110TH CONGRESS 

1ST SESSION S. 680

AN ACT

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Accountability in Gov3 ernment Contracting Act of 2007’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

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. Definitizing of letter contracts. 

Sec. 302. Preventing abuse of interagency contracts and assisted acquisition 

services. 

Sec. 303. Purchase card waste elimination. 

Sec. 304. Lead systems integrators. 

Sec. 305. Limitations on tiering of subcontractors. 

Sec. 306. Responsibility of contractors that are serious threats to national security. 

Sec. 307. Required certification of program managers for Department of 

Homeland Security level one programs. 

Sec. 308. Elimination of one-year limitation on interest due on late payments 

to contractors. 

Sec. 309. Ensuring that Federal employees perform inherently governmental 

work. 

Sec. 310. Report on Acquisition Advisory Panel report implementation. 

Sec. 311. Report by the Government Accountability Office. 

Sec. 312. Mapping and surveying services. 

Sec. 313. Timely and accurate transmission of information included in Federal 

Procurement Data System. 

Sec. 314. Use of existing funds for regulations and reports.
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) Except as otherwise provided, the term ‘‘ex4 ecutive agency’’ has the meaning given such term in 

5 section 4 of the Office of Federal Procurement Pol6 icy Act (41 U.S.C. 403). 

7 (2) The term ‘‘assisted acquisition’’ means a 

8 procedure by which an executive agency needing sup9 plies or services (the requesting agency) obtains 

10 them from another executive agency (the servicing 

11 agency). The term includes acquisitions under sec12 tion 1535 of title 31, United States Code (commonly 

13 referred to as the ‘‘Economy Act’’), title III of the 

14 Federal Property and Administrative Services Act of 

15 1949 (41 U.S.C. 251 et seq.), the Clinger-Cohen Act 

16 of 1996 (division E of Public Law 104–106), and 

17 the Government Management Reform Act of 1994 

18 (Public Law 103–356; 108 Stat. 3410). 

19 (3) The term ‘‘micro-purchase’’ means a pur20 chase in an amount not in excess of the micro-pur21 chase threshold, as defined in section 32 of the Of22 fice of Federal Procurement Policy Act (41 U.S.C. 

23 428). 

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

25 any contract available for use by more than 1 execu26 tive agency. 
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1 TITLE I—ACQUISITION 

2 WORKFORCE 

3 SEC. 101. FEDERAL ACQUISITION WORKFORCE. 

4 (a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION

5 WORKFORCE PROGRAMS.—Section 6 of the Office of Fed6 eral Procurement Policy Act (41 U.S.C. 405) is amended 

7 by adding at the end the following new subsection: 

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

9 the Senior Executive Service as the Associate Adminis10 trator for Workforce Programs. The Associate Adminis11 trator for Workforce Programs shall be located in the Fed12 eral Acquisition Institute, or its successor. The Associate 

13 Administrator shall be responsible for—

14 ‘‘(1) supervising the acquisition workforce 

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

16 ‘‘(2) administering the government-wide acqui17 sition intern program established under section 43; 

18 ‘‘(3) developing, in coordination with Chief Ac19 quisition Officers and Chief Human Capital Officers, 

20 a human capital strategic plan for the acquisition 

21 workforce of the Federal Government; 

22 ‘‘(4) reviewing and providing input to individual 

23 agency acquisition workforce succession plans; 

24 ‘‘(5) recommending to the Administrator and 

25 other senior government officials appropriate pro-
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1 grams, policies, and practices to increase the quan2 tity and quality of the Federal acquisition workforce; 

3 and 

4 ‘‘(6) carrying out such other functions as the 

5 Administrator may assign.’’. 

6 (b) GOVERNMENT-WIDE ACQUISITION INTERN PRO7 GRAM.—The Office of Federal Procurement Policy Act 

8 (41 U.S.C. 403 et seq.) is amended by adding at the end 

9 the following new section: 

10 ‘‘SEC. 43. GOVERNMENT-WIDE ACQUISITION INTERN PRO11 GRAM. 

12 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis13 trator shall establish a government-wide Acquisition In14 tern Program to strengthen the Federal acquisition work15 force to carry out its key missions through the Federal 

16 procurement process. The Administrator shall have a goal 

17 of involving not less than 200 college graduates per year 

18 in the Acquisition Intern Program. 

19 ‘‘(b) ADMINISTRATION OF PROGRAMS.—The Asso20 ciate Administrator for Acquisition Workforce Programs 

21 designated under section 6(l) shall be responsible for the 

22 management, oversight, and administration of the Acquisi23 tion Intern Program and shall give strong consideration 

24 to utilizing existing similar programs and seek to build 
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1 upon those programs instead of replacing them or creating 

2 new programs. 

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

4 ‘‘(1) BUSINESS-RELATED COURSE WORK RE5 QUIREMENT.—

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

7 the Acquisition Intern Program shall have com8 pleted 24 credit hours of business-related col9 lege course work by not later than 3 years after 

10 admission into the program. 

11 ‘‘(B) CERTIFICATION CRITERIA.—The Ad12 ministrator shall establish criteria for certifying 

13 the completion of the course work requirement 

14 under subparagraph (A). 

15 ‘‘(2) STRUCTURE OF PROGRAM.—The Acquisi16 tion Intern Program shall consist of one year of pre17 paratory education and training in Federal procure18 ment followed by 3 years of on-the-job training and 

19 development focused on Federal procurement but in20 cluding rotational assignments in other functional 

21 areas. 

22 ‘‘(3) EMPLOYMENT STATUS OF INTERNS.—In23 terns participating in the Acquisition Intern Pro24 gram shall be considered probationary employees 

25 without civil service protections under chapter 33 of 
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1 title 5, United States Code. In administering any 

2 personnel ceiling applicable to an executive agency 

3 or a unit of an executive agency, an individual as4 signed as an intern under the program shall not be 

5 counted. 

6 ‘‘(4) AGENCY MANAGEMENT OF PROGRAM.—

7 The Chief Acquisition Officer of each executive 

8 agency, in consultation with the Chief Human Cap9 ital Officer of such agency, shall establish a central 

10 intern management function in the agency to super11 vise and manage interns participating in the Acqui12 sition Intern Program.’’. 

13 (c) CONTINGENCY CONTRACTING CORPS.—The Of14 fice of Federal Procurement Policy Act (41 U.S.C. 403 

15 et seq.), as amended by subsection (b), is further amended 

16 by adding at the end the following new section: 

17 ‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 

18 ‘‘(a) ESTABLISHMENT.—The Administrator shall es19 tablish a government-wide Contingency Contracting Corps 

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

21 of the Corps shall be available for deployment in respond22 ing to disasters, natural and man-made, and contingency 

23 operations both within and outside the continental United 

24 States. 
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1 ‘‘(b) MEMBERSHIP.—Membership in the Corps shall 

2 be voluntary and open to all Federal employees, including 

3 uniformed members of the Armed Services, who are cur4 rently members of the Federal acquisition workforce. 

5 ‘‘(c) EDUCATION AND TRAINING.—The Adminis6 trator may establish additional educational and training 

7 requirements, and may pay for these additional require8 ments from funds available in the acquisition workforce 

9 training fund. 

10 ‘‘(d) CLOTHING AND EQUIPMENT.—The Adminis11 trator shall identify any necessary clothing and equipment 

12 requirements, and may pay for this clothing and equip13 ment from funds available in the acquisition workforce 

14 training fund. 

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

16 Corps shall be paid by their parent agencies out of existing 

17 appropriations. 

18 ‘‘(f) AUTHORITY TO DEPLOY THE CORPS.—The Ad19 ministrator, or the Administrator’s designee, shall have 

20 the authority to determine when members of the Corps 

21 shall be deployed, in consultation with the head of the 

22 agency or agencies employing the members to be deployed. 

23 ‘‘(g) ANNUAL REPORT.—

24 ‘‘(1) IN GENERAL.—The Administrator shall 

25 provide to the Committee on Homeland Security and 
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1 Governmental Affairs and the Committee on Armed 

2 Services of the Senate and the Committee on Over3 sight and Government Reform and the Committee 

4 on Armed Services of the House of Representatives 

5 an annual report on the status of the Contingency 

6 Contracting Corps. 

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

8 under paragraph (1) shall include the number of 

9 members of the Contingency Contracting Corps, the 

10 fully burdened cost of operating the program, the 

11 number of deployments of members of the program, 

12 and the performance of members of the program in 

13 deployment.’’. 

14 (d) ACQUISITION AND CONTRACTING TRAINING PRO15 GRAMS.—The head of each executive agency, after con16 sultation with the Associate Administrator for Acquisition 

17 Workforce Programs, shall establish and operate acquisi18 tion and contracting training programs. Such programs 

19 shall—

20 (1) have curricula covering a broad range of ac21 quisition and contracting disciplines corresponding 

22 to the specific acquisition and contracting needs of 

23 the agency involved; 

24 (2) be developed and applied according to rig25 orous standards; and 
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1 (3) be designed to maximize efficiency, through 

2 the use of self-paced courses, online courses, on-the3 job training, and the use of remote instructors, 

4 wherever such features can be applied without re5 ducing the effectiveness of the training or negatively 

6 impacting academic standards. 

7 (e) GOVERNMENT-WIDE POLICIES AND EVALUA8 TION.—The Administrator shall issue policies to promote 

9 the development of performance standards for training 

10 and uniform implementation of this subsection by execu11 tive agencies, with due regard for differences in program 

12 requirements among agencies that may be appropriate and 

13 warranted in view of the agency mission. The Adminis14 trator shall evaluate the implementation of the provisions 

15 of subsection (d) by executive agencies. 

16 (f) CHIEF ACQUISITION OFFICER AUTHORITIES AND

17 RESPONSIBILITIES.—Subject to the authority, direction, 

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

19 Acquisition Officer of such agency shall carry out all pow20 ers, functions, and duties of the head of the agency with 

21 respect to implementation of subsection (d). The Chief Ac22 quisition Officer shall ensure that the policies of the agen23 cy head established in accordance with such subsection are 

24 implemented throughout the agency. 
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1 (g) ACQUISITION AND CONTRACTING TRAINING RE2 PORTING.—The Administrator shall ensure that the heads 

3 of executive agencies collect and maintain standardized in4 formation on the acquisition and contracting workforce re5 lated to the implementation of subsection (d). 

6 (h) ACQUISITION WORKFORCE HUMAN CAPITAL

7 SUCCESSION PLAN.—

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

9 the date of the enactment of this Act, each Chief Ac10 quisition Officer for an executive agency appointed 

11 pursuant to section 16 of the Office of Federal Pro12 curement Policy Act (41 U.S.C. 414) shall develop, 

13 in consultation with the Chief Human Capital Offi14 cer for the agency and the Associate Administrator 

15 for Acquisition Workforce Programs, a succession 

16 plan consistent with the agency’s strategic human 

17 capital plan for the recruitment, development, and 

18 retention of the agency’s acquisition workforce, with 

19 a particular focus on warranted contracting officers 

20 and program managers of the agency. 

21 (2) CONTENT OF PLAN.—The acquisition work22 force succession plan shall address—

23 (A) recruitment goals for personnel from 

24 procurement intern programs; 
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1 (B) the agency’s acquisition workforce 

2 training needs; 

3 (C) actions to retain high performing ac4 quisition professionals who possess critical rel5 evant skills; 

6 (D) recruitment goals for personnel from 

7 the Federal Career Intern Program; and 

8 (E) recruitment goals for personnel from 

9 the Presidential Management Fellows Program. 

10 (i) AUTHORIZATION OF APPROPRIATIONS FOR AC11 QUISITION PROGRAMS.—

12 (1) AUTHORIZATION.—There is authorized to 

13 be appropriated $5,000,000 for each of fiscal years 

14 2008 and 2009 for the acquisition workforce train15 ing fund. 

16 (2) USE OF FUNDS.—Amounts appropriated 

17 pursuant to the authorization of appropriations in 

18 paragraph (1) shall be used for—

19 (A) the establishment salary of the Asso20 ciate Administrator for Acquisition Workforce 

21 Training Programs; 

22 (B) the establishment and operations of 

23 the Acquisition Intern Program and the Contin24 gency Contracting Corps; 
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1 (C) the costs of administering the acquisi2 tion workforce training fund, not to exceed 10 

3 percent of the total funds available in the Fund; 

4 and 

5 (D) the equipping, education, and training 

6 of participants in the Acquisition Intern Pro7 gram, personnel recruited from the Presidential 

8 Management Fellowship Program, personnel re9 cruited from the Federal Career Intern Pro10 gram, and Contingency Contracting Corps Pro11 gram. 

12 (3) AVAILABILITY.—Amounts appropriated pur13 suant to the authorization of appropriations under 

14 paragraph (1) shall remain available until expended. 

15 (j) ELIMINATION OF SUNSET PROVISION FOR ACQUI16 SITION WORKFORCE TRAINING FUND.—Section 37(h)(3) 

17 of the Office of Federal Procurement Policy Act (41 

18 U.S.C. 433(h)(3)) is amended by striking subparagraph 

19 (H). 

20 (k) TRAINING IN THE ACQUISITION OF ARCHITECT

21 AND ENGINEERING SERVICES.—The Administrator for 

22 Federal Procurement Policy shall ensure that a sufficient 

23 number of Federal employees are trained in the acquisi24 tion of architect and engineering services. 
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1 (l) EXTENSION OF DIRECT HIRING AUTHORITY.—

2 Section 1413(b) of the Services Acquisition Reform Act 

3 of 2003 (title XIV of Public Law 108–136) is amended 

4 by striking ‘‘September 30, 2007’’ and inserting ‘‘Sep5 tember 30, 2010’’. 

6 (m) QUALIFICATIONS OF CHIEF ACQUISITION OFFI7 CERS.—Section 16(a) of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 414) is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(2) Chief Acquisition Officers shall be appointed 

11 from among persons who have an extensive management 

12 background.’’. 

13 (n) UTILIZATION OF RECRUITMENT AND RETENTION

14 AUTHORITIES.—The Administrator for Federal Procure15 ment Policy, in coordination with the Director of the Of16 fice of Personnel Management, shall encourage agencies 

17 to utilize existing authorities, including direct hire author18 ity and tuition assistance programs, to recruit and retain 

19 acquisition personnel and consider recruiting acquisition 

20 personnel who may be retiring from the private sector, 

21 consistent with existing laws and regulations. 
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1 TITLE II—COMPETITION AND 

2 ACCOUNTABILITY 

3 SEC. 201. REQUIREMENT FOR PURCHASE OF PROPERTY 

4 AND SERVICES PURSUANT TO MULTIPLE 

5 AWARD CONTRACTS. 

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

7 days after the date of the enactment of this Act, the Ad8 ministrator for Federal Procurement Policy shall promul9 gate in the Federal Acquisition Regulation, regulations re10 quiring competition in the purchase of property and serv11 ices by all executive agencies pursuant to multiple award 

12 contracts. 

13 (b) CONTENT OF REGULATIONS.—

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

15 subsection (a) shall provide, at a minimum, that 

16 each individual purchase of property or services in 

17 excess of the simplified acquisition threshold that is 

18 made under a multiple award contract shall be made 

19 on a competitive basis unless a contracting officer—

20 (A) waives the requirement on the basis of 

21 a determination that—

22 (i) one of the circumstances described 

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

24 303J(b) of the Federal Property and Ad25 ministrative Services Act of 1949 (41 
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1 U.S.C. 253j(b)) or section 2304c(b) of title 

2 10, United States Code, applies to such in3 dividual purchase; or 

4 (ii) a law expressly authorizes or re5 quires that the purchase be made from a 

6 specified source; and 

7 (B) justifies the determination in writing. 

8 (2) COMPETITIVE BASIS PROCEDURES.—For 

9 purposes of this subsection, an individual purchase 

10 of property or services is made on a competitive 

11 basis only if it is made pursuant to procedures 

12 that—

13 (A) except as provided in paragraph (3), 

14 require fair notice of the intent to make that 

15 purchase (including a description of the work to 

16 be performed and the basis on which the selec17 tion will be made) to be provided to all contrac18 tors offering such property or services under 

19 the multiple award contract; and 

20 (B) afford all contractors responding to 

21 the notice a fair opportunity to make an offer 

22 and have that offer fairly considered by the offi23 cial making the purchase. 

24 (3) EXCEPTION TO NOTICE REQUIREMENT.—
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1 (A) IN GENERAL.—Notwithstanding para2 graph (2)(A), and subject to subparagraph (B), 

3 notice may be provided to fewer than all con4 tractors offering such property or services 

5 under a multiple award contract as described in 

6 subsection (d)(2)(A) if notice is provided to as 

7 many contractors as practicable. 

8 (B) LIMITATION ON EXCEPTION.—A pur9 chase may not be made pursuant to a notice 

10 that is provided to fewer than all contractors 

11 under subparagraph (A) unless—

12 (i) offers were received from at least 

13 3 qualified contractors; or 

14 (ii) a contracting officer of the execu15 tive agency determines in writing that no 

16 additional qualified contractors were able 

17 to be identified despite reasonable efforts 

18 to do so. 

19 (c) NOTICE REQUIREMENTS RELATED TO SOLE

20 SOURCE TASK OR DELIVERY ORDERS.—The Adminis21 trator for Federal Procurement Policy shall promulgate 

22 regulations in the Federal Acquisition Regulation requir23 ing the head of each executive agency—

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

25 source task or delivery orders in excess of the sim-
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1 plified acquisition threshold (as defined by section 4 

2 of the Office of Federal Procurement Policy Act (41 

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

4 contracts or multiple award blanket purchase agree5 ments not later than 10 days after such orders are 

6 placed, except in the event of extraordinary cir7 cumstances or classified orders; and 

8 (2) to publish on the Internet website of the ex9 ecutive agency and on FedBizOpps the justification 

10 and approval documents related to sole source task 

11 or delivery orders placed against multiple award con12 tracts or multiple award blanket purchase agree13 ments not later than 14 days after such orders are 

14 placed, except in the event of extraordinary cir15 cumstances or classified orders. 

16 (d) DEFINITIONS.—In this section: 

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

18 task order, delivery order, or other purchase. 

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

20 means—

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

22 Administrator of General Services under the 

23 multiple award schedule program referred to in 

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

25 Code; 
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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 (e) APPLICABILITY.—The regulations promulgated 

13 by the Administrator for Federal Procurement Policy pur14 suant to subsection (a) shall take effect not later than 180 

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

16 apply to all individual purchases of property or services 

17 that are made under multiple award contracts on or after 

18 such effective date, without regard to whether the multiple 

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

20 effective date. 

21 SEC. 202. STATEMENT OF WORK REQUIREMENTS FOR CER22 TAIN TASK OR DELIVERY ORDERS. 

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

24 Federal Property and Administrative Services Act of 1949 

25 (41 U.S.C. 253j(c)) is amended to read as follows: 
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1 ‘‘(c) STATEMENT OF WORK AND SELECTION

2 BASIS.—

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

4 shall include a statement of work that clearly speci5 fies all tasks to be performed or property to be deliv6 ered under the order. 

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

8 THE THRESHOLD FOR USE OF SIMPLIFIED PROCE9 DURES FOR COMMERCIAL ITEMS.—The statement of 

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

11 threshold for use of simplified procedures for com12 mercial items under a task or delivery order contract 

13 shall be made available to each contractor awarded 

14 such contract and shall—

15 ‘‘(A) include a clear statement of the exec16 utive agency’s requirements; 

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

18 ‘‘(C) disclose the significant factors and 

19 sub-factors that the executive agency expects to 

20 consider in evaluating proposals, including cost, 

21 price, past performance, and the relative impor22 tance of those and other factors; 

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

24 made on a best value basis, include a written 

25 statement documenting the basis for the award 
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1 and the relative importance of quality, past per2 formance, and price or cost factors; and 

3 ‘‘(E) provide an opportunity for a post4 award debriefing consistent with the require5 ments of section 303B(e).’’. 

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

7 10, United States Code, is amended to read as follows: 

8 ‘‘(c) STATEMENT OF WORK AND SELECTION

9 BASIS.—

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

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

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

15 THE THRESHOLD FOR USE OF SIMPLIFIED PROCE16 DURES FOR COMMERCIAL ITEMS.—The statement of 

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

18 threshold for use of simplified procedures for com19 mercial items under a task or delivery order contract 

20 shall be made available to each contractor awarded 

21 such contract and shall—

22 ‘‘(A) include a clear statement of the agen23 cy’s requirements; 

24 ‘‘(B) permit a reasonable response period; 
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1 ‘‘(C) disclose the significant factors and 

2 sub-factors that the agency expects to consider 

3 in evaluating proposals, including cost, price, 

4 past performance, and the relative importance 

5 of those and other factors; 

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

7 made on a best value basis, include a written 

8 statement documenting the basis for the award 

9 and the relative importance of quality, past per10 formance, and price or cost factors; and 

11 ‘‘(E) provide an opportunity for a post12 award debriefing consistent with the require13 ments of section 2305(b)(5) of this title.’’. 

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

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

16 of the Federal Property and Administrative Services Act 

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

18 ‘‘(d) PROTESTS.—A protest is not authorized in con19 nection with the issuance or proposed issuance of a task 

20 or delivery order except for—

21 ‘‘(1) a protest on the ground that the order in22 creases the scope, period, or maximum value of the 

23 contract under which the order is issued; or 

24 ‘‘(2) a protest by an interested party of an 

25 order valued at greater than the threshold estab-
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1 lished pursuant to section 203(c) of the Account2 ability in Government Contracting Act of 2007.’’. 

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

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

5 ‘‘(d) PROTESTS.—A protest is not authorized in con6 nection with the issuance or proposed issuance of a task 

7 or delivery order except for—

8 ‘‘(1) 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 ‘‘(2) a protest by an interested party of an 

12 order valued at greater than the threshold estab13 lished pursuant to section 203(c) of the Account14 ability in Government Contracting Act of 2007.’’. 

15 (c) ESTABLISHMENT OF THRESHOLD.—The Admin16 istrator for Federal Procurement Policy shall promulgate 

17 a rule in the Federal Acquisition Regulation establishing 

18 a threshold for protests under section 303J(d) of the Fed19 eral Property and Administrative Services Act of 1949 (41 

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

21 States Code, as amended by subsections (a) and (b), re22 spectively. The threshold shall be $5,000,000 unless the 

23 Administrator determines that the threshold is unduly 

24 burdensome on executive agencies, in which case the Ad25 ministrator may increase the threshold, but in no case 
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1 shall the threshold exceed $25,000,000. The threshold 

2 shall be $5,000,000 until a final rule is promulgated in 

3 accordance with such determination. 

4 SEC. 204. PUBLICATION OF JUSTIFICATION AND APPROVAL 

5 DOCUMENTS. 

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

7 Federal Property and Administrative Services Act of 1949 

8 (41 U.S.C. 253(f)(1)) is amended—

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

10 and’’ and inserting a semicolon; 

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

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

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(D) the justification and approval documents 

16 are made publicly available on the Internet website 

17 of the agency and FedBizOpps.’’. 

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

19 10, United States Code, is amended—

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

21 and’’ and inserting a semicolon; 

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

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

24 (3) by adding at the end the following new sub25 paragraph: 
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1 ‘‘(D) the justification and approval documents 

2 are made publicly available on the Internet website 

3 of the agency and FedBizOpps.’’. 

4 SEC. 205. LIMITATION ON LENGTH OF CERTAIN NON5 COMPETITIVE CONTRACTS. 

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

7 of the Federal Property and Administrative Services Act 

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

9 end the following new paragraph: 

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

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

12 agency pursuant to the authority provided under sub13 section (c)(2)—

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

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

16 requirements of the work to be performed under 

17 the contract; and 

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

19 another contract for the required goods or serv20 ices through the use of competitive procedures; 

21 and 

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

23 of the executive agency entering into such contract 

24 determines that 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 Procure4 ment Policy Act (41 U.S.C. 403)).’’. 

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

6 10, United States Code, is amended by adding at the end 

7 the following new paragraph: 

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

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

10 pursuant to the authority provided under subsection 

11 (c)(2)—

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

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

14 requirements of the work to be performed under 

15 the contract; and 

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

17 contract for the required goods or services 

18 through the use of competitive procedures; and 

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

20 of the agency entering into such contract determines 

21 that exceptional circumstances apply. 

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

23 amount greater than the simplified acquisition threshold 

24 (as defined by section 4 of the Office of Federal Procure25 ment Policy Act (41 U.S.C. 403)).’’. 
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1 SEC. 206. PROHIBITION ON AWARD OF CERTAIN LARGE 

2 TASK OR DELIVERY ORDER CONTRACTS FOR 

3 SERVICES. 

4 (a) CIVILIAN AGENCY CONTRACTS.—Section 

5 303H(d) of the Federal Property and Administrative 

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

7 adding at the end the following new paragraph: 

8 ‘‘(4)(A) No task or delivery order contract for serv9 ices in an amount estimated to exceed $100,000,000 (in10 cluding all options) may be awarded to a single contractor 

11 unless the head of the executive agency determines in writ12 ing that—

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

14 performance of the requirement, it would not be 

15 practical to award multiple task or delivery order 

16 contracts; 

17 ‘‘(ii) the task orders expected under the con18 tract are so integrally related that only a single con19 tractor can reasonably perform the work; or 

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

21 public interest to award the contract to a single con22 tractor. 

23 ‘‘(B) The head of the executive agency shall notify 

24 Congress within 30 days of any determination under sub25 paragraph (A)(iii). 
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1 ‘‘(C) The head of the executive agency shall post the 

2 justification and approval documents related to a deter3 mination under subparagraph (A) on the Internet website 

4 of the agency and on the Federal Business Opportunities 

5 (FedBizOpps) Internet website.’’. 

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

7 10, United States Code, is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(4)(A) No task or delivery order contract for serv10 ices in an amount estimated to exceed $100,000,000 (in11 cluding all options) may be awarded to a single contractor 

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

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

14 performance of the requirement, it would not be 

15 practical to award multiple task or delivery order 

16 contracts; 

17 ‘‘(ii) the task orders expected under the con18 tract are so integrally related that only a single con19 tractor can reasonably perform the work; or 

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

21 public interest to award the contract to a single con22 tractor. 

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

24 within 30 days of any determination under subparagraph 

25 (A)(iii). 
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1 ‘‘(C) The head of the agency shall post the justifica2 tion and approval documents related to a determination 

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

4 agency and on the Federal Business Opportunities 

5 (FedBizOpps) Internet website.’’. 

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

7 OFFERS FOR CONTRACTS AND TASK ORDERS 

8 UNDER CONTRACTS. 

9 (a) GUIDANCE REQUIRED.—The Administrator for 

10 Federal Procurement Policy shall prescribe guidance for 

11 executive agencies on the use of tiered evaluations of offers 

12 for contracts and for task or delivery orders under con13 tracts. In prescribing such guidance, the Administrator 

14 shall give full consideration to the guidance prescribed by 

15 the Secretary of Defense under section 816 of the Na16 tional Defense Authorization Act for Fiscal Year 2006 

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

18 (b) ELEMENTS.—The guidance prescribed under sub19 section (a) shall include a prohibition on the initiation by 

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

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

22 unless the contracting officer—

23 (1) has conducted market research in accord24 ance with part 10 of the Federal Acquisition Regula25 tion in order to determine whether or not a suffi-
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1 cient number of qualified small businesses are avail2 able to justify limiting competition for the award of 

3 such contract or task or delivery order under appli4 cable law and regulations; 

5 (2) is unable, after conducting market research 

6 under paragraph (1), to make the determination de7 scribed in that paragraph; and 

8 (3) includes in the contract file a written expla9 nation of why such contracting officer was unable to 

10 make such determination. 

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

12 CONTRACTS. 

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

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

15 Federal Procurement Policy shall promulgate in the Fed16 eral Acquisition Regulation, regulations outlining the 

17 proper use of cost-reimbursement contracts. 

18 (b) CONTENT.—The regulations promulgated under 

19 subsection (a) shall include at minimum guidance regard20 ing—

21 (1) when and under what circumstances cost re22 imbursement contracts are appropriate; 

23 (2) the acquisition plan findings necessary to 

24 support a decision to use cost reimbursement con25 tracts; and 
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1 (3) the acquisition workforce resources nec2 essary to award and manage cost reimbursement 

3 contracts. 

4 (c) INSPECTOR GENERAL REVIEW.—The Inspector 

5 General for each executive agency shall develop and sub6 mit as part of its annual audit plan a review of the use 

7 of cost reimbursement contracts. 

8 SEC. 209. PREVENTING CONFLICTS OF INTEREST. 

9 (a) ORGANIZATIONAL CONFLICTS OF INTEREST.—

10 The Administrator for Federal Procurement Policy shall 

11 create new, uniform, government-wide policies aimed at 

12 preventing and mitigating organizational conflicts of inter13 est in Federal contracting, including—

14 (1) considering development of a standard orga15 nizational conflict of interest clause, or a set of 

16 standard organizational conflict of interest clauses, 

17 for inclusion in solicitations and contracts that set 

18 forth the contractor’s responsibilities with respect to 

19 its employees, subcontractors, partners, and any 

20 other affiliated organizations or individuals; 

21 (2) addressing conflicts that may arise in the 

22 context of developing requirements and statements 

23 of work, the selection process, and contract adminis24 tration; 
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1 (3) ensuring that adequate organizational con2 flict of interest safeguards are enacted in situations 

3 in which contractors are employed by the Federal 

4 Government to oversee other contractors or are hired 

5 to assist in the acquisition process; 

6 (4) ensuring that any policies or clauses devel7 oped address conflicts of interest that may arise 

8 from financial interests, unfair competitive advan9 tages, and impaired objectivity; and 

10 (5) maintaining a repository of best practices 

11 relating to the prevention of organizational conflicts 

12 of interest. 

13 (b) PERSONAL CONFLICTS OF INTEREST.—The Ad14 ministrator for Federal Procurement Policy shall create 

15 new, uniform, government-wide policies aimed at pre16 venting personal conflicts of interest by contractor employ17 ees in Federal contracting, including—

18 (1) determining whether greater disclosure, spe19 cific prohibitions, or reliance on specified principles 

20 will accomplish the end objective of ethical behavior; 

21 (2) identifying types of contracts that raise 

22 heightened concerns for potential conflicts of inter23 est; 

24 (3) considering the development of a standard 

25 ethics clause or a set of standard ethics clauses that 
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1 set forth the contractor’s responsibility for inclusion 

2 in solicitations and contracts; and 

3 (4) maintaining a repository of best practices 

4 relating to the prevention of personal conflicts of in5 terest. 

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

7 of the enactment of this Act, the Administrator for Fed8 eral Procurement Policy shall submit to the Committee on 

9 Homeland Security and Governmental Affairs of the Sen10 ate and the Committee on Oversight and Government Re11 form of the House of Representatives a report on actions 

12 taken under this section. 

13 SEC. 210. LINKING OF AWARD AND INCENTIVE FEES TO AC14 QUISITION OUTCOMES. 

15 (a) GUIDANCE ON LINKING OF AWARD AND INCEN16 TIVE FEES TO ACQUISITION OUTCOMES.—Not later than 

17 180 days after the date of the enactment of this Act, the 

18 Administrator for Federal Procurement Policy shall issue 

19 guidance, with detailed implementation instructions (in20 cluding definitions), for executive agencies on the appro21 priate use of award and incentive fees in Federal acquisi22 tion programs. 

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

24 shall—
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1 (1) ensure that all new contracts using award 

2 fees link such fees to acquisition outcomes (which 

3 shall be defined in terms of program cost, schedule, 

4 and performance); 

5 (2) establish standards for identifying the ap6 propriate level of officials authorized to approve the 

7 use of award and incentive fees in new contracts; 

8 (3) provide guidance on the circumstances in 

9 which contractor performance may be judged to be 

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

11 available award fee which contractors should be paid 

12 for such performance; 

13 (4) establish standards for determining the per14 centage of the available award fee, if any, which con15 tractors should be paid for performance that is 

16 judged to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’, 

17 ‘‘good’’, or ‘‘satisfactory’’; 

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

19 contractor performance that is judged to be below 

20 satisfactory performance or performance that does 

21 not meet the basic requirements of the contract; 

22 (6) provide specific direction on the cir23 cumstances, if any, in which it may be appropriate 

24 to roll over award fees that are not earned in one 
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1 award fee period to a subsequent award fee period 

2 or periods; 

3 (7) ensure consistent use of guidelines and defi4 nitions relating to award and incentive fees across 

5 the Federal Government; 

6 (8) ensure that each executive agency—

7 (A) collects relevant data on award and in8 centive fees paid to contractors; and 

9 (B) has mechanisms in place to evaluate 

10 such data on a regular basis; 

11 (9) include performance measures to evaluate 

12 the effectiveness of award and incentive fees as a 

13 tool for improving contractor performance and 

14 achieving desired program outcomes; and 

15 (10) provide mechanisms for sharing proven in16 centive strategies for the acquisition of different 

17 types of products and services among contracting 

18 and program management officials. 

19 TITLE III—ACCOUNTABILITY 

20 AND ADMINISTRATION 

21 SEC. 301. DEFINITIZING OF LETTER CONTRACTS. 

22 (a) CIVILIAN CONTRACTS.—The Federal Property 

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

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

25 new section: 
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1 ‘‘SEC. 318. DEFINITIZING OF LETTER CONTRACTS. 

2 ‘‘The head of an executive agency shall unilaterally 

3 determine all missing terms in an undefinitized letter con4 tract that have not been agreed upon within 180 days 

5 after such letter contract has been entered into or before 

6 40 percent of the work under such letter contract has been 

7 completed. Any terms so determined shall be subject to 

8 the contract disputes process.’’. 

9 (b) DEFENSE CONTRACTS.—

10 (1) DEFINITIZING OF LETTER CONTRACTS.—

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

12 amended by inserting after at the end the following 

13 new section: 

14 ‘‘§ 2334. Definitizing of letter contracts 

15 ‘‘The head of an agency shall unilaterally determine 

16 all missing terms in an undefinitized letter contract that 

17 have not been agreed upon within 180 days after such let18 ter contract has been entered into or before the funds obli19 gated under such letter contract exceed 50 percent of the 

20 not-to-exceed cost of the contract. Any terms so deter21 mined shall be subject to the contract disputes process.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by adding at the end the following new item:

‘‘2334. Definitizing of letter contracts.’’.
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1 SEC. 302. PREVENTING ABUSE OF INTERAGENCY CON2 TRACTS AND ASSISTED ACQUISITION SERV3 ICES. 

4 (a) OFFICE OF MANAGEMENT AND BUDGET POLICY

5 GUIDANCE.—

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

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

8 the Director of the Office of Management and Budg9 et shall—

10 (A) submit to Congress a comprehensive 

11 report on interagency acquisitions, including 

12 their frequency of use, management controls, 

13 cost-effectiveness, and savings generated; and 

14 (B) issue guidelines to assist the heads of 

15 executive agencies in improving the manage16 ment of interagency acquisitions. 

17 (2) MATTERS COVERED BY GUIDELINES.—For 

18 purposes of paragraph (1)(B), the Director shall in19 clude guidelines on the following matters: 

20 (A) Procedures for the use of interagency 

21 acquisitions to maximize competition, deliver 

22 best value to executive agencies, and minimize 

23 waste, fraud, and abuse. 

24 (B) Categories of contracting inappropriate 

25 for interagency acquisition, due to high risk of 

26 waste, fraud, or abuse. 
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1 (C) Requirements for training acquisition 

2 workforce personnel in the proper use of inter3 agency acquisitions. 

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

5 year after the date of the enactment of this Act, the Fed6 eral Acquisition Regulation shall be revised to require that 

7 all assisted acquisitions—

8 (1) include a written agreement between the re9 questing agency and the servicing agency assigning 

10 responsibility for the administration and manage11 ment of the contract; 

12 (2) include a determination that an assisted ac13 quisition is the best procurement alternative; and 

14 (3) include sufficient documentation to ensure 

15 an adequate audit. 

16 (c) AGENCY REPORTING REQUIREMENT.—The senior 

17 procurement executive for each executive agency shall, as 

18 directed by the Director of the Office of Management and 

19 Budget, submit to the Director annual reports on the ac20 tions taken by the executive agency pursuant to the guide21 lines issued under subsection (a). 

22 (d) REPORT ON INTERAGENCY CONTRACTING.—

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

24 the date of the enactment of this Act, the Adminis-
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1 trator for Federal Procurement Policy shall report 

2 on a survey of existing interagency contracts. 

3 (2) CONTENT.—The report under paragraph 

4 (1) shall include the following information: 

5 (A) The number of interagency contracts 

6 that are currently in operation, and the scope, 

7 sponsoring agencies, primary users, activity lev8 els (in terms of orders and value) for the most 

9 recent fiscal year, and rationales for such con10 tracts. 

11 (B) The level of acquisition activity con12 ducted by the Intergovernmental Revolving 

13 Funds (including the Franchise Funds) on be14 half of other executive agencies. 

15 (C) The number of enterprisewide, single 

16 agency contracts that are currently in oper17 ation, and the scope, activity levels (in terms of 

18 orders and value) for the most recent fiscal 

19 year, and rationales for such contracts. 

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

21 of Management and Budget shall make the report 

22 under this subsection publicly available, subject to 

23 applicable statutory and regulatory limits on the re24 lease of such information. 
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1 (e) REVIEW OF FEDERAL SUPPLY SCHEDULE CON2 TRACTS.—Not later than 270 days after the date of the 

3 enactment of this Act, the Administrator of General Serv4 ices shall review existing Federal Supply Schedule (FSS) 

5 contracts to determine whether, in light of the entire in6 ventory of interagency contracts, any of the FSS contracts 

7 should be eliminated in order to avoid unnecessary dupli8 cation. 

9 (f) REVIEW AND AUTHORIZATION OF MULTI-AGENCY

10 CONTRACTS.—

11 (1) REGULATIONS REQUIRED.—Not later than 

12 180 days after the date of the enactment of this Act, 

13 the Administrator for Federal Procurement Policy 

14 shall publish in the Federal Acquisition Regulation, 

15 regulations requiring that the acquisition plan in 

16 support of multi-agency contracts shall include a 

17 business case analysis justifying the award and ad18 ministration of the contract. At a minimum, the 

19 business case shall include the fully burdened cost to 

20 the Federal Government of awarding and admin21 istering the contract and the impact the contract will 

22 have on the ability of the Federal Government to le23 verage its buying power. 

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

25 the date of enactment of this Act, the Administrator 
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1 for Federal Procurement Policy, in consultation with 

2 the Administrator of General Services, shall review 

3 all multi-agency contracts and determine whether 

4 each contract is cost effective or redundant with ex5 isting contracts available for multi-agency use. 

6 (3) APPROVAL REQUIRED.—No executive agen7 cy may exercise an option on an existing multi-agen8 cy contract or award a new multi-agency contract 

9 without the express written approval of the Adminis10 trator for Federal Procurement Policy. 

11 (4) EVALUATION OF COSTS.—In determining 

12 whether a contract is cost effective, the Adminis13 trator shall evaluate the fully burdened costs associ14 ated with awarding and maintaining the contract. In 

15 the event that the fully burdened costs cannot be de16 termined, the Administrator shall use the same for17 mula for determining agency performance of a func18 tion identified in OMB Circular A–76. 

19 (g) REVIEW OF OTHER INDEFINITE DELIVERY, IN20 DEFINITE QUANTITY CONTRACTS.—

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

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

23 each executive agency, in consultation with the Ad24 ministrator for Federal Procurement Policy, shall re25 view all indefinite delivery, indefinite quantity con-
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1 tracts awarded by the executive agency and deter2 mine whether those contracts are cost effective or re3 dundant with other contracts within the agency or 

4 available for the agency’s use. 

5 (2) EVALUATION OF COSTS.—In determining 

6 whether a contract is cost effective, the head of the 

7 executive agency shall evaluate the fully burdened 

8 costs associated with awarding and maintaining the 

9 contract. In cases where the fully burdened costs 

10 cannot be determined, the Administrator shall use 

11 the same formula for determining Agency perform12 ance of a function identified in Office of Manage13 ment and Budget Circular A–76. 

14 (h) IMPROVED TRANSPARENCY OF INTERAGENCY

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

16 date of the enactment of this Act, the Director of the Of17 fice of Management and Budget shall direct appropriate 

18 revisions to the government-wide procurement system 

19 known as the Federal Procurement Data System-Next 

20 Generation in order to facilitate the collecting and publica21 tion of complete and reliable order-level data on inter22 agency contracting transactions. 

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

24 the term ‘‘executive agency’’ includes the Department of 
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1 Defense, but does not include the military departments 

2 and defense agencies. 

3 SEC. 303. PURCHASE CARD WASTE ELIMINATION. 

4 (a) REQUIREMENT FOR GUIDANCE.—

5 (1) OFFICE OF MANAGEMENT AND BUDGET

6 POLICY GUIDANCE.—Not later than 180 days after 

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

8 of the Office of Management and Budget shall issue 

9 guidelines to assist the heads of executive agencies 

10 in improving the management of the use of the Gov11 ernmentwide commercial purchase card for making 

12 micro-purchases. The Director shall include guide13 lines on the following matters: 

14 (A) Analysis of purchase card expenditures 

15 to identify opportunities for achieving savings 

16 through micro-purchases made in economical 

17 volumes. 

18 (B) Negotiation of discount agreements 

19 with major vendors accepting the purchase 

20 card. 

21 (C) Establishment of communication pro22 grams to ensure that purchase cardholders re23 ceive information pertaining to the availability 

24 of discounts, including programs for the train-
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1 ing of purchase cardholders on the availability 

2 of discounts. 

3 (D) Assessment of cardholder purchasing 

4 practices, including use of discount agreements. 

5 (E) Collection and dissemination of best 

6 practices and successful strategies for achieving 

7 savings in micro-purchases. 

8 (F) Analysis of purchase card expenditures 

9 to identify opportunities for achieving and accu10 rately measuring fair participation of small 

11 business concerns in micro-purchases consistent 

12 with the national policy on small business par13 ticipation in Federal procurement set forth in 

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

15 Act (15 U.S.C. 631(a) and 644(g)), and dis16 semination of best practices for participation of 

17 small business concerns in micro-purchases. 

18 (2) GENERAL SERVICES ADMINISTRATION.—

19 The Administrator of General Services shall—

20 (A) continue efforts to improve reporting 

21 by financial institutions that issue the Govern22 mentwide commercial purchase card so that the 

23 General Services Administration has the data 

24 needed to identify opportunities for achieving 

25 savings; and 
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1 (B) actively pursue point-of-sale discounts 

2 with major vendors accepting the purchase card 

3 so that any Federal Government purchaser 

4 using the purchase card can benefit from such 

5 point-of-sale discounts. 

6 (3) AGENCY REPORTING REQUIREMENT.—The 

7 senior procurement executive for each executive 

8 agency shall, as directed by the Director of the Of9 fice of Management and Budget, submit to the Di10 rector periodic reports on the actions taken in such 

11 executive agency pursuant to the guidelines issued 

12 under paragraph (1). 

13 (4) CONGRESSIONAL OVERSIGHT.—Not later 

14 than December 31 of the year following the year in 

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

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

17 Management and Budget shall submit to the Com18 mittee on Homeland Security and Governmental Af19 fairs of the Senate and the Committee on Oversight 

20 and Government Reform of the House of Represent21 atives a report summarizing for the fiscal year end22 ing in the year in which such report is due the 

23 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 exec-
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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. 304. 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 on the use of such integrators by executive agencies. 

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

22 study under subsection (a) is completed, the Adminis23 trator for Federal Procurement Policy shall issue guidance 

24 on the appropriate use of lead system integrators to en-
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1 sure that they are used in the best interests of the Federal 

2 Government. 

3 SEC. 305. 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 (b) to minimize 

7 the excessive use by contractors of subcontractors or tiers 

8 of subcontractors in cases where a subcontractor does not 

9 perform work in proportion to any overhead or profit that 

10 the subcontractor receives under the contract. 

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

12 any cost-reimbursement type contract or task or delivery 

13 order in an amount greater than the simplified acquisition 

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

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

16 SEC. 306. RESPONSIBILITY OF CONTRACTORS THAT ARE 

17 SERIOUS THREATS TO NATIONAL SECURITY. 

18 (a) RESPONSIBILITY OF CONTRACTOR.—The con19 tracting officer for an executive agency may consider 

20 whether a contractor may pose a serious threat to national 

21 security in assessing whether a contractor is responsible 

22 enough to be awarded a Federal contract. 

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

24 the date of the enactment of this Act, the Administrator 
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1 for Federal Procurement Policy shall provide guidance to 

2 executive agencies on implementation of this section. 

3 SEC. 307. REQUIRED CERTIFICATION OF PROGRAM MAN4 AGERS FOR DEPARTMENT OF HOMELAND SE5 CURITY LEVEL ONE PROGRAMS. 

6 Not later than one year after the date of the enact7 ment of this Act, the Secretary of Homeland Security shall 

8 assign to each program of the Department of Homeland 

9 Security with an estimated value of more than 

10 $100,000,000 at least one program manager certified by 

11 the Secretary as competent to administer programs of that 

12 size. 

13 SEC. 308. ELIMINATION OF ONE-YEAR LIMITATION ON IN14 TEREST DUE ON LATE PAYMENTS TO CON15 TRACTORS. 

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

17 Code, is amended to read as follows: 

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

19 interest penalty under this chapter does not continue to 

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

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

22 SEC. 309. ENSURING THAT FEDERAL EMPLOYEES PERFORM 

23 INHERENTLY GOVERNMENTAL WORK. 

24 The Administrator for Federal Procurement Policy 

25 shall—
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1 (1) analyze the services for which agencies are 

2 contracting (other than through the process gov3 erned by Office of Management and Budget Circular 

4 A–76); 

5 (2) establish government-wide guidelines to en6 sure that inherently governmental work is performed 

7 by Federal employees; and 

8 (3) report to the Committee on Homeland Se9 curity and Governmental Affairs of the Senate and 

10 the Committee on Oversight and Government Re11 form of the House of Representatives on actions 

12 taken under this section not later than 180 days 

13 after the date of the enactment of this Act. 

14 SEC. 310. REPORT ON ACQUISITION ADVISORY PANEL RE15 PORT IMPLEMENTATION. 

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

17 date of the enactment of this Act, the Director of the Of18 fice of Management and Budget shall submit to the Com19 mittee on Homeland Security and Governmental Affairs 

20 of the Senate and the Committee on Oversight and Gov21 ernment Reform of the House of Representatives a com22 prehensive report on implementation of the recommenda23 tions of the Acquisition Advisory Panel (in this section re24 ferred to as the ‘‘Panel’’) established under section 1423 
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1 of the Services Acquisition Reform Act of 2003 (title XIV 

2 of Public Law 108–136; 41 U.S.C. 405 note). 

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

4 (a) shall include—

5 (1) a description of the implementation of the 

6 recommendations of the Panel; and 

7 (2) with respect to any recommendations of the 

8 Panel not implemented, a justification and discus9 sion of the reasons for not implementing such rec10 ommendations. 

11 SEC. 311. REPORT BY THE GOVERNMENT ACCOUNTABILITY 

12 OFFICE. 

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

14 that should be taken to further improve the acquisition 

15 system, the Comptroller General of the United States 

16 shall, not later than 1 year after the date of the enactment 

17 of this Act, conduct reviews and submit one or more re18 ports to Congress on Federal acquisition policy. 

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

20 (a) shall include the following: 

21 (1) An assessment of the 2 statutory standards 

22 governing the qualifications of the government’s ac23 quisition workforce and an assessment of the imple24 mentation of and practical impact of both standards 
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1 and whether there should be a single standard for 

2 the acquisition workforce. 

3 (2) A list and assessment of all Federal institu4 tions providing acquisition and program manage5 ment education and training and a recommendation 

6 on the advisability of continuing to offer education 

7 and training through multiple institutions or wheth8 er education and training should be combined at one 

9 government-wide institution. 

10 (3) A review of agency compliance with Section 

11 1412 of the Services Acquisition Reform Act of 2003 

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

13 note), including whether agencies have appointed 

14 Chief Acquisition Officers whose primary duties are 

15 acquisition management, and recommendations for 

16 the appointment of Chief Acquisition Officers gov17 ernment-wide. 

18 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE19 VIEW.—Not later than 18 months after the date of the 

20 enactment of this Act, the Comptroller General of the 

21 United States shall review the determinations made by ex22 ecutive agencies under section 303(g) regarding indefinite 

23 delivery, indefinite quantity contracts and shall submit to 

24 Congress a report on the implementation of requirements 

25 related to such determinations. 
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1 SEC. 312. MAPPING AND SURVEYING SERVICES. 

2 The Administrator for Federal Procurement Policy 

3 shall amend the Federal Acquisition Regulation to provide 

4 guidance on contracting for mapping and surveying serv5 ices in accordance with chapter 11 of title 40, United 

6 States Code, to ensure that these services are being pro7 cured through appropriate competitive procedures and 

8 that offers are evaluated using a qualifications-based se9 lection process. 

10 SEC. 313. TIMELY AND ACCURATE TRANSMISSION OF IN11 FORMATION INCLUDED IN FEDERAL PRO12 CUREMENT DATA SYSTEM. 

13 Section 19 of the Office of Federal Procurement Pol14 icy Act (41 U.S.C. 417(d)) is amended to read as follows: 

15 ‘‘(d) TRANSMISSION AND DATA ENTRY OF INFORMA16 TION.—The head of each executive agency shall ensure the 

17 accuracy of the information included in the record estab18 lished and maintained by such agency under subsection 

19 (a) and shall timely transmit such information to the Gen20 eral Services Administration for entry into the Federal 

21 Procurement Data System referred to in section 6(d)(4), 

22 or any successor system.’’. 
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•S 680 ES

1 SEC. 314. USE OF EXISTING FUNDS FOR REGULATIONS AND 

2 REPORTS. 

3 Provisions and amendments of this Act requiring the 

4 promulgation of regulations or the production of reports 

5 shall be carried out using existing funds. 

Passed the Senate November 7, 2007. 

Attest:

Secretary. 

110TH CONGRESS 

1ST SESSION S. 680

AN ACT

To ensure proper oversight and accountability in 

Federal contracting, and for other purposes.