II 

Calendar No. 677 

118TH CONGRESS 

2D SESSION S. 4055 

[Report No. 118–274] 

To provide for a pilot program to improve contracting outcomes, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2024 

Mr. PETERS (for himself and Mr. LANKFORD) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 9, 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for a pilot program to improve contracting 

outcomes, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Contracting 

5 Outcomes Act of 2024’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate and the 

7 Committee on Oversight and Accountability of the 

8 House of Representatives. 

9 (2) CHIEF FINANCIAL OFFICER ACT AGENCY.— 

10 The term ‘‘Chief Financial Officer Act Agency’’ 

11 means an agency listed in section 901(b) of title 31, 

12 United States Code. 

13 (3) COST AVOIDANCE.—The term ‘‘cost avoid14 ance’’ refers to— 

15 (A) reductions in the need for increased 

16 funding if present management practices con17 tinued; 

18 (B) unfunded requirements that were 

19 avoided; and 

20 (C) productivity gains, such as reduction in 

21 required labor hours, reduction in contract du22 plication, and use of shared contract programs. 

23 (4) COST SAVINGS.—The term ‘‘cost savings’’ 

24 means reductions to budget lines or funded pro25 grams resulting from a new policy, process, or activ26 ity with no adverse impact on mission. 


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1 (5) END USER.—The term ‘‘end user’’ means 

2 the internal stakeholder that uses the product or 

3 service procured. 

4 (6) HEAD OF CONTRACTING ACTIVITY.—The 

5 term ‘‘head of contracting activity’’ has the meaning 

6 given the term ‘‘head of the contracting activity’’ in 

7 section 2.101 of the Federal Acquisition Regulation. 

8 (7) MILITARY DEPARTMENT.—The term ‘‘mili9 tary department’’ has the meaning given the term in 

10 section 101(a)(8) of title 10, United States Code. 

11 (8) MULTIPLE AWARD CONTRACT.—The term 

12 ‘‘multiple award contract’’ means— 

13 (A) a contract that is entered into by the 

14 Administrator of General Services under the 

15 multiple award schedule program referred to in 

16 section 3012(3) of title 10, United States Code; 

17 or 

18 (B) a multiple award task order contract 

19 that is entered into under the authority of title 

20 10 or title 41, United States Code. 

21 (9) SENIOR PROCUREMENT EXECUTIVE.—The 

22 term ‘‘senior procurement executive’’ has the mean23 ing given the term in section 1702(c) of title 41, 

24 United States Code. 


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1 (10) TRANSACTIONAL DATA.—The term ‘‘trans2 actional data’’ refers to order details, including unit 

3 price, quantity, and line item descriptions. 

4 SEC. 3. PILOT PROGRAM TO IMPROVE CONTRACTING OUT5 COMES. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Administrator for 

8 Federal Procurement Policy shall initiate a pilot program 

9 to improve contracting outcomes. 

10 (b) PURPOSE.—The purpose of the pilot program is 

11 to identify and assess innovative approaches for estab12 lishing and using outcome-oriented contracting metrics, 

13 and the potential to establish and use outcome-oriented 

14 contracting metrics at each Chief Financial Officer Act 

15 Agency and military department. 

16 (c) KEY ELEMENTS.—The pilot program initiated 

17 pursuant to subsection (a) shall— 

18 (1) comprise no less than three Chief Financial 

19 Officer Act Agencies, and at least one military de20 partment; 

21 (2) span a period of two years; 

22 (3) demonstrate how senior procurement execu23 tives can establish quantitative outcome-oriented 

24 contracting metrics and corresponding goals— 

25 (A) expressed on an annual basis; 


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1 (B) for each Head of Contracting Activity; 

2 and 

3 (C) representing, at a minimum— 

4 (i) cost avoidance or cost savings; 

5 (ii) timeliness of deliveries in terms of 

6 end users’ receipt of a product or the start 

7 of a service; 

8 (iii) quality of deliverables in terms of 

9 end users’ satisfaction with a delivered 

10 product or provided service; and 

11 (iv) end user satisfaction with the de12 gree and nature of collaboration between 

13 the end user and the relevant procurement 

14 officials; 

15 (4) illustrate how senior procurement executives 

16 can use the quantitative outcome-oriented con17 tracting metrics and goals required under paragraph 

18 (3) to— 

19 (A) assess the performance of procurement 

20 organizations on an ongoing basis; 

21 (B) identify and share leading practices 

22 that Heads of Contracting Activity and other 

23 procurement officials can use to achieve desired 

24 contracting outcomes; 


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1 (C) evaluate key factors affecting con2 tracting outcomes, including— 

3 (i) collaboration with key stake4 holders, particularly requirements genera5 tors, pre- and post-contract award; and 

6 (ii) contractor performance; and 

7 (5) assess the benefits and drawbacks of 

8 leveraging various data sources when establishing 

9 and using the outcome-oriented contracting metrics 

10 and goals required under paragraphs (3) and (4), re11 spectively, including, at a minimum— 

12 (A) data stored in the Contractor Perform13 ance Assessment Reporting System; and 

14 (B) transactional data for orders against 

15 multiple award contracts. 

16 (d) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed as precluding senior procurement 

18 executives from establishing or maintaining additional per19 formance metrics and goals, in particular metrics and 

20 goals for small business utilization. 

21 SEC. 4. OFFICE OF FEDERAL PROCUREMENT POLICY RE22 PORTING. 

23 (a) INTERIM REPORT.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of the enactment of this Act, the AdminisVerDate Sep 11 2014 01:06 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S4055.RS S4055

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1 trator for Federal Procurement Policy shall submit 

2 to the appropriate congressional committees and the 

3 Comptroller General of the United States an interim 

4 report on the pilot program required under section 

5 3. 

6 (2) PURPOSE.—The purpose of the interim re7 port shall be to identify how each of the senior pro8 curement executives participating in the pilot pro9 gram are meeting the requirements under section 

10 3(c). 

11 (3) KEY ELEMENTS.—The interim report shall 

12 identify, at a minimum— 

13 (A) each quantitative outcome-oriented 

14 contracting goal established pursuant to section 

15 3(c)(3), including— 

16 (i) a precise definition that includes 

17 the methodology and data used to measure 

18 actual performance against the goal; and 

19 (ii) the rationale for the goal; 

20 (B) illustrative examples of how each sen21 ior procurement executive has used quantitative 

22 outcome-oriented contracting metrics and goals 

23 to identify and share leading practices and key 

24 factors affecting contracting outcomes pursuant 

25 to section 3(c)(4); and 


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1 (C) data improvement initiatives, informed 

2 by the assessment required under section 

3 3(c)(5), including a plan of action and mile4 stones to improve the reliability of relevant 

5 data, including at a minimum— 

6 (i) data stored in the Contractor Per7 formance Assessment Reporting System; 

8 and 

9 (ii) transactional data for orders 

10 against multiple award contracts. 

11 (b) FINAL REPORT.— 

12 (1) IN GENERAL.—Not later than three years 

13 after the date of the enactment of this Act, the Ad14 ministrator for Federal Procurement Policy shall 

15 submit to the appropriate congressional committees 

16 and the Comptroller General of the United States a 

17 final report on the pilot program required under sec18 tion 3. 

19 (2) PURPOSE.—The purpose of the final report 

20 shall be to identify how each of the senior procure21 ment executives participating in the pilot program 

22 met the requirements under section 3(c), and assess 

23 the potential to establish and use outcome-oriented 

24 contracting metrics and goals at each Chief FinanVerDate Sep 11 2014 01:06 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S4055.RS S4055

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1 cial Officer Act Agency and military department in 

2 the future. 

3 (3) KEY ELEMENTS.—The final report shall 

4 identify, at a minimum— 

5 (A) any modifications to the outcome-ori6 ented metrics and goals established pursuant to 

7 section 3(c)(3) since the issuance of the interim 

8 report required under subsection (a), includ9 ing— 

10 (i) modifications to the definitions for 

11 the metrics and goals; and 

12 (ii) the rationale for any modifica13 tions; 

14 (B) examples of how each senior procure15 ment executive has used outcome-oriented con16 tracting metrics and goals to identify and share 

17 leading practices and key factors affecting con18 tracting outcomes pursuant to section 3(c)(4) 

19 during the preceding year; 

20 (C) a description of progress against the 

21 plan of action and milestones required under 

22 subsection (a)(3)(C), including qualitative de23 scriptions of significant challenges and limita24 tions hindering data improvement efforts; and 


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1 (D) observations from the Administrator 

2 for Federal Procurement Policy regarding the 

3 respective advantages and disadvantages of var4 ious approaches for establishing and using out5 come-oriented contracting metrics and goals. 

6 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE REPORT7 ING. 

8 Not later than 180 days after receiving the interim 

9 and final reports required under section 4, the Comptroller 

10 General of the United States shall provide the Comptroller 

11 General’s independent observations on the report to the 

12 appropriate congressional committees. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Improving Contracting 

15 Outcomes Act of 2024’’. 

16 SEC. 2. DEFINITIONS. 

17 In this Act: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional commit20 tees’’ means the Committee on Homeland Security 

21 and Governmental Affairs of the Senate and the Com22 mittee on Oversight and Accountability of the House 

23 of Representatives. 

24 (2) CHIEF FINANCIAL OFFICER ACT AGENCY.— 

25 The term ‘‘Chief Financial Officer Act Agency’’ 


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1 means an agency listed in section 901(b) of title 31, 

2 United States Code. 

3 (3) COST AVOIDANCE.—The term ‘‘cost avoid4 ance’’ refers to— 

5 (A) reductions in the need for increased 

6 funding if present management practices contin7 ued; 

8 (B) unfunded requirements that were avoid9 ed; and 

10 (C) productivity gains, such as reduction in 

11 required labor hours, reduction in contract du12 plication, and use of shared contract programs. 

13 (4) COST SAVINGS.—The term ‘‘cost savings’’ 

14 means reductions to budget lines or funded programs 

15 resulting from a new policy, process, or activity with 

16 no adverse impact on mission. 

17 (5) END USER.—The term ‘‘end user’’ means the 

18 internal stakeholder that uses the product or service 

19 procured. 

20 (6) HEAD OF CONTRACTING ACTIVITY.—The term 

21 ‘‘head of contracting activity’’ has the meaning given 

22 the term ‘‘head of the contracting activity’’ in section 

23 2.101 of the Federal Acquisition Regulation. 


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1 (7) MILITARY DEPARTMENT.—The term ‘‘mili2 tary department’’ has the meaning given the term in 

3 section 101(a)(8) of title 10, United States Code. 

4 (8) MULTIPLE AWARD CONTRACT.—The term 

5 ‘‘multiple award contract’’ means— 

6 (A) a contract that is entered into by the 

7 Administrator of General Services under the 

8 multiple award schedule program referred to in 

9 section 3012(3) of title 10, United States Code; 

10 or 

11 (B) a multiple award task order contract 

12 that is entered into under the authority of title 

13 10 or title 41, United States Code. 

14 (9) SENIOR PROCUREMENT EXECUTIVE.—The 

15 term ‘‘senior procurement executive’’ has the meaning 

16 given the term in section 1702(c) of title 41, United 

17 States Code. 

18 (10) TRANSACTIONAL DATA.—The term ‘‘trans19 actional data’’ refers to order details, including unit 

20 price, quantity, and line item descriptions. 

21 SEC. 3. PILOT PROGRAM TO IMPROVE CONTRACTING OUT22 COMES. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of the enactment of this Act, the Administrator for FedVerDate Sep 11 2014 01:06 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S4055.RS S4055

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1 eral Procurement Policy shall initiate a pilot program to 

2 improve contracting outcomes. 

3 (b) PURPOSE.—The purpose of the pilot program is 

4 to improve the effectiveness and efficiency of agency oper5 ations and to cut costs to the Federal Government by identi6 fying and assessing innovative approaches for establishing 

7 and using outcome-oriented contracting metrics, and the 

8 potential to establish and use outcome-oriented contracting 

9 metrics at each Chief Financial Officer Act Agency and 

10 military department. 

11 (c) KEY ELEMENTS.—The pilot program initiated 

12 pursuant to subsection (a) shall— 

13 (1) comprise no less than three Chief Financial 

14 Officer Act Agencies, and at least one military de15 partment; 

16 (2) span a period of two years; 

17 (3) demonstrate how senior procurement execu18 tives can establish quantitative outcome-oriented con19 tracting metrics and corresponding goals— 

20 (A) expressed on an annual basis; 

21 (B) for each Head of Contracting Activity; 

22 and 

23 (C) representing, at a minimum— 

24 (i) cost avoidance or cost savings; 


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1 (ii) timeliness of deliveries in terms of 

2 end users’ receipt of a product or the start 

3 of a service; 

4 (iii) quality of deliverables in terms of 

5 end users’ satisfaction with a delivered 

6 product or provided service; and 

7 (iv) end user satisfaction with the de8 gree and nature of collaboration between the 

9 end user and the relevant procurement offi10 cials; 

11 (4) illustrate how senior procurement executives 

12 can use the quantitative outcome-oriented contracting 

13 metrics and corresponding goals required under para14 graph (3) to— 

15 (A) assess the performance of procurement 

16 organizations on an ongoing basis; 

17 (B) identify and share leading practices 

18 that Heads of Contracting Activity and other 

19 procurement officials can use to achieve desired 

20 contracting outcomes; 

21 (C) evaluate key factors affecting con22 tracting outcomes, including— 

23 (i) collaboration with key stakeholders, 

24 particularly requirements generators, pre25 and post-contract award; and 


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1 (ii) contractor performance; and 

2 (5) assess the benefits and drawbacks of 

3 leveraging various data sources when establishing and 

4 using the outcome-oriented contracting metrics and 

5 corresponding goals required under paragraphs (3) 

6 and (4), respectively, including, at a minimum— 

7 (A) data stored in the Contractor Perform8 ance Assessment Reporting System; and 

9 (B) transactional data for orders against 

10 multiple award contracts. 

11 (d) RULE OF CONSTRUCTION.—Nothing in this section 

12 shall be construed as precluding senior procurement execu13 tives from establishing or maintaining additional perform14 ance metrics and goals, in particular metrics and goals for 

15 small business utilization. 

16 SEC. 4. OFFICE OF FEDERAL PROCUREMENT POLICY RE17 PORTING. 

18 (a) INTERIM REPORT.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of the enactment of this Act, the Adminis21 trator for Federal Procurement Policy shall submit to 

22 the appropriate congressional committees and the 

23 Comptroller General of the United States an interim 

24 report on the pilot program required under section 3. 


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1 (2) PURPOSE.—The purpose of the interim re2 port shall be to identify how each of the senior pro3 curement executives participating in the pilot pro4 gram are meeting the requirements under section 3(c). 

5 (3) KEY ELEMENTS.—The interim report shall 

6 identify, at a minimum— 

7 (A) each quantitative outcome-oriented con8 tracting goal established pursuant to section 

9 3(c)(3), including— 

10 (i) a precise definition that includes 

11 the methodology and data used to measure 

12 actual performance against the goal; and 

13 (ii) the rationale for the goal; 

14 (B) illustrative examples of how each senior 

15 procurement executive has used quantitative out16 come-oriented contracting metrics and cor17 responding goals to identify and share leading 

18 practices and key factors affecting contracting 

19 outcomes pursuant to section 3(c)(4); and 

20 (C) data improvement initiatives, informed 

21 by the assessment required under section 3(c)(5), 

22 including a plan of action and milestones to im23 prove the reliability of relevant data, including 

24 at a minimum— 


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1 (i) data stored in the Contractor Per2 formance Assessment Reporting System; 

3 and 

4 (ii) transactional data for orders 

5 against multiple award contracts. 

6 (b) FINAL REPORT.— 

7 (1) IN GENERAL.—Not later than three years 

8 after the date of the enactment of this Act, the Admin9 istrator for Federal Procurement Policy shall submit 

10 to the appropriate congressional committees and the 

11 Comptroller General of the United States a final re12 port on the pilot program required under section 3. 

13 (2) PURPOSE.—The purpose of the final report 

14 shall be to identify how each of the senior procure15 ment executives participating in the pilot program 

16 met the requirements under section 3(c), and assess 

17 the potential to establish and use outcome-oriented 

18 contracting metrics and goals at each Chief Financial 

19 Officer Act Agency and military department in the 

20 future. 

21 (3) KEY ELEMENTS.—The final report shall 

22 identify, at a minimum— 

23 (A) any modifications to the outcome-ori24 ented metrics and corresponding goals estab25 lished pursuant to section 3(c)(3) since the 


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1 issuance of the interim report required under 

2 subsection (a), including— 

3 (i) modifications to the definitions for 

4 the metrics and goals; and 

5 (ii) the rationale for any modifica6 tions; 

7 (B) examples of how each senior procure8 ment executive has used outcome-oriented con9 tracting metrics and corresponding goals to iden10 tify and share leading practices and key factors 

11 affecting contracting outcomes pursuant to sec12 tion 3(c)(4) during the preceding year; 

13 (C) a description of progress against the 

14 plan of action and milestones required under 

15 subsection (a)(3)(C), including qualitative de16 scriptions of significant challenges and limita17 tions hindering data improvement efforts; and 

18 (D) observations from the Administrator for 

19 Federal Procurement Policy regarding the re20 spective advantages and disadvantages of various 

21 approaches for establishing and using outcome22 oriented contracting metrics and goals. 


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1 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE REPORT2 ING. 

3 Not later than 180 days after receiving the interim 

4 and final reports required under section 4, the Comptroller 

5 General of the United States shall provide the Comptroller 

6 General’s independent observations on the report to the ap7 propriate congressional committees. 

8 SEC. 6. SUNSET. 

9 This Act shall cease to have effect on the date that is 

10 3 years and 6 months after the date of enactment of this 

11 Act. 


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Calendar No. 677 

118TH CONGRESS 

2D SESSION S. 4055 

[Report No. 118–274] 

A BILL 

To provide for a pilot program to improve 

contracting outcomes, and for other purposes. 

DECEMBER 9, 2024 

Reported with an amendment 


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