of Acquisition Workforce Training Requirements.--
Section 2 of the Artificial Intelligence Training for the Acquisition 
Workforce Act (Public Law 117-207; 41 U.S.C. 1703 note) is amended--
            (1) in subsection (a)(4), by striking ``Director.--The term 
        `Director' means the Director of the Office of Management and 
        Budget.'' and inserting ``Administrator.--The term 
        `Administrator' means the Administrator of General Services.''.
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``Director, in 
                coordination with the Administrator of General Services 
                and any other person determined relevant by the 
                Director'' and inserting ``Administrator, in 
                coordination with the Director of the Office of 
                Management and Budget'';
                    (B) in paragraph (4), by striking ``Director'' and 
                inserting ``Administrator'';
                    (C) in paragraph (5), by striking ``Director'' and 
                inserting ``Administrator''; and
                    (D) in paragraph (6), by striking ``Director'' and 
                inserting ``Administrator''.

SEC. 4. INNOVATIVE PROCUREMENT METHODS.

    (a) Increase in Simplified Acquisition Threshold.--Section 134 of 
title 41, United States Code, is amended by striking ``$250,000'' and 
inserting ``$500,000''.
    (b) Increase in Micro Purchase Threshold.--Section 1902(a)(1) of 
title 41, United States Code, is amended by striking ``$10,000'' and 
inserting ``$25,000.''.
    (c) Advances for Commercial Technology Subscriptions and Tenancy.--
Section 3324(d) of title 31, United States Code, is amended--
            (1) in paragraph (1)(C), by striking ``; and'' and 
        inserting a semicolon;
            (2) in paragraph (2)--
                    (A) by inserting ``or commercially available 
                content'' after ``publication''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) charges for information and communications technology 
        subscriptions, reservations, or tenancy, which means the 
        sharing of computing resources in a private or public 
        environment, including cloud environments, for which the 
        ordering agency defines appropriate access and security 
        standards.''.

SEC. 5. INCREASING COMPETITION IN FEDERAL CONTRACTING.

    (a) Use of Past Performance.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Administrator shall issue 
        guidance, including examples and templates where appropriate, 
        on--
                    (A) when a wider range of projects, such as 
                commercial or non-government, as well as Government 
                projects, should be accepted as relevant past 
                performance, in order to have increased competition 
                among eligible firms with capability to perform a 
                requirement, such as a requirement without much 
                precedent;
                    (B) a means by which an agency may validate non-
                government past performance references, 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 
                references; and
                    (C) use of alternative evaluation methods other 
                than past performance that may be appropriate for a 
                requirement without much precedent, such as 
                demonstrations and testing of technologies as part of 
                the proposal process.
            (2) Supplement not supplant.--The guidance issued under 
        paragraph (1) shall supplement existing Federal and agency 
        policy and procedures for consideration of past performance and 
        other evaluation factors and methods.
    (b) Enhancing Competition in Federal Procurement.--
            (1) Council recommendations.--Not later than 90 days after 
        the date of the enactment of this Act, the Administrator shall 
        convene the Chief Acquisition Officers Council (in this section 
        referred to as the ``Council''), to make recommendations to 
        identify and eliminate specific, unnecessary procedural 
        barriers that disproportionately affect the ability of small 
        businesses to compete for Federal contracts, with a focus on 
        streamlining documentation and qualification requirements 
        unrelated to the protection of privacy and civil liberties.
            (2) Consultation.--The Council shall obtain input from the 
        public, including from the APEX Accelerators program (formerly 
        known as Procurement Technical Assistance Center network) and 
        other contractor representatives, to identify Federal 
        procurement policies and regulations that are obsolete, overly 
        burdensome or restrictive, not adequately harmonized, or 
        otherwise serve to create barriers to small business 
        participation in Federal contracting or unnecessarily increase 
        bid and proposal costs.
            (3) Examination of actions.--The Council shall consider the 
        input obtained under paragraph (2) and any other information 
        determined to be relevant by the Council to identify 
        legislative, regulatory, and other actions to increase 
        competition and remove barriers to small business participation 
        in the procurement process.
            (4) Implementation.--Not later than 2 years after the date 
        of the enactment of this Act, the Administrator, in 
        consultation with the Federal Acquisition Regulatory Council, 
        the Chief Acquisition Officers Council, and other executive 
        agencies as appropriate, shall implement the regulatory and 
        other non-legislative actions identified under paragraph (3), 
        as determined necessary by the Administrator, to remove 
        barriers to entry for small businesses seeking to participate 
        in Federal Government procurement.
            (5) Briefing.--Not later than 2 years after the date of the 
        enactment of this Act, the Administrator shall brief the 
        relevant committees of Congress on the legislative actions 
        identified under paragraph (3), and the actions implemented 
        under paragraph (4).
    (c) Consideration of Cost-Efficiency and Quality.--The 
Administrator shall advocate for and prioritize contracting policies 
that ensure that cost-efficiency and quality of goods and services are 
key determining factors in awarding Federal contracts.

SEC. 6. COMPTROLLER GENERAL ASSESSMENT OF SMALL BUSINESS PARTICIPATION 
              IN FEDERAL PROCUREMENT.

    Not later than 18 months after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress and make publicly available a report that--
            (1) assesses the current level of small business 
        participation in Federal procurement, identifying barriers, 
        opportunities, and the impact of existing policies on the 
        ability of small businesses to compete in Federal procurement;
            (2) catalogs and evaluates the effectiveness of programs 
        intended to support small business participation in Federal 
        procurement; and
            (3) analyzes trends in small business involvement in 
        Federal technology projects, including data on contract awards, 
        the diversity of sectors represented, and the geographic 
        distribution of small business contractors.

SEC. 7. CONFLICT OF INTEREST PROCEDURES.

    The Federal Acquisition Regulatory Council and the Administrator 
shall update the Federal Acquisition Regulation as necessary to provide 
additional guidance to executive agencies to address personal and 
organizational conflicts of interest involving members of the 
acquisition workforce.

SEC. 8. NO ADDITIONAL FUNDING.

    No additional funds are authorized to be appropriated for the 
purpose of carrying out this Act.
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