II 

110TH CONGRESS 

1ST SESSION S. 680 

To ensure proper oversight and accountability in Federal contracting, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2007 

Ms. COLLINS (for herself, Mr. LIEBERMAN, Mr. COLEMAN, Mr. CARPER, and 

Mrs. MCCASKILL) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To ensure proper oversight and accountability in Federal 

contracting, 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 ‘‘Accountability in Gov5 ernment Contracting Act of 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—CONTRACTING AND ACQUISITION REFORM 


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Subtitle A—Acquisition Workforce 

Sec. 101. Federal acquisition workforce. 

Subtitle B—Competition and Accountability 

Sec. 111. Competition in multiple award contracts. 

Sec. 112. Statement of work requirements for certain task or delivery orders. 

Sec. 113. Postaward briefings for task and delivery orders. 

Sec. 114. Protests of task and delivery orders. 

Sec. 115. Publication of justification and approval documents. 

Sec. 116. Limitation on length of certain noncompetitive contracts. 

Sec. 117. Prohibition on award of certain large task or delivery order contracts 

for services. 

Sec. 118. Guidance on use of tiered evaluations of offers for contracts and task 

orders under contracts. 

Sec. 119. Plan for minimizing cost-reimbursement contracts. 

Subtitle C—Accountability and Administration 

Sec. 121. Recording of obligations on task order contracts. 

Sec. 122. Definitizing of letter contracts. 

Sec. 123. Preventing abuse of interagency contracts. 

Sec. 124. Purchase card waste elimination. 

Sec. 125. Lead systems integrators. 

Sec. 126. Limitations on tiering of subcontractors. 

Sec. 127. Reform of Afghanistan assistance programs. 

Sec. 128. Debarment of contractors that are serious threats to national security. 

Sec. 129. Required assignment of level one certified program managers to Department of Homeland Security level one programs. 

Sec. 130. Elimination of one-year limitation on interest due on late payments 

to contractors. 

TITLE II—INSPECTORS GENERAL REFORMS 

Sec. 201. Prohibition of cash bonus or awards. 

Sec. 202. Inspectors General at level III of executive schedule. 

Sec. 203. Qualifications of Inspectors General for designated Federal entities. 

Sec. 204. Removal of Inspectors General for designated Federal entities. 

Sec. 205. Subpoena power. 

Sec. 206. Program Fraud Civil Remedies Act. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘executive agency’’ has the mean4 ing given such term in section 4 of the Office of 

5 Federal Procurement Policy Act (41 U.S.C. 403). 

6 (2) The term ‘‘interagency acquisition’’ means 

7 a procedure by which an executive agency needing 


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1 supplies or services (the requesting agency) obtains 

2 them from another executive agency (the servicing 

3 agency). The term includes acquisitions under sec4 tion 1535 of title 31, United States Code (commonly 

5 referred to as the ‘‘Economy Act’’), Federal Supply 

6 Schedules, and governmentwide acquisition con7 tracts. 

8 (3) The term ‘‘micro-purchase’’ means a pur9 chase in an amount not in excess of the micro-pur10 chase threshold, as defined in section 32 of the Of11 fice of Federal Procurement Policy Act (41 U.S.C. 

12 428). 

13 (4) The term ‘‘multiple award contract’’ 

14 means— 

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

16 Administrator of General Services under the 

17 multiple award schedule program referred to in 

18 section 309(b)(3) of the Federal Property and 

19 Administrative Services Act of 1949 (41 U.S.C. 

20 259(b)(3)); 

21 (B) a multiple award task order contract 

22 that is entered into under the authority of sec23 tions 2304a through 2304d of title 10, United 

24 States Code, or sections 303H through 303K of 

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1 ices Act of 1949 (41 U.S.C. 253h through 

2 253k); and 

3 (C) any other indefinite delivery, indefinite 

4 quantity contract that is entered into by the 

5 head of an executive agency with 2 or more 

6 sources pursuant to the same solicitation. 

7 TITLE I—CONTRACTING AND 

8 ACQUISITION REFORM 

9 Subtitle A—Acquisition Workforce 

10 SEC. 101. FEDERAL ACQUISITION WORKFORCE. 

11 (a) ASSISTANT ADMINISTRATOR FOR ACQUISITION

12 WORKFORCE PROGRAMS.—Section 6 of the Office of Fed13 eral Procurement Policy Act (41 U.S.C. 405) is amended 

14 by adding at the end the following new subsection: 

15 ‘‘(l) The Administrator shall designate a member of 

16 the Senior Executive Service as the Assistant Adminis17 trator for Workforce Programs. The Assistant Adminis18 trator shall be responsible for— 

19 ‘‘(1) supervising the acquisition workforce 

20 training fund established under section 37(h)(3); 

21 ‘‘(2) administering the governmentwide acquisi22 tion intern program established under section 43; 

23 ‘‘(3) developing, in coordination with Chief Ac24 quisition Officers and Chief Human Capital Officers, 


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1 a human capital strategic plan for the acquisition 

2 workforce of the Federal Government; 

3 ‘‘(4) recommending to the Administrator and 

4 other senior government officials appropriate pro5 grams, policies, and practices to increase the quan6 tity and quality of the Federal acquisition workforce; 

7 and 

8 ‘‘(5) carrying out such other functions as the 

9 Administrator may assign.’’. 

10 (b) GOVERNMENTWIDE ACQUISITION INTERN PRO11 GRAM.—The Office of Federal Procurement Policy Act 

12 (41 U.S.C. 403 et seq.) is amended by adding at the end 

13 the following new section: 

14 ‘‘SEC. 43. GOVERNMENTWIDE ACQUISITION INTERN PRO15 GRAM. 

16 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis17 trator shall establish a governmentwide acquisition intern 

18 program (in this section referred to as the ‘program’) to 

19 strengthen the Federal acquisition workforce to carry out 

20 its key missions through the Federal procurement process, 

21 with an annual goal of involving as many as 200 college 

22 graduates per year in the program. 

23 ‘‘(b) ADMINISTRATION OF PROGRAM.—The Assistant 

24 Administrator for Acquisition Workforce Programs des25 ignated under section 6(l) shall be responsible for the 


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1 management, oversight, and administration of the pro2 gram and shall give strong consideration to existing simi3 lar programs and seek to build upon those programs in4 stead of replacing them. 

5 ‘‘(c) BUSINESS-RELATED COURSE WORK REQUIRE6 MENT.— 

7 ‘‘(1) IN GENERAL.—Each participant in the 

8 program shall have completed 24 credit hours of 

9 business-related college course work by not later 

10 than 3 years after admission into the program. 

11 ‘‘(2) CERTIFICATION CRITERIA.—The Adminis12 trator shall establish criteria for certifying the com13 pletion of the course work requirement under para14 graph (1). 

15 ‘‘(d) STRUCTURE OF PROGRAM.—The program shall 

16 consist of one year of preparatory education and training 

17 in Federal procurement followed by 3 years of on-the-job 

18 training and development focused on Federal procurement 

19 but including rotational assignments in other functional 

20 areas. 

21 ‘‘(e) EMPLOYMENT STATUS OF INTERNS.—Interns 

22 participating in the program shall be considered proba23 tionary employees without civil service protections under 

24 chapter 33 of title 5, United States Code. In administering 

25 any personnel ceiling applicable to an executive agency or 


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1 a unit of an executive agency, an individual assigned as 

2 an intern under the program shall not be counted. 

3 ‘‘(f) AGENCY MANAGEMENT OF PROGRAM.—The 

4 Chief Acquisition Officer of each executive agency, in con5 sultation with the Chief Human Capital Officer of such 

6 agency, shall establish a central intern management func7 tion in the agency to supervise and manage interns partici8 pating in the program.’’. 

9 (c) ACQUISITION FELLOWSHIP PROGRAM.— 

10 (1) IN GENERAL.—The Director of the Office of 

11 Personnel Management shall establish an Acquisi12 tion Fellowship Program that provides funding for 

13 tuition, room and board, and a stipend for out14 standing students and professionals who make a 

15 commitment to serve in the acquisition and con16 tracting fields of the Federal Government for a pe17 riod of 3 years. 

18 (2) SERVICE AGREEMENTS.—The providing of 

19 funding under this section shall be contingent upon 

20 an individual entering into a written agreement to 

21 complete 3 years of service in the acquisition and 

22 contracting fields. 

23 (3) REPAYMENT REQUIREMENT.—Candidates 

24 who do not successfully complete the program, or do 

25 not fulfill the Federal work requirements in such 


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1 fields, shall be obligated to reimburse the funds pro2 vided. 

3 (d) GOVERNMENT-INDUSTRY EXCHANGE PRO4 GRAM.—The Office of Federal Procurement Policy Act 

5 (41 U.S.C. 403 et seq.), as amended by subsection (b), 

6 is further amended by adding at the end the following new 

7 section: 

8 ‘‘SEC. 44. GOVERNMENT-INDUSTRY EXCHANGE PROGRAM. 

9 ‘‘(a) IN GENERAL.—The Administrator shall, in co10 ordination with the Director of the Office of Personnel 

11 Management, establish a Federal Government-industry ex12 change program for acquisition professionals that includes 

13 exceptional Government contracting officers. 

14 ‘‘(b) WORKFORCE DEVELOPMENT.— 

15 ‘‘(1) IN GENERAL.—In implementing the pro16 gram established under subsection (a), the Adminis17 trator shall— 

18 ‘‘(A) analyze, on an ongoing basis, the per19 sonnel needs of the Federal Government related 

20 to acquisition and contracting; 

21 ‘‘(B) identify where current acquisition 

22 and contracting training do not satisfy the per23 sonnel needs described in subparagraph (A); 

24 ‘‘(C) oversee the development of curricula, 

25 training methods, and training priorities that 


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1 correspond to the projected personnel needs of 

2 the Federal Government related to acquisition 

3 and contracting; and 

4 ‘‘(D) assess the training of Federal em5 ployees in acquisition and contracting dis6 ciplines in order to ensure that the acquisition 

7 and contracting needs of the Federal Govern8 ment are addressed. 

9 ‘‘(2) ACQUISITION AND CONTRACTING TRAINING

10 PROGRAMS.—The head of each executive agency, 

11 after consultation with the Administrator, shall es12 tablish and operate acquisition and contracting 

13 training programs consistent with the requirements 

14 of this subsection. Such programs shall— 

15 ‘‘(A) have curricula covering a broad range 

16 of acquisition and contracting disciplines cor17 responding to the specific acquisition and con18 tracting needs of the agency involved; 

19 ‘‘(B) be developed and applied according to 

20 rigorous standards; and 

21 ‘‘(C) be designed to maximize efficiency, 

22 through the use of self-paced courses, online 

23 courses, on-the-job training, and the use of re24 mote instructors, wherever such features can be 

25 applied without reducing the effectiveness of the 


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1 training or negatively impacting academic 

2 standards. 

3 ‘‘(3) GOVERNMENTWIDE POLICIES AND EVAL4 UATION.—The Administrator, in coordination with 

5 the Director of the Office of Management and Budg6 et, shall issue policies to promote the development of 

7 performance standards for training and uniform im8 plementation of this subsection by executive agen9 cies, with due regard for differences in program re10 quirements among agencies that may be appropriate 

11 and warranted in view of the agency mission. The 

12 Administrator shall evaluate the implementation of 

13 the provisions of this subsection by executive agen14 cies. 

15 ‘‘(4) CHIEF ACQUISITION OFFICER AUTHORI16 TIES AND RESPONSIBILITIES.—Subject to the au17 thority, direction, and control of the head of an exec18 utive agency, the Chief Acquisition Officer of such 

19 agency shall carry out all powers, functions, and du20 ties of the head of the agency with respect to imple21 mentation of this subsection. The Chief Acquisition 

22 Officer shall ensure that the policies of the agency 

23 head established in accordance with this subsection 

24 are implemented throughout the agency. 


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1 ‘‘(5) ACQUISITION AND CONTRACTING TRAINING

2 REPORTING.—The Administrator shall ensure that 

3 the heads of executive agencies collect and maintain 

4 standardized information on the acquisition and con5 tracting workforce related to the implementation of 

6 this subsection. 

7 ‘‘(6) AUTHORITY TO DETAIL EMPLOYEES TO

8 NON-FEDERAL EMPLOYERS.—In carrying out the 

9 preceding provisions of this subsection, the Adminis10 trator may provide for a program under which a 

11 Federal employee may be detailed to a non-Federal 

12 employer. The Administrator shall prescribe regula13 tions for such program, including— 

14 ‘‘(A) the conditions for service and duties 

15 as the Administrator considers necessary; and 

16 ‘‘(B) safeguards to avoid conflicts of inter17 est involving Federal employees who have been 

18 detailed to non-Federal employers. 

19 ‘‘(7) COORDINATION PROVISION.—An assign20 ment described in section 3703 of title 5, United 

21 States Code, may not be made unless a program 

22 under paragraph (6) is established, and the assign23 ment is made in accordance with the requirements 

24 of such program. 


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1 ‘‘(8) EMPLOYEE PARTICIPATION.—Subject to 

2 acquisition and contracting needs and the limitations 

3 imposed by resource needs in other occupational 

4 areas, and consistent with their overall workforce de5 velopment strategies, agencies shall encourage em6 ployees to participate in occupational acquisition and 

7 contracting training. 

8 ‘‘(c) PARTICIPATION OF SMALL BUSINESSES.—In 

9 implementing the program, the Administrator shall make 

10 every effort to ensure that at least 20 percent of the as11 signments be made with small businesses. 

12 ‘‘(d) REPORT.—Not later than 3 years after the date 

13 of the enactment of the Accountability in Government 

14 Contracting Act of 2007, the Administrator, in consulta15 tion with the Director of the Office of Personnel Manage16 ment, shall submit a report to Congress on the implemen17 tation of the exchange program, including any rec18 ommendations for statutory changes to enhance the utili19 zation of the program and enhance its benefits.’’. 

20 (e) ACQUISITION WORKFORCE HUMAN CAPITAL

21 STRATEGIC PLAN.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of this Act, each Chief Ac24 quisition Officer for an executive agency appointed 

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1 curement Policy Act (41 U.S.C. 414) shall develop, 

2 in consultation with the Chief Human Capital Offi3 cer for the agency and the Assistant Administrator 

4 for Acquisition Workforce Programs, a strategic 

5 human capital plan for the recruitment, develop6 ment, and retention of the agency’s acquisition 

7 workforce, with a particular focus on warranted con8 tracting officers of the agency. 

9 (2) CONTENT OF PLAN.—The acquisition work10 force human capital plan shall address— 

11 (A) support for and recruitment of per12 sonnel from procurement intern programs; 

13 (B) development of the agency’s acquisi14 tion workforce, including training needs; 

15 (C) development of strategies to retain 

16 high performing acquisition professionals who 

17 possess critical relevant skills; 

18 (D) support for and recruitment of per19 sonnel from the Federal Career Intern Pro20 gram; and 

21 (E) support for and recruitment of per22 sonnel from the Presidential Management Fel23 lows Program. 


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1 Subtitle B—Competition and 

2 Accountability 

3 SEC. 111. COMPETITION IN MULTIPLE AWARD CONTRACTS. 

4 (a) CIVILIAN AGENCY CONTRACTS.— 

5 (1) COMPETITION REQUIREMENT.—Subsection 

6 (b) of section 303J of the Federal Property and Ad7 ministrative Services Act of 1949 (41 U.S.C. 

8 253j(b)) is amended— 

9 (A) by redesignating paragraphs (1) 

10 through (4) as subparagraphs (A) through (D), 

11 respectively; 

12 (B) by striking ‘‘CONTRACTS.—When’’ and 

13 inserting the following: ‘‘CONTRACTS.— 

14 ‘‘(1) TASK OR DELIVERY ORDERS IN EXCESS OF

15 $2,500.—When’’; 

16 (C) by moving each of subparagraphs (A) 

17 through (D) (as redesignated by subparagraph 

18 (A)) 2 ems to the right; and 

19 (D) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) TASK OR DELIVERY ORDERS IN EXCESS OF

22 THE SIMPLIFIED ACQUISITION THRESHOLD.— 

23 ‘‘(A) IN GENERAL.—Any award that is 

24 made under a task or delivery order contract 

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1 quisition threshold (as defined by section 4 of 

2 the Office of Federal Procurement Policy Act 

3 (41 U.S.C. 403)) shall be made on a competi4 tive basis unless a contracting officer of the ex5 ecutive agency— 

6 ‘‘(i) waives the requirement on the 

7 basis of a determination that— 

8 ‘‘(I) one of the circumstances de9 scribed in subparagraphs (A) through 

10 (D) of paragraph (1) applies to such 

11 individual purchase; or 

12 ‘‘(II) a statute expressly author13 izes or requires that the purchase be 

14 made from a specified source; and 

15 ‘‘(ii) justifies the determination in 

16 writing. 

17 ‘‘(B) COMPETITIVE BASIS DEFINED.—For 

18 purposes of this paragraph, an individual pur19 chase of goods or services is made on a com20 petitive basis only if it is made pursuant to pro21 cedures that— 

22 ‘‘(i) require fair notice of the intent to 

23 make that purchase (including a descrip24 tion of the work to be performed and the 

25 basis on which the selection will be made) 


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1 to be provided to all contractors offering 

2 such goods or services under the multiple 

3 award contract; and 

4 ‘‘(ii) afford all contractors responding 

5 to the notice a fair opportunity to make an 

6 offer and have that offer fairly considered 

7 by the official making the purchase. 

8 ‘‘(C) EXCEPTION TO NOTICE REQUIRE9 MENT.—Notwithstanding subparagraph (B), 

10 notice may be provided to fewer than all con11 tractors offering such goods or services under a 

12 multiple award contract if notice is provided to 

13 as many contractors as practicable. 

14 ‘‘(D) LIMITATION TO EXCEPTION.—A pur15 chase may not be made pursuant to a notice 

16 that is provided to fewer than all contractors 

17 under subparagraph (C) unless— 

18 ‘‘(i) offers were received from at least 

19 3 qualified contractors; or 

20 ‘‘(ii) a contracting officer of the exec21 utive agency determines in writing that no 

22 additional qualified contractors were able 

23 to be identified despite reasonable efforts 

24 to do so. 


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1 ‘‘(E) INDIVIDUAL PURCHASE DEFINED.— 

2 For purposes of this paragraph, the term ‘indi3 vidual purchase’ means a task order, delivery 

4 order, or other purchase.’’. 

5 (2) NOTICE REQUIREMENTS.—Such section is 

6 further amended— 

7 (A) by redesignating subsection (f) as sub8 section (g); and 

9 (B) by inserting after subsection (e) the 

10 following new subsection: 

11 ‘‘(f) NOTICE REQUIREMENTS RELATED TO SOLE

12 SOURCE TASK OR DELIVERY ORDERS.—The head of each 

13 executive agency shall— 

14 ‘‘(1) publish on FedBizOpps notice of all sole 

15 source task or delivery orders in excess of the sim16 plified acquisition threshold (as defined by section 4 

17 of the Office of Federal Procurement Policy Act (41 

18 U.S.C. 403)) that are placed against multiple award 

19 contracts or multiple award blanket purchase agree20 ments not later than 10 days after such orders are 

21 placed, except in the event of extraordinary cir22 cumstances or classified orders; and 

23 ‘‘(2) publish on the Internet website of the ex24 ecutive agency and through the Federal Procure25 ment Data System the justification and approval 


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1 documents related to sole source task or delivery or2 ders placed against multiple award contracts or mul3 tiple award blank purchase agreements not later 

4 than 14 days after such orders are placed.’’. 

5 (b) DEFENSE CONTRACTS.— 

6 (1) COMPETITION REQUIREMENT.—Subsection 

7 (b) of section 2304c of title 10, United States Code, 

8 is amended— 

9 (A) by redesignating paragraphs (1) 

10 through (4) as subparagraphs (A) through (D), 

11 respectively; 

12 (B) by striking ‘‘CONTRACTS.—When’’ and 

13 inserting the following: ‘‘CONTRACTS.— 

14 ‘‘(1) TASK OR DELIVERY ORDERS IN EXCESS OF

15 $2,500.—When’’; 

16 (C) by moving each of subparagraphs (A) 

17 through (D) (as redesignated by subparagraph 

18 (A)) 2 ems to the right; and 

19 (D) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) TASK OR DELIVERY ORDERS IN EXCESS OF

22 THE SIMPLIFIED ACQUISITION THRESHOLD.— 

23 ‘‘(A) IN GENERAL.—Any award that is 

24 made under a task or delivery order contract 

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1 quisition threshold (as defined by section 4 of 

2 the Office of Federal Procurement Policy Act 

3 (41 U.S.C. 403)) shall be made on a competi4 tive basis unless a contracting officer of the 

5 agency— 

6 ‘‘(i) waives the requirement on the 

7 basis of a determination that— 

8 ‘‘(I) one of the circumstances de9 scribed in subparagraphs (A) through 

10 (D) of paragraph (1) applies to such 

11 individual purchase; or 

12 ‘‘(II) a statute expressly author13 izes or requires that the purchase be 

14 made from a specified source; and 

15 ‘‘(ii) justifies the determination in 

16 writing. 

17 ‘‘(B) COMPETITIVE BASIS DEFINED.—For 

18 purposes of this paragraph, an individual pur19 chase of goods or services is made on a com20 petitive basis only if it is made pursuant to pro21 cedures that— 

22 ‘‘(i) require fair notice of the intent to 

23 make that purchase (including a descrip24 tion of the work to be performed and the 

25 basis on which the selection will be made) 


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1 to be provided to all contractors offering 

2 such goods or services under the multiple 

3 award contract; and 

4 ‘‘(ii) afford all contractors responding 

5 to the notice a fair opportunity to make an 

6 offer and have that offer fairly considered 

7 by the official making the purchase. 

8 ‘‘(C) EXCEPTION TO NOTICE REQUIRE9 MENT.—Notwithstanding subparagraph (B), 

10 notice may be provided to fewer than all con11 tractors offering such goods or services under a 

12 multiple award contract if notice is provided to 

13 as many contractors as practicable. 

14 ‘‘(D) LIMITATION TO EXCEPTION.—A pur15 chase may not be made pursuant to a notice 

16 that is provided to fewer than all contractors 

17 under subparagraph (C) unless— 

18 ‘‘(i) offers were received from at least 

19 3 qualified contractors; or 

20 ‘‘(ii) a contracting officer of the agen21 cy determines in writing that no additional 

22 qualified contractors were able to be identi23 fied despite reasonable efforts to do so. 

24 ‘‘(E) INDIVIDUAL PURCHASE DEFINED.— 

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1 vidual purchase’ means a task order, delivery 

2 order, or other purchase.’’. 

3 (2) NOTICE REQUIREMENTS.—Such section is 

4 further amended— 

5 (A) by redesignating subsection (f) as sub6 section (g); and 

7 (B) by inserting after subsection (e) the 

8 following new subsection: 

9 ‘‘(f) NOTICE REQUIREMENTS RELATED TO SOLE

10 SOURCE TASK OR DELIVERY ORDERS.—The head of each 

11 agency shall— 

12 ‘‘(1) publish on FedBizOpps notice of all sole 

13 source task or delivery orders in excess of the sim14 plified acquisition threshold (as defined by section 4 

15 of the Office of Federal Procurement Policy Act (41 

16 U.S.C. 403)) that are placed against multiple award 

17 contracts or multiple award blanket purchase agree18 ments not later than 10 days after such orders are 

19 placed, except in the event of extraordinary cir20 cumstances or classified orders; and 

21 ‘‘(2) publish on the Internet website of the 

22 agency and through the Federal Procurement Data 

23 System the justification and approval documents re24 lated to sole source task or delivery orders placed 

25 against multiple award contracts or multiple award 


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1 blank purchase agreements not later than 14 days 

2 after such orders are placed.’’. 

3 SEC. 112. STATEMENT OF WORK REQUIREMENTS FOR CER4 TAIN TASK OR DELIVERY ORDERS. 

5 (a) CIVILIAN CONTRACTS.—Section 303J(c) of the 

6 Federal Property and Administrative Services Act of 1949 

7 (41 U.S.C. 253j(c)) is amended to read as follows: 

8 ‘‘(c) STATEMENT OF WORK AND SELECTION

9 BASIS.— 

10 ‘‘(1) IN GENERAL.—A task or delivery order 

11 shall include a statement of work that clearly speci12 fies all tasks to be performed or property to be deliv13 ered under the order. 

14 ‘‘(2) TASK OR DELIVERY ORDERS IN EXCESS OF

15 $5,000,000.—The statement of work for a task or de16 livery order in excess of $5,000,000 under a task or 

17 delivery order contract shall be made available to 

18 each contractor awarded such contract and shall— 

19 ‘‘(A) include a clear statement of the exec20 utive agency’s requirements; 

21 ‘‘(B) permit a reasonable response period; 

22 ‘‘(C) disclose the significant factors and 

23 sub-factors that the executive agency expects to 

24 consider in evaluating proposals, including cost, 


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1 price, and the relative importance of those and 

2 other factors; 

3 ‘‘(D) in the case of an award that is to be 

4 made on a best value basis, include a written 

5 statement documenting the basis for the award 

6 and the relative importance of quality and price 

7 or cost factors; and 

8 ‘‘(E) state that the technical requirements 

9 applicable to source selection in competitive ne10 gotiated acquisitions shall not apply.’’. 

11 (b) DEFENSE CONTRACTS.—Section 2304c(c) of title 

12 10, United States Code, is amended to read as follows: 

13 ‘‘(c) STATEMENT OF WORK AND SELECTION

14 BASIS.— 

15 ‘‘(1) IN GENERAL.—A task or delivery order 

16 shall include a statement of work that clearly speci17 fies all tasks to be performed or property to be deliv18 ered under the order. 

19 ‘‘(2) TASK OR DELIVERY ORDERS IN EXCESS OF

20 $5,000,000.—The statement of work for a task or de21 livery order in excess of $5,000,000 under a task or 

22 delivery order contract shall be made available to 

23 each contractor awarded such contract and shall— 

24 ‘‘(A) include a clear statement of the agen25 cy’s requirements; 


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1 ‘‘(B) permit a reasonable response period; 

2 ‘‘(C) disclose the significant factors and 

3 sub-factors that the agency expects to consider 

4 in evaluating proposals, including cost, price, 

5 and the relative importance of those and other 

6 factors; 

7 ‘‘(D) in the case of an award that is to be 

8 made on a best value basis, include a written 

9 statement documenting the basis for the award 

10 and the relative importance of quality and price 

11 or cost factors; and 

12 ‘‘(E) state that the technical requirements 

13 applicable to source selection in competitive ne14 gotiated acquisitions shall not apply.’’. 

15 SEC. 113. POSTAWARD BRIEFINGS FOR TASK AND DELIV16 ERY ORDERS. 

17 (a) CIVILIAN AGENCY CONTRACTS.—The Federal 

18 Property and Administrative Services Act of 1949 (41 

19 U.S.C. 251 et seq.) is amended by inserting after section 

20 303J the following new section: 

21 ‘‘SEC. 303J—1. TASK AND DELIVERY ORDER: POSTAWARD 

22 BRIEFINGS. 

23 ‘‘The head of an executive agency awarding a task 

24 or delivery order valued at over $5,000,000 under a mul25 tiple award contract shall provide to each offeror not 


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1 awarded such order the opportunity for a postaward de2 briefing. The debriefing information shall include— 

3 ‘‘(1) the executive agency’s evaluation of the 

4 significant weaknesses or deficiencies in the offeror’s 

5 proposal, if applicable; 

6 ‘‘(2) the overall evaluated cost or price (includ7 ing unit prices), and technical rating, if applicable, 

8 of the successful offeror and the debriefed offeror, 

9 and past performance information on the debriefed 

10 offeror; 

11 ‘‘(3) the overall ranking of all offerors, when 

12 any ranking was developed by the agency during the 

13 source selection; 

14 ‘‘(4) a summary of the rationale for the award; 

15 ‘‘(5) for acquisitions of commercial items, the 

16 make and model of the item to be delivered by the 

17 successful offeror; and 

18 ‘‘(6) reasonable responses to relevant questions 

19 about whether source selection procedures contained 

20 in the solicitation, applicable regulations, and other 

21 applicable authorities were followed.’’. 

22 (b) DEFENSE CONTRACTS.— 

23 (1) POSTAWARD BRIEFING REQUIREMENT.— 

24 Chapter 137 of title 10, United States Code, is 


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1 amended by inserting after section 2304c the fol2 lowing new section: 

3 ‘‘§ 2304c–1. Task and delivery order contracts: 

4 postaward briefings 

5 ‘‘The head of an agency awarding a task or delivery 

6 order valued at over $5,000,000 under a multiple award 

7 contract shall provide to each offeror not awarded such 

8 order the opportunity for a postaward debriefing. The de9 briefing information shall include— 

10 ‘‘(1) the agency’s evaluation of the significant 

11 weaknesses or deficiencies in the offeror’s proposal, 

12 if applicable; 

13 ‘‘(2) the overall evaluated cost or price (includ14 ing unit prices), and technical rating, if applicable, 

15 of the successful offeror and the debriefed offeror, 

16 and past performance information on the debriefed 

17 offeror; 

18 ‘‘(3) the overall ranking of all offerors, when 

19 any ranking was developed by the agency during the 

20 source selection; 

21 ‘‘(4) a summary of the rationale for the award; 

22 ‘‘(5) for acquisitions of commercial items, the 

23 make and model of the item to be delivered by the 

24 successful offeror; and 


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1 ‘‘(6) reasonable responses to relevant questions 

2 about whether source selection procedures contained 

3 in the solicitation, applicable regulations, and other 

4 applicable authorities were followed.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended 

7 by inserting after the item relating to section 2304c 

8 the following new item: 

‘‘2304c–1. Task and delivery order contracts: postaward briefings.’’. 

9 SEC. 114. PROTESTS OF TASK AND DELIVERY ORDERS. 

10 (a) CIVILIAN AGENCY CONTRACTS.—Section 303J(d) 

11 of the Federal Property and Administrative Services Act 

12 of 1949 (41 U.S.C. 253j(d)) is amended to read as follows: 

13 ‘‘(d) PROTESTS.—(1) A protest is not authorized in 

14 connection with the issuance or proposed issuance of a 

15 task or delivery order except for— 

16 ‘‘(A) a protest on the ground that the order in17 creases the scope, period, or maximum value of the 

18 contract under which the order is issued; or 

19 ‘‘(B) a protest of an order valued at greater 

20 than $5,000,000. 

21 ‘‘(2) Notwithstanding section 3556 of title 31, United 

22 States Code, the Comptroller General of the United States 

23 shall have exclusive jurisdiction of a protest authorized 

24 under paragraph (1)(B).’’. 


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1 (b) DEFENSE CONTRACTS.—Section 2304c(d) of title 

2 10, United States Code is amended to read as follows: 

3 ‘‘(d) PROTESTS.—(1) A protest is not authorized in 

4 connection with the issuance or proposed issuance of a 

5 task or delivery order except for— 

6 ‘‘(A) a protest on the ground that the order in7 creases the scope, period, or maximum value of the 

8 contract under which the order is issued; or 

9 ‘‘(B) a protest of an order valued at greater 

10 than $5,000,000. 

11 ‘‘(2) Notwithstanding section 3556 of title 31, United 

12 States Code, the Comptroller General of the United States 

13 shall have exclusive jurisdiction of a protest authorized 

14 under paragraph (1)(B).’’. 

15 (c) PREFERENCE FOR USE OF EXPRESS OPTION FOR

16 DECIDING PROTESTS.—Section 3554(a)(2) of title 31, 

17 United States Code, is amended— 

18 (1) by striking ‘‘(2) The Comptroller General’’ 

19 and inserting ‘‘(2)(A) The Comptroller General’’; 

20 and 

21 (2) by adding at the end the following new sub22 paragraph: 

23 ‘‘(B) The Comptroller General shall use the express 

24 option established pursuant to subparagraph (A) to decide 

25 protests under section 303J(d) of the Federal Property 


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1 and Administrative Services Act of 1949 (41 U.S.C. 

2 253j(d)) and section 2304c(d) of title 10, United States 

3 Code, related to the issuance or proposed issuance of a 

4 task or delivery order valued at greater than $5,000,000 

5 and less than $25,000,000, unless the Comptroller Gen6 eral determines that the protest is not suitable for resolu7 tion within 65 days after the date the protest is sub8 mitted.’’. 

9 SEC. 115. PUBLICATION OF JUSTIFICATION AND APPROVAL 

10 DOCUMENTS. 

11 (a) CIVILIAN CONTRACTS.—Section 303(f)(1) of the 

12 Federal Property and Administrative Services Act of 1949 

13 (41 U.S.C. 253(f)(1)) is amended— 

14 (1) in subparagraph (B)(iii), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (2) in subparagraph (C), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(D) the justification and approval documents 

21 are made publicly available on the Internet website 

22 of the agency and FedBizOpps.’’. 

23 (b) DEFENSE CONTRACTS.—Section 2304(f) of title 

24 10, United States Code, is amended— 


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1 (1) in subparagraph (B)(iii), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (2) in subparagraph (C), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(D) the justification and approval documents 

8 are made publicly available on the Internet website 

9 of the agency and FedBizOpps.’’. 

10 SEC. 116. LIMITATION ON LENGTH OF CERTAIN NON11 COMPETITIVE CONTRACTS. 

12 (a) CIVILIAN AGENCY CONTRACTS.—Section 303(d) 

13 of the Federal Property and Administrative Services Act 

14 of 1949 (41 U.S.C. 253(d)) is amended by adding at the 

15 end the following new paragraph: 

16 ‘‘(3)(A) The contract period of a contract described 

17 in subparagraph (B) that is entered into by an executive 

18 agency pursuant to the authority provided under sub19 section (c)(2)— 

20 ‘‘(i) may not exceed the time necessary— 

21 ‘‘(I) to meet the unusual and compelling 

22 requirements of the work to be performed under 

23 the contract; and 

24 ‘‘(II) for the executive agency to enter into 

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1 ices through the use of competitive procedures; 

2 and 

3 ‘‘(ii) may not exceed 150 days unless the head 

4 of the executive agency entering into such contract 

5 determines that exceptional circumstances apply. 

6 ‘‘(B) This paragraph applies to any contract in an 

7 amount greater than the simplified acquisition threshold 

8 (as defined by section 4 of the Office of Federal Procure9 ment Policy Act (41 U.S.C. 403)).’’. 

10 (b) DEFENSE CONTRACTS.—Section 2304(d) of title 

11 10, United States Code, is amended by adding at the end 

12 the following new paragraph: 

13 ‘‘(3)(A) The contract period of a contract described 

14 in subparagraph (B) that is entered into by an agency 

15 pursuant to the authority provided under subsection 

16 (c)(2)— 

17 ‘‘(i) may not exceed the time necessary— 

18 ‘‘(I) to meet the unusual and compelling 

19 requirements of the work to be performed under 

20 the contract; and 

21 ‘‘(II) for the agency to enter into another 

22 contract for the required goods or services 

23 through the use of competitive procedures; and 


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1 ‘‘(ii) may not exceed 150 days unless the head 

2 of the agency entering into such contract determines 

3 that exceptional circumstances apply. 

4 ‘‘(B) This paragraph applies to any contract in an 

5 amount greater than the simplified acquisition threshold 

6 (as defined by section 4 of the Office of Federal Procure7 ment Policy Act (41 U.S.C. 403)).’’. 

8 SEC. 117. PROHIBITION ON AWARD OF CERTAIN LARGE 

9 TASK OR DELIVERY ORDER CONTRACTS FOR 

10 SERVICES. 

11 (a) CIVILIAN AGENCY CONTRACTS.—Section 

12 303H(d) of the Federal Property and Administrative 

13 Services Act of 1949 (41 U.S.C. 253h(d)) is amended by 

14 adding at the end the following new paragraph: 

15 ‘‘(4)(A) No task or delivery order contract for serv16 ices in an amount estimated to exceed $100,000,000 (in17 cluding all options) may be awarded to a single contractor 

18 unless the head of the agency determines in writing that— 

19 ‘‘(i) because of the size, scope, or method of 

20 performance of the requirement, it would not be 

21 practical to award multiple task or delivery order 

22 contracts; 

23 ‘‘(ii) the task orders expected under the con24 tract are so integrally related that only a single con25 tractor can reasonably perform the work; or 


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1 ‘‘(iii) for any other reason, it is necessary in the 

2 public interest to award the contract to a single con3 tractor. 

4 ‘‘(B) The head of the agency shall notify Congress 

5 within 30 days of any determination under subparagraph 

6 (A)(iii). 

7 ‘‘(C) The head of the agency shall post the justifica8 tion and approval documents related to a determination 

9 under subparagraph (A) on the Internet website of the 

10 agency and on the Federal Business Opportunities 

11 (FedBizOpps) Internet website.’’. 

12 (b) DEFENSE CONTRACTS.—Section 2304a(d) of title 

13 10, United States Code, is amended by adding at the end 

14 the following new paragraph: 

15 ‘‘(4)(A) No task or delivery order contract for serv16 ices in an amount estimated to exceed $100,000,000 (in17 cluding all options) may be awarded to a single contractor 

18 unless the head of the agency determines in writing that— 

19 ‘‘(i) because of the size, scope, or method of 

20 performance of the requirement, it would not be 

21 practical to award multiple task or delivery order 

22 contracts; 

23 ‘‘(ii) the task orders expected under the con24 tract are so integrally related that only a single con25 tractor can reasonably perform the work; or 


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1 ‘‘(iii) for any other reason, it is necessary in the 

2 public interest to award the contract to a single con3 tractor. 

4 ‘‘(B) The head of the agency shall notify Congress 

5 within 30 days of any determination under subparagraph 

6 (A)(iii). 

7 ‘‘(C) The head of the agency shall post the justifica8 tion and approval documents related to a determination 

9 under subparagraph (A) on the Internet website of the 

10 agency and on the Federal Business Opportunities 

11 (FedBizOpps) Internet website.’’. 

12 SEC. 118. GUIDANCE ON USE OF TIERED EVALUATIONS OF 

13 OFFERS FOR CONTRACTS AND TASK ORDERS 

14 UNDER CONTRACTS. 

15 (a) GUIDANCE REQUIRED.—The Administrator for 

16 Federal Procurement Policy shall prescribe guidance for 

17 executive agencies on the use of tiered evaluations of offers 

18 for contracts and for task or delivery orders under con19 tracts. In prescribing such guidance, the Administrator 

20 shall give full consideration to the guidance prescribed by 

21 the Secretary of Defense under section 816 of the Na22 tional Defense Authorization Act for Fiscal Year 2006 

23 (Public Law 109–163; 10 U.S.C. 2305). 

24 (b) ELEMENTS.—The guidance prescribed under sub25 section (a) shall include a prohibition on the initiation by 


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1 a contracting officer of a tiered evaluation of an offer for 

2 a contract or for a task or delivery order under a contract 

3 unless the contracting officer— 

4 (1) has conducted market research in accord5 ance with part 10 of the Federal Acquisition Regula6 tion in order to determine whether or not a suffi7 cient number of qualified small businesses are avail8 able to justify limiting competition for the award of 

9 such contract or task or delivery order under appli10 cable law and regulations; 

11 (2) is unable, after conducting market research 

12 under paragraph (1), to make the determination de13 scribed in that paragraph; and 

14 (3) includes in the contract file a written expla15 nation of why such contracting officer was unable to 

16 make such determination. 

17 SEC. 119. PLAN FOR MINIMIZING COST-REIMBURSEMENT 

18 CONTRACTS. 

19 The head of each executive agency shall develop a 

20 plan for minimizing the use of cost-reimbursement con21 tracts. 


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1 Subtitle C—Accountability and 

2 Administration 

3 SEC. 121. RECORDING OF OBLIGATIONS ON TASK ORDER 

4 CONTRACTS. 

5 (a) CIVILIAN CONTRACTS.— 

6 (1) IN GENERAL.—Section 303H of the Federal 

7 Property and Administrative Services Act of 1949 

8 (41 U.S.C. 253h) is amended— 

9 (A) by redesignating subsections (f) and 

10 (g) as subsections (g) and (h), respectively; and 

11 (B) by inserting after subsection (e) the 

12 following new subsection: 

13 ‘‘(f) AUTHORITY TO DEFER RECORDING OBLIGA14 TIONS ON TASK OR DELIVERY ORDER CONTRACTS.—(1) 

15 Subject to paragraphs (2) and (3), the head of an execu16 tive agency may defer the recording of an obligation, in17 cluding an obligation in the amount of the guaranteed 

18 minimum, under a contract awarded under this section 

19 until the issuance of a task or delivery order. 

20 ‘‘(2) The amount of the guaranteed minimum under 

21 a contract must be obligated during the same fiscal year 

22 during which the contract is awarded unless waived by the 

23 head of the executive agency for exceptional cir24 cumstances. 


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1 ‘‘(3) The amount of the guaranteed minimum under 

2 a contract may be satisfied by multiple task or delivery 

3 orders, but the full value of each individual task or delivery 

4 order must be obligated when such order is issued.’’. 

5 (2) ADVISORY AND ASSISTANCE SERVICES.— 

6 Section 303I of such Act (41 U.S.C. 253i) is amend7 ed— 

8 (A) by redesignating subsections (h) and 

9 (i) as subsections (i) and (j), respectively; and 

10 (B) by inserting after subsection (g) the 

11 following new subsection: 

12 ‘‘(h) AUTHORITY TO DEFER RECORDING OBLIGA13 TIONS ON TASK OR DELIVERY ORDER CONTRACTS.—(1) 

14 Subject to paragraphs (2) and (3), the head of an execu15 tive agency may defer the recording of an obligation, in16 cluding an obligation in the amount of the guaranteed 

17 minimum, under a contract awarded under this section 

18 until the issuance of a task or delivery order. 

19 ‘‘(2) The amount of the guaranteed minimum under 

20 a contract must be obligated during the same fiscal year 

21 during which the contract is awarded unless waived by the 

22 head of the executive agency for exceptional cir23 cumstances. 

24 ‘‘(3) The amount of the guaranteed minimum under 

25 a contract may be satisfied by multiple task or delivery 


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1 orders, but the full value of each individual task or delivery 

2 order must be obligated when such order is issued.’’. 

3 (b) DEFENSE CONTRACTS.— 

4 (1) IN GENERAL.—Section 2304a of title 10, 

5 United States Code, is amended— 

6 (A) by redesignating subsections (g) and 

7 (h) as subsections (h) and (i), respectively; and 

8 (B) by inserting after subsection (f) the 

9 following new subsection: 

10 ‘‘(g) AUTHORITY TO DEFER RECORDING OBLIGA11 TIONS ON TASK OR DELIVERY ORDER CONTRACTS.—(1) 

12 Subject to paragraphs (2) and (3), the head of an agency 

13 may defer the recording of an obligation, including an obli14 gation in the amount of the guaranteed minimum, under 

15 a contract awarded under this section until the issuance 

16 of a task or delivery order. 

17 ‘‘(2) The amount of the guaranteed minimum under 

18 a contract must be obligated during the same fiscal year 

19 during which the contract is awarded unless waived by the 

20 head of the agency for exceptional circumstances. 

21 ‘‘(3) The amount of the guaranteed minimum under 

22 a contract may be satisfied by multiple task or delivery 

23 orders, but the full value of each individual task or delivery 

24 order must be obligated when such order is issued.’’. 


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1 (2) ADVISORY AND ASSISTANCE SERVICES.— 

2 Section 2304b of title 10, United States Code, is 

3 amended— 

4 (A) by redesignating subsection (f) as sub5 sections (g); and 

6 (B) by inserting after subsection (e) the 

7 following new subsection: 

8 ‘‘(f) AUTHORITY TO DEFER RECORDING OBLIGA9 TIONS ON TASK OR DELIVERY ORDER CONTRACTS.—(1) 

10 Subject to paragraphs (2) and (3), the head of an agency 

11 may defer the recording of an obligation, including an obli12 gation in the amount of the guaranteed minimum, under 

13 a contract awarded under this section until the issuance 

14 of a task or delivery order. 

15 ‘‘(2) The amount of the guaranteed minimum under 

16 a contract must be obligated during the same fiscal year 

17 during which the contract is awarded unless waived by the 

18 head of the agency for exceptional circumstances. 

19 ‘‘(3) The amount of the guaranteed minimum under 

20 a contract may be satisfied by multiple task or delivery 

21 orders, but the full value of each individual task or delivery 

22 order must be obligated when such order is issued.’’. 

23 SEC. 122. DEFINITIZING OF LETTER CONTRACTS. 

24 (a) CIVILIAN CONTRACTS.—The Federal Property 

25 and Administrative Services Act of 1949 (41 U.S.C. 251 


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1 et seq.) is amended by adding at the end the following 

2 new section: 

3 ‘‘SEC. 318. DEFINITIZING OF LETTER CONTRACTS. 

4 ‘‘The head of an executive agency shall unilaterally 

5 determine all missing terms in an undefinitized letter con6 tract that have not been agreed upon within 180 days 

7 after such letter contract has been entered into or before 

8 40 percent of the work under such letter contract has been 

9 completed. Any terms so determined shall be subject to 

10 the contract disputes process.’’. 

11 (b) DEFENSE CONTRACTS.— 

12 (1) DEFINITIZING OF LETTER CONTRACTS.— 

13 Chapter 137 of title 10, United States Code, is 

14 amended by inserting after at the end the following 

15 new section: 

16 ‘‘§ 2334. Definitizing of letter contracts 

17 ‘‘The head of an agency shall unilaterally determine 

18 all missing terms in an undefinitized letter contract that 

19 have not been agreed upon within 180 days after such let20 ter contract has been entered into or before 50 percent 

21 of the work under such letter contract has been completed. 

22 Any terms so determined shall be subject to the contract 

23 disputes process.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘2334. Definitizing of letter contracts.’’. 

4 SEC. 123. PREVENTING ABUSE OF INTERAGENCY CON5 TRACTS. 

6 (a) OFFICE OF MANAGEMENT AND BUDGET POLICY

7 GUIDANCE.— 

8 (1) REPORT AND GUIDELINES.—Not later than 

9 one year after the date of the enactment of this Act, 

10 the Director of the Office of Management and Budg11 et shall— 

12 (A) submit to Congress a comprehensive 

13 report on interagency acquisitions, including 

14 their frequency of use, management controls, 

15 cost-effectiveness, and savings generated; and 

16 (B) issue guidelines to assist the heads of 

17 executive agencies in improving the manage18 ment of interagency acquisitions. 

19 (2) MATTERS COVERED BY GUIDELINES.—For 

20 purposes of paragraph (1)(B), the Director shall in21 clude guidelines on the following matters: 

22 (A) Procedures for the use of interagency 

23 acquisitions to maximize competition, deliver 

24 best value to executive agencies, and minimize 

25 waste, fraud, and abuse. 


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1 (B) Categories of contracting inappropriate 

2 for interagency acquisition, due to high risk of 

3 waste, fraud, or abuse. 

4 (C) Requirements for training acquisition 

5 workforce personnel in the proper use of inter6 agency acquisitions. 

7 (b) REGULATIONS REQUIRED.—Not later than one 

8 year after the date of the enactment of this Act, the Fed9 eral Acquisition Regulation shall be revised to require that 

10 all interagency acquisitions— 

11 (1) include a written agreement between the re12 questing agency and the servicing agency assigning 

13 responsibility for the administration and manage14 ment of the contract; 

15 (2) include a determination that an interagency 

16 acquisition is the best procurement alternative; and 

17 (3) include sufficient documentation to ensure 

18 an adequate audit. 

19 (c) AGENCY REPORTING REQUIREMENT.—The senior 

20 procurement executive for each executive agency shall, as 

21 directed by the Director of the Office of Management and 

22 Budget, submit to the Director annual reports on the ac23 tions taken by the executive agency pursuant to the guide24 lines issued under subsection (a). 

25 (d) SURVEY OF INTERAGENCY CONTRACTING.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, the Adminis3 trator for Federal Procurement Policy shall conduct 

4 a survey of existing interagency contracts. 

5 (2) CONTENT.—The survey conducted under 

6 paragraph (1) shall collect the following information: 

7 (A) The number of interagency contracts 

8 that are currently in operation, and the scope, 

9 sponsoring agencies, primary users, activity lev10 els (in terms of orders and value) for the most 

11 recent fiscal year, and rationales for such con12 tracts. 

13 (B) The level of acquisition activity con14 ducted by the Intergovernmental Revolving 

15 Funds (including the Franchise Funds) on be16 half of other executive agencies. 

17 (C) The number of enterprisewide, single 

18 agency contracts that are currently in oper19 ation, and the scope, activity levels (in terms of 

20 orders and value) for the most recent fiscal 

21 year, and rationales for such contracts. 

22 (3) PUBLICATION.—The Director of the Office 

23 of Management and Budget shall make the results 

24 of the survey conducted under this subsection pubVerDate Aug 31 2005 22:31 Feb 23, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680

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1 licly available, subject to applicable statutory and 

2 regulatory limits on the release of such information. 

3 (e) REVIEW OF FEDERAL SUPPLY SCHEDULE CON4 TRACTS.—Not later than 270 days after the date of the 

5 enactment of this Act, the Administrator of General Serv6 ices shall review existing Federal Supply Schedule (FSS) 

7 contracts to determine whether, in light of the entire in8 ventory of interagency contracts, any of the FSS contracts 

9 should be eliminated in order to avoid unnecessary dupli10 cation. 

11 (f) REVIEW OF OTHER INTERAGENCY AND

12 ENTERPRISEWIDE CONTRACTS.—Not later than 270 days 

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

14 of the Office of Management and Budget shall direct the 

15 heads of executive agencies to develop and institute proce16 dures for the creation, expansion, oversight, and reauthor17 ization of interagency and enterprisewide contracts other 

18 than the contracts described in subsections (d) and (e). 

19 The head of each executive agency shall periodically sub20 mit reports to the Director on the implementation of this 

21 subsection and shall make such reports publicly available. 

22 (g) IMPROVED TRANSPARENCY OF INTERAGENCY

23 CONTRACTING DATA.—Not later than 180 days after the 

24 date of the enactment of this Act, the Director of the Of25 fice of Management and Budget shall direct appropriate 


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1 revisions to the governmentwide procurement system 

2 known as the Federal Procurement Data System-Next 

3 Generation in order to facilitate the collecting and publica4 tion of complete and reliable order-level data on inter5 agency contracting transactions. 

6 SEC. 124. PURCHASE CARD WASTE ELIMINATION. 

7 (a) REQUIREMENT FOR GUIDANCE.— 

8 (1) OFFICE OF MANAGEMENT AND BUDGET

9 POLICY GUIDANCE.—Not later than 180 days after 

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

11 of the Office of Management and Budget shall issue 

12 guidelines to assist the heads of executive agencies 

13 in improving the management of the use of the Gov14 ernmentwide commercial purchase card for making 

15 micro-purchases. The Director shall include guide16 lines on the following matters: 

17 (A) Analysis of purchase card expenditures 

18 to identify opportunities for achieving savings 

19 through micro-purchases made in economical 

20 volumes. 

21 (B) Negotiation of discount agreements 

22 with major vendors accepting the purchase 

23 card. 

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1 ceive information pertaining to the availability 

2 of discounts, including programs for the train3 ing of purchase cardholders on the availability 

4 of discounts. 

5 (D) Assessment of cardholder purchasing 

6 practices, including use of discount agreements. 

7 (E) Collection and dissemination of best 

8 practices and successful strategies for achieving 

9 savings in micro-purchases. 

10 (F) Analysis of purchase card expenditures 

11 to identify opportunities for achieving and accu12 rately measuring fair participation of small 

13 business concerns in micro-purchases consistent 

14 with the national policy on small business par15 ticipation in Federal procurement set forth in 

16 sections 2(a) and 15(g) of the Small Business 

17 Act (15 U.S.C. 631(a) and 644(g)), and dis18 semination of best practices for participation of 

19 small business concerns in micro-purchases. 

20 (2) GENERAL SERVICES ADMINISTRATION.— 

21 The Administrator of General Services shall— 

22 (A) continue efforts to improve reporting 

23 by financial institutions that issue the Govern24 mentwide commercial purchase card so that the 

25 General Services Administration has the data 


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1 needed to identify opportunities for achieving 

2 savings; and 

3 (B) actively pursue point-of-sale discounts 

4 with major vendors accepting the purchase card 

5 so that any Federal Government purchaser 

6 using the purchase card can benefit from such 

7 point-of-sale discounts. 

8 (3) AGENCY REPORTING REQUIREMENT.—The 

9 senior procurement executive for each executive 

10 agency shall, as directed by the Director of the Of11 fice of Management and Budget, submit to the Di12 rector periodic reports on the actions taken in such 

13 executive agency pursuant to the guidelines issued 

14 under paragraph (1). 

15 (4) CONGRESSIONAL OVERSIGHT.—Not later 

16 than December 31 of the year following the year in 

17 which this Act is enacted, and December 31 of each 

18 of the ensuing 3 years, the Director of the Office of 

19 Management and Budget shall submit to the Com20 mittee on Homeland Security and Governmental Af21 fairs of the Senate and the Committee on Oversight 

22 and Government Reform of the House of Represent23 atives a report summarizing for the fiscal year end24 ing in the year in which such report is due the 

25 progress made— 


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1 (A) in improving the management of the 

2 use of the Governmentwide commercial pur3 chase card for making micro-purchases; and 

4 (B) in achieving savings in micro-pur5 chases made with such card, expressed in terms 

6 of average savings achieved by each executive 

7 agency in the use of discount agreements identi8 fied in paragraph (1) and the total savings 

9 achieved Governmentwide. 

10 (b) PAYMENTS TO FEDERAL CONTRACTORS WITH

11 FEDERAL TAX DEBT.—The General Services Administra12 tion, in conjunction with the Internal Revenue Service and 

13 the Financial Management Service, shall develop proce14 dures to subject purchase card payments to Federal con15 tractors to the Federal Payment Levy program. 

16 (c) REPORTING OF AIR TRAVEL BY FEDERAL GOV17 ERNMENT EMPLOYEES.— 

18 (1) ANNUAL REPORTS REQUIRED.—The Admin19 istrator of the General Services shall submit annu20 ally to the Committee on Homeland Security and 

21 Governmental Affairs of the Senate and the Com22 mittee on Oversight and Government Reform of the 

23 House of Representatives a report on all first class 

24 and business class travel by employees of each execVerDate Aug 31 2005 22:31 Feb 23, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S680.IS S680

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1 utive agency undertaken at the expense of the Fed2 eral Government. 

3 (2) CONTENT.—The reports submitted pursu4 ant to paragraph (1) shall include, at a minimum, 

5 with respect to each travel by first class or business 

6 class— 

7 (A) the names of each traveler; 

8 (B) the date of travel; 

9 (C) the points of origination and destina10 tion; 

11 (D) the cost of the first class or business 

12 class travel; and 

13 (E) the cost difference between such travel 

14 and travel by coach class. 

15 SEC. 125. LEAD SYSTEMS INTEGRATORS. 

16 (a) STUDY.—Not later than 180 days after the date 

17 of the enactment of this Act, the Administrator for Fed18 eral Procurement Policy shall develop a government-wide 

19 definition of lead systems integrators and complete a 

20 study the use of such integrators by executive agencies. 

21 (b) RECOMMENDATIONS.—Not later than 180 days 

22 after the study under subsection (a) is completed, the Ad23 ministrator for Federal Procurement Policy shall submit 

24 to Congress recommendations for regulations to control 


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1 the use of lead systems integrators to ensure that they 

2 are used in the best interests of the Federal Government. 

3 SEC. 126. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 

4 (a) REGULATIONS.—The Administrator for Federal 

5 Procurement Policy shall promulgate regulations applica6 ble to contracts described in subsection (c) to minimize 

7 the excessive use by contractors of subcontractors or tiers 

8 of subcontractors to perform the principal work of the con9 tract. 

10 (b) SPECIFIC REQUIREMENT.—At a minimum, the 

11 regulations promulgated under subsection (a) shall pre12 clude a contractor from using subcontracts for more than 

13 65 percent of the cost of the contract or the cost of any 

14 individual task or delivery order (not including overhead 

15 and profit), unless the head of the executive agency award16 ing the contract determines that such requirement is not 

17 feasible or practicable. 

18 (c) COVERED CONTRACTS.—This section applies to 

19 any cost-reimbursement type contract or task or delivery 

20 order in an amount greater than the simplified acquisition 

21 threshold (as defined by section 4 of the Office of Federal 

22 Procurement Policy Act (41 U.S.C. 403)). 


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1 SEC. 127. REFORM OF AFGHANISTAN ASSISTANCE PRO2 GRAMS. 

3 (a) REPORT.—Not later than 180 days after the date 

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

5 United States Agency for International Development shall 

6 submit to Congress a report on the Agency’s assistance 

7 programs in Afghanistan. 

8 (b) CONTENTS.—The report required under sub9 section (a) shall include— 

10 (1) information about the Agency’s assistance 

11 programs in Afghanistan, including— 

12 (A) the amount of assistance that has been 

13 designated for projects in Afghanistan since fis14 cal year 2002; 

15 (B) the amount of money that has been 

16 obligated for such purposes; 

17 (C) the amount of money that has been ex18 pended for such purposes; 

19 (D) the number of projects that have been 

20 designated or planned under such programs; 

21 (E) the level of oversight exercised over 

22 such programs by the Department of State, the 

23 Agency, and the Government Accountability Of24 fice; 

25 (F) the specific projects reviewed as part 

26 of such oversight; and 


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1 (G) the findings related to such oversight; 

2 and 

3 (2) a plan for revising the Agency’s strategy for 

4 such assistance programs, including— 

5 (A) developing measurable goals, specific 

6 time frames, and established resource levels; 

7 (B) delineating responsibilities related to 

8 providing assistance; 

9 (C) identifying external factors that could 

10 significantly affect the achievement of the 

11 Agency’s goals; and 

12 (D) developing a schedule for program 

13 evaluations to assess progress made in achiev14 ing the Agency’s goals. 

15 SEC. 128. DEBARMENT OF CONTRACTORS THAT ARE SERI16 OUS THREATS TO NATIONAL SECURITY. 

17 (a) DEBARMENT.—The head of any executive agency 

18 may debar a contractor from eligibility for Federal con19 tracts on the basis of a finding that the contractor is a 

20 serious threat to national security. 

21 (b) INCLUSION ON LIST OF PARTIES EXCLUDED

22 FROM FEDERAL PROCUREMENT AND NONPROCUREMENT

23 PROGRAMS.—The Administrator of General Services shall 

24 include on the List of Parties Excluded from Federal Pro25 curement and Nonprocurement Programs maintained by 


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1 the Administrator under part 9 of the Federal Acquisition 

2 Regulation each contractor that is debarred or proposed 

3 for debarment under subsection (a). 

4 SEC. 129. REQUIRED ASSIGNMENT OF LEVEL ONE CER5 TIFIED PROGRAM MANAGERS TO DEPART6 MENT OF HOMELAND SECURITY LEVEL ONE 

7 PROGRAMS. 

8 Not later than one year after the date of the enact9 ment of this Act, the Secretary of Homeland Security shall 

10 assign to each program of the Department of Homeland 

11 Security with an estimated value of more than 

12 $100,000,000 at least one program manager certified by 

13 the Secretary as competent to administer programs of that 

14 size. 

15 SEC. 130. ELIMINATION OF ONE-YEAR LIMITATION ON IN16 TEREST DUE ON LATE PAYMENTS TO CON17 TRACTORS. 

18 Section 3901(d)(3)(A) of title 31, United States 

19 Code, is amended to read as follows: 

20 ‘‘(3)(A) Except as provided in subparagraph (B), an 

21 interest penalty under this chapter does not continue to 

22 accrue after a claim for an interest penalty is filed in the 

23 manner described in paragraph (2).’’. 


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1 TITLE II—INSPECTORS 

2 GENERAL REFORMS 

3 SEC. 201. PROHIBITION OF CASH BONUS OR AWARDS. 

4 Section 3 of the Inspector General Act of 1978 (5 

5 U.S.C. App.) is amended by adding at the end the fol6 lowing: 

7 ‘‘(e) An Inspector General (as defined under section 

8 8G(a)(6) or 11(3)) may not receive any cash award or 

9 cash bonus, including any cash award under chapter 45 

10 of title 5, United States Code.’’. 

11 SEC. 202. INSPECTORS GENERAL AT LEVEL III OF EXECU12 TIVE SCHEDULE. 

13 (a) LEVEL IV POSITIONS.—Section 5315 of title 5, 

14 United States Code, is amended by striking each item re15 lating to the following positions: 

16 (1) Inspector General, Department of Edu17 cation. 

18 (2) Inspector General, Department of Energy. 

19 (3) Inspector General, Department of Health 

20 and Human Services. 

21 (4) Inspector General, Department of Agri22 culture. 

23 (5) Inspector General, Department of Housing 

24 and Urban Development. 

25 (6) Inspector General, Department of Labor. 


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1 (7) Inspector General, Department of Trans2 portation. 

3 (8) Inspector General, Department of Veterans 

4 Affairs. 

5 (9) Inspector General, Department of Home6 land Security. 

7 (10) Inspector General, Department of Defense. 

8 (11) Inspector General, Department of State. 

9 (12) Inspector General, Department of Com10 merce. 

11 (13) Inspector General, Department of the In12 terior. 

13 (14) Inspector General, Department of Justice. 

14 (15) Inspector General, Department of the 

15 Treasury. 

16 (16) Inspector General, Agency for Inter17 national Development. 

18 (17) Inspector General, Environmental Protec19 tion Agency. 

20 (18) Inspector General, Export-Import Bank. 

21 (19) Inspector General, Federal Emergency 

22 Management Agency. 

23 (20) Inspector General, General Services Ad24 ministration. 


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1 (21) Inspector General, National Aeronautics 

2 and Space Administration. 

3 (22) Inspector General, Nuclear Regulatory 

4 Commission. 

5 (23) Inspector General, Office of Personnel 

6 Management. 

7 (24) Inspector General, Railroad Retirement 

8 Board. 

9 (25) Inspector General, Small Business Admin10 istration. 

11 (26) Inspector General, Tennessee Valley Au12 thority. 

13 (27) Inspector General, Federal Deposit Insur14 ance Corporation. 

15 (28) Inspector General, Resolution Trust Cor16 poration. 

17 (29) Inspector General, Central Intelligence 

18 Agency. 

19 (30) Inspector General, Social Security Admin20 istration. 

21 (31) Inspector General, United States Postal 

22 Service. 

23 (b) LEVEL III POSITIONS.—Section 5314 of title 5, 

24 United States Code, is amended by adding at the end the 

25 following: 


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1 ‘‘Inspector General, Department of Education. 

2 ‘‘Inspector General, Department of Energy. 

3 ‘‘Inspector General, Department of Health and 

4 Human Services. 

5 ‘‘Inspector General, Department of Agriculture. 

6 ‘‘Inspector General, Department of Housing 

7 and Urban Development. 

8 ‘‘Inspector General, Department of Labor. 

9 ‘‘Inspector General, Department of Transpor10 tation. 

11 ‘‘Inspector General, Department of Veterans 

12 Affairs. 

13 ‘‘Inspector General, Department of Homeland 

14 Security. 

15 ‘‘Inspector General, Department of Defense. 

16 ‘‘Inspector General, Department of State. 

17 ‘‘Inspector General, Department of Commerce. 

18 ‘‘Inspector General, Department of the Interior. 

19 ‘‘Inspector General, Department of Justice. 

20 ‘‘Inspector General, Department of the Treas21 ury. 

22 ‘‘Inspector General, Agency for International 

23 Development. 

24 ‘‘Inspector General, Corporation for Community 

25 and National Service. 


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1 ‘‘Inspector General, Environmental Protection 

2 Agency. 

3 ‘‘Inspector General, Export-Import Bank. 

4 ‘‘Inspector General, Federal Emergency Man5 agement Agency. 

6 ‘‘Inspector General, General Services Adminis7 tration. 

8 ‘‘Inspector General, National Aeronautics and 

9 Space Administration. 

10 ‘‘Inspector General, Nuclear Regulatory Com11 mission. 

12 ‘‘Inspector General, Office of Personnel Man13 agement. 

14 ‘‘Inspector General, Railroad Retirement 

15 Board. 

16 ‘‘Inspector General, Small Business Administra17 tion. 

18 ‘‘Inspector General, Tennessee Valley Author19 ity. 

20 ‘‘Inspector General, Federal Deposit Insurance 

21 Corporation. 

22 ‘‘Inspector General, Central Intelligence Agen23 cy. 

24 ‘‘Inspector General, Social Security Administra25 tion. 


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1 ‘‘Inspector General, United States Postal Serv2 ice.’’. 

3 (c) SAVINGS PROVISION.—Nothing in this section 

4 shall have the effect of reducing the rate of pay of any 

5 individual serving as an Inspector General on the effective 

6 date of this section. 

7 SEC. 203. QUALIFICATIONS OF INSPECTORS GENERAL FOR 

8 DESIGNATED FEDERAL ENTITIES. 

9 Section 8G(c) of the Inspector General Act of 1978 

10 (5 U.S.C. App.) is amended by adding at the end ‘‘Each 

11 Inspector General shall be appointed without regard to po12 litical affiliation and solely on the basis of integrity and 

13 demonstrated ability in accounting, auditing, financial 

14 analysis, law, management analysis, public administration, 

15 or investigations.’’ . 

16 SEC. 204. REMOVAL OF INSPECTORS GENERAL FOR DES17 IGNATED FEDERAL ENTITIES. 

18 Section 8G(e) of the Inspector General Act of 1978 

19 (5 U.S.C. App.) is amended by striking ‘‘shall promptly 

20 communicate in writing the reasons for any such removal 

21 or transfer to both Houses of the Congress’’ and inserting 

22 ‘‘shall communicate in writing the reasons for any such 

23 removal or transfer to both Houses of the Congress, not 

24 later than 15 days before the removal or transfer’’. 


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1 SEC. 205. SUBPOENA POWER. 

2 Section 6(a)(4) of the Inspector General Act of 1978 

3 (5 U.S.C. App.), is amended— 

4 (1) by inserting ‘‘in any medium (including 

5 electronically stored information, as well as any tan6 gible thing)’’ after ‘‘other data’’; and 

7 (2) by striking ‘‘subpena’’ and inserting ‘‘sub8 poena’’. 

9 SEC. 206. PROGRAM FRAUD CIVIL REMEDIES ACT. 

10 Section 3801(a)(1) of title 31, United States Code, 

11 is amended— 

12 (1) in subparagraph (C), by striking ‘‘and’’ 

13 after the semicolon; 

14 (2) in subparagraph (D), by adding ‘‘and’’ after 

15 the semicolon ; and 

16 (3) by adding at the end the following: 

17 ‘‘(E) a designated Federal entity (as such 

18 term is defined under section 8G(a)(2) of the 

19 Inspector General Act of 1978).’’. 

Æ 


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