118TH CONGRESS 

2D SESSION H. R. 9595 

AN ACT 

To improve Federal technology procurement, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Improvement 

3 in Technology Procurement Act’’ or the ‘‘FIT Procure4 ment Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) ACQUISITION WORKFORCE.—The term ‘‘ac8 quisition workforce’’ means employees of an execu9 tive agency who are responsible for procurement, 

10 contracting, program or project management that 

11 involves the performance of acquisition-related func12 tions, or others as designated by the Chief Acquisi13 tion Officer, senior procurement executive, or head 

14 of the contracting activity. 

15 (2) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator for Federal Pro17 curement Policy. 

18 (3) CHIEF ACQUISITION OFFICER.—The term 

19 ‘‘Chief Acquisition Officer’’ means a Chief Acquisi20 tion Officer appointed pursuant to section 1702 of 

21 title 41, United States Code. 

22 (4) CROSS-FUNCTIONAL.—The term ‘‘cross23 functional’’ means a structure in which individuals 

24 with different functional expertise or from different 

25 areas of an organization work together as a team. 
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1 (5) EXECUTIVE AGENCY.—The term ‘‘executive 

2 agency’’ has the meaning given the term in section 

3 133 of title 41, United States Code. 

4 (6) EXPERIENTIAL LEARNING.—The term ‘‘ex5 periential learning’’ means on-the-job experiences or 

6 simulations that serve to enhance workforce profes7 sional skills. 

8 (7) INFORMATION AND COMMUNICATIONS

9 TECHNOLOGY.—The term ‘‘information and commu10 nications technology’’— 

11 (A) has the meaning given the term in sec12 tion 4713(k) of title 41, United States Code; 

13 and 

14 (B) includes information and communica15 tions technologies covered by any definition con16 tained in the Federal Acquisition Regulation, 

17 including a definition added after the date of 

18 the enactment of this Act by the Federal Acqui19 sition Regulatory Council pursuant to notice 

20 and comment. 

21 (8) RELEVANT COMMITTEES OF CONGRESS.— 

22 The term ‘‘relevant committees of Congress’’ means 

23 the Committee on Homeland Security and Govern24 mental Affairs of the Senate and the Committee on 
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1 Oversight and Accountability of the House of Rep2 resentatives. 

3 (9) SENIOR PROCUREMENT EXECUTIVE.—The 

4 term ‘‘senior procurement executive’’ means a senior 

5 procurement executive designated pursuant to sec6 tion 1702(c) of title 41, United States Code. 

7 (10) SMALL BUSINESS.—The term ‘‘small busi8 ness’’ has the meaning given the term ‘‘small busi9 ness concern’’ in section 3 of the Small Business Act 

10 (15 U.S.C. 632). 

11 SEC. 3. ACQUISITION WORKFORCE. 

12 (a) EXPERIENTIAL LEARNING.—Not later than 18 

13 months after the date of the enactment of this Act, the 

14 Federal Acquisition Institute shall establish a pilot pro15 gram to consider the incorporation of experiential learning 

16 into the Federal Credentials Program, the Federal Acqui17 sition Certification-Contracting Officer’s Representative 

18 Program, and the Federal Acquisition Certification for 

19 Program and Project Managers Program, or any suc20 cessor program. 

21 (b) TRAINING ON INFORMATION AND COMMUNICA22 TIONS TECHNOLOGY ACQUISITION.— 

23 (1) IN GENERAL.—Not later than 18 months 

24 after the date of the enactment of this Act, the Di25 rector of the Federal Acquisition Institute, in coordi-
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1 nation with the Administrator, the Administrator of 

2 General Services, and the Administrator of the Of3 fice of Electronic Government, and in consultation 

4 with the heads of other executive agencies as deter5 mined to be appropriate by the Director of the Fed6 eral Acquisition Institute, shall develop and imple7 ment or otherwise provide a cross-functional infor8 mation and communications technology acquisition 

9 training program for acquisition workforce members 

10 involved in acquiring information and communica11 tions technology. The training shall do the following: 

12 (A) Include learning objectives related to 

13 market research, communicating with industry 

14 and industry perspectives on the procurement 

15 process, including how investment decisions are 

16 impacted by Government communication and 

17 engagement, developing requirements, acquisi18 tion planning, best practices for developing and 

19 executing outcome-based contracts, and source 

20 selection strategy, evaluating proposals, and 

21 awarding and administering contracts for infor22 mation and communications technology. 

23 (B) Include learning objectives that pro24 vide a basic understanding of key technologies 

25 executive agencies need, such as cloud com-
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1 puting, artificial intelligence and artificial intel2 ligence-enabled applications, and cybersecurity 

3 solutions. 

4 (C) Include learning objectives that en5 courage the use of commercial or commercially 

6 available off-the-shelf technologies to the great7 est extent practicable. 

8 (D) Include case studies of lessons learned 

9 from Federal information and communications 

10 technology procurements and contracts, and re11 lated matters as determined to be relevant by 

12 the Director of the Federal Acquisition Insti13 tute. 

14 (E) Include experiential learning opportu15 nities, and opportunities to practice acquisition 

16 teaming involving collaboration of team mem17 bers with varied relevant domain expertise to 

18 complete acquisition-related tasks, including 

19 tasks with accelerated timelines. 

20 (F) Include continuous learning rec21 ommendations and resources to keep the skills 

22 of acquisition workforce members current, in23 cluding tools that help adopt or adapt the use 

24 of innovative acquisition practices or other flexi-
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1 ble business practices commonly used in com2 mercial buys. 

3 (G) Be made available to acquisition work4 force members designated by a Chief Acquisi5 tion Officer, senior procurement executive, or 

6 head of the contracting activity to participate in 

7 the training program. 

8 (H) Inform executive agencies about 

9 streamlined and alternative procurement meth10 ods for procurement of information and com11 munications technology, including— 

12 (i) simplified procedures for certain 

13 commercial products and commercial serv14 ices in accordance with subpart 13.5 of the 

15 Federal Acquisition Regulation, prize com16 petitions under the America COMPETES 

17 Reauthorization Act of 2010 (Public Law 

18 111–358), competitive programs that en19 courage businesses to engage in Federal 

20 research or research and development with 

21 the potential for commercialization, and 

22 joint venture partnerships; 

23 (ii) innovative procurement techniques 

24 designed to streamline the procurement 

25 process and lower barriers to entry, such 
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1 as use of oral presentations and product 

2 demonstrations instead of lengthy written 

3 proposals, appropriately leveraging per4 formance and outcomes-based contracting, 

5 and other techniques discussed on the 

6 Periodic Table of Acquisition Innovations 

7 or other similar successor knowledge man8 agement portals; and 

9 (iii) information on appropriate use, 

10 examples and templates, and any other in11 formation determined relevant by the Ad12 ministrator to assist contracting officers 

13 and other members of the acquisition 

14 workforce in using the procedures de15 scribed in clauses (i) and (ii). 

16 (I) Incorporate learning objectives to iden17 tify and mitigate waste, fraud, and abuse and 

18 ensure the protection of established privacy, 

19 civil rights, and civil liberties in the procure20 ment process. 

21 (2) REPORT.—Not later than 2 years after the 

22 date of the enactment of this Act, the Director of 

23 the Federal Acquisition Institute shall provide to the 

24 relevant committees of Congress, the Chief Acquisi-
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1 tion Officers Council, and the Chief Information Of2 ficers Council— 

3 (A) a report on the progress of the Direc4 tor in developing and implementing or otherwise 

5 providing the information and communications 

6 technology acquisition training described in 

7 paragraph (1); and 

8 (B) a list of any acquisition training that 

9 the Director determines to be outdated or no 

10 longer necessary. 

11 (3) DURATION.—The training program shall be 

12 updated as appropriate, but at least every 2 years 

13 after implementation, and offered for a minimum of 

14 6 years following the date of implementation of the 

15 training program. 

16 (c) ACQUISITION WORKFORCE TRAINING FUND.— 

17 Section 1703(i)(3) of title 41, United States Code, is 

18 amended by striking ‘‘Five percent’’ and inserting ‘‘Seven 

19 and a half percent’’. 

20 (d) HARMONIZATION OF ACQUISITION WORKFORCE

21 TRAINING REQUIREMENTS.—Section 2 of the Artificial 

22 Intelligence Training for the Acquisition Workforce Act 

23 (Public Law 117–207; 41 U.S.C. 1703 note) is amend24 ed— 
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1 (1) in subsection (a)(4), by striking ‘‘DIREC2 TOR.—The term ‘Director’ means the Director of 

3 the Office of Management and Budget.’’ and insert4 ing ‘‘ADMINISTRATOR.—The term ‘Administrator’ 

5 means the Administrator of General Services.’’. 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘Direc8 tor, in coordination with the Administrator of 

9 General Services and any other person deter10 mined relevant by the Director’’ and inserting 

11 ‘‘Administrator, in coordination with the Direc12 tor of the Office of Management and Budget’’; 

13 (B) in paragraph (4), by striking ‘‘Direc14 tor’’ and inserting ‘‘Administrator’’; 

15 (C) in paragraph (5), by striking ‘‘Direc16 tor’’ and inserting ‘‘Administrator’’; and 

17 (D) in paragraph (6), by striking ‘‘Direc18 tor’’ and inserting ‘‘Administrator’’. 

19 SEC. 4. INNOVATIVE PROCUREMENT METHODS. 

20 (a) INCREASE IN SIMPLIFIED ACQUISITION THRESH21 OLD.—Section 134 of title 41, United States Code, is 

22 amended by striking ‘‘$250,000’’ and inserting 

23 ‘‘$500,000’’. 
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1 (b) INCREASE IN MICRO PURCHASE THRESHOLD.— 

2 Section 1902(a)(1) of title 41, United States Code, is 

3 amended by striking ‘‘$10,000’’ and inserting ‘‘$25,000.’’. 

4 (c) ADVANCES FOR COMMERCIAL TECHNOLOGY SUB5 SCRIPTIONS AND TENANCY.—Section 3324(d) of title 31, 

6 United States Code, is amended— 

7 (1) in paragraph (1)(C), by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (2) in paragraph (2)— 

10 (A) by inserting ‘‘or commercially available 

11 content’’ after ‘‘publication’’; and 

12 (B) by striking the period at the end and 

13 inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) charges for information and communica17 tions technology subscriptions, reservations, or ten18 ancy, which means the sharing of computing re19 sources in a private or public environment, including 

20 cloud environments, for which the ordering agency 

21 defines appropriate access and security standards.’’. 

22 SEC. 5. INCREASING COMPETITION IN FEDERAL CON23 TRACTING. 

24 (a) USE OF PAST PERFORMANCE.— 
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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the Adminis3 trator shall issue guidance, including examples and 

4 templates where appropriate, on— 

5 (A) when a wider range of projects, such 

6 as commercial or non-government, as well as 

7 Government projects, should be accepted as rel8 evant past performance, in order to have in9 creased competition among eligible firms with 

10 capability to perform a requirement, such as a 

11 requirement without much precedent; 

12 (B) a means by which an agency may vali13 date non-government past performance ref14 erences, such as by requiring an official of an 

15 entity providing past performance references to 

16 attest to their authenticity and by providing 

17 verifiable contact information for the references; 

18 and 

19 (C) use of alternative evaluation methods 

20 other than past performance that may be ap21 propriate for a requirement without much 

22 precedent, such as demonstrations and testing 

23 of technologies as part of the proposal process. 

24 (2) SUPPLEMENT NOT SUPPLANT.—The guid25 ance issued under paragraph (1) shall supplement 
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1 existing Federal and agency policy and procedures 

2 for consideration of past performance and other 

3 evaluation factors and methods. 

4 (b) ENHANCING COMPETITION IN FEDERAL PRO5 CUREMENT.— 

6 (1) COUNCIL RECOMMENDATIONS.—Not later 

7 than 90 days after the date of the enactment of this 

8 Act, the Administrator shall convene the Chief Ac9 quisition Officers Council (in this section referred to 

10 as the ‘‘Council’’), to make recommendations to 

11 identify and eliminate specific, unnecessary proce12 dural barriers that disproportionately affect the abil13 ity of small businesses to compete for Federal con14 tracts, with a focus on streamlining documentation 

15 and qualification requirements unrelated to the pro16 tection of privacy and civil liberties. 

17 (2) CONSULTATION.—The Council shall obtain 

18 input from the public, including from the APEX Ac19 celerators program (formerly known as Procurement 

20 Technical Assistance Center network) and other con21 tractor representatives, to identify Federal procure22 ment policies and regulations that are obsolete, over23 ly burdensome or restrictive, not adequately har24 monized, or otherwise serve to create barriers to 
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1 small business participation in Federal contracting 

2 or unnecessarily increase bid and proposal costs. 

3 (3) EXAMINATION OF ACTIONS.—The Council 

4 shall consider the input obtained under paragraph 

5 (2) and any other information determined to be rel6 evant by the Council to identify legislative, regu7 latory, and other actions to increase competition and 

8 remove barriers to small business participation in 

9 the procurement process. 

10 (4) IMPLEMENTATION.—Not later than 2 years 

11 after the date of the enactment of this Act, the Ad12 ministrator, in consultation with the Federal Acqui13 sition Regulatory Council, the Chief Acquisition Of14 ficers Council, and other executive agencies as ap15 propriate, shall implement the regulatory and other 

16 non-legislative actions identified under paragraph 

17 (3), as determined necessary by the Administrator, 

18 to remove barriers to entry for small businesses 

19 seeking to participate in Federal Government pro20 curement. 

21 (5) BRIEFING.—Not later than 2 years after 

22 the date of the enactment of this Act, the Adminis23 trator shall brief the relevant committees of Con24 gress on the legislative actions identified under para-
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1 graph (3), and the actions implemented under para2 graph (4). 

3 (c) CONSIDERATION OF COST-EFFICIENCY AND

4 QUALITY.—The Administrator shall advocate for and 

5 prioritize contracting policies that ensure that cost-effi6 ciency and quality of goods and services are key deter7 mining factors in awarding Federal contracts. 

8 SEC. 6. COMPTROLLER GENERAL ASSESSMENT OF SMALL 

9 BUSINESS PARTICIPATION IN FEDERAL PRO10 CUREMENT. 

11 Not later than 18 months after the date of the enact12 ment of this Act, the Comptroller General of the United 

13 States shall submit to Congress and make publicly avail14 able a report that— 

15 (1) assesses the current level of small business 

16 participation in Federal procurement, identifying 

17 barriers, opportunities, and the impact of existing 

18 policies on the ability of small businesses to compete 

19 in Federal procurement; 

20 (2) catalogs and evaluates the effectiveness of 

21 programs intended to support small business partici22 pation in Federal procurement; and 

23 (3) analyzes trends in small business involve24 ment in Federal technology projects, including data 

25 on contract awards, the diversity of sectors rep-
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1 resented, and the geographic distribution of small 

2 business contractors. 

3 SEC. 7. CONFLICT OF INTEREST PROCEDURES. 

4 The Federal Acquisition Regulatory Council and the 

5 Administrator shall update the Federal Acquisition Regu6 lation as necessary to provide additional guidance to exec7 utive agencies to address personal and organizational con8 flicts of interest involving members of the acquisition 

9 workforce. 

10 SEC. 8. NO ADDITIONAL FUNDING. 

11 No additional funds are authorized to be appro12 priated for the purpose of carrying out this Act. 

Passed the House of Representatives December 16, 

2024. 

Attest: 

Clerk. 

118TH CONGRESS 

2D SESSION H. R. 9595 

AN ACT 

To improve Federal technology procurement, and 

for other purposes.