II 

Calendar No. 420 

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, Mrs. 

MCCASKILL, and Mr. AKAKA) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

OCTOBER 15, 2007 

Reported by Mr. LIEBERMAN, with an amendment 

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

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’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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 

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. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 


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1 (1) The term ‘‘executive agency’’ has the mean2 ing given such term in section 4 of the Office of 

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

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

5 a procedure by which an executive agency needing 

6 supplies or services (the requesting agency) obtains 

7 them from another executive agency (the servicing 

8 agency). The term includes acquisitions under sec9 tion 1535 of title 31, United States Code (commonly 

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

11 Schedules, and governmentwide acquisition con12 tracts. 

13 (3) The term ‘‘micro-purchase’’ means a pur14 chase in an amount not in excess of the micro-pur15 chase threshold, as defined in section 32 of the Of16 fice of Federal Procurement Policy Act (41 U.S.C. 

17 428). 

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

19 means— 

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

21 Administrator of General Services under the 

22 multiple award schedule program referred to in 

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

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

25 259(b)(3)); 


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1 (B) a multiple award task order contract 

2 that is entered into under the authority of sec3 tions 2304a through 2304d of title 10, United 

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

5 the Federal Property and Administrative Serv6 ices Act of 1949 (41 U.S.C. 253h through 

7 253k); and 

8 (C) any other indefinite delivery, indefinite 

9 quantity contract that is entered into by the 

10 head of an executive agency with 2 or more 

11 sources pursuant to the same solicitation. 

12 TITLE I—CONTRACTING AND 

13 ACQUISITION REFORM 

14 Subtitle A—Acquisition Workforce 

15 SEC. 101. FEDERAL ACQUISITION WORKFORCE. 

16 (a) ASSISTANT ADMINISTRATOR FOR ACQUISITION

17 WORKFORCE PROGRAMS.—Section 6 of the Office of Fed18 eral Procurement Policy Act (41 U.S.C. 405) is amended 

19 by adding at the end the following new subsection: 

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

21 the Senior Executive Service as the Assistant Adminis22 trator for Workforce Programs. The Assistant Adminis23 trator shall be responsible for— 

24 ‘‘(1) supervising the acquisition workforce 

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


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1 ‘‘(2) administering the governmentwide acquisi2 tion intern program established under section 43; 

3 ‘‘(3) developing, in coordination with Chief Ac4 quisition Officers and Chief Human Capital Officers, 

5 a human capital strategic plan for the acquisition 

6 workforce of the Federal Government; 

7 ‘‘(4) recommending to the Administrator and 

8 other senior government officials appropriate pro9 grams, policies, and practices to increase the quan10 tity and quality of the Federal acquisition workforce; 

11 and 

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

13 Administrator may assign.’’. 

14 (b) GOVERNMENTWIDE ACQUISITION INTERN PRO15 GRAM.—The Office of Federal Procurement Policy Act 

16 (41 U.S.C. 403 et seq.) is amended by adding at the end 

17 the following new section: 

18 ‘‘SEC. 43. GOVERNMENTWIDE ACQUISITION INTERN PRO19 GRAM. 

20 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis21 trator shall establish a governmentwide acquisition intern 

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

23 strengthen the Federal acquisition workforce to carry out 

24 its key missions through the Federal procurement process, 


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

2 graduates per year in the program. 

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

4 Administrator for Acquisition Workforce Programs des5 ignated under section 6(l) shall be responsible for the 

6 management, oversight, and administration of the pro7 gram and shall give strong consideration to existing simi8 lar programs and seek to build upon those programs in9 stead of replacing them. 

10 ‘‘(c) BUSINESS-RELATED COURSE WORK REQUIRE11 MENT.— 

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

13 program shall have completed 24 credit hours of 

14 business-related college course work by not later 

15 than 3 years after admission into the program. 

16 ‘‘(2) CERTIFICATION CRITERIA.—The Adminis17 trator shall establish criteria for certifying the com18 pletion of the course work requirement under para19 graph (1). 

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

21 consist of one year of preparatory education and training 

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

23 training and development focused on Federal procurement 

24 but including rotational assignments in other functional 

25 areas. 


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

2 participating in the program shall be considered proba3 tionary employees without civil service protections under 

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

5 any personnel ceiling applicable to an executive agency or 

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

7 an intern under the program shall not be counted. 

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

9 Chief Acquisition Officer of each executive agency, in con10 sultation with the Chief Human Capital Officer of such 

11 agency, shall establish a central intern management func12 tion in the agency to supervise and manage interns partici13 pating in the program.’’. 

14 (c) ACQUISITION FELLOWSHIP PROGRAM.— 

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

16 Personnel Management shall establish an Acquisi17 tion Fellowship Program that provides funding for 

18 tuition, room and board, and a stipend for out19 standing students and professionals who make a 

20 commitment to serve in the acquisition and con21 tracting fields of the Federal Government for a pe22 riod of 3 years. 

23 (2) SERVICE AGREEMENTS.—The providing of 

24 funding under this section shall be contingent upon 

25 an individual entering into a written agreement to 


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1 complete 3 years of service in the acquisition and 

2 contracting fields. 

3 (3) REPAYMENT REQUIREMENT.—Candidates 

4 who do not successfully complete the program, or do 

5 not fulfill the Federal work requirements in such 

6 fields, shall be obligated to reimburse the funds pro7 vided. 

8 (d) GOVERNMENT-INDUSTRY EXCHANGE PRO9 GRAM.—The Office of Federal Procurement Policy Act 

10 (41 U.S.C. 403 et seq.), as amended by subsection (b), 

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

12 section: 

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

14 ‘‘(a) IN GENERAL.—The Administrator shall, in co15 ordination with the Director of the Office of Personnel 

16 Management, establish a Federal Government-industry ex17 change program for acquisition professionals that includes 

18 exceptional Government contracting officers. 

19 ‘‘(b) WORKFORCE DEVELOPMENT.— 

20 ‘‘(1) IN GENERAL.—In implementing the pro21 gram established under subsection (a), the Adminis22 trator shall— 

23 ‘‘(A) analyze, on an ongoing basis, the per24 sonnel needs of the Federal Government related 

25 to acquisition and contracting; 


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1 ‘‘(B) identify where current acquisition 

2 and contracting training do not satisfy the per3 sonnel needs described in subparagraph (A); 

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

5 training methods, and training priorities that 

6 correspond to the projected personnel needs of 

7 the Federal Government related to acquisition 

8 and contracting; and 

9 ‘‘(D) assess the training of Federal em10 ployees in acquisition and contracting dis11 ciplines in order to ensure that the acquisition 

12 and contracting needs of the Federal Govern13 ment are addressed. 

14 ‘‘(2) ACQUISITION AND CONTRACTING TRAINING

15 PROGRAMS.—The head of each executive agency, 

16 after consultation with the Administrator, shall es17 tablish and operate acquisition and contracting 

18 training programs consistent with the requirements 

19 of this subsection. Such programs shall— 

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

21 of acquisition and contracting disciplines cor22 responding to the specific acquisition and con23 tracting needs of the agency involved; 

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

25 rigorous standards; and 


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

2 through the use of self-paced courses, online 

3 courses, on-the-job training, and the use of re4 mote instructors, wherever such features can be 

5 applied without reducing the effectiveness of the 

6 training or negatively impacting academic 

7 standards. 

8 ‘‘(3) GOVERNMENTWIDE POLICIES AND EVAL9 UATION.—The Administrator, in coordination with 

10 the Director of the Office of Management and Budg11 et, shall issue policies to promote the development of 

12 performance standards for training and uniform im13 plementation of this subsection by executive agen14 cies, with due regard for differences in program re15 quirements among agencies that may be appropriate 

16 and warranted in view of the agency mission. The 

17 Administrator shall evaluate the implementation of 

18 the provisions of this subsection by executive agen19 cies. 

20 ‘‘(4) CHIEF ACQUISITION OFFICER AUTHORI21 TIES AND RESPONSIBILITIES.—Subject to the au22 thority, direction, and control of the head of an exec23 utive agency, the Chief Acquisition Officer of such 

24 agency shall carry out all powers, functions, and du25 ties of the head of the agency with respect to impleVerDate Aug 31 2005 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S680.RS S680

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1 mentation of this subsection. The Chief Acquisition 

2 Officer shall ensure that the policies of the agency 

3 head established in accordance with this subsection 

4 are implemented throughout the agency. 

5 ‘‘(5) ACQUISITION AND CONTRACTING TRAINING

6 REPORTING.—The Administrator shall ensure that 

7 the heads of executive agencies collect and maintain 

8 standardized information on the acquisition and con9 tracting workforce related to the implementation of 

10 this subsection. 

11 ‘‘(6) AUTHORITY TO DETAIL EMPLOYEES TO

12 NON-FEDERAL EMPLOYERS.—In carrying out the 

13 preceding provisions of this subsection, the Adminis14 trator may provide for a program under which a 

15 Federal employee may be detailed to a non-Federal 

16 employer. The Administrator shall prescribe regula17 tions for such program, including— 

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

19 as the Administrator considers necessary; and 

20 ‘‘(B) safeguards to avoid conflicts of inter21 est involving Federal employees who have been 

22 detailed to non-Federal employers. 

23 ‘‘(7) COORDINATION PROVISION.—An assign24 ment described in section 3703 of title 5, United 

25 States Code, may not be made unless a program 


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1 under paragraph (6) is established, and the assign2 ment is made in accordance with the requirements 

3 of such program. 

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

5 acquisition and contracting needs and the limitations 

6 imposed by resource needs in other occupational 

7 areas, and consistent with their overall workforce de8 velopment strategies, agencies shall encourage em9 ployees to participate in occupational acquisition and 

10 contracting training. 

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

12 implementing the program, the Administrator shall make 

13 every effort to ensure that at least 20 percent of the as14 signments be made with small businesses. 

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

16 of the enactment of the Accountability in Government 

17 Contracting Act of 2007, the Administrator, in consulta18 tion with the Director of the Office of Personnel Manage19 ment, shall submit a report to Congress on the implemen20 tation of the exchange program, including any rec21 ommendations for statutory changes to enhance the utili22 zation of the program and enhance its benefits.’’. 

23 (e) ACQUISITION WORKFORCE HUMAN CAPITAL

24 STRATEGIC PLAN.— 


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

2 the date of the enactment of this Act, each Chief Ac3 quisition Officer for an executive agency appointed 

4 pursuant to section 16 of the Office of Federal Pro5 curement Policy Act (41 U.S.C. 414) shall develop, 

6 in consultation with the Chief Human Capital Offi7 cer for the agency and the Assistant Administrator 

8 for Acquisition Workforce Programs, a strategic 

9 human capital plan for the recruitment, develop10 ment, and retention of the agency’s acquisition 

11 workforce, with a particular focus on warranted con12 tracting officers of the agency. 

13 (2) CONTENT OF PLAN.—The acquisition work14 force human capital plan shall address— 

15 (A) support for and recruitment of per16 sonnel from procurement intern programs; 

17 (B) development of the agency’s acquisi18 tion workforce, including training needs; 

19 (C) development of strategies to retain 

20 high performing acquisition professionals who 

21 possess critical relevant skills; 

22 (D) support for and recruitment of per23 sonnel from the Federal Career Intern Pro24 gram; and 


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1 (E) support for and recruitment of per2 sonnel from the Presidential Management Fel3 lows Program. 

4 Subtitle B—Competition and 

5 Accountability 

6 SEC. 111. COMPETITION IN MULTIPLE AWARD CONTRACTS. 

7 (a) CIVILIAN AGENCY CONTRACTS.— 

8 (1) COMPETITION REQUIREMENT.—Subsection 

9 (b) of section 303J of the Federal Property and Ad10 ministrative Services Act of 1949 (41 U.S.C. 

11 253j(b)) is amended— 

12 (A) by redesignating paragraphs (1) 

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

14 respectively; 

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

16 inserting the following: ‘‘CONTRACTS.— 

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

18 $2,500.—When’’; 

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

20 through (D) (as redesignated by subparagraph 

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

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

23 paragraph: 

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

25 THE SIMPLIFIED ACQUISITION THRESHOLD.— 


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

2 made under a task or delivery order contract 

3 that is anticipated to exceed the simplified ac4 quisition threshold (as defined by section 4 of 

5 the Office of Federal Procurement Policy Act 

6 (41 U.S.C. 403)) shall be made on a competi7 tive basis unless a contracting officer of the ex8 ecutive agency— 

9 ‘‘(i) waives the requirement on the 

10 basis of a determination that— 

11 ‘‘(I) one of the circumstances de12 scribed in subparagraphs (A) through 

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

14 individual purchase; or 

15 ‘‘(II) a statute expressly author16 izes or requires that the purchase be 

17 made from a specified source; and 

18 ‘‘(ii) justifies the determination in 

19 writing. 

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

21 purposes of this paragraph, an individual pur22 chase of goods or services is made on a com23 petitive basis only if it is made pursuant to pro24 cedures that— 


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

2 make that purchase (including a descrip3 tion of the work to be performed and the 

4 basis on which the selection will be made) 

5 to be provided to all contractors offering 

6 such goods or services under the multiple 

7 award contract; and 

8 ‘‘(ii) afford all contractors responding 

9 to the notice a fair opportunity to make an 

10 offer and have that offer fairly considered 

11 by the official making the purchase. 

12 ‘‘(C) EXCEPTION TO NOTICE REQUIRE13 MENT.—Notwithstanding subparagraph (B), 

14 notice may be provided to fewer than all con15 tractors offering such goods or services under a 

16 multiple award contract if notice is provided to 

17 as many contractors as practicable. 

18 ‘‘(D) LIMITATION TO EXCEPTION.—A pur19 chase may not be made pursuant to a notice 

20 that is provided to fewer than all contractors 

21 under subparagraph (C) unless— 

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

23 3 qualified contractors; or 

24 ‘‘(ii) a contracting officer of the exec25 utive agency determines in writing that no 


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1 additional qualified contractors were able 

2 to be identified despite reasonable efforts 

3 to do so. 

4 ‘‘(E) INDIVIDUAL PURCHASE DEFINED.— 

5 For purposes of this paragraph, the term ‘indi6 vidual purchase’ means a task order, delivery 

7 order, or other purchase.’’. 

8 (2) NOTICE REQUIREMENTS.—Such section is 

9 further amended— 

10 (A) by redesignating subsection (f) as sub11 section (g); and 

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

13 following new subsection: 

14 ‘‘(f) NOTICE REQUIREMENTS RELATED TO SOLE

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

16 executive agency shall— 

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

18 source task or delivery orders in excess of the sim19 plified acquisition threshold (as defined by section 4 

20 of the Office of Federal Procurement Policy Act (41 

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

22 contracts or multiple award blanket purchase agree23 ments not later than 10 days after such orders are 

24 placed, except in the event of extraordinary cir25 cumstances or classified orders; and 


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1 ‘‘(2) publish on the Internet website of the ex2 ecutive agency and through the Federal Procure3 ment Data System the justification and approval 

4 documents related to sole source task or delivery or5 ders placed against multiple award contracts or mul6 tiple award blank purchase agreements not later 

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

8 (b) DEFENSE CONTRACTS.— 

9 (1) COMPETITION REQUIREMENT.—Subsection 

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

11 is amended— 

12 (A) by redesignating paragraphs (1) 

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

14 respectively; 

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

16 inserting the following: ‘‘CONTRACTS.— 

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

18 $2,500.—When’’; 

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

20 through (D) (as redesignated by subparagraph 

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

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

23 paragraph: 

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

25 THE SIMPLIFIED ACQUISITION THRESHOLD.— 


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

2 made under a task or delivery order contract 

3 that is anticipated to exceed the simplified ac4 quisition threshold (as defined by section 4 of 

5 the Office of Federal Procurement Policy Act 

6 (41 U.S.C. 403)) shall be made on a competi7 tive basis unless a contracting officer of the 

8 agency— 

9 ‘‘(i) waives the requirement on the 

10 basis of a determination that— 

11 ‘‘(I) one of the circumstances de12 scribed in subparagraphs (A) through 

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

14 individual purchase; or 

15 ‘‘(II) a statute expressly author16 izes or requires that the purchase be 

17 made from a specified source; and 

18 ‘‘(ii) justifies the determination in 

19 writing. 

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

21 purposes of this paragraph, an individual pur22 chase of goods or services is made on a com23 petitive basis only if it is made pursuant to pro24 cedures that— 


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

2 make that purchase (including a descrip3 tion of the work to be performed and the 

4 basis on which the selection will be made) 

5 to be provided to all contractors offering 

6 such goods or services under the multiple 

7 award contract; and 

8 ‘‘(ii) afford all contractors responding 

9 to the notice a fair opportunity to make an 

10 offer and have that offer fairly considered 

11 by the official making the purchase. 

12 ‘‘(C) EXCEPTION TO NOTICE REQUIRE13 MENT.—Notwithstanding subparagraph (B), 

14 notice may be provided to fewer than all con15 tractors offering such goods or services under a 

16 multiple award contract if notice is provided to 

17 as many contractors as practicable. 

18 ‘‘(D) LIMITATION TO EXCEPTION.—A pur19 chase may not be made pursuant to a notice 

20 that is provided to fewer than all contractors 

21 under subparagraph (C) unless— 

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

23 3 qualified contractors; or 

24 ‘‘(ii) a contracting officer of the agen25 cy determines in writing that no additional 


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1 qualified contractors were able to be identi2 fied despite reasonable efforts to do so. 

3 ‘‘(E) INDIVIDUAL PURCHASE DEFINED.— 

4 For purposes of this paragraph, the term ‘indi5 vidual purchase’ means a task order, delivery 

6 order, or other purchase.’’. 

7 (2) NOTICE REQUIREMENTS.—Such section is 

8 further amended— 

9 (A) by redesignating subsection (f) as sub10 section (g); and 

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

12 following new subsection: 

13 ‘‘(f) NOTICE REQUIREMENTS RELATED TO SOLE

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

15 agency shall— 

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

17 source task or delivery orders in excess of the sim18 plified acquisition threshold (as defined by section 4 

19 of the Office of Federal Procurement Policy Act (41 

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

21 contracts or multiple award blanket purchase agree22 ments not later than 10 days after such orders are 

23 placed, except in the event of extraordinary cir24 cumstances or classified orders; and 


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

2 agency and through the Federal Procurement Data 

3 System the justification and approval documents re4 lated to sole source task or delivery orders placed 

5 against multiple award contracts or multiple award 

6 blank purchase agreements not later than 14 days 

7 after such orders are placed.’’. 

8 SEC. 112. STATEMENT OF WORK REQUIREMENTS FOR CER9 TAIN TASK OR DELIVERY ORDERS. 

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

11 Federal Property and Administrative Services Act of 1949 

12 (41 U.S.C. 253j(c)) 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 exec25 utive agency’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 executive agency expects to 

4 consider in evaluating proposals, including cost, 

5 price, and the relative importance of those and 

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

16 10, United States Code, is amended to read as follows: 

17 ‘‘(c) STATEMENT OF WORK AND SELECTION

18 BASIS.— 

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

20 shall include a statement of work that clearly speci21 fies all tasks to be performed or property to be deliv22 ered under the order. 

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

24 $5,000,000.—The statement of work for a task or de25 livery order in excess of $5,000,000 under a task or 


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1 delivery order contract shall be made available to 

2 each contractor awarded such contract and shall— 

3 ‘‘(A) include a clear statement of the agen4 cy’s requirements; 

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

6 ‘‘(C) disclose the significant factors and 

7 sub-factors that the agency expects to consider 

8 in evaluating proposals, including cost, price, 

9 and the relative importance of those and other 

10 factors; 

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

12 made on a best value basis, include a written 

13 statement documenting the basis for the award 

14 and the relative importance of quality and price 

15 or cost factors; and 

16 ‘‘(E) state that the technical requirements 

17 applicable to source selection in competitive ne18 gotiated acquisitions shall not apply.’’. 

19 SEC. 113. POSTAWARD BRIEFINGS FOR TASK AND DELIV20 ERY ORDERS. 

21 (a) CIVILIAN AGENCY CONTRACTS.—The Federal 

22 Property and Administrative Services Act of 1949 (41 

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

24 303J the following new section: 


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

2 BRIEFINGS. 

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

4 or delivery order valued at over $5,000,000 under a mul5 tiple award contract shall provide to each offeror not 

6 awarded such order the opportunity for a postaward de7 briefing. The debriefing information shall include— 

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

9 significant weaknesses or deficiencies in the offeror’s 

10 proposal, if applicable; 

11 ‘‘(2) the overall evaluated cost or price (includ12 ing unit prices), and technical rating, if applicable, 

13 of the successful offeror and the debriefed offeror, 

14 and past performance information on the debriefed 

15 offeror; 

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

17 any ranking was developed by the agency during the 

18 source selection; 

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

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

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

22 successful offeror; and 

23 ‘‘(6) reasonable responses to relevant questions 

24 about whether source selection procedures contained 

25 in the solicitation, applicable regulations, and other 

26 applicable authorities were followed.’’. 


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1 (b) DEFENSE CONTRACTS.— 

2 (1) POSTAWARD BRIEFING REQUIREMENT.— 

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

4 amended by inserting after section 2304c the fol5 lowing new section: 

6 ‘‘§ 2304c–1. Task and delivery order contracts: 

7 postaward briefings 

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

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

10 contract shall provide to each offeror not awarded such 

11 order the opportunity for a postaward debriefing. The de12 briefing information shall include— 

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

14 weaknesses or deficiencies in the offeror’s proposal, 

15 if applicable; 

16 ‘‘(2) the overall evaluated cost or price (includ17 ing unit prices), and technical rating, if applicable, 

18 of the successful offeror and the debriefed offeror, 

19 and past performance information on the debriefed 

20 offeror; 

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

22 any ranking was developed by the agency during the 

23 source selection; 

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


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

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

3 successful offeror; and 

4 ‘‘(6) reasonable responses to relevant questions 

5 about whether source selection procedures contained 

6 in the solicitation, applicable regulations, and other 

7 applicable authorities were followed.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by inserting after the item relating to section 2304c 

11 the following new item: 

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

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

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

14 of the Federal Property and Administrative Services Act 

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

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

17 connection with the issuance or proposed issuance of a 

18 task or delivery order except for— 

19 ‘‘(A) a protest on the ground that the order in20 creases the scope, period, or maximum value of the 

21 contract under which the order is issued; or 

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

23 than $5,000,000. 

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

25 States Code, the Comptroller General of the United States 


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1 shall have exclusive jurisdiction of a protest authorized 

2 under paragraph (1)(B).’’. 

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

4 10, United States Code is amended to read as follows: 

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

6 connection with the issuance or proposed issuance of a 

7 task or delivery order except for— 

8 ‘‘(A) a protest on the ground that the order in9 creases the scope, period, or maximum value of the 

10 contract under which the order is issued; or 

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

12 than $5,000,000. 

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

14 States Code, the Comptroller General of the United States 

15 shall have exclusive jurisdiction of a protest authorized 

16 under paragraph (1)(B).’’. 

17 (c) PREFERENCE FOR USE OF EXPRESS OPTION FOR

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

19 United States Code, is amended— 

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

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

22 and 

23 (2) by adding at the end the following new sub24 paragraph: 


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

2 option established pursuant to subparagraph (A) to decide 

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

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

5 253j(d)) and section 2304c(d) of title 10, United States 

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

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

8 and less than $25,000,000, unless the Comptroller Gen9 eral determines that the protest is not suitable for resolu10 tion within 65 days after the date the protest is sub11 mitted.’’. 

12 SEC. 115. PUBLICATION OF JUSTIFICATION AND APPROVAL 

13 DOCUMENTS. 

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

15 Federal Property and Administrative Services Act of 1949 

16 (41 U.S.C. 253(f)(1)) is amended— 

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

18 and’’ and inserting a semicolon; 

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

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

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

23 ‘‘(D) the justification and approval documents 

24 are made publicly available on the Internet website 

25 of the agency and FedBizOpps.’’. 


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

2 10, United States Code, is amended— 

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

4 and’’ and inserting a semicolon; 

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

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

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(D) the justification and approval documents 

10 are made publicly available on the Internet website 

11 of the agency and FedBizOpps.’’. 

12 SEC. 116. LIMITATION ON LENGTH OF CERTAIN NON13 COMPETITIVE CONTRACTS. 

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

15 of the Federal Property and Administrative Services Act 

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

17 end the following new paragraph: 

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

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

20 agency pursuant to the authority provided under sub21 section (c)(2)— 

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

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

24 requirements of the work to be performed under 

25 the contract; and 


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

2 another contract for the required goods or serv3 ices through the use of competitive procedures; 

4 and 

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

6 of the executive agency entering into such contract 

7 determines that exceptional circumstances apply. 

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

9 amount greater than the simplified acquisition threshold 

10 (as defined by section 4 of the Office of Federal Procure11 ment Policy Act (41 U.S.C. 403)).’’. 

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

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

14 the following new paragraph: 

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

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

17 pursuant to the authority provided under subsection 

18 (c)(2)— 

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

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

21 requirements of the work to be performed under 

22 the contract; and 

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

24 contract for the required goods or services 

25 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 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\S680.RS 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. 

24 (C) Establishment of communication pro25 grams to ensure that purchase cardholders reVerDate Aug 31 2005 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6401 E:\BILLS\S680.RS S680

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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 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\S680.RS 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).’’. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Accountability in Gov22 ernment Contracting Act of 2007’’. 

23 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 


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TITLE I—ACQUISITION WORKFORCE 

Sec. 101. Federal acquisition workforce. 

TITLE II—COMPETITION AND ACCOUNTABILITY 

Sec. 201. Requirement for purchase of property and services pursuant to multiple 

award contracts. 

Sec. 202. Statement of work requirements for certain task or delivery orders. 

Sec. 203. Protests of task and delivery orders. 

Sec. 204. Publication of justification and approval documents. 

Sec. 205. Limitation on length of certain noncompetitive contracts. 

Sec. 206. Prohibition on award of certain large task or delivery order contracts 

for services. 

Sec. 207. Guidance on use of tiered evaluations of offers for contracts and task 

orders under contracts. 

Sec. 208. Guidance on use of cost-reimbursement contracts. 

Sec. 209. Preventing conflicts of interest. 

Sec. 210. Linking of award and incentive fees to acquisition outcomes. 

TITLE III—ACCOUNTABILITY AND ADMINISTRATION 

Sec. 301. Recording of obligations on task order contracts. 

Sec. 302. Definitizing of letter contracts. 

Sec. 303. Preventing abuse of interagency contracts and assisted acquisition services. 

Sec. 304. Purchase card waste elimination. 

Sec. 305. Lead systems integrators. 

Sec. 306. Limitations on tiering of subcontractors. 

Sec. 307. Responsibility of contractors that are serious threats to national security. 

Sec. 308. Required certification of program managers for Department of Homeland Security level one programs. 

Sec. 309. Elimination of one-year limitation on interest due on late payments to 

contractors. 

Sec. 310. Ensuring that Federal employees perform inherently governmental 

work. 

Sec. 311. Report on Acquisition Advisory Panel report implementation. 

Sec. 312. Report by the Government Accountability Office. 

Sec. 313. Mapping and surveying services. 

Sec. 314. Timely and accurate transmission of information included in Federal 

Procurement Data System. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) Except as otherwise provided, the term ‘‘exec4 utive agency’’ has the meaning given such term in 

5 section 4 of the Office of Federal Procurement Policy 

6 Act (41 U.S.C. 403). 


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1 (2) The term ‘‘assisted acquisition’’ means a pro2 cedure by which an executive agency needing supplies 

3 or services (the requesting agency) obtains them from 

4 another executive agency (the servicing agency). The 

5 term includes acquisitions under section 1535 of title 

6 31, United States Code (commonly referred to as the 

7 ‘‘Economy Act’’), title III of the Federal Property and 

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

9 et seq.), the Clinger-Cohen Act of 1996 (division E of 

10 Public Law 104–106), and the Government Manage11 ment Reform Act of 1994 (Public Law 103–356; 108 

12 Stat. 3410). 

13 (3) The term ‘‘micro-purchase’’ means a pur14 chase in an amount not in excess of the micro-pur15 chase threshold, as defined in section 32 of the Office 

16 of Federal Procurement Policy Act (41 U.S.C. 428). 

17 (4) The term ‘‘multi-agency contract’’ means any 

18 contract available for use by more than 1 executive 

19 agency. 

20 TITLE I—ACQUISITION 

21 WORKFORCE 

22 SEC. 101. FEDERAL ACQUISITION WORKFORCE. 

23 (a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION

24 WORKFORCE PROGRAMS.—Section 6 of the Office of Federal 


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1 Procurement Policy Act (41 U.S.C. 405) is amended by 

2 adding at the end the following new subsection: 

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

4 the Senior Executive Service as the Associate Administrator 

5 for Workforce Programs. The Associate Administrator for 

6 Workforce Programs shall be located in the Federal Acquisi7 tion Institute, or its successor. The Associate Administrator 

8 shall be responsible for— 

9 ‘‘(1) supervising the acquisition workforce train10 ing fund established under section 37(h)(3); 

11 ‘‘(2) administering the government-wide acquisi12 tion intern program established under section 43; 

13 ‘‘(3) developing, in coordination with Chief Ac14 quisition Officers and Chief Human Capital Officers, 

15 a human capital strategic plan for the acquisition 

16 workforce of the Federal Government; 

17 ‘‘(4) reviewing and providing input to indi18 vidual agency acquisition workforce succession plans; 

19 ‘‘(5) recommending to the Administrator and 

20 other senior government officials appropriate pro21 grams, policies, and practices to increase the quantity 

22 and quality of the Federal acquisition workforce; and 

23 ‘‘(6) carrying out such other functions as the Ad24 ministrator may assign.’’. 


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1 (b) GOVERNMENT-WIDE ACQUISITION INTERN PRO2 GRAM.—The Office of Federal Procurement Policy Act (41 

3 U.S.C. 403 et seq.) is amended by adding at the end the 

4 following new section: 

5 ‘‘SEC. 43. GOVERNMENT-WIDE ACQUISITION INTERN PRO6 GRAM. 

7 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis8 trator shall establish a government-wide Acquisition Intern 

9 Program to strengthen the Federal acquisition workforce to 

10 carry out its key missions through the Federal procurement 

11 process. The Administrator shall have a goal of involving 

12 not less than 200 college graduates per year in the Acquisi13 tion Intern Program. 

14 ‘‘(b) ADMINISTRATION OF PROGRAMS.—The Associate 

15 Administrator for Acquisition Workforce Programs des16 ignated under section 6(l) shall be responsible for the man17 agement, oversight, and administration of the Acquisition 

18 Intern Program and shall give strong consideration to uti19 lizing existing similar programs and seek to build upon 

20 those programs instead of replacing them or creating new 

21 programs. 

22 ‘‘(c) TERMS OF ACQUISITION INTERN PROGRAM.— 

23 ‘‘(1) BUSINESS-RELATED COURSE WORK RE24 QUIREMENT.— 


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1 ‘‘(A) IN GENERAL.—Each participant in 

2 the Acquisition Intern Program shall have com3 pleted 24 credit hours of business-related college 

4 course work by not later than 3 years after ad5 mission into the program. 

6 ‘‘(B) CERTIFICATION CRITERIA.—The Ad7 ministrator shall establish criteria for certifying 

8 the completion of the course work requirement 

9 under subparagraph (A). 

10 ‘‘(2) STRUCTURE OF PROGRAM.—The Acquisition 

11 Intern Program shall consist of one year of pre12 paratory education and training in Federal procure13 ment followed by 3 years of on-the-job training and 

14 development focused on Federal procurement but in15 cluding rotational assignments in other functional 

16 areas. 

17 ‘‘(3) EMPLOYMENT STATUS OF INTERNS.—In18 terns participating in the Acquisition Intern Pro19 gram shall be considered probationary employees 

20 without civil service protections under chapter 33 of 

21 title 5, United States Code. In administering any 

22 personnel ceiling applicable to an executive agency or 

23 a unit of an executive agency, an individual assigned 

24 as an intern under the program shall not be counted. 


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1 ‘‘(4) AGENCY MANAGEMENT OF PROGRAM.—The 

2 Chief Acquisition Officer of each executive agency, in 

3 consultation with the Chief Human Capital Officer of 

4 such agency, shall establish a central intern manage5 ment function in the agency to supervise and manage 

6 interns participating in the Acquisition Intern Pro7 gram.’’. 

8 (c) CONTINGENCY CONTRACTING CORPS.—The Office 

9 of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), 

10 as amended by subsection (b), is further amended by adding 

11 at the end the following new section: 

12 ‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 

13 ‘‘(a) ESTABLISHMENT.—The Administrator shall es14 tablish a government-wide Contingency Contracting Corps 

15 (in this section, referred to as the ‘Corps’). The members 

16 of the Corps shall be available for deployment in responding 

17 to disasters, natural and man-made, and contingency oper18 ations both within and outside the continental United 

19 States. 

20 ‘‘(b) MEMBERSHIP.—Membership in the Corps shall be 

21 voluntary and open to all Federal employees, including uni22 formed members of the Armed Services, who are currently 

23 members of the Federal acquisition workforce. 

24 ‘‘(c) EDUCATION AND TRAINING.—The Administrator 

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1 ments, and may pay for these additional requirements from 

2 funds available in the acquisition workforce training fund. 

3 ‘‘(d) CLOTHING AND EQUIPMENT.—The Administrator 

4 shall identify any necessary clothing and equipment re5 quirements, and may pay for this clothing and equipment 

6 from funds available in the acquisition workforce training 

7 fund. 

8 ‘‘(e) SALARY.—The salaries for members of the Corps 

9 shall be paid by their parent agencies out of existing appro10 priations. 

11 ‘‘(f) AUTHORITY TO DEPLOY THE CORPS.—The Ad12 ministrator, or the Administrator’s designee, shall have the 

13 authority to determine when members of the Corps shall be 

14 deployed, in consultation with the head of the agency or 

15 agencies employing the members to be deployed. 

16 ‘‘(g) ANNUAL REPORT.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall pro18 vide to the Committee on Homeland Security and 

19 Governmental Affairs and the Committee on Armed 

20 Services of the Senate and the Committee on Over21 sight and Government Reform and the Committee on 

22 Armed Services of the House of Representatives an 

23 annual report on the status of the Contingency Con24 tracting Corps. 


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1 ‘‘(2) CONTENT.—At a minimum, each report 

2 under paragraph (1) shall include the number of 

3 members of the Contingency Contracting Corps, the 

4 fully burdened cost of operating the program, the 

5 number of deployments of members of the program, 

6 and the performance of members of the program in 

7 deployment.’’. 

8 (d) ACQUISITION AND CONTRACTING TRAINING PRO9 GRAMS.—The head of each executive agency, after consulta10 tion with the Associate Administrator for Acquisition Work11 force Programs, shall establish and operate acquisition and 

12 contracting training programs. Such programs shall— 

13 (1) have curricula covering a broad range of ac14 quisition and contracting disciplines corresponding to 

15 the specific acquisition and contracting needs of the 

16 agency involved; 

17 (2) be developed and applied according to rig18 orous standards; and 

19 (3) be designed to maximize efficiency, through 

20 the use of self-paced courses, online courses, on-the-job 

21 training, and the use of remote instructors, wherever 

22 such features can be applied without reducing the ef23 fectiveness of the training or negatively impacting 

24 academic standards. 


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1 (e) GOVERNMENT-WIDE POLICIES AND EVALUATION.— 

2 The Administrator shall issue policies to promote the devel3 opment of performance standards for training and uniform 

4 implementation of this subsection by executive agencies, 

5 with due regard for differences in program requirements 

6 among agencies that may be appropriate and warranted 

7 in view of the agency mission. The Administrator shall 

8 evaluate the implementation of the provisions of subsection 

9 (d) by executive agencies. 

10 (f) CHIEF ACQUISITION OFFICER AUTHORITIES AND

11 RESPONSIBILITIES.—Subject to the authority, direction, 

12 and control of the head of an executive agency, the Chief 

13 Acquisition Officer of such agency shall carry out all pow14 ers, functions, and duties of the head of the agency with 

15 respect to implementation of subsection (d). The Chief Ac16 quisition Officer shall ensure that the policies of the agency 

17 head established in accordance with such subsection are im18 plemented throughout the agency. 

19 (g) ACQUISITION AND CONTRACTING TRAINING RE20 PORTING.—The Administrator shall ensure that the heads 

21 of executive agencies collect and maintain standardized in22 formation on the acquisition and contracting workforce re23 lated to the implementation of subsection (d). 

24 (h) ACQUISITION WORKFORCE HUMAN CAPITAL SUC25 CESSION PLAN.— 


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

2 the date of the enactment of this Act, each Chief Ac3 quisition Officer for an executive agency appointed 

4 pursuant to section 16 of the Office of Federal Pro5 curement Policy Act (41 U.S.C. 414) shall develop, in 

6 consultation with the Chief Human Capital Officer 

7 for the agency and the Associate Administrator for 

8 Acquisition Workforce Programs, a succession plan 

9 consistent with the agency’s strategic human capital 

10 plan for the recruitment, development, and retention 

11 of the agency’s acquisition workforce, with a par12 ticular focus on warranted contracting officers and 

13 program managers of the agency. 

14 (2) CONTENT OF PLAN.—The acquisition work15 force succession plan shall address— 

16 (A) recruitment goals for personnel from 

17 procurement intern programs; 

18 (B) the agency’s acquisition workforce 

19 training needs; 

20 (C) actions to retain high performing acqui21 sition professionals who possess critical relevant 

22 skills; 

23 (D) recruitment goals for personnel from the 

24 Federal Career Intern Program; and 


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1 (E) recruitment goals for personnel from the 

2 Presidential Management Fellows Program. 

3 (i) AUTHORIZATION OF APPROPRIATIONS FOR ACQUI4 SITION PROGRAMS.— 

5 (1) AUTHORIZATION.—There is authorized to be 

6 appropriated $5,000,000 for each of fiscal years 2008 

7 and 2009 for the acquisition workforce training fund. 

8 (2) USE OF FUNDS.—Amounts appropriated 

9 pursuant to the authorization of appropriations in 

10 paragraph (1) shall be used for— 

11 (A) the establishment salary of the Associate 

12 Administrator for Acquisition Workforce Train13 ing Programs; 

14 (B) the establishment and operations of the 

15 Acquisition Intern Program and the Contin16 gency Contracting Corps; 

17 (C) the costs of administering the acquisi18 tion workforce training fund, not to exceed 10 

19 percent of the total funds available in the Fund; 

20 and 

21 (D) the equipping, education, and training 

22 of participants in the Acquisition Intern Pro23 gram, personnel recruited from the Presidential 

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1 cruited from the Federal Career Intern Program, 

2 and Contingency Contracting Corps Program. 

3 (3) AVAILABILITY.—Amounts appropriated pur4 suant to the authorization of appropriations under 

5 paragraph (1) shall remain available until expended. 

6 (j) ELIMINATION OF SUNSET PROVISION FOR ACQUISI7 TION WORKFORCE TRAINING FUND.—Section 37(h)(3) of 

8 the Office of Federal Procurement Policy Act (41 U.S.C. 

9 433(h)(3)) is amended by striking subparagraph (H). 

10 (k) TRAINING IN THE ACQUISITION OF ARCHITECT AND

11 ENGINEERING SERVICES.—The Administrator for Federal 

12 Procurement Policy shall ensure that a sufficient number 

13 of Federal employees are trained in the acquisition of archi14 tect and engineering services. 

15 (l) EXTENSION OF DIRECT HIRING AUTHORITY.—Sec16 tion 1413(b) of the Services Acquisition Reform Act of 2003 

17 (title XIV of Public Law 108–136) is amended by striking 

18 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2010’’. 

19 (m) QUALIFICATIONS OF CHIEF ACQUISITION OFFI20 CERS.—Section 16(a) of the Office of Federal Procurement 

21 Policy Act (41 U.S.C. 414) is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(2) Chief Acquisition Officers shall be appointed from 

24 among persons who have an extensive management back25 ground.’’. 


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1 (n) UTILIZATION OF RECRUITMENT AND RETENTION

2 AUTHORITIES.—The Administrator for Federal Procure3 ment Policy, in coordination with the Director of the Office 

4 of Personnel Management, shall encourage agencies to uti5 lize existing authorities, including direct hire authority and 

6 tuition assistance programs, to recruit and retain acquisi7 tion personnel and consider recruiting acquisition per8 sonnel who may be retiring from the private sector, con9 sistent with existing laws and regulations. 

10 TITLE II—COMPETITION AND 

11 ACCOUNTABILITY 

12 SEC. 201. REQUIREMENT FOR PURCHASE OF PROPERTY 

13 AND SERVICES PURSUANT TO MULTIPLE 

14 AWARD CONTRACTS. 

15 (a) REGULATIONS REQUIRED.—Not later than 180 

16 days after the date of the enactment of this Act, the Admin17 istrator for Federal Procurement Policy shall promulgate 

18 in the Federal Acquisition Regulation, regulations requir19 ing competition in the purchase of property and services 

20 by all executive agencies pursuant to multiple award con21 tracts. 

22 (b) CONTENT OF REGULATIONS.— 

23 (1) IN GENERAL.—The regulations required by 

24 subsection (a) shall provide, at a minimum, that each 

25 individual purchase of property or services in excess 


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1 of the simplified acquisition threshold that is made 

2 under a multiple award contract shall be made on a 

3 competitive basis unless a contracting officer— 

4 (A) waives the requirement on the basis of 

5 a determination that— 

6 (i) one of the circumstances described 

7 in paragraphs (1) through (4) of section 

8 303J(b) of the Federal Property and Ad9 ministrative Services Act of 1949 (41 

10 U.S.C. 253j(b)) or section 2304c(b) of title 

11 10, United States Code, applies to such in12 dividual purchase; or 

13 (ii) a law expressly authorizes or re14 quires that the purchase be made from a 

15 specified source; and 

16 (B) justifies the determination in writing. 

17 (2) COMPETITIVE BASIS PROCEDURES.—For pur18 poses of this subsection, an individual purchase of 

19 property or services is made on a competitive basis 

20 only if it is made pursuant to procedures that— 

21 (A) except as provided in paragraph (3), re22 quire fair notice of the intent to make that pur23 chase (including a description of the work to be 

24 performed and the basis on which the selection 

25 will be made) to be provided to all contractors 


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1 offering such property or services under the mul2 tiple award contract; and 

3 (B) afford all contractors responding to the 

4 notice a fair opportunity to make an offer and 

5 have that offer fairly considered by the official 

6 making the purchase. 

7 (3) EXCEPTION TO NOTICE REQUIREMENT.— 

8 (A) IN GENERAL.—Notwithstanding para9 graph (2)(A), and subject to subparagraph (B), 

10 notice may be provided to fewer than all contrac11 tors offering such property or services under a 

12 multiple award contract as described in sub13 section (d)(2)(A) if notice is provided to as 

14 many contractors as practicable. 

15 (B) LIMITATION ON EXCEPTION.—A pur16 chase may not be made pursuant to a notice that 

17 is provided to fewer than all contractors under 

18 subparagraph (A) unless— 

19 (i) offers were received from at least 3 

20 qualified contractors; or 

21 (ii) a contracting officer of the execu22 tive agency determines in writing that no 

23 additional qualified contractors were able to 

24 be identified despite reasonable efforts to do 

25 so. 


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1 (c) NOTICE REQUIREMENTS RELATED TO SOLE

2 SOURCE TASK OR DELIVERY ORDERS.—The Administrator 

3 for Federal Procurement Policy shall promulgate regula4 tions in the Federal Acquisition Regulation requiring the 

5 head of each executive agency— 

6 (1) to publish on FedBizOpps notice of all sole 

7 source task or delivery orders in excess of the sim8 plified acquisition threshold (as defined by section 4 

9 of the Office of Federal Procurement Policy Act (41 

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

11 contracts or multiple award blanket purchase agree12 ments not later than 10 days after such orders are 

13 placed, except in the event of extraordinary cir14 cumstances or classified orders; and 

15 (2) to publish on the Internet website of the exec16 utive agency and on FedBizOpps the justification and 

17 approval documents related to sole source task or de18 livery orders placed against multiple award contracts 

19 or multiple award blanket purchase agreements not 

20 later than 14 days after such orders are placed, except 

21 in the event of extraordinary circumstances or classi22 fied orders. 

23 (d) DEFINITIONS.—In this section: 

24 (1) The term ‘‘individual purchase’’ means a 

25 task order, delivery order, or other purchase. 


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1 (2) The term ‘‘multiple award contract’’ 

2 means— 

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

4 Administrator of General Services under the 

5 multiple award schedule program referred to in 

6 section 2302(2)(C) of title 10, United States 

7 Code; 

8 (B) a multiple award task order contract 

9 that is entered into under the authority of sec10 tions 2304a through 2304d of title 10, United 

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

12 the Federal Property and Administrative Serv13 ices Act of 1949 (41 U.S.C. 253h through 253k); 

14 and 

15 (C) any other indefinite delivery, indefinite 

16 quantity contract that is entered into by the 

17 head of an executive agency with 2 or more 

18 sources pursuant to the same solicitation. 

19 (e) APPLICABILITY.—The regulations promulgated by 

20 the Administrator for Federal Procurement Policy pursu21 ant to subsection (a) shall take effect not later than 180 

22 days after the date of the enactment of this Act and shall 

23 apply to all individual purchases of property or services 

24 that are made under multiple award contracts on or after 

25 such effective date, without regard to whether the multiple 


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1 award contracts were entered into before, on, or after such 

2 effective date. 

3 SEC. 202. STATEMENT OF WORK REQUIREMENTS FOR CER4 TAIN TASK OR DELIVERY ORDERS. 

5 (a) CIVILIAN CONTRACTS.—Section 303J(c) of the Fed6 eral Property and Administrative Services Act of 1949 (41 

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

8 ‘‘(c) STATEMENT OF WORK AND SELECTION BASIS.— 

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

10 shall include a statement of work that clearly specifies 

11 all tasks to be performed or property to be delivered 

12 under the order. 

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

14 THE THRESHOLD FOR USE OF SIMPLIFIED PROCE15 DURES FOR COMMERCIAL ITEMS.—The statement of 

16 work for a task or delivery order in excess of the 

17 threshold for use of simplified procedures for commer18 cial items under a task or delivery order contract 

19 shall be made available to each contractor awarded 

20 such contract and shall— 

21 ‘‘(A) include a clear statement of the execu22 tive agency’s requirements; 

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

24 ‘‘(C) disclose the significant factors and sub25 factors that the executive agency expects to conVerDate Aug 31 2005 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\S680.RS S680

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1 sider in evaluating proposals, including cost, 

2 price, past performance, and the relative impor3 tance of those and other factors; 

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

5 made on a best value basis, include a written 

6 statement documenting the basis for the award 

7 and the relative importance of quality, past per8 formance, and price or cost factors; and 

9 ‘‘(E) provide an opportunity for a post10 award debriefing consistent with the require11 ments of section 303B(e).’’. 

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

13 10, United States Code, is amended to read as follows: 

14 ‘‘(c) STATEMENT OF WORK AND SELECTION BASIS.— 

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

16 shall include a statement of work that clearly specifies 

17 all tasks to be performed or property to be delivered 

18 under the order. 

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

20 THE THRESHOLD FOR USE OF SIMPLIFIED PROCE21 DURES FOR COMMERCIAL ITEMS.—The statement of 

22 work for a task or delivery order in excess of the 

23 threshold for use of simplified procedures for commer24 cial items under a task or delivery order contract 


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1 shall be made available to each contractor awarded 

2 such contract and shall— 

3 ‘‘(A) include a clear statement of the agen4 cy’s requirements; 

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

6 ‘‘(C) disclose the significant factors and sub7 factors that the agency expects to consider in 

8 evaluating proposals, including cost, price, past 

9 performance, and the relative importance of 

10 those and other factors; 

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

12 made on a best value basis, include a written 

13 statement documenting the basis for the award 

14 and the relative importance of quality, past per15 formance, and price or cost factors; and 

16 ‘‘(E) provide an opportunity for a post17 award debriefing consistent with the require18 ments of section 2305(b)(5) of this title.’’. 

19 SEC. 203. PROTESTS OF TASK AND DELIVERY ORDERS. 

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

21 of the Federal Property and Administrative Services Act 

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

23 ‘‘(d) PROTESTS.—A protest is not authorized in con24 nection with the issuance or proposed issuance of a task 

25 or delivery order except for— 


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1 ‘‘(1) a protest on the ground that the order in2 creases the scope, period, or maximum value of the 

3 contract under which the order is issued; or 

4 ‘‘(2) a protest by an interested party of an order 

5 valued at greater than the threshold established pursu6 ant to section 203(c) of the Accountability in Govern7 ment Contracting Act of 2007.’’. 

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

9 10, United States Code is amended to read as follows: 

10 ‘‘(d) PROTESTS.—A protest is not authorized in con11 nection with the issuance or proposed issuance of a task 

12 or delivery order except for— 

13 ‘‘(1) a protest on the ground that the order in14 creases the scope, period, or maximum value of the 

15 contract under which the order is issued; or 

16 ‘‘(2) a protest by an interested party of an order 

17 valued at greater than the threshold established pursu18 ant to section 203(c) of the Accountability in Govern19 ment Contracting Act of 2007.’’. 

20 (c) ESTABLISHMENT OF THRESHOLD.—The Adminis21 trator for Federal Procurement Policy shall promulgate a 

22 rule in the Federal Acquisition Regulation establishing a 

23 threshold for protests under section 303J(d) of the Federal 

24 Property and Administrative Services Act of 1949 (41 

25 U.S.C. 253j(d)) and section 2304c(d) of title 10, United 


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1 States Code, as amended by subsections (a) and (b), respec2 tively. The threshold shall be $5,000,000 unless the Admin3 istrator determines that the threshold is unduly burdensome 

4 on executive agencies, in which case the Administrator may 

5 increase the threshold, but in no case shall the threshold ex6 ceed $25,000,000. The threshold shall be $5,000,000 until 

7 a final rule is promulgated in accordance with such deter8 mination. 

9 SEC. 204. 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 ‘‘; and’’ 

15 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 of 

22 the agency and FedBizOpps.’’. 

23 (b) DEFENSE CONTRACTS.—Section 2304(f) of title 10, 

24 United States Code, is amended— 


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

2 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 of 

9 the agency and FedBizOpps.’’. 

10 SEC. 205. LIMITATION ON LENGTH OF CERTAIN NON11 COMPETITIVE CONTRACTS. 

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

13 the Federal Property and Administrative Services Act of 

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

15 the following new paragraph: 

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

17 subparagraph (B) that is entered into by an executive agen18 cy pursuant to the authority provided under subsection 

19 (c)(2)— 

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

21 ‘‘(I) to meet the unusual and compelling re22 quirements of the work to be performed under the 

23 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 270 days unless the head of 

4 the executive agency entering into such contract deter5 mines 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 Procurement 

9 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 in 

14 subparagraph (B) that is entered into by an agency pursu15 ant to the authority provided under subsection (c)(2)— 

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

17 ‘‘(I) to meet the unusual and compelling re18 quirements of the work to be performed under the 

19 contract; and 

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

21 contract for the required goods or services 

22 through the use of competitive procedures; and 

23 ‘‘(ii) may not exceed 270 days unless the head of 

24 the agency entering into such contract determines that 

25 exceptional circumstances apply. 


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

2 amount greater than the simplified acquisition threshold 

3 (as defined by section 4 of the Office of Federal Procurement 

4 Policy Act (41 U.S.C. 403)).’’. 

5 SEC. 206. PROHIBITION ON AWARD OF CERTAIN LARGE 

6 TASK OR DELIVERY ORDER CONTRACTS FOR 

7 SERVICES. 

8 (a) CIVILIAN AGENCY CONTRACTS.—Section 303H(d) 

9 of the Federal Property and Administrative Services Act 

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

11 end the following new paragraph: 

12 ‘‘(4)(A) No task or delivery order contract for services 

13 in an amount estimated to exceed $100,000,000 (including 

14 all options) may be awarded to a single contractor unless 

15 the head of the executive agency determines in writing 

16 that— 

17 ‘‘(i) because of the size, scope, or method of per18 formance of the requirement, it would not be practical 

19 to award multiple task or delivery order contracts; 

20 ‘‘(ii) the task orders expected under the contract 

21 are so integrally related that only a single contractor 

22 can reasonably perform the work; or 

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

24 public interest to award the contract to a single con25 tractor. 


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1 ‘‘(B) The head of the executive agency shall notify Con2 gress within 30 days of any determination under subpara3 graph (A)(iii). 

4 ‘‘(C) The head of the executive agency shall post the 

5 justification and approval documents related to a deter6 mination under subparagraph (A) on the Internet website 

7 of the agency and on the Federal Business Opportunities 

8 (FedBizOpps) Internet website.’’. 

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

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

11 the following new paragraph: 

12 ‘‘(4)(A) No task or delivery order contract for services 

13 in an amount estimated to exceed $100,000,000 (including 

14 all options) may be awarded to a single contractor unless 

15 the head of the agency determines in writing that— 

16 ‘‘(i) because of the size, scope, or method of per17 formance of the requirement, it would not be practical 

18 to award multiple task or delivery order contracts; 

19 ‘‘(ii) the task orders expected under the contract 

20 are so integrally related that only a single contractor 

21 can reasonably perform the work; or 

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

23 public interest to award the contract to a single con24 tractor. 


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

2 within 30 days of any determination under subparagraph 

3 (A)(iii). 

4 ‘‘(C) The head of the agency shall post the justification 

5 and approval documents related to a determination under 

6 subparagraph (A) on the Internet website of the agency and 

7 on the Federal Business Opportunities (FedBizOpps) Inter8 net website.’’. 

9 SEC. 207. GUIDANCE ON USE OF TIERED EVALUATIONS OF 

10 OFFERS FOR CONTRACTS AND TASK ORDERS 

11 UNDER CONTRACTS. 

12 (a) GUIDANCE REQUIRED.—The Administrator for 

13 Federal Procurement Policy shall prescribe guidance for ex14 ecutive agencies on the use of tiered evaluations of offers 

15 for contracts and for task or delivery orders under contracts. 

16 In prescribing such guidance, the Administrator shall give 

17 full consideration to the guidance prescribed by the Sec18 retary of Defense under section 816 of the National Defense 

19 Authorization Act for Fiscal Year 2006 (Public Law 109– 

20 163; 10 U.S.C. 2305). 

21 (b) ELEMENTS.—The guidance prescribed under sub22 section (a) shall include a prohibition on the initiation by 

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

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

25 unless the contracting officer— 


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1 (1) has conducted market research in accordance 

2 with part 10 of the Federal Acquisition Regulation in 

3 order to determine whether or not a sufficient number 

4 of qualified small businesses are available to justify 

5 limiting competition for the award of such contract or 

6 task or delivery order under applicable law and regu7 lations; 

8 (2) is unable, after conducting market research 

9 under paragraph (1), to make the determination de10 scribed in that paragraph; and 

11 (3) includes in the contract file a written expla12 nation of why such contracting officer was unable to 

13 make such determination. 

14 SEC. 208. GUIDANCE ON USE OF COST-REIMBURSEMENT 

15 CONTRACTS. 

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

17 date of the enactment of this Act, the Administrator for Fed18 eral Procurement Policy shall promulgate in the Federal 

19 Acquisition Regulation, regulations outlining the proper 

20 use of cost-reimbursement contracts. 

21 (b) CONTENT.—The regulations promulgated under 

22 subsection (a) shall include at minimum guidance regard23 ing— 

24 (1) when and under what circumstances cost re25 imbursement contracts are appropriate; 


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1 (2) the acquisition plan findings necessary to 

2 support a decision to use cost reimbursement con3 tracts; and 

4 (3) the acquisition workforce resources necessary 

5 to award and manage cost reimbursement contracts. 

6 (c) INSPECTOR GENERAL REVIEW.—The Inspector 

7 General for each executive agency shall develop and submit 

8 as part of its annual audit plan a review of the use of cost 

9 reimbursement contracts. 

10 SEC. 209. PREVENTING CONFLICTS OF INTEREST. 

11 (a) ORGANIZATIONAL CONFLICTS OF INTEREST.—The 

12 Administrator for Federal Procurement Policy shall create 

13 new, uniform, government-wide policies aimed at pre14 venting and mitigating organizational conflicts of interest 

15 in Federal contracting, including— 

16 (1) considering development of a standard orga17 nizational conflict of interest clause, or a set of stand18 ard organizational conflict of interest clauses, for in19 clusion in solicitations and contracts that set forth the 

20 contractor’s responsibilities with respect to its em21 ployees, subcontractors, partners, and any other affili22 ated organizations or individuals; 

23 (2) addressing conflicts that may arise in the 

24 context of developing requirements and statements of 


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1 work, the selection process, and contract administra2 tion; 

3 (3) ensuring that adequate organizational con4 flict of interest safeguards are enacted in situations in 

5 which contractors are employed by the Federal Gov6 ernment to oversee other contractors or are hired to 

7 assist in the acquisition process; 

8 (4) ensuring that any policies or clauses devel9 oped address conflicts of interest that may arise from 

10 financial interests, unfair competitive advantages, 

11 and impaired objectivity; and 

12 (5) maintaining a repository of best practices re13 lating to the prevention of organizational conflicts of 

14 interest. 

15 (b) PERSONAL CONFLICTS OF INTEREST.—The Ad16 ministrator for Federal Procurement Policy shall create 

17 new, uniform, government-wide policies aimed at pre18 venting personal conflicts of interest by contractor employ19 ees in Federal contracting, including— 

20 (1) determining whether greater disclosure, spe21 cific prohibitions, or reliance on specified principles 

22 will accomplish the end objective of ethical behavior; 

23 (2) identifying types of contracts that raise 

24 heightened concerns for potential conflicts of interest; 


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1 (3) considering the development of a standard 

2 ethics clause or a set of standard ethics clauses that 

3 set forth the contractor’s responsibility for inclusion 

4 in solicitations and contracts; and 

5 (4) maintaining a repository of best practices re6 lating to the prevention of personal conflicts of inter7 est. 

8 (c) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Administrator for Federal 

10 Procurement Policy shall submit to the Committee on 

11 Homeland Security and Governmental Affairs of the Senate 

12 and the Committee on Oversight and Government Reform 

13 of the House of Representatives a report on actions taken 

14 under this section. 

15 SEC. 210. LINKING OF AWARD AND INCENTIVE FEES TO AC16 QUISITION OUTCOMES. 

17 (a) GUIDANCE ON LINKING OF AWARD AND INCENTIVE

18 FEES TO ACQUISITION OUTCOMES.—Not later than 180 

19 days after the date of the enactment of this Act, the Admin20 istrator for Federal Procurement Policy shall issue guid21 ance, with detailed implementation instructions (including 

22 definitions), for executive agencies on the appropriate use 

23 of award and incentive fees in Federal acquisition pro24 grams. 


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1 (b) ELEMENTS.—The guidance under subsection (a) 

2 shall— 

3 (1) ensure that all new contracts using award 

4 fees link such fees to acquisition outcomes (which shall 

5 be defined in terms of program cost, schedule, and 

6 performance); 

7 (2) establish standards for identifying the appro8 priate level of officials authorized to approve the use 

9 of award and incentive fees in new contracts; 

10 (3) provide guidance on the circumstances in 

11 which contractor performance may be judged to be 

12 ‘‘excellent’’ or ‘‘superior’’and the percentage of the 

13 available award fee which contractors should be paid 

14 for such performance; 

15 (4) establish standards for determining the per16 centage of the available award fee, if any, which con17 tractors should be paid for performance that is judged 

18 to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’, ‘‘good’’, or 

19 ‘‘satisfactory’’; 

20 (5) ensure that no award fee may be paid for 

21 contractor performance that is judged to be below sat22 isfactory performance or performance that does not 

23 meet the basic requirements of the contract; 

24 (6) provide specific direction on the cir25 cumstances, if any, in which it may be appropriate 


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1 to roll over award fees that are not earned in one 

2 award fee period to a subsequent award fee period or 

3 periods; 

4 (7) ensure consistent use of guidelines and defi5 nitions relating to award and incentive fees across the 

6 Federal Government; 

7 (8) ensure that each executive agency— 

8 (A) collects relevant data on award and in9 centive fees paid to contractors; and 

10 (B) has mechanisms in place to evaluate 

11 such data on a regular basis; 

12 (9) include performance measures to evaluate the 

13 effectiveness of award and incentive fees as a tool for 

14 improving contractor performance and achieving de15 sired program outcomes; and 

16 (10) provide mechanisms for sharing proven in17 centive strategies for the acquisition of different types 

18 of products and services among contracting and pro19 gram management officials. 

20 TITLE III—ACCOUNTABILITY 

21 AND ADMINISTRATION 

22 SEC. 301. RECORDING OF OBLIGATIONS ON TASK ORDER 

23 CONTRACTS. 

24 (a) CIVILIAN CONTRACTS.— 


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

2 Property and Administrative Services Act of 1949 (41 

3 U.S.C. 253h) is amended— 

4 (A) by redesignating subsections (f) and (g) 

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

6 (B) by inserting after subsection (e) the fol7 lowing new subsection: 

8 ‘‘(f) AUTHORITY TO DEFER RECORDING OBLIGATIONS

9 ON TASK OR DELIVERY ORDER CONTRACTS.—(1) Subject 

10 to paragraphs (2) and (3), the head of an executive 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 executive agency for exceptional circumstances. 

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

20 a contract may be satisfied by multiple task or delivery or21 ders, but the full value of each individual task or delivery 

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

23 (2) ADVISORY AND ASSISTANCE SERVICES.—Sec24 tion 303I of such Act (41 U.S.C. 253i) is amended— 


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1 (A) by redesignating subsections (h) and (i) 

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

3 (B) by inserting after subsection (g) the fol4 lowing new subsection: 

5 ‘‘(h) AUTHORITY TO DEFER RECORDING OBLIGATIONS

6 ON TASK OR DELIVERY ORDER CONTRACTS.—(1) Subject 

7 to paragraphs (2) and (3), the head of an executive agency 

8 may defer the recording of an obligation, including an obli9 gation in the amount of the guaranteed minimum, under 

10 a contract awarded under this section until the issuance 

11 of a task or delivery order. 

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

13 a contract must be obligated during the same fiscal year 

14 during which the contract is awarded unless waived by the 

15 head of the executive agency for exceptional circumstances. 

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

17 a contract may be satisfied by multiple task or delivery or18 ders, but the full value of each individual task or delivery 

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

20 (b) DEFENSE CONTRACTS.— 

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

22 United States Code, is amended— 

23 (A) by redesignating subsections (g) and (h) 

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


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1 (B) by inserting after subsection (f) the fol2 lowing new subsection: 

3 ‘‘(g) AUTHORITY TO DEFER RECORDING OBLIGATIONS

4 ON TASK OR DELIVERY ORDER CONTRACTS.—(1) Subject 

5 to paragraphs (2) and (3), the head of an agency may defer 

6 the recording of an obligation, including an obligation in 

7 the amount of the guaranteed minimum, under a contract 

8 awarded under this section until the issuance of a task or 

9 delivery order. 

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

11 a contract must be obligated during the same fiscal year 

12 during which the contract is awarded unless waived by the 

13 head of the agency for exceptional circumstances. 

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

15 a contract may be satisfied by multiple task or delivery or16 ders, but the full value of each individual task or delivery 

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

18 (2) ADVISORY AND ASSISTANCE SERVICES.—Sec19 tion 2304b of title 10, United States Code, is amend20 ed— 

21 (A) by redesignating subsection (f) as sub22 sections (g); and 

23 (B) by inserting after subsection (e) the fol24 lowing new subsection: 


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1 ‘‘(f) AUTHORITY TO DEFER RECORDING OBLIGATIONS

2 ON TASK OR DELIVERY ORDER CONTRACTS.—(1) Subject 

3 to paragraphs (2) and (3), the head of an agency may defer 

4 the recording of an obligation, including an obligation in 

5 the amount of the guaranteed minimum, under a contract 

6 awarded under this section until the issuance of a task or 

7 delivery order. 

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

9 a contract must be obligated during the same fiscal year 

10 during which the contract is awarded unless waived by the 

11 head of the agency for exceptional circumstances. 

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

13 a contract may be satisfied by multiple task or delivery or14 ders, but the full value of each individual task or delivery 

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

16 SEC. 302. DEFINITIZING OF LETTER CONTRACTS. 

17 (a) CIVILIAN CONTRACTS.—The Federal Property and 

18 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) 

19 is amended by adding at the end the following new section: 

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

21 ‘‘The head of an executive agency shall unilaterally de22 termine all missing terms in an undefinitized letter con23 tract that have not been agreed upon within 180 days after 

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1 pleted. Any terms so determined shall be subject to the con2 tract disputes process.’’. 

3 (b) DEFENSE CONTRACTS.— 

4 (1) DEFINITIZING OF LETTER CONTRACTS.— 

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

6 amended by inserting after at the end the following 

7 new section: 

8 ‘‘§ 2334. Definitizing of letter contracts 

9 ‘‘The head of an agency shall unilaterally determine 

10 all missing terms in an undefinitized letter contract that 

11 have not been agreed upon within 180 days after such letter 

12 contract has been entered into or before the funds obligated 

13 under such letter contract exceed 50 percent of the not-to14 exceed cost of the contract. Any terms so determined shall 

15 be subject to the contract disputes process.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended by 

18 adding at the end the following new item: 

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

19 SEC. 303. PREVENTING ABUSE OF INTERAGENCY CON20 TRACTS AND ASSISTED ACQUISITION SERV21 ICES. 

22 (a) OFFICE OF MANAGEMENT AND BUDGET POLICY

23 GUIDANCE.— 

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

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


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1 the Director of the Office of Management and Budget 

2 shall— 

3 (A) submit to Congress a comprehensive re4 port on interagency acquisitions, including their 

5 frequency of use, management controls, cost-effec6 tiveness, and savings generated; and 

7 (B) issue guidelines to assist the heads of 

8 executive agencies in improving the management 

9 of interagency acquisitions. 

10 (2) MATTERS COVERED BY GUIDELINES.—For 

11 purposes of paragraph (1)(B), the Director shall in12 clude guidelines on the following matters: 

13 (A) Procedures for the use of interagency 

14 acquisitions to maximize competition, deliver 

15 best value to executive agencies, and minimize 

16 waste, fraud, and abuse. 

17 (B) Categories of contracting inappropriate 

18 for interagency acquisition, due to high risk of 

19 waste, fraud, or abuse. 

20 (C) Requirements for training acquisition 

21 workforce personnel in the proper use of inter22 agency acquisitions. 

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

24 year after the date of the enactment of this Act, the Federal 


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1 Acquisition Regulation shall be revised to require that all 

2 assisted acquisitions— 

3 (1) include a written agreement between the re4 questing agency and the servicing agency assigning 

5 responsibility for the administration and manage6 ment of the contract; 

7 (2) include a determination that an assisted ac8 quisition is the best procurement alternative; and 

9 (3) include sufficient documentation to ensure an 

10 adequate audit. 

11 (c) AGENCY REPORTING REQUIREMENT.—The senior 

12 procurement executive for each executive agency shall, as 

13 directed by the Director of the Office of Management and 

14 Budget, submit to the Director annual reports on the ac15 tions taken by the executive agency pursuant to the guide16 lines issued under subsection (a). 

17 (d) REPORT ON INTERAGENCY CONTRACTING.— 

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

19 the date of the enactment of this Act, the Adminis20 trator for Federal Procurement Policy shall report on 

21 a survey of existing interagency contracts. 

22 (2) CONTENT.—The report under paragraph (1) 

23 shall include the following information: 

24 (A) The number of interagency contracts 

25 that are currently in operation, and the scope, 


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1 sponsoring agencies, primary users, activity lev2 els (in terms of orders and value) for the most 

3 recent fiscal year, and rationales for such con4 tracts. 

5 (B) The level of acquisition activity con6 ducted by the Intergovernmental Revolving 

7 Funds (including the Franchise Funds) on behalf 

8 of other executive agencies. 

9 (C) The number of enterprisewide, single 

10 agency contracts that are currently in operation, 

11 and the scope, activity levels (in terms of orders 

12 and value) for the most recent fiscal year, and 

13 rationales for such contracts. 

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

15 Management and Budget shall make the report under 

16 this subsection publicly available, subject to applica17 ble statutory and regulatory limits on the release of 

18 such information. 

19 (e) REVIEW OF FEDERAL SUPPLY SCHEDULE CON20 TRACTS.—Not later than 270 days after the date of the en21 actment of this Act, the Administrator of General Services 

22 shall review existing Federal Supply Schedule (FSS) con23 tracts to determine whether, in light of the entire inventory 

24 of interagency contracts, any of the FSS contracts should 

25 be eliminated in order to avoid unnecessary duplication. 


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1 (f) REVIEW AND AUTHORIZATION OF MULTI-AGENCY

2 CONTRACTS.— 

3 (1) REGULATIONS REQUIRED.—Not later than 

4 180 days after the date of the enactment of this Act, 

5 the Administrator for Federal Procurement Policy 

6 shall publish in the Federal Acquisition Regulation, 

7 regulations requiring that the acquisition plan in 

8 support of multi-agency contracts shall include a 

9 business case analysis justifying the award and ad10 ministration of the contract. At a minimum, the busi11 ness case shall include the fully burdened cost to the 

12 Federal Government of awarding and administering 

13 the contract and the impact the contract will have on 

14 the ability of the Federal Government to leverage its 

15 buying power. 

16 (2) REVIEW.—Not later than 270 days after the 

17 date of enactment of this Act, the Administrator for 

18 Federal Procurement Policy, in consultation with the 

19 Administrator of General Services, shall review all 

20 multi-agency contracts and determine whether each 

21 contract is cost effective or redundant with existing 

22 contracts available for multi-agency use. 

23 (3) APPROVAL REQUIRED.—No executive agency 

24 may exercise an option on an existing multi-agency 

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1 out the express written approval of the Administrator 

2 for Federal Procurement Policy. 

3 (4) EVALUATION OF COSTS.—In determining 

4 whether a contract is cost effective, the Administrator 

5 shall evaluate the fully burdened costs associated with 

6 awarding and maintaining the contract. In the event 

7 that the fully burdened costs cannot be determined, 

8 the Administrator shall use the same formula for de9 termining agency performance of a function identified 

10 in OMB Circular A–76. 

11 (g) REVIEW OF OTHER INDEFINITE DELIVERY, IN12 DEFINITE QUANTITY CONTRACTS.— 

13 (1) REVIEW.—Not later than 270 days after the 

14 date of the enactment of this Act, the head of each ex15 ecutive agency, in consultation with the Adminis16 trator for Federal Procurement Policy, shall review 

17 all indefinite delivery, indefinite quantity contracts 

18 awarded by the executive agency and determine 

19 whether those contracts are cost effective or redundant 

20 with other contracts within the agency or available 

21 for the agency’s use. 

22 (2) EVALUATION OF COSTS.—In determining 

23 whether a contract is cost effective, the head of the ex24 ecutive agency shall evaluate the fully burdened costs 

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1 tract. In cases where the fully burdened costs cannot 

2 be determined, the Administrator shall use the same 

3 formula for determining Agency performance of a 

4 function identified in Office of Management and 

5 Budget Circular A–76. 

6 (h) IMPROVED TRANSPARENCY OF INTERAGENCY CON7 TRACTING DATA.—Not later than 180 days after the date 

8 of the enactment of this Act, the Director of the Office of 

9 Management and Budget shall direct appropriate revisions 

10 to the government-wide procurement system known as the 

11 Federal Procurement Data System-Next Generation in 

12 order to facilitate the collecting and publication of complete 

13 and reliable order-level data on interagency contracting 

14 transactions. 

15 (i) EXECUTIVE AGENCY DEFINED.—In this section, the 

16 term ‘‘executive agency’’ includes the Department of De17 fense, but does not include the military departments and 

18 defense agencies. 

19 SEC. 304. PURCHASE CARD WASTE ELIMINATION. 

20 (a) REQUIREMENT FOR GUIDANCE.— 

21 (1) OFFICE OF MANAGEMENT AND BUDGET POL22 ICY GUIDANCE.—Not later than 180 days after the 

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

24 Office of Management and Budget shall issue guide25 lines to assist the heads of executive agencies in imVerDate Aug 31 2005 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\S680.RS S680

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1 proving the management of the use of the Govern2 mentwide commercial purchase card for making 

3 micro-purchases. The Director shall include guidelines 

4 on the following matters: 

5 (A) Analysis of purchase card expenditures 

6 to identify opportunities for achieving savings 

7 through micro-purchases made in economical 

8 volumes. 

9 (B) Negotiation of discount agreements with 

10 major vendors accepting the purchase card. 

11 (C) Establishment of communication pro12 grams to ensure that purchase cardholders re13 ceive information pertaining to the availability 

14 of discounts, including programs for the training 

15 of purchase cardholders on the availability of 

16 discounts. 

17 (D) Assessment of cardholder purchasing 

18 practices, including use of discount agreements. 

19 (E) Collection and dissemination of best 

20 practices and successful strategies for achieving 

21 savings in micro-purchases. 

22 (F) Analysis of purchase card expenditures 

23 to identify opportunities for achieving and accu24 rately measuring fair participation of small 

25 business concerns in micro-purchases consistent 


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1 with the national policy on small business par2 ticipation in Federal procurement set forth in 

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

4 Act (15 U.S.C. 631(a) and 644(g)), and dissemi5 nation of best practices for participation of 

6 small business concerns in micro-purchases. 

7 (2) GENERAL SERVICES ADMINISTRATION.—The 

8 Administrator of General Services shall— 

9 (A) continue efforts to improve reporting by 

10 financial institutions that issue the Government11 wide commercial purchase card so that the Gen12 eral Services Administration has the data needed 

13 to identify opportunities for achieving savings; 

14 and 

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

16 with major vendors accepting the purchase card 

17 so that any Federal Government purchaser using 

18 the purchase card can benefit from such point19 of-sale discounts. 

20 (3) AGENCY REPORTING REQUIREMENT.—The 

21 senior procurement executive for each executive agen22 cy shall, as directed by the Director of the Office of 

23 Management and Budget, submit to the Director peri24 odic reports on the actions taken in such executive 


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1 agency pursuant to the guidelines issued under para2 graph (1). 

3 (4) CONGRESSIONAL OVERSIGHT.—Not later 

4 than December 31 of the year following the year in 

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

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

7 Management and Budget shall submit to the Com8 mittee on Homeland Security and Governmental Af9 fairs of the Senate and the Committee on Oversight 

10 and Government Reform of the House of Representa11 tives a report summarizing for the fiscal year ending 

12 in the year in which such report is due the progress 

13 made— 

14 (A) in improving the management of the 

15 use of the Governmentwide commercial purchase 

16 card for making micro-purchases; and 

17 (B) in achieving savings in micro-purchases 

18 made with such card, expressed in terms of aver19 age savings achieved by each executive agency in 

20 the use of discount agreements identified in 

21 paragraph (1) and the total savings achieved 

22 Governmentwide. 

23 (b) PAYMENTS TO FEDERAL CONTRACTORS WITH FED24 ERAL TAX DEBT.—The General Services Administration, 

25 in conjunction with the Internal Revenue Service and the 


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1 Financial Management Service, shall develop procedures to 

2 subject purchase card payments to Federal contractors to 

3 the Federal Payment Levy program. 

4 (c) REPORTING OF AIR TRAVEL BY FEDERAL GOVERN5 MENT EMPLOYEES.— 

6 (1) ANNUAL REPORTS REQUIRED.—The Admin7 istrator of the General Services shall submit annually 

8 to the Committee on Homeland Security and Govern9 mental Affairs of the Senate and the Committee on 

10 Oversight and Government Reform of the House of 

11 Representatives a report on all first class and busi12 ness class travel by employees of each executive agency 

13 undertaken at the expense of the Federal Government. 

14 (2) CONTENT.—The reports submitted pursuant 

15 to paragraph (1) shall include, at a minimum, with 

16 respect to each travel by first class or business class— 

17 (A) the names of each traveler; 

18 (B) the date of travel; 

19 (C) the points of origination and destina20 tion; 

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

22 class travel; and 

23 (E) the cost difference between such travel 

24 and travel by coach class. 


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1 SEC. 305. LEAD SYSTEMS INTEGRATORS. 

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

3 of the enactment of this Act, the Administrator for Federal 

4 Procurement Policy shall develop a government-wide defini5 tion of lead systems integrators and complete a study on 

6 the use of such integrators by executive agencies. 

7 (b) GUIDANCE.—Not later than 180 days after the 

8 study under subsection (a) is completed, the Administrator 

9 for Federal Procurement Policy shall issue guidance on the 

10 appropriate use of lead system integrators to ensure that 

11 they are used in the best interests of the Federal Govern12 ment. 

13 SEC. 306. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 

14 (a) REGULATIONS.—The Administrator for Federal 

15 Procurement Policy shall promulgate regulations applicable 

16 to contracts described in subsection (b) to minimize the ex17 cessive use by contractors of subcontractors or tiers of sub18 contractors in cases where a subcontractor does not perform 

19 work in proportion to any overhead or profit that the sub20 contractor receives under the contract. 

21 (b) COVERED CONTRACTS.—This section applies to 

22 any cost-reimbursement type contract or task or delivery 

23 order in an amount greater than the simplified acquisition 

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

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


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1 SEC. 307. RESPONSIBILITY OF CONTRACTORS THAT ARE SE2 RIOUS THREATS TO NATIONAL SECURITY. 

3 (a) RESPONSIBILITY OF CONTRACTOR.—The con4 tracting officer for an executive agency may consider wheth5 er a contractor may pose a serious threat to national secu6 rity in assessing whether a contractor is responsible enough 

7 to be awarded a Federal contract. 

8 (b) REGULATIONS.—Not later than 180 days after the 

9 date of the enactment of this Act, the Administrator for Fed10 eral Procurement Policy shall provide guidance to executive 

11 agencies on implementation of this section. 

12 SEC. 308. REQUIRED CERTIFICATION OF PROGRAM MAN13 AGERS FOR DEPARTMENT OF HOMELAND SE14 CURITY LEVEL ONE PROGRAMS. 

15 Not later than one year after the date of the enactment 

16 of this Act, the Secretary of Homeland Security shall assign 

17 to each program of the Department of Homeland Security 

18 with an estimated value of more than $100,000,000 at least 

19 one program manager certified by the Secretary as com20 petent to administer programs of that size. 

21 SEC. 309. ELIMINATION OF ONE-YEAR LIMITATION ON IN22 TEREST DUE ON LATE PAYMENTS TO CON23 TRACTORS. 

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

25 is amended to read as follows: 


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

2 interest penalty under this chapter does not continue to ac3 crue after a claim for an interest penalty is filed in the 

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

5 SEC. 310. ENSURING THAT FEDERAL EMPLOYEES PERFORM 

6 INHERENTLY GOVERNMENTAL WORK. 

7 The Administrator for Federal Procurement Policy 

8 shall— 

9 (1) analyze the services for which agencies are 

10 contracting (other than through the process governed 

11 by Office of Management and Budget Circular A–76); 

12 (2) establish government-wide guidelines to en13 sure that inherently governmental work is performed 

14 by Federal employees; and 

15 (3) report to the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate and the 

17 Committee on Oversight and Government Reform of 

18 the House of Representatives on actions taken under 

19 this section not later than 180 days after the date of 

20 the enactment of this Act. 

21 SEC. 311. REPORT ON ACQUISITION ADVISORY PANEL RE22 PORT IMPLEMENTATION. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of the enactment of this Act, the Director of the Office 

25 of Management and Budget shall submit to the Committee 


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1 on Homeland Security and Governmental Affairs of the 

2 Senate and the Committee on Oversight and Government 

3 Reform of the House of Representatives a comprehensive re4 port on implementation of the recommendations of the Ac5 quisition Advisory Panel (in this section referred to as the 

6 ‘‘Panel’’) established under section 1423 of the Services Ac7 quisition Reform Act of 2003 (title XIV of Public Law 108– 

8 136; 41 U.S.C. 405 note). 

9 (b) CONTENT.—The report required under subsection 

10 (a) shall include— 

11 (1) a description of the implementation of the 

12 recommendations of the Panel; and 

13 (2) with respect to any recommendations of the 

14 Panel not implemented, a justification and discussion 

15 of the reasons for not implementing such rec16 ommendations. 

17 SEC. 312. REPORT BY THE GOVERNMENT ACCOUNTABILITY 

18 OFFICE. 

19 (a) REPORT.—In order to assess additional actions 

20 that should be taken to further improve the acquisition sys21 tem, the Comptroller General of the United States shall, not 

22 later than 1 year after the date of the enactment of this 

23 Act, conduct reviews and submit one or more reports to 

24 Congress on Federal acquisition policy. 


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1 (b) CONTENT.—The report required under subsection 

2 (a) shall include the following: 

3 (1) An assessment of the 2 statutory standards 

4 governing the qualifications of the government’s ac5 quisition workforce and an assessment of the imple6 mentation of and practical impact of both standards 

7 and whether there should be a single standard for the 

8 acquisition workforce. 

9 (2) A list and assessment of all Federal institu10 tions providing acquisition and program manage11 ment education and training and a recommendation 

12 on the advisability of continuing to offer education 

13 and training through multiple institutions or whether 

14 education and training should be combined at one 

15 government-wide institution. 

16 (3) A review of agency compliance with Section 

17 1412 of the Services Acquisition Reform Act of 2003 

18 (title XIV of Public Law 108–136; 41 U.S.C. 433 

19 note), including whether agencies have appointed 

20 Chief Acquisition Officers whose primary duties are 

21 acquisition management, and recommendations for 

22 the appointment of Chief Acquisition Officers govern23 ment-wide. 

24 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE25 VIEW.—Not later than 18 months after the date of the enactVerDate Aug 31 2005 04:21 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\S680.RS S680

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1 ment of this Act, the Comptroller General of the United 

2 States shall review the determinations made by executive 

3 agencies under section 303(g) regarding indefinite delivery, 

4 indefinite quantity contracts and shall submit to Congress 

5 a report on the implementation of requirements related to 

6 such determinations. 

7 SEC. 313. MAPPING AND SURVEYING SERVICES. 

8 The Administrator for Federal Procurement Policy 

9 shall amend the Federal Acquisition Regulation to provide 

10 guidance on contracting for mapping and surveying serv11 ices in accordance with chapter 11 of title 40, United States 

12 Code, to ensure that these services are being procured 

13 through appropriate competitive procedures and that offers 

14 are evaluated using a qualifications-based selection process. 

15 SEC. 314. TIMELY AND ACCURATE TRANSMISSION OF IN16 FORMATION INCLUDED IN FEDERAL PRO17 CUREMENT DATA SYSTEM. 

18 Section 19 of the Office of Federal Procurement Policy 

19 Act (41 U.S.C. 417(d)) is amended to read as follows: 

20 ‘‘(d) TRANSMISSION AND DATA ENTRY OF INFORMA21 TION.—The head of each executive agency shall ensure the 

22 accuracy of the information included in the record estab23 lished and maintained by such agency under subsection (a) 

24 and shall timely transmit such information to the General 

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1 ment Data System referred to in section 6(d)(4), or any 

2 successor system.’’. 


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Calendar No. 420 

110TH CONGRESS 

1ST SESSION S. 680 

A BILL 

To ensure proper oversight and accountability in 

Federal contracting, and for other purposes. 

OCTOBER 15, 2007 

Reported with an amendment 


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