II 

118TH CONGRESS 

2D SESSION S. 4055 

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 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Homeland SecuVerDate Sep 11 2014 19:34 Apr 08, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4055.IS S4055

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1 rity and Governmental Affairs of the Senate and the 

2 Committee on Oversight and Accountability of the 

3 House of Representatives. 

4 (2) CHIEF FINANCIAL OFFICER ACT AGENCY.— 

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

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

7 United States Code. 

8 (3) COST AVOIDANCE.—The term ‘‘cost avoid9 ance’’ refers to— 

10 (A) reductions in the need for increased 

11 funding if present management practices con12 tinued; 

13 (B) unfunded requirements that were 

14 avoided; and 

15 (C) productivity gains, such as reduction in 

16 required labor hours, reduction in contract du17 plication, and use of shared contract programs. 

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

19 means reductions to budget lines or funded pro20 grams resulting from a new policy, process, or activ21 ity with no adverse impact on mission. 

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

23 the internal stakeholder that uses the product or 

24 service procured. 


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1 (6) HEAD OF CONTRACTING ACTIVITY.—The 

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

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

4 section 2.101 of the Federal Acquisition Regulation. 

5 (7) MILITARY DEPARTMENT.—The term ‘‘mili6 tary department’’ has the meaning given the term in 

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

8 (8) MULTIPLE AWARD CONTRACT.—The term 

9 ‘‘multiple award contract’’ means— 

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

11 Administrator of General Services under the 

12 multiple award schedule program referred to in 

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

14 or 

15 (B) a multiple award task order contract 

16 that is entered into under the authority of title 

17 10 or title 41, United States Code. 

18 (9) SENIOR PROCUREMENT EXECUTIVE.—The 

19 term ‘‘senior procurement executive’’ has the mean20 ing given the term in section 1702(c) of title 41, 

21 United States Code. 

22 (10) TRANSACTIONAL DATA.—The term ‘‘trans23 actional data’’ refers to order details, including unit 

24 price, quantity, and line item descriptions. 


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1 SEC. 3. PILOT PROGRAM TO IMPROVE CONTRACTING OUT2 COMES. 

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

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

5 Federal Procurement Policy shall initiate a pilot program 

6 to improve contracting outcomes. 

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

8 to identify and assess innovative approaches for estab9 lishing and using outcome-oriented contracting metrics, 

10 and the potential to establish and use outcome-oriented 

11 contracting metrics at each Chief Financial Officer Act 

12 Agency and military department. 

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

14 pursuant to subsection (a) shall— 

15 (1) comprise no less than three Chief Financial 

16 Officer Act Agencies, and at least one military de17 partment; 

18 (2) span a period of two years; 

19 (3) demonstrate how senior procurement execu20 tives can establish quantitative outcome-oriented 

21 contracting metrics and corresponding goals— 

22 (A) expressed on an annual basis; 

23 (B) for each Head of Contracting Activity; 

24 and 

25 (C) representing, at a minimum— 

26 (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 

9 the end user and the relevant procurement 

10 officials; 

11 (4) illustrate how senior procurement executives 

12 can use the quantitative outcome-oriented con13 tracting metrics and goals required under paragraph 

14 (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 stake24 holders, particularly requirements genera25 tors, pre- 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 

4 and using the outcome-oriented contracting metrics 

5 and goals required under paragraphs (3) and (4), re6 spectively, 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 sec12 tion shall be construed as precluding senior procurement 

13 executives from establishing or maintaining additional per14 formance metrics and goals, in particular metrics and 

15 goals for 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 

22 to the appropriate congressional committees and the 

23 Comptroller General of the United States an interim 

24 report on the pilot program required under section 

25 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 

5 3(c). 

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

7 identify, at a minimum— 

8 (A) each quantitative outcome-oriented 

9 contracting goal established pursuant to section 

10 3(c)(3), including— 

11 (i) a precise definition that includes 

12 the methodology and data used to measure 

13 actual performance against the goal; and 

14 (ii) the rationale for the goal; 

15 (B) illustrative examples of how each sen16 ior procurement executive has used quantitative 

17 outcome-oriented contracting metrics and goals 

18 to identify and share leading practices and key 

19 factors affecting contracting outcomes pursuant 

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

21 (C) data improvement initiatives, informed 

22 by the assessment required under section 

23 3(c)(5), including a plan of action and mile24 stones to improve the reliability of relevant 

25 data, including 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 Ad9 ministrator for Federal Procurement Policy shall 

10 submit to the appropriate congressional committees 

11 and the Comptroller General of the United States a 

12 final report on the pilot program required under sec13 tion 3. 

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

15 shall be to identify how each of the senior procure16 ment executives participating in the pilot program 

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

18 the potential to establish and use outcome-oriented 

19 contracting metrics and goals at each Chief Finan20 cial Officer Act Agency and military department in 

21 the future. 

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

23 identify, at a minimum— 

24 (A) any modifications to the outcome-ori25 ented metrics and goals established pursuant to 


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

2 report required under subsection (a), includ3 ing— 

4 (i) modifications to the definitions for 

5 the metrics and goals; and 

6 (ii) the rationale for any modifica7 tions; 

8 (B) examples of how each senior procure9 ment executive has used outcome-oriented con10 tracting metrics and goals to identify and share 

11 leading practices and key factors affecting con12 tracting outcomes pursuant to section 3(c)(4) 

13 during the preceding year; 

14 (C) a description of progress against the 

15 plan of action and milestones required under 

16 subsection (a)(3)(C), including qualitative de17 scriptions of significant challenges and limita18 tions hindering data improvement efforts; and 

19 (D) observations from the Administrator 

20 for Federal Procurement Policy regarding the 

21 respective advantages and disadvantages of var22 ious approaches for establishing and using out23 come-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 

7 appropriate congressional committees. 

Æ 


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