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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 680 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Accountability in 
Government Contracting Act of 2007''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Definitions.
          <DELETED>TITLE I--CONTRACTING AND ACQUISITION REFORM

               <DELETED>Subtitle A--Acquisition Workforce

<DELETED>Sec. 101. Federal acquisition workforce.
          <DELETED>Subtitle B--Competition and Accountability

<DELETED>Sec. 111. Competition in multiple award contracts.
<DELETED>Sec. 112. Statement of work requirements for certain task or 
                            delivery orders.
<DELETED>Sec. 113. Postaward briefings for task and delivery orders.
<DELETED>Sec. 114. Protests of task and delivery orders.
<DELETED>Sec. 115. Publication of justification and approval documents.
<DELETED>Sec. 116. Limitation on length of certain noncompetitive 
                            contracts.
<DELETED>Sec. 117. Prohibition on award of certain large task or 
                            delivery order contracts for services.
<DELETED>Sec. 118. Guidance on use of tiered evaluations of offers for 
                            contracts and task orders under contracts.
<DELETED>Sec. 119. Plan for minimizing cost-reimbursement contracts.
         <DELETED>Subtitle C--Accountability and Administration

<DELETED>Sec. 121. Recording of obligations on task order contracts.
<DELETED>Sec. 122. Definitizing of letter contracts.
<DELETED>Sec. 123. Preventing abuse of interagency contracts.
<DELETED>Sec. 124. Purchase card waste elimination.
<DELETED>Sec. 125. Lead systems integrators.
<DELETED>Sec. 126. Limitations on tiering of subcontractors.
<DELETED>Sec. 127. Reform of Afghanistan assistance programs.
<DELETED>Sec. 128. Debarment of contractors that are serious threats to 
                            national security.
<DELETED>Sec. 129. Required assignment of level one certified program 
                            managers to Department of Homeland Security 
                            level one programs.
<DELETED>Sec. 130. Elimination of one-year limitation on interest due 
                            on late payments to contractors.
             <DELETED>TITLE II--INSPECTORS GENERAL REFORMS

<DELETED>Sec. 201. Prohibition of cash bonus or awards.
<DELETED>Sec. 202. Inspectors General at level III of executive 
                            schedule.
<DELETED>Sec. 203. Qualifications of Inspectors General for designated 
                            Federal entities.
<DELETED>Sec. 204. Removal of Inspectors General for designated Federal 
                            entities.
<DELETED>Sec. 205. Subpoena power.
<DELETED>Sec. 206. Program Fraud Civil Remedies Act.

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) The term ``executive agency'' has the meaning 
        given such term in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403).</DELETED>
        <DELETED>    (2) The term ``interagency acquisition'' means a 
        procedure by which an executive agency needing supplies or 
        services (the requesting agency) obtains them from another 
        executive agency (the servicing agency). The term includes 
        acquisitions under section 1535 of title 31, United States Code 
        (commonly referred to as the ``Economy Act''), Federal Supply 
        Schedules, and governmentwide acquisition contracts.</DELETED>
        <DELETED>    (3) The term ``micro-purchase'' means a purchase 
        in an amount not in excess of the micro-purchase threshold, as 
        defined in section 32 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 428).</DELETED>
        <DELETED>    (4) The term ``multiple award contract'' means--
        </DELETED>
                <DELETED>    (A) a contract that is entered into by the 
                Administrator of General Services under the multiple 
                award schedule program referred to in section 309(b)(3) 
                of the Federal Property and Administrative Services Act 
                of 1949 (41 U.S.C. 259(b)(3));</DELETED>
                <DELETED>    (B) a multiple award task order contract 
                that is entered into under the authority of sections 
                2304a through 2304d of title 10, United States Code, or 
                sections 303H through 303K of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253h 
                through 253k); and</DELETED>
                <DELETED>    (C) any other indefinite delivery, 
                indefinite quantity contract that is entered into by 
                the head of an executive agency with 2 or more sources 
                pursuant to the same solicitation.</DELETED>

     <DELETED>TITLE I--CONTRACTING AND ACQUISITION REFORM</DELETED>

          <DELETED>Subtitle A--Acquisition Workforce</DELETED>

<DELETED>SEC. 101. FEDERAL ACQUISITION WORKFORCE.</DELETED>

<DELETED>    (a) Assistant Administrator for Acquisition Workforce 
Programs.--Section 6 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 405) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(l) The Administrator shall designate a member of the 
Senior Executive Service as the Assistant Administrator for Workforce 
Programs. The Assistant Administrator shall be responsible for--
</DELETED>
        <DELETED>    ``(1) supervising the acquisition workforce 
        training fund established under section 37(h)(3);</DELETED>
        <DELETED>    ``(2) administering the governmentwide acquisition 
        intern program established under section 43;</DELETED>
        <DELETED>    ``(3) developing, in coordination with Chief 
        Acquisition Officers and Chief Human Capital Officers, a human 
        capital strategic plan for the acquisition workforce of the 
        Federal Government;</DELETED>
        <DELETED>    ``(4) recommending to the Administrator and other 
        senior government officials appropriate programs, policies, and 
        practices to increase the quantity and quality of the Federal 
        acquisition workforce; and</DELETED>
        <DELETED>    ``(5) carrying out such other functions as the 
        Administrator may assign.''.</DELETED>
<DELETED>    (b) Governmentwide Acquisition Intern Program.--The Office 
of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 
adding at the end the following new section:</DELETED>

<DELETED>``SEC. 43. GOVERNMENTWIDE ACQUISITION INTERN 
              PROGRAM.</DELETED>

<DELETED>    ``(a) Establishment of Program.--The Administrator shall 
establish a governmentwide acquisition intern program (in this section 
referred to as the `program') to strengthen the Federal acquisition 
workforce to carry out its key missions through the Federal procurement 
process, with an annual goal of involving as many as 200 college 
graduates per year in the program.</DELETED>
<DELETED>    ``(b) Administration of Program.--The Assistant 
Administrator for Acquisition Workforce Programs designated under 
section 6(l) shall be responsible for the management, oversight, and 
administration of the program and shall give strong consideration to 
existing similar programs and seek to build upon those programs instead 
of replacing them.</DELETED>
<DELETED>    ``(c) Business-Related Course Work Requirement.--
</DELETED>
        <DELETED>    ``(1) In general.--Each participant in the program 
        shall have completed 24 credit hours of business-related 
        college course work by not later than 3 years after admission 
        into the program.</DELETED>
        <DELETED>    ``(2) Certification criteria.--The Administrator 
        shall establish criteria for certifying the completion of the 
        course work requirement under paragraph (1).</DELETED>
<DELETED>    ``(d) Structure of Program.--The program shall consist of 
one year of preparatory education and training in Federal procurement 
followed by 3 years of on-the-job training and development focused on 
Federal procurement but including rotational assignments in other 
functional areas.</DELETED>
<DELETED>    ``(e) Employment Status of Interns.--Interns participating 
in the program shall be considered probationary employees without civil 
service protections under chapter 33 of title 5, United States Code. In 
administering any personnel ceiling applicable to an executive agency 
or a unit of an executive agency, an individual assigned as an intern 
under the program shall not be counted.</DELETED>
<DELETED>    ``(f) Agency Management of Program.--The Chief Acquisition 
Officer of each executive agency, in consultation with the Chief Human 
Capital Officer of such agency, shall establish a central intern 
management function in the agency to supervise and manage interns 
participating in the program.''.</DELETED>
<DELETED>    (c) Acquisition Fellowship Program.--</DELETED>
        <DELETED>    (1) In general.--The Director of the Office of 
        Personnel Management shall establish an Acquisition Fellowship 
        Program that provides funding for tuition, room and board, and 
        a stipend for outstanding students and professionals who make a 
        commitment to serve in the acquisition and contracting fields 
        of the Federal Government for a period of 3 years.</DELETED>
        <DELETED>    (2) Service agreements.--The providing of funding 
        under this section shall be contingent upon an individual 
        entering into a written agreement to complete 3 years of 
        service in the acquisition and contracting fields.</DELETED>
        <DELETED>    (3) Repayment requirement.--Candidates who do not 
        successfully complete the program, or do not fulfill the 
        Federal work requirements in such fields, shall be obligated to 
        reimburse the funds provided.</DELETED>
<DELETED>    (d) Government-Industry Exchange Program.--The Office of 
Federal Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by 
subsection (b), is further amended by adding at the end the following 
new section:</DELETED>

<DELETED>``SEC. 44. GOVERNMENT-INDUSTRY EXCHANGE PROGRAM.</DELETED>

<DELETED>    ``(a) In General.--The Administrator shall, in 
coordination with the Director of the Office of Personnel Management, 
establish a Federal Government-industry exchange program for 
acquisition professionals that includes exceptional Government 
contracting officers.</DELETED>
<DELETED>    ``(b) Workforce Development.--</DELETED>
        <DELETED>    ``(1) In general.--In implementing the program 
        established under subsection (a), the Administrator shall--
        </DELETED>
                <DELETED>    ``(A) analyze, on an ongoing basis, the 
                personnel needs of the Federal Government related to 
                acquisition and contracting;</DELETED>
                <DELETED>    ``(B) identify where current acquisition 
                and contracting training do not satisfy the personnel 
                needs described in subparagraph (A);</DELETED>
                <DELETED>    ``(C) oversee the development of 
                curricula, training methods, and training priorities 
                that correspond to the projected personnel needs of the 
                Federal Government related to acquisition and 
                contracting; and</DELETED>
                <DELETED>    ``(D) assess the training of Federal 
                employees in acquisition and contracting disciplines in 
                order to ensure that the acquisition and contracting 
                needs of the Federal Government are 
                addressed.</DELETED>
        <DELETED>    ``(2) Acquisition and contracting training 
        programs.--The head of each executive agency, after 
        consultation with the Administrator, shall establish and 
        operate acquisition and contracting training programs 
        consistent with the requirements of this subsection. Such 
        programs shall--</DELETED>
                <DELETED>    ``(A) have curricula covering a broad 
                range of acquisition and contracting disciplines 
                corresponding to the specific acquisition and 
                contracting needs of the agency involved;</DELETED>
                <DELETED>    ``(B) be developed and applied according 
                to rigorous standards; and</DELETED>
                <DELETED>    ``(C) be designed to maximize efficiency, 
                through the use of self-paced courses, online courses, 
                on-the-job training, and the use of remote instructors, 
                wherever such features can be applied without reducing 
                the effectiveness of the training or negatively 
                impacting academic standards.</DELETED>
        <DELETED>    ``(3) Governmentwide policies and evaluation.--The 
        Administrator, in coordination with the Director of the Office 
        of Management and Budget, shall issue policies to promote the 
        development of performance standards for training and uniform 
        implementation of this subsection by executive agencies, with 
        due regard for differences in program requirements among 
        agencies that may be appropriate and warranted in view of the 
        agency mission. The Administrator shall evaluate the 
        implementation of the provisions of this subsection by 
        executive agencies.</DELETED>
        <DELETED>    ``(4) Chief acquisition officer authorities and 
        responsibilities.--Subject to the authority, direction, and 
        control of the head of an executive agency, the Chief 
        Acquisition Officer of such agency shall carry out all powers, 
        functions, and duties of the head of the agency with respect to 
        implementation of this subsection. The Chief Acquisition 
        Officer shall ensure that the policies of the agency head 
        established in accordance with this subsection are implemented 
        throughout the agency.</DELETED>
        <DELETED>    ``(5) Acquisition and contracting training 
        reporting.--The Administrator shall ensure that the heads of 
        executive agencies collect and maintain standardized 
        information on the acquisition and contracting workforce 
        related to the implementation of this subsection.</DELETED>
        <DELETED>    ``(6) Authority to detail employees to non-federal 
        employers.--In carrying out the preceding provisions of this 
        subsection, the Administrator may provide for a program under 
        which a Federal employee may be detailed to a non-Federal 
        employer. The Administrator shall prescribe regulations for 
        such program, including--</DELETED>
                <DELETED>    ``(A) the conditions for service and 
                duties as the Administrator considers necessary; 
                and</DELETED>
                <DELETED>    ``(B) safeguards to avoid conflicts of 
                interest involving Federal employees who have been 
                detailed to non-Federal employers.</DELETED>
        <DELETED>    ``(7) Coordination provision.--An assignment 
        described in section 3703 of title 5, United States Code, may 
        not be made unless a program under paragraph (6) is 
        established, and the assignment is made in accordance with the 
        requirements of such program.</DELETED>
        <DELETED>    ``(8) Employee participation.--Subject to 
        acquisition and contracting needs and the limitations imposed 
        by resource needs in other occupational areas, and consistent 
        with their overall workforce development strategies, agencies 
        shall encourage employees to participate in occupational 
        acquisition and contracting training.</DELETED>
<DELETED>    ``(c) Participation of Small Businesses.--In implementing 
the program, the Administrator shall make every effort to ensure that 
at least 20 percent of the assignments be made with small 
businesses.</DELETED>
<DELETED>    ``(d) Report.--Not later than 3 years after the date of 
the enactment of the Accountability in Government Contracting Act of 
2007, the Administrator, in consultation with the Director of the 
Office of Personnel Management, shall submit a report to Congress on 
the implementation of the exchange program, including any 
recommendations for statutory changes to enhance the utilization of the 
program and enhance its benefits.''.</DELETED>
<DELETED>    (e) Acquisition Workforce Human Capital Strategic Plan.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of the enactment of this Act, each Chief Acquisition 
        Officer for an executive agency appointed pursuant to section 
        16 of the Office of Federal Procurement Policy Act (41 U.S.C. 
        414) shall develop, in consultation with the Chief Human 
        Capital Officer for the agency and the Assistant Administrator 
        for Acquisition Workforce Programs, a strategic human capital 
        plan for the recruitment, development, and retention of the 
        agency's acquisition workforce, with a particular focus on 
        warranted contracting officers of the agency.</DELETED>
        <DELETED>    (2) Content of plan.--The acquisition workforce 
        human capital plan shall address--</DELETED>
                <DELETED>    (A) support for and recruitment of 
                personnel from procurement intern programs;</DELETED>
                <DELETED>    (B) development of the agency's 
                acquisition workforce, including training 
                needs;</DELETED>
                <DELETED>    (C) development of strategies to retain 
                high performing acquisition professionals who possess 
                critical relevant skills;</DELETED>
                <DELETED>    (D) support for and recruitment of 
                personnel from the Federal Career Intern Program; 
                and</DELETED>
                <DELETED>    (E) support for and recruitment of 
                personnel from the Presidential Management Fellows 
                Program.</DELETED>

     <DELETED>Subtitle B--Competition and Accountability</DELETED>

<DELETED>SEC. 111. COMPETITION IN MULTIPLE AWARD CONTRACTS.</DELETED>

<DELETED>    (a) Civilian Agency Contracts.--</DELETED>
        <DELETED>    (1) Competition requirement.--Subsection (b) of 
        section 303J of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 253j(b)) is amended--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (4) as subparagraphs (A) through (D), 
                respectively;</DELETED>
                <DELETED>    (B) by striking ``Contracts.--When'' and 
                inserting the following: ``Contracts.--</DELETED>
        <DELETED>    ``(1) Task or delivery orders in excess of 
        $2,500.--When'';</DELETED>
                <DELETED>    (C) by moving each of subparagraphs (A) 
                through (D) (as redesignated by subparagraph (A)) 2 ems 
                to the right; and</DELETED>
                <DELETED>    (D) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(2) Task or delivery orders in excess of the 
        simplified acquisition threshold.--</DELETED>
                <DELETED>    ``(A) In general.--Any award that is made 
                under a task or delivery order contract that is 
                anticipated to exceed the simplified acquisition 
                threshold (as defined by section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) shall 
                be made on a competitive basis unless a contracting 
                officer of the executive agency--</DELETED>
                        <DELETED>    ``(i) waives the requirement on 
                        the basis of a determination that--</DELETED>
                                <DELETED>    ``(I) one of the 
                                circumstances described in 
                                subparagraphs (A) through (D) of 
                                paragraph (1) applies to such 
                                individual purchase; or</DELETED>
                                <DELETED>    ``(II) a statute expressly 
                                authorizes or requires that the 
                                purchase be made from a specified 
                                source; and</DELETED>
                        <DELETED>    ``(ii) justifies the determination 
                        in writing.</DELETED>
                <DELETED>    ``(B) Competitive basis defined.--For 
                purposes of this paragraph, an individual purchase of 
                goods or services is made on a competitive basis only 
                if it is made pursuant to procedures that--</DELETED>
                        <DELETED>    ``(i) require fair notice of the 
                        intent to make that purchase (including a 
                        description of the work to be performed and the 
                        basis on which the selection will be made) to 
                        be provided to all contractors offering such 
                        goods or services under the multiple award 
                        contract; and</DELETED>
                        <DELETED>    ``(ii) afford all contractors 
                        responding to the notice a fair opportunity to 
                        make an offer and have that offer fairly 
                        considered by the official making the 
                        purchase.</DELETED>
                <DELETED>    ``(C) Exception to notice requirement.--
                Notwithstanding subparagraph (B), notice may be 
                provided to fewer than all contractors offering such 
                goods or services under a multiple award contract if 
                notice is provided to as many contractors as 
                practicable.</DELETED>
                <DELETED>    ``(D) Limitation to exception.--A purchase 
                may not be made pursuant to a notice that is provided 
                to fewer than all contractors under subparagraph (C) 
                unless--</DELETED>
                        <DELETED>    ``(i) offers were received from at 
                        least 3 qualified contractors; or</DELETED>
                        <DELETED>    ``(ii) a contracting officer of 
                        the executive agency determines in writing that 
                        no additional qualified contractors were able 
                        to be identified despite reasonable efforts to 
                        do so.</DELETED>
                <DELETED>    ``(E) Individual purchase defined.--For 
                purposes of this paragraph, the term `individual 
                purchase' means a task order, delivery order, or other 
                purchase.''.</DELETED>
        <DELETED>    (2) Notice requirements.--Such section is further 
        amended--</DELETED>
                <DELETED>    (A) by redesignating subsection (f) as 
                subsection (g); and</DELETED>
                <DELETED>    (B) by inserting after subsection (e) the 
                following new subsection:</DELETED>
<DELETED>    ``(f) Notice Requirements Related to Sole Source Task or 
Delivery Orders.--The head of each executive agency shall--</DELETED>
        <DELETED>    ``(1) publish on FedBizOpps notice of all sole 
        source task or delivery orders in excess of the simplified 
        acquisition threshold (as defined by section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403)) that are placed 
        against multiple award contracts or multiple award blanket 
        purchase agreements not later than 10 days after such orders 
        are placed, except in the event of extraordinary circumstances 
        or classified orders; and</DELETED>
        <DELETED>    ``(2) publish on the Internet website of the 
        executive agency and through the Federal Procurement Data 
        System the justification and approval documents related to sole 
        source task or delivery orders placed against multiple award 
        contracts or multiple award blank purchase agreements not later 
        than 14 days after such orders are placed.''.</DELETED>
<DELETED>    (b) Defense Contracts.--</DELETED>
        <DELETED>    (1) Competition requirement.--Subsection (b) of 
        section 2304c of title 10, United States Code, is amended--
        </DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (4) as subparagraphs (A) through (D), 
                respectively;</DELETED>
                <DELETED>    (B) by striking ``Contracts.--When'' and 
                inserting the following: ``Contracts.--</DELETED>
        <DELETED>    ``(1) Task or delivery orders in excess of 
        $2,500.--When'';</DELETED>
                <DELETED>    (C) by moving each of subparagraphs (A) 
                through (D) (as redesignated by subparagraph (A)) 2 ems 
                to the right; and</DELETED>
                <DELETED>    (D) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(2) Task or delivery orders in excess of the 
        simplified acquisition threshold.--</DELETED>
                <DELETED>    ``(A) In general.--Any award that is made 
                under a task or delivery order contract that is 
                anticipated to exceed the simplified acquisition 
                threshold (as defined by section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) shall 
                be made on a competitive basis unless a contracting 
                officer of the agency--</DELETED>
                        <DELETED>    ``(i) waives the requirement on 
                        the basis of a determination that--</DELETED>
                                <DELETED>    ``(I) one of the 
                                circumstances described in 
                                subparagraphs (A) through (D) of 
                                paragraph (1) applies to such 
                                individual purchase; or</DELETED>
                                <DELETED>    ``(II) a statute expressly 
                                authorizes or requires that the 
                                purchase be made from a specified 
                                source; and</DELETED>
                        <DELETED>    ``(ii) justifies the determination 
                        in writing.</DELETED>
                <DELETED>    ``(B) Competitive basis defined.--For 
                purposes of this paragraph, an individual purchase of 
                goods or services is made on a competitive basis only 
                if it is made pursuant to procedures that--</DELETED>
                        <DELETED>    ``(i) require fair notice of the 
                        intent to make that purchase (including a 
                        description of the work to be performed and the 
                        basis on which the selection will be made) to 
                        be provided to all contractors offering such 
                        goods or services under the multiple award 
                        contract; and</DELETED>
                        <DELETED>    ``(ii) afford all contractors 
                        responding to the notice a fair opportunity to 
                        make an offer and have that offer fairly 
                        considered by the official making the 
                        purchase.</DELETED>
                <DELETED>    ``(C) Exception to notice requirement.--
                Notwithstanding subparagraph (B), notice may be 
                provided to fewer than all contractors offering such 
                goods or services under a multiple award contract if 
                notice is provided to as many contractors as 
                practicable.</DELETED>
                <DELETED>    ``(D) Limitation to exception.--A purchase 
                may not be made pursuant to a notice that is provided 
                to fewer than all contractors under subparagraph (C) 
                unless--</DELETED>
                        <DELETED>    ``(i) offers were received from at 
                        least 3 qualified contractors; or</DELETED>
                        <DELETED>    ``(ii) a contracting officer of 
                        the agency determines in writing that no 
                        additional qualified contractors were able to 
                        be identified despite reasonable efforts to do 
                        so.</DELETED>
                <DELETED>    ``(E) Individual purchase defined.--For 
                purposes of this paragraph, the term `individual 
                purchase' means a task order, delivery order, or other 
                purchase.''.</DELETED>
        <DELETED>    (2) Notice requirements.--Such section is further 
        amended--</DELETED>
                <DELETED>    (A) by redesignating subsection (f) as 
                subsection (g); and</DELETED>
                <DELETED>    (B) by inserting after subsection (e) the 
                following new subsection:</DELETED>
<DELETED>    ``(f) Notice Requirements Related to Sole Source Task or 
Delivery Orders.--The head of each agency shall--</DELETED>
        <DELETED>    ``(1) publish on FedBizOpps notice of all sole 
        source task or delivery orders in excess of the simplified 
        acquisition threshold (as defined by section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403)) that are placed 
        against multiple award contracts or multiple award blanket 
        purchase agreements not later than 10 days after such orders 
        are placed, except in the event of extraordinary circumstances 
        or classified orders; and</DELETED>
        <DELETED>    ``(2) publish on the Internet website of the 
        agency and through the Federal Procurement Data System the 
        justification and approval documents related to sole source 
        task or delivery orders placed against multiple award contracts 
        or multiple award blank purchase agreements not later than 14 
        days after such orders are placed.''.</DELETED>

<DELETED>SEC. 112. STATEMENT OF WORK REQUIREMENTS FOR CERTAIN TASK OR 
              DELIVERY ORDERS.</DELETED>

<DELETED>    (a) Civilian Contracts.--Section 303J(c) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253j(c)) is 
amended to read as follows:</DELETED>
<DELETED>    ``(c) Statement of Work and Selection Basis.--</DELETED>
        <DELETED>    ``(1) In general.--A task or delivery order shall 
        include a statement of work that clearly specifies all tasks to 
        be performed or property to be delivered under the 
        order.</DELETED>
        <DELETED>    ``(2) Task or delivery orders in excess of 
        $5,000,000.--The statement of work for a task or delivery order 
        in excess of $5,000,000 under a task or delivery order contract 
        shall be made available to each contractor awarded such 
        contract and shall--</DELETED>
                <DELETED>    ``(A) include a clear statement of the 
                executive agency's requirements;</DELETED>
                <DELETED>    ``(B) permit a reasonable response 
                period;</DELETED>
                <DELETED>    ``(C) disclose the significant factors and 
                sub-factors that the executive agency expects to 
                consider in evaluating proposals, including cost, 
                price, and the relative importance of those and other 
                factors;</DELETED>
                <DELETED>    ``(D) in the case of an award that is to 
                be made on a best value basis, include a written 
                statement documenting the basis for the award and the 
                relative importance of quality and price or cost 
                factors; and</DELETED>
                <DELETED>    ``(E) state that the technical 
                requirements applicable to source selection in 
                competitive negotiated acquisitions shall not 
                apply.''.</DELETED>
<DELETED>    (b) Defense Contracts.--Section 2304c(c) of title 10, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(c) Statement of Work and Selection Basis.--</DELETED>
        <DELETED>    ``(1) In general.--A task or delivery order shall 
        include a statement of work that clearly specifies all tasks to 
        be performed or property to be delivered under the 
        order.</DELETED>
        <DELETED>    ``(2) Task or delivery orders in excess of 
        $5,000,000.--The statement of work for a task or delivery order 
        in excess of $5,000,000 under a task or delivery order contract 
        shall be made available to each contractor awarded such 
        contract and shall--</DELETED>
                <DELETED>    ``(A) include a clear statement of the 
                agency's requirements;</DELETED>
                <DELETED>    ``(B) permit a reasonable response 
                period;</DELETED>
                <DELETED>    ``(C) disclose the significant factors and 
                sub-factors that the agency expects to consider in 
                evaluating proposals, including cost, price, and the 
                relative importance of those and other 
                factors;</DELETED>
                <DELETED>    ``(D) in the case of an award that is to 
                be made on a best value basis, include a written 
                statement documenting the basis for the award and the 
                relative importance of quality and price or cost 
                factors; and</DELETED>
                <DELETED>    ``(E) state that the technical 
                requirements applicable to source selection in 
                competitive negotiated acquisitions shall not 
                apply.''.</DELETED>

<DELETED>SEC. 113. POSTAWARD BRIEFINGS FOR TASK AND DELIVERY 
              ORDERS.</DELETED>

<DELETED>    (a) Civilian Agency Contracts.--The Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended 
by inserting after section 303J the following new section:</DELETED>

<DELETED>``SEC. 303J--1. TASK AND DELIVERY ORDER: POSTAWARD 
              BRIEFINGS.</DELETED>

<DELETED>    ``The head of an executive agency awarding a task or 
delivery order valued at over $5,000,000 under a multiple award 
contract shall provide to each offeror not awarded such order the 
opportunity for a postaward debriefing. The debriefing information 
shall include--</DELETED>
        <DELETED>    ``(1) the executive agency's evaluation of the 
        significant weaknesses or deficiencies in the offeror's 
        proposal, if applicable;</DELETED>
        <DELETED>    ``(2) the overall evaluated cost or price 
        (including unit prices), and technical rating, if applicable, 
        of the successful offeror and the debriefed offeror, and past 
        performance information on the debriefed offeror;</DELETED>
        <DELETED>    ``(3) the overall ranking of all offerors, when 
        any ranking was developed by the agency during the source 
        selection;</DELETED>
        <DELETED>    ``(4) a summary of the rationale for the 
        award;</DELETED>
        <DELETED>    ``(5) for acquisitions of commercial items, the 
        make and model of the item to be delivered by the successful 
        offeror; and</DELETED>
        <DELETED>    ``(6) reasonable responses to relevant questions 
        about whether source selection procedures contained in the 
        solicitation, applicable regulations, and other applicable 
        authorities were followed.''.</DELETED>
<DELETED>    (b) Defense Contracts.--</DELETED>
        <DELETED>    (1) Postaward briefing requirement.--Chapter 137 
        of title 10, United States Code, is amended by inserting after 
        section 2304c the following new section:</DELETED>
<DELETED>``Sec. 2304c-1. Task and delivery order contracts: postaward 
              briefings</DELETED>
<DELETED>    ``The head of an agency awarding a task or delivery order 
valued at over $5,000,000 under a multiple award contract shall provide 
to each offeror not awarded such order the opportunity for a postaward 
debriefing. The debriefing information shall include--</DELETED>
        <DELETED>    ``(1) the agency's evaluation of the significant 
        weaknesses or deficiencies in the offeror's proposal, if 
        applicable;</DELETED>
        <DELETED>    ``(2) the overall evaluated cost or price 
        (including unit prices), and technical rating, if applicable, 
        of the successful offeror and the debriefed offeror, and past 
        performance information on the debriefed offeror;</DELETED>
        <DELETED>    ``(3) the overall ranking of all offerors, when 
        any ranking was developed by the agency during the source 
        selection;</DELETED>
        <DELETED>    ``(4) a summary of the rationale for the 
        award;</DELETED>
        <DELETED>    ``(5) for acquisitions of commercial items, the 
        make and model of the item to be delivered by the successful 
        offeror; and</DELETED>
        <DELETED>    ``(6) reasonable responses to relevant questions 
        about whether source selection procedures contained in the 
        solicitation, applicable regulations, and other applicable 
        authorities were followed.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of such chapter is amended by inserting after the 
        item relating to section 2304c the following new 
        item:</DELETED>

<DELETED>``2304c-1. Task and delivery order contracts: postaward 
                            briefings.''.

<DELETED>SEC. 114. PROTESTS OF TASK AND DELIVERY ORDERS.</DELETED>

<DELETED>    (a) Civilian Agency Contracts.--Section 303J(d) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253j(d)) is amended to read as follows:</DELETED>
<DELETED>    ``(d) Protests.--(1) A protest is not authorized in 
connection with the issuance or proposed issuance of a task or delivery 
order except for--</DELETED>
        <DELETED>    ``(A) a protest on the ground that the order 
        increases the scope, period, or maximum value of the contract 
        under which the order is issued; or</DELETED>
        <DELETED>    ``(B) a protest of an order valued at greater than 
        $5,000,000.</DELETED>
<DELETED>    ``(2) Notwithstanding section 3556 of title 31, United 
States Code, the Comptroller General of the United States shall have 
exclusive jurisdiction of a protest authorized under paragraph 
(1)(B).''.</DELETED>
<DELETED>    (b) Defense Contracts.--Section 2304c(d) of title 10, 
United States Code is amended to read as follows:</DELETED>
<DELETED>    ``(d) Protests.--(1) A protest is not authorized in 
connection with the issuance or proposed issuance of a task or delivery 
order except for--</DELETED>
        <DELETED>    ``(A) a protest on the ground that the order 
        increases the scope, period, or maximum value of the contract 
        under which the order is issued; or</DELETED>
        <DELETED>    ``(B) a protest of an order valued at greater than 
        $5,000,000.</DELETED>
<DELETED>    ``(2) Notwithstanding section 3556 of title 31, United 
States Code, the Comptroller General of the United States shall have 
exclusive jurisdiction of a protest authorized under paragraph 
(1)(B).''.</DELETED>
<DELETED>    (c) Preference for Use of Express Option for Deciding 
Protests.--Section 3554(a)(2) of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``(2) The Comptroller General'' 
        and inserting ``(2)(A) The Comptroller General''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subparagraph:</DELETED>
<DELETED>    ``(B) The Comptroller General shall use the express option 
established pursuant to subparagraph (A) to decide protests under 
section 303J(d) of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253j(d)) and section 2304c(d) of title 10, United 
States Code, related to the issuance or proposed issuance of a task or 
delivery order valued at greater than $5,000,000 and less than 
$25,000,000, unless the Comptroller General determines that the protest 
is not suitable for resolution within 65 days after the date the 
protest is submitted.''.</DELETED>

<DELETED>SEC. 115. PUBLICATION OF JUSTIFICATION AND APPROVAL 
              DOCUMENTS.</DELETED>

<DELETED>    (a) Civilian Contracts.--Section 303(f)(1) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) 
is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)(iii), by striking ``; 
        and'' and inserting a semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (C), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(D) the justification and approval documents are 
        made publicly available on the Internet website of the agency 
        and FedBizOpps.''.</DELETED>
<DELETED>    (b) Defense Contracts.--Section 2304(f) of title 10, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)(iii), by striking ``; 
        and'' and inserting a semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (C), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(D) the justification and approval documents are 
        made publicly available on the Internet website of the agency 
        and FedBizOpps.''.</DELETED>

<DELETED>SEC. 116. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 
              CONTRACTS.</DELETED>

<DELETED>    (a) Civilian Agency Contracts.--Section 303(d) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253(d)) is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an executive agency pursuant 
to the authority provided under subsection (c)(2)--</DELETED>
        <DELETED>    ``(i) may not exceed the time necessary--
        </DELETED>
                <DELETED>    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and</DELETED>
                <DELETED>    ``(II) for the executive agency to enter 
                into another contract for the required goods or 
                services through the use of competitive procedures; 
                and</DELETED>
        <DELETED>    ``(ii) may not exceed 150 days unless the head of 
        the executive agency entering into such contract determines 
        that exceptional circumstances apply.</DELETED>
<DELETED>    ``(B) This paragraph applies to any contract in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)).''.</DELETED>
<DELETED>    (b) Defense Contracts.--Section 2304(d) of title 10, 
United States Code, is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an agency pursuant to the 
authority provided under subsection (c)(2)--</DELETED>
        <DELETED>    ``(i) may not exceed the time necessary--
        </DELETED>
                <DELETED>    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and</DELETED>
                <DELETED>    ``(II) for the agency to enter into 
                another contract for the required goods or services 
                through the use of competitive procedures; 
                and</DELETED>
        <DELETED>    ``(ii) may not exceed 150 days unless the head of 
        the agency entering into such contract determines that 
        exceptional circumstances apply.</DELETED>
<DELETED>    ``(B) This paragraph applies to any contract in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)).''.</DELETED>

<DELETED>SEC. 117. PROHIBITION ON AWARD OF CERTAIN LARGE TASK OR 
              DELIVERY ORDER CONTRACTS FOR SERVICES.</DELETED>

<DELETED>    (a) Civilian Agency Contracts.--Section 303H(d) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253h(d)) is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(4)(A) No task or delivery order contract for services 
in an amount estimated to exceed $100,000,000 (including all options) 
may be awarded to a single contractor unless the head of the agency 
determines in writing that--</DELETED>
        <DELETED>    ``(i) because of the size, scope, or method of 
        performance of the requirement, it would not be practical to 
        award multiple task or delivery order contracts;</DELETED>
        <DELETED>    ``(ii) the task orders expected under the contract 
        are so integrally related that only a single contractor can 
        reasonably perform the work; or</DELETED>
        <DELETED>    ``(iii) for any other reason, it is necessary in 
        the public interest to award the contract to a single 
        contractor.</DELETED>
<DELETED>    ``(B) The head of the agency shall notify Congress within 
30 days of any determination under subparagraph (A)(iii).</DELETED>
<DELETED>    ``(C) The head of the agency shall post the justification 
and approval documents related to a determination under subparagraph 
(A) on the Internet website of the agency and on the Federal Business 
Opportunities (FedBizOpps) Internet website.''.</DELETED>
<DELETED>    (b) Defense Contracts.--Section 2304a(d) of title 10, 
United States Code, is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(4)(A) No task or delivery order contract for services 
in an amount estimated to exceed $100,000,000 (including all options) 
may be awarded to a single contractor unless the head of the agency 
determines in writing that--</DELETED>
        <DELETED>    ``(i) because of the size, scope, or method of 
        performance of the requirement, it would not be practical to 
        award multiple task or delivery order contracts;</DELETED>
        <DELETED>    ``(ii) the task orders expected under the contract 
        are so integrally related that only a single contractor can 
        reasonably perform the work; or</DELETED>
        <DELETED>    ``(iii) for any other reason, it is necessary in 
        the public interest to award the contract to a single 
        contractor.</DELETED>
<DELETED>    ``(B) The head of the agency shall notify Congress within 
30 days of any determination under subparagraph (A)(iii).</DELETED>
<DELETED>    ``(C) The head of the agency shall post the justification 
and approval documents related to a determination under subparagraph 
(A) on the Internet website of the agency and on the Federal Business 
Opportunities (FedBizOpps) Internet website.''.</DELETED>

<DELETED>SEC. 118. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS FOR 
              CONTRACTS AND TASK ORDERS UNDER CONTRACTS.</DELETED>

<DELETED>    (a) Guidance Required.--The Administrator for Federal 
Procurement Policy shall prescribe guidance for executive agencies on 
the use of tiered evaluations of offers for contracts and for task or 
delivery orders under contracts. In prescribing such guidance, the 
Administrator shall give full consideration to the guidance prescribed 
by the Secretary of Defense under section 816 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 
2305).</DELETED>
<DELETED>    (b) Elements.--The guidance prescribed under subsection 
(a) shall include a prohibition on the initiation by a contracting 
officer of a tiered evaluation of an offer for a contract or for a task 
or delivery order under a contract unless the contracting officer--
</DELETED>
        <DELETED>    (1) has conducted market research in accordance 
        with part 10 of the Federal Acquisition Regulation in order to 
        determine whether or not a sufficient number of qualified small 
        businesses are available to justify limiting competition for 
        the award of such contract or task or delivery order under 
        applicable law and regulations;</DELETED>
        <DELETED>    (2) is unable, after conducting market research 
        under paragraph (1), to make the determination described in 
        that paragraph; and</DELETED>
        <DELETED>    (3) includes in the contract file a written 
        explanation of why such contracting officer was unable to make 
        such determination.</DELETED>

<DELETED>SEC. 119. PLAN FOR MINIMIZING COST-REIMBURSEMENT 
              CONTRACTS.</DELETED>

<DELETED>    The head of each executive agency shall develop a plan for 
minimizing the use of cost-reimbursement contracts.</DELETED>

    <DELETED>Subtitle C--Accountability and Administration</DELETED>

<DELETED>SEC. 121. RECORDING OF OBLIGATIONS ON TASK ORDER 
              CONTRACTS.</DELETED>

<DELETED>    (a) Civilian Contracts.--</DELETED>
        <DELETED>    (1) In general.--Section 303H of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        253h) is amended--</DELETED>
                <DELETED>    (A) by redesignating subsections (f) and 
                (g) as subsections (g) and (h), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after subsection (e) the 
                following new subsection:</DELETED>
<DELETED>    ``(f) Authority To Defer Recording Obligations on Task or 
Delivery Order Contracts.--(1) Subject to paragraphs (2) and (3), the 
head of an executive agency may defer the recording of an obligation, 
including an obligation in the amount of the guaranteed minimum, under 
a contract awarded under this section until the issuance of a task or 
delivery order.</DELETED>
<DELETED>    ``(2) The amount of the guaranteed minimum under a 
contract must be obligated during the same fiscal year during which the 
contract is awarded unless waived by the head of the executive agency 
for exceptional circumstances.</DELETED>
<DELETED>    ``(3) The amount of the guaranteed minimum under a 
contract may be satisfied by multiple task or delivery orders, but the 
full value of each individual task or delivery order must be obligated 
when such order is issued.''.</DELETED>
        <DELETED>    (2) Advisory and assistance services.--Section 
        303I of such Act (41 U.S.C. 253i) is amended--</DELETED>
                <DELETED>    (A) by redesignating subsections (h) and 
                (i) as subsections (i) and (j), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after subsection (g) the 
                following new subsection:</DELETED>
<DELETED>    ``(h) Authority To Defer Recording Obligations on Task or 
Delivery Order Contracts.--(1) Subject to paragraphs (2) and (3), the 
head of an executive agency may defer the recording of an obligation, 
including an obligation in the amount of the guaranteed minimum, under 
a contract awarded under this section until the issuance of a task or 
delivery order.</DELETED>
<DELETED>    ``(2) The amount of the guaranteed minimum under a 
contract must be obligated during the same fiscal year during which the 
contract is awarded unless waived by the head of the executive agency 
for exceptional circumstances.</DELETED>
<DELETED>    ``(3) The amount of the guaranteed minimum under a 
contract may be satisfied by multiple task or delivery orders, but the 
full value of each individual task or delivery order must be obligated 
when such order is issued.''.</DELETED>
<DELETED>    (b) Defense Contracts.--</DELETED>
        <DELETED>    (1) In general.--Section 2304a of title 10, United 
        States Code, is amended--</DELETED>
                <DELETED>    (A) by redesignating subsections (g) and 
                (h) as subsections (h) and (i), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after subsection (f) the 
                following new subsection:</DELETED>
<DELETED>    ``(g) Authority To Defer Recording Obligations on Task or 
Delivery Order Contracts.--(1) Subject to paragraphs (2) and (3), the 
head of an agency may defer the recording of an obligation, including 
an obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.</DELETED>
<DELETED>    ``(2) The amount of the guaranteed minimum under a 
contract must be obligated during the same fiscal year during which the 
contract is awarded unless waived by the head of the agency for 
exceptional circumstances.</DELETED>
<DELETED>    ``(3) The amount of the guaranteed minimum under a 
contract may be satisfied by multiple task or delivery orders, but the 
full value of each individual task or delivery order must be obligated 
when such order is issued.''.</DELETED>
        <DELETED>    (2) Advisory and assistance services.--Section 
        2304b of title 10, United States Code, is amended--</DELETED>
                <DELETED>    (A) by redesignating subsection (f) as 
                subsections (g); and</DELETED>
                <DELETED>    (B) by inserting after subsection (e) the 
                following new subsection:</DELETED>
<DELETED>    ``(f) Authority To Defer Recording Obligations on Task or 
Delivery Order Contracts.--(1) Subject to paragraphs (2) and (3), the 
head of an agency may defer the recording of an obligation, including 
an obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.</DELETED>
<DELETED>    ``(2) The amount of the guaranteed minimum under a 
contract must be obligated during the same fiscal year during which the 
contract is awarded unless waived by the head of the agency for 
exceptional circumstances.</DELETED>
<DELETED>    ``(3) The amount of the guaranteed minimum under a 
contract may be satisfied by multiple task or delivery orders, but the 
full value of each individual task or delivery order must be obligated 
when such order is issued.''.</DELETED>

<DELETED>SEC. 122. DEFINITIZING OF LETTER CONTRACTS.</DELETED>

<DELETED>    (a) Civilian Contracts.--The Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended 
by adding at the end the following new section:</DELETED>

<DELETED>``SEC. 318. DEFINITIZING OF LETTER CONTRACTS.</DELETED>

<DELETED>    ``The head of an executive agency shall unilaterally 
determine all missing terms in an undefinitized letter contract that 
have not been agreed upon within 180 days after such letter contract 
has been entered into or before 40 percent of the work under such 
letter contract has been completed. Any terms so determined shall be 
subject to the contract disputes process.''.</DELETED>
<DELETED>    (b) Defense Contracts.--</DELETED>
        <DELETED>    (1) Definitizing of letter contracts.--Chapter 137 
        of title 10, United States Code, is amended by inserting after 
        at the end the following new section:</DELETED>
<DELETED>``Sec. 2334. Definitizing of letter contracts</DELETED>
<DELETED>    ``The head of an agency shall unilaterally determine all 
missing terms in an undefinitized letter contract that have not been 
agreed upon within 180 days after such letter contract has been entered 
into or before 50 percent of the work under such letter contract has 
been completed. Any terms so determined shall be subject to the 
contract disputes process.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of such chapter is amended by adding at the end 
        the following new item:</DELETED>

<DELETED>``2334. Definitizing of letter contracts.''.

<DELETED>SEC. 123. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.</DELETED>

<DELETED>    (a) Office of Management and Budget Policy Guidance.--
</DELETED>
        <DELETED>    (1) Report and guidelines.--Not later than one 
        year after the date of the enactment of this Act, the Director 
        of the Office of Management and Budget shall--</DELETED>
                <DELETED>    (A) submit to Congress a comprehensive 
                report on interagency acquisitions, including their 
                frequency of use, management controls, cost-
                effectiveness, and savings generated; and</DELETED>
                <DELETED>    (B) issue guidelines to assist the heads 
                of executive agencies in improving the management of 
                interagency acquisitions.</DELETED>
        <DELETED>    (2) Matters covered by guidelines.--For purposes 
        of paragraph (1)(B), the Director shall include guidelines on 
        the following matters:</DELETED>
                <DELETED>    (A) Procedures for the use of interagency 
                acquisitions to maximize competition, deliver best 
                value to executive agencies, and minimize waste, fraud, 
                and abuse.</DELETED>
                <DELETED>    (B) Categories of contracting 
                inappropriate for interagency acquisition, due to high 
                risk of waste, fraud, or abuse.</DELETED>
                <DELETED>    (C) Requirements for training acquisition 
                workforce personnel in the proper use of interagency 
                acquisitions.</DELETED>
<DELETED>    (b) Regulations Required.--Not later than one year after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to require that all interagency 
acquisitions--</DELETED>
        <DELETED>    (1) include a written agreement between the 
        requesting agency and the servicing agency assigning 
        responsibility for the administration and management of the 
        contract;</DELETED>
        <DELETED>    (2) include a determination that an interagency 
        acquisition is the best procurement alternative; and</DELETED>
        <DELETED>    (3) include sufficient documentation to ensure an 
        adequate audit.</DELETED>
<DELETED>    (c) Agency Reporting Requirement.--The senior procurement 
executive for each executive agency shall, as directed by the Director 
of the Office of Management and Budget, submit to the Director annual 
reports on the actions taken by the executive agency pursuant to the 
guidelines issued under subsection (a).</DELETED>
<DELETED>    (d) Survey of Interagency Contracting.--</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the Administrator for 
        Federal Procurement Policy shall conduct a survey of existing 
        interagency contracts.</DELETED>
        <DELETED>    (2) Content.--The survey conducted under paragraph 
        (1) shall collect the following information:</DELETED>
                <DELETED>    (A) The number of interagency contracts 
                that are currently in operation, and the scope, 
                sponsoring agencies, primary users, activity levels (in 
                terms of orders and value) for the most recent fiscal 
                year, and rationales for such contracts.</DELETED>
                <DELETED>    (B) The level of acquisition activity 
                conducted by the Intergovernmental Revolving Funds 
                (including the Franchise Funds) on behalf of other 
                executive agencies.</DELETED>
                <DELETED>    (C) The number of enterprisewide, single 
                agency contracts that are currently in operation, and 
                the scope, activity levels (in terms of orders and 
                value) for the most recent fiscal year, and rationales 
                for such contracts.</DELETED>
        <DELETED>    (3) Publication.--The Director of the Office of 
        Management and Budget shall make the results of the survey 
        conducted under this subsection publicly available, subject to 
        applicable statutory and regulatory limits on the release of 
        such information.</DELETED>
<DELETED>    (e) Review of Federal Supply Schedule Contracts.--Not 
later than 270 days after the date of the enactment of this Act, the 
Administrator of General Services shall review existing Federal Supply 
Schedule (FSS) contracts to determine whether, in light of the entire 
inventory of interagency contracts, any of the FSS contracts should be 
eliminated in order to avoid unnecessary duplication.</DELETED>
<DELETED>    (f) Review of Other Interagency and Enterprisewide 
Contracts.--Not later than 270 days after the date of the enactment of 
this Act, the Director of the Office of Management and Budget shall 
direct the heads of executive agencies to develop and institute 
procedures for the creation, expansion, oversight, and reauthorization 
of interagency and enterprisewide contracts other than the contracts 
described in subsections (d) and (e). The head of each executive agency 
shall periodically submit reports to the Director on the implementation 
of this subsection and shall make such reports publicly 
available.</DELETED>
<DELETED>    (g) Improved Transparency of Interagency Contracting 
Data.--Not later than 180 days after the date of the enactment of this 
Act, the Director of the Office of Management and Budget shall direct 
appropriate revisions to the governmentwide procurement system known as 
the Federal Procurement Data System-Next Generation in order to 
facilitate the collecting and publication of complete and reliable 
order-level data on interagency contracting transactions.</DELETED>

<DELETED>SEC. 124. PURCHASE CARD WASTE ELIMINATION.</DELETED>

<DELETED>    (a) Requirement for Guidance.--</DELETED>
        <DELETED>    (1) Office of management and budget policy 
        guidance.--Not later than 180 days after the date of the 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall issue guidelines to assist the heads of 
        executive agencies in improving the management of the use of 
        the Governmentwide commercial purchase card for making micro-
        purchases. The Director shall include guidelines on the 
        following matters:</DELETED>
                <DELETED>    (A) Analysis of purchase card expenditures 
                to identify opportunities for achieving savings through 
                micro-purchases made in economical volumes.</DELETED>
                <DELETED>    (B) Negotiation of discount agreements 
                with major vendors accepting the purchase 
                card.</DELETED>
                <DELETED>    (C) Establishment of communication 
                programs to ensure that purchase cardholders receive 
                information pertaining to the availability of 
                discounts, including programs for the training of 
                purchase cardholders on the availability of 
                discounts.</DELETED>
                <DELETED>    (D) Assessment of cardholder purchasing 
                practices, including use of discount 
                agreements.</DELETED>
                <DELETED>    (E) Collection and dissemination of best 
                practices and successful strategies for achieving 
                savings in micro-purchases.</DELETED>
                <DELETED>    (F) Analysis of purchase card expenditures 
                to identify opportunities for achieving and accurately 
                measuring fair participation of small business concerns 
                in micro-purchases consistent with the national policy 
                on small business participation in Federal procurement 
                set forth in sections 2(a) and 15(g) of the Small 
                Business Act (15 U.S.C. 631(a) and 644(g)), and 
                dissemination of best practices for participation of 
                small business concerns in micro-purchases.</DELETED>
        <DELETED>    (2) General services administration.--The 
        Administrator of General Services shall--</DELETED>
                <DELETED>    (A) continue efforts to improve reporting 
                by financial institutions that issue the Governmentwide 
                commercial purchase card so that the General Services 
                Administration has the data needed to identify 
                opportunities for achieving savings; and</DELETED>
                <DELETED>    (B) actively pursue point-of-sale 
                discounts with major vendors accepting the purchase 
                card so that any Federal Government purchaser using the 
                purchase card can benefit from such point-of-sale 
                discounts.</DELETED>
        <DELETED>    (3) Agency reporting requirement.--The senior 
        procurement executive for each executive agency shall, as 
        directed by the Director of the Office of Management and 
        Budget, submit to the Director periodic reports on the actions 
        taken in such executive agency pursuant to the guidelines 
        issued under paragraph (1).</DELETED>
        <DELETED>    (4) Congressional oversight.--Not later than 
        December 31 of the year following the year in which this Act is 
        enacted, and December 31 of each of the ensuing 3 years, the 
        Director of the Office of Management and Budget shall submit to 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate and the Committee on Oversight and Government Reform 
        of the House of Representatives a report summarizing for the 
        fiscal year ending in the year in which such report is due the 
        progress made--</DELETED>
                <DELETED>    (A) in improving the management of the use 
                of the Governmentwide commercial purchase card for 
                making micro-purchases; and</DELETED>
                <DELETED>    (B) in achieving savings in micro-
                purchases made with such card, expressed in terms of 
                average savings achieved by each executive agency in 
                the use of discount agreements identified in paragraph 
                (1) and the total savings achieved 
                Governmentwide.</DELETED>
<DELETED>    (b) Payments to Federal Contractors With Federal Tax 
Debt.--The General Services Administration, in conjunction with the 
Internal Revenue Service and the Financial Management Service, shall 
develop procedures to subject purchase card payments to Federal 
contractors to the Federal Payment Levy program.</DELETED>
<DELETED>    (c) Reporting of Air Travel by Federal Government 
Employees.--</DELETED>
        <DELETED>    (1) Annual reports required.--The Administrator of 
        the General Services shall submit annually to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives a report on all first class and business 
        class travel by employees of each executive agency undertaken 
        at the expense of the Federal Government.</DELETED>
        <DELETED>    (2) Content.--The reports submitted pursuant to 
        paragraph (1) shall include, at a minimum, with respect to each 
        travel by first class or business class--</DELETED>
                <DELETED>    (A) the names of each traveler;</DELETED>
                <DELETED>    (B) the date of travel;</DELETED>
                <DELETED>    (C) the points of origination and 
                destination;</DELETED>
                <DELETED>    (D) the cost of the first class or 
                business class travel; and</DELETED>
                <DELETED>    (E) the cost difference between such 
                travel and travel by coach class.</DELETED>

<DELETED>SEC. 125. LEAD SYSTEMS INTEGRATORS.</DELETED>

<DELETED>    (a) Study.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator for Federal Procurement Policy 
shall develop a government-wide definition of lead systems integrators 
and complete a study the use of such integrators by executive 
agencies.</DELETED>
<DELETED>    (b) Recommendations.--Not later than 180 days after the 
study under subsection (a) is completed, the Administrator for Federal 
Procurement Policy shall submit to Congress recommendations for 
regulations to control the use of lead systems integrators to ensure 
that they are used in the best interests of the Federal 
Government.</DELETED>

<DELETED>SEC. 126. LIMITATIONS ON TIERING OF SUBCONTRACTORS.</DELETED>

<DELETED>    (a) Regulations.--The Administrator for Federal 
Procurement Policy shall promulgate regulations applicable to contracts 
described in subsection (c) to minimize the excessive use by 
contractors of subcontractors or tiers of subcontractors to perform the 
principal work of the contract.</DELETED>
<DELETED>    (b) Specific Requirement.--At a minimum, the regulations 
promulgated under subsection (a) shall preclude a contractor from using 
subcontracts for more than 65 percent of the cost of the contract or 
the cost of any individual task or delivery order (not including 
overhead and profit), unless the head of the executive agency awarding 
the contract determines that such requirement is not feasible or 
practicable.</DELETED>
<DELETED>    (c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)).</DELETED>

<DELETED>SEC. 127. REFORM OF AFGHANISTAN ASSISTANCE PROGRAMS.</DELETED>

<DELETED>    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the United States Agency 
for International Development shall submit to Congress a report on the 
Agency's assistance programs in Afghanistan.</DELETED>
<DELETED>    (b) Contents.--The report required under subsection (a) 
shall include--</DELETED>
        <DELETED>    (1) information about the Agency's assistance 
        programs in Afghanistan, including--</DELETED>
                <DELETED>    (A) the amount of assistance that has been 
                designated for projects in Afghanistan since fiscal 
                year 2002;</DELETED>
                <DELETED>    (B) the amount of money that has been 
                obligated for such purposes;</DELETED>
                <DELETED>    (C) the amount of money that has been 
                expended for such purposes;</DELETED>
                <DELETED>    (D) the number of projects that have been 
                designated or planned under such programs;</DELETED>
                <DELETED>    (E) the level of oversight exercised over 
                such programs by the Department of State, the Agency, 
                and the Government Accountability Office;</DELETED>
                <DELETED>    (F) the specific projects reviewed as part 
                of such oversight; and</DELETED>
                <DELETED>    (G) the findings related to such 
                oversight; and</DELETED>
        <DELETED>    (2) a plan for revising the Agency's strategy for 
        such assistance programs, including--</DELETED>
                <DELETED>    (A) developing measurable goals, specific 
                time frames, and established resource levels;</DELETED>
                <DELETED>    (B) delineating responsibilities related 
                to providing assistance;</DELETED>
                <DELETED>    (C) identifying external factors that 
                could significantly affect the achievement of the 
                Agency's goals; and</DELETED>
                <DELETED>    (D) developing a schedule for program 
                evaluations to assess progress made in achieving the 
                Agency's goals.</DELETED>

<DELETED>SEC. 128. DEBARMENT OF CONTRACTORS THAT ARE SERIOUS THREATS TO 
              NATIONAL SECURITY.</DELETED>

<DELETED>    (a) Debarment.--The head of any executive agency may debar 
a contractor from eligibility for Federal contracts on the basis of a 
finding that the contractor is a serious threat to national 
security.</DELETED>
<DELETED>    (b) Inclusion on List of Parties Excluded From Federal 
Procurement and Nonprocurement Programs.--The Administrator of General 
Services shall include on the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs maintained by the Administrator 
under part 9 of the Federal Acquisition Regulation each contractor that 
is debarred or proposed for debarment under subsection (a).</DELETED>

<DELETED>SEC. 129. REQUIRED ASSIGNMENT OF LEVEL ONE CERTIFIED PROGRAM 
              MANAGERS TO DEPARTMENT OF HOMELAND SECURITY LEVEL ONE 
              PROGRAMS.</DELETED>

<DELETED>    Not later than one year after the date of the enactment of 
this Act, the Secretary of Homeland Security shall assign to each 
program of the Department of Homeland Security with an estimated value 
of more than $100,000,000 at least one program manager certified by the 
Secretary as competent to administer programs of that size.</DELETED>

<DELETED>SEC. 130. ELIMINATION OF ONE-YEAR LIMITATION ON INTEREST DUE 
              ON LATE PAYMENTS TO CONTRACTORS.</DELETED>

<DELETED>    Section 3901(d)(3)(A) of title 31, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(3)(A) Except as provided in subparagraph (B), an 
interest penalty under this chapter does not continue to accrue after a 
claim for an interest penalty is filed in the manner described in 
paragraph (2).''.</DELETED>

        <DELETED>TITLE II--INSPECTORS GENERAL REFORMS</DELETED>

<DELETED>SEC. 201. PROHIBITION OF CASH BONUS OR AWARDS.</DELETED>

<DELETED>    Section 3 of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(e) An Inspector General (as defined under section 
8G(a)(6) or 11(3)) may not receive any cash award or cash bonus, 
including any cash award under chapter 45 of title 5, United States 
Code.''.</DELETED>

<DELETED>SEC. 202. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE 
              SCHEDULE.</DELETED>

<DELETED>    (a) Level IV Positions.--Section 5315 of title 5, United 
States Code, is amended by striking each item relating to the following 
positions:</DELETED>
        <DELETED>    (1) Inspector General, Department of 
        Education.</DELETED>
        <DELETED>    (2) Inspector General, Department of 
        Energy.</DELETED>
        <DELETED>    (3) Inspector General, Department of Health and 
        Human Services.</DELETED>
        <DELETED>    (4) Inspector General, Department of 
        Agriculture.</DELETED>
        <DELETED>    (5) Inspector General, Department of Housing and 
        Urban Development.</DELETED>
        <DELETED>    (6) Inspector General, Department of 
        Labor.</DELETED>
        <DELETED>    (7) Inspector General, Department of 
        Transportation.</DELETED>
        <DELETED>    (8) Inspector General, Department of Veterans 
        Affairs.</DELETED>
        <DELETED>    (9) Inspector General, Department of Homeland 
        Security.</DELETED>
        <DELETED>    (10) Inspector General, Department of 
        Defense.</DELETED>
        <DELETED>    (11) Inspector General, Department of 
        State.</DELETED>
        <DELETED>    (12) Inspector General, Department of 
        Commerce.</DELETED>
        <DELETED>    (13) Inspector General, Department of the 
        Interior.</DELETED>
        <DELETED>    (14) Inspector General, Department of 
        Justice.</DELETED>
        <DELETED>    (15) Inspector General, Department of the 
        Treasury.</DELETED>
        <DELETED>    (16) Inspector General, Agency for International 
        Development.</DELETED>
        <DELETED>    (17) Inspector General, Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (18) Inspector General, Export-Import 
        Bank.</DELETED>
        <DELETED>    (19) Inspector General, Federal Emergency 
        Management Agency.</DELETED>
        <DELETED>    (20) Inspector General, General Services 
        Administration.</DELETED>
        <DELETED>    (21) Inspector General, National Aeronautics and 
        Space Administration.</DELETED>
        <DELETED>    (22) Inspector General, Nuclear Regulatory 
        Commission.</DELETED>
        <DELETED>    (23) Inspector General, Office of Personnel 
        Management.</DELETED>
        <DELETED>    (24) Inspector General, Railroad Retirement 
        Board.</DELETED>
        <DELETED>    (25) Inspector General, Small Business 
        Administration.</DELETED>
        <DELETED>    (26) Inspector General, Tennessee Valley 
        Authority.</DELETED>
        <DELETED>    (27) Inspector General, Federal Deposit Insurance 
        Corporation.</DELETED>
        <DELETED>    (28) Inspector General, Resolution Trust 
        Corporation.</DELETED>
        <DELETED>    (29) Inspector General, Central Intelligence 
        Agency.</DELETED>
        <DELETED>    (30) Inspector General, Social Security 
        Administration.</DELETED>
        <DELETED>    (31) Inspector General, United States Postal 
        Service.</DELETED>
<DELETED>    (b) Level III Positions.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following:</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Education.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Energy.</DELETED>
        <DELETED>    ``Inspector General, Department of Health and 
        Human Services.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Agriculture.</DELETED>
        <DELETED>    ``Inspector General, Department of Housing and 
        Urban Development.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Labor.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Transportation.</DELETED>
        <DELETED>    ``Inspector General, Department of Veterans 
        Affairs.</DELETED>
        <DELETED>    ``Inspector General, Department of Homeland 
        Security.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Defense.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        State.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Commerce.</DELETED>
        <DELETED>    ``Inspector General, Department of the 
        Interior.</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Justice.</DELETED>
        <DELETED>    ``Inspector General, Department of the 
        Treasury.</DELETED>
        <DELETED>    ``Inspector General, Agency for International 
        Development.</DELETED>
        <DELETED>    ``Inspector General, Corporation for Community and 
        National Service.</DELETED>
        <DELETED>    ``Inspector General, Environmental Protection 
        Agency.</DELETED>
        <DELETED>    ``Inspector General, Export-Import Bank.</DELETED>
        <DELETED>    ``Inspector General, Federal Emergency Management 
        Agency.</DELETED>
        <DELETED>    ``Inspector General, General Services 
        Administration.</DELETED>
        <DELETED>    ``Inspector General, National Aeronautics and 
        Space Administration.</DELETED>
        <DELETED>    ``Inspector General, Nuclear Regulatory 
        Commission.</DELETED>
        <DELETED>    ``Inspector General, Office of Personnel 
        Management.</DELETED>
        <DELETED>    ``Inspector General, Railroad Retirement 
        Board.</DELETED>
        <DELETED>    ``Inspector General, Small Business 
        Administration.</DELETED>
        <DELETED>    ``Inspector General, Tennessee Valley 
        Authority.</DELETED>
        <DELETED>    ``Inspector General, Federal Deposit Insurance 
        Corporation.</DELETED>
        <DELETED>    ``Inspector General, Central Intelligence 
        Agency.</DELETED>
        <DELETED>    ``Inspector General, Social Security 
        Administration.</DELETED>
        <DELETED>    ``Inspector General, United States Postal 
        Service.''.</DELETED>
<DELETED>    (c) Savings Provision.--Nothing in this section shall have 
the effect of reducing the rate of pay of any individual serving as an 
Inspector General on the effective date of this section.</DELETED>

<DELETED>SEC. 203. QUALIFICATIONS OF INSPECTORS GENERAL FOR DESIGNATED 
              FEDERAL ENTITIES.</DELETED>

<DELETED>    Section 8G(c) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by adding at the end ``Each Inspector General 
shall be appointed without regard to political affiliation and solely 
on the basis of integrity and demonstrated ability in accounting, 
auditing, financial analysis, law, management analysis, public 
administration, or investigations.''.</DELETED>

<DELETED>SEC. 204. REMOVAL OF INSPECTORS GENERAL FOR DESIGNATED FEDERAL 
              ENTITIES.</DELETED>

<DELETED>    Section 8G(e) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by striking ``shall promptly communicate in 
writing the reasons for any such removal or transfer to both Houses of 
the Congress'' and inserting ``shall communicate in writing the reasons 
for any such removal or transfer to both Houses of the Congress, not 
later than 15 days before the removal or transfer''.</DELETED>

<DELETED>SEC. 205. SUBPOENA POWER.</DELETED>

<DELETED>    Section 6(a)(4) of the Inspector General Act of 1978 (5 
U.S.C. App.), is amended--</DELETED>
        <DELETED>    (1) by inserting ``in any medium (including 
        electronically stored information, as well as any tangible 
        thing)'' after ``other data''; and</DELETED>
        <DELETED>    (2) by striking ``subpena'' and inserting 
        ``subpoena''.</DELETED>

<DELETED>SEC. 206. PROGRAM FRAUD CIVIL REMEDIES ACT.</DELETED>

<DELETED>    Section 3801(a)(1) of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (C), by striking ``and'' after 
        the semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (D), by adding ``and'' after 
        the semicolon ; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(E) a designated Federal entity (as such 
                term is defined under section 8G(a)(2) of the Inspector 
                General Act of 1978).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability in Government 
Contracting Act of 2007''.

SEC. 2. TABLE OF CONTENTS.

    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. 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Except as otherwise provided, the term ``executive 
        agency'' has the meaning given such term in section 4 of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 403).
            (2) The term ``assisted acquisition'' means a procedure by 
        which an executive agency needing supplies or services (the 
        requesting agency) obtains them from another executive agency 
        (the servicing agency). The term includes acquisitions under 
        section 1535 of title 31, United States Code (commonly referred 
        to as the ``Economy Act''), title III of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 251 et 
        seq.), the Clinger-Cohen Act of 1996 (division E of Public Law 
        104-106), and the Government Management Reform Act of 1994 
        (Public Law 103-356; 108 Stat. 3410).
            (3) The term ``micro-purchase'' means a purchase in an 
        amount not in excess of the micro-purchase threshold, as 
        defined in section 32 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 428).
            (4) The term ``multi-agency contract'' means any contract 
        available for use by more than 1 executive agency.

                     TITLE I--ACQUISITION WORKFORCE

SEC. 101. FEDERAL ACQUISITION WORKFORCE.

    (a) Associate Administrator for Acquisition Workforce Programs.--
Section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 
405) is amended by adding at the end the following new subsection:
    ``(l) The Administrator shall designate a member of the Senior 
Executive Service as the Associate Administrator for Workforce 
Programs. The Associate Administrator for Workforce Programs shall be 
located in the Federal Acquisition Institute, or its successor. The 
Associate Administrator shall be responsible for--
            ``(1) supervising the acquisition workforce training fund 
        established under section 37(h)(3);
            ``(2) administering the government-wide acquisition intern 
        program established under section 43;
            ``(3) developing, in coordination with Chief Acquisition 
        Officers and Chief Human Capital Officers, a human capital 
        strategic plan for the acquisition workforce of the Federal 
        Government;
            ``(4) reviewing and providing input to individual agency 
        acquisition workforce succession plans;
            ``(5) recommending to the Administrator and other senior 
        government officials appropriate programs, policies, and 
        practices to increase the quantity and quality of the Federal 
        acquisition workforce; and
            ``(6) carrying out such other functions as the 
        Administrator may assign.''.
    (b) Government-Wide Acquisition Intern Program.--The Office of 
Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 
adding at the end the following new section:

``SEC. 43. GOVERNMENT-WIDE ACQUISITION INTERN PROGRAM.

    ``(a) Establishment of Program.--The Administrator shall establish 
a government-wide Acquisition Intern Program to strengthen the Federal 
acquisition workforce to carry out its key missions through the Federal 
procurement process. The Administrator shall have a goal of involving 
not less than 200 college graduates per year in the Acquisition Intern 
Program.
    ``(b) Administration of Programs.--The Associate Administrator for 
Acquisition Workforce Programs designated under section 6(l) shall be 
responsible for the management, oversight, and administration of the 
Acquisition Intern Program and shall give strong consideration to 
utilizing existing similar programs and seek to build upon those 
programs instead of replacing them or creating new programs.
    ``(c) Terms of Acquisition Intern Program.--
            ``(1) Business-related course work requirement.--
                    ``(A) In general.--Each participant in the 
                Acquisition Intern Program shall have completed 24 
                credit hours of business-related college course work by 
                not later than 3 years after admission into the 
                program.
                    ``(B) Certification criteria.--The Administrator 
                shall establish criteria for certifying the completion 
                of the course work requirement under subparagraph (A).
            ``(2) Structure of program.--The Acquisition Intern Program 
        shall consist of one year of preparatory education and training 
        in Federal procurement followed by 3 years of on-the-job 
        training and development focused on Federal procurement but 
        including rotational assignments in other functional areas.
            ``(3) Employment status of interns.--Interns participating 
        in the Acquisition Intern Program shall be considered 
        probationary employees without civil service protections under 
        chapter 33 of title 5, United States Code. In administering any 
        personnel ceiling applicable to an executive agency or a unit 
        of an executive agency, an individual assigned as an intern 
        under the program shall not be counted.
            ``(4) Agency management of program.--The Chief Acquisition 
        Officer of each executive agency, in consultation with the 
        Chief Human Capital Officer of such agency, shall establish a 
        central intern management function in the agency to supervise 
        and manage interns participating in the Acquisition Intern 
        Program.''.
    (c) Contingency Contracting Corps.--The Office of Federal 
Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by 
subsection (b), is further amended by adding at the end the following 
new section:

``SEC. 44. CONTINGENCY CONTRACTING CORPS.

    ``(a) Establishment.--The Administrator shall establish a 
government-wide Contingency Contracting Corps (in this section, 
referred to as the `Corps'). The members of the Corps shall be 
available for deployment in responding to disasters, natural and man-
made, and contingency operations both within and outside the 
continental United States.
    ``(b) Membership.--Membership in the Corps shall be voluntary and 
open to all Federal employees, including uniformed members of the Armed 
Services, who are currently members of the Federal acquisition 
workforce.
    ``(c) Education and Training.--The Administrator may establish 
additional educational and training requirements, and may pay for these 
additional requirements from funds available in the acquisition 
workforce training fund.
    ``(d) Clothing and Equipment.--The Administrator shall identify any 
necessary clothing and equipment requirements, and may pay for this 
clothing and equipment from funds available in the acquisition 
workforce training fund.
    ``(e) Salary.--The salaries for members of the Corps shall be paid 
by their parent agencies out of existing appropriations.
    ``(f) Authority To Deploy the Corps.--The Administrator, or the 
Administrator's designee, shall have the authority to determine when 
members of the Corps shall be deployed, in consultation with the head 
of the agency or agencies employing the members to be deployed.
    ``(g) Annual Report.--
            ``(1) In general.--The Administrator shall provide to the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Armed Services of the Senate and the Committee on 
        Oversight and Government Reform and the Committee on Armed 
        Services of the House of Representatives an annual report on 
        the status of the Contingency Contracting Corps.
            ``(2) Content.--At a minimum, each report under paragraph 
        (1) shall include the number of members of the Contingency 
        Contracting Corps, the fully burdened cost of operating the 
        program, the number of deployments of members of the program, 
        and the performance of members of the program in deployment.''.
    (d) Acquisition and Contracting Training Programs.--The head of 
each executive agency, after consultation with the Associate 
Administrator for Acquisition Workforce Programs, shall establish and 
operate acquisition and contracting training programs. Such programs 
shall--
            (1) have curricula covering a broad range of acquisition 
        and contracting disciplines corresponding to the specific 
        acquisition and contracting needs of the agency involved;
            (2) be developed and applied according to rigorous 
        standards; and
            (3) be designed to maximize efficiency, through the use of 
        self-paced courses, online courses, on-the-job training, and 
        the use of remote instructors, wherever such features can be 
        applied without reducing the effectiveness of the training or 
        negatively impacting academic standards.
    (e) Government-Wide Policies and Evaluation.--The Administrator 
shall issue policies to promote the development of performance 
standards for training and uniform implementation of this subsection by 
executive agencies, with due regard for differences in program 
requirements among agencies that may be appropriate and warranted in 
view of the agency mission. The Administrator shall evaluate the 
implementation of the provisions of subsection (d) by executive 
agencies.
    (f) Chief Acquisition Officer Authorities and Responsibilities.--
Subject to the authority, direction, and control of the head of an 
executive agency, the Chief Acquisition Officer of such agency shall 
carry out all powers, functions, and duties of the head of the agency 
with respect to implementation of subsection (d). The Chief Acquisition 
Officer shall ensure that the policies of the agency head established 
in accordance with such subsection are implemented throughout the 
agency.
    (g) Acquisition and Contracting Training Reporting.--The 
Administrator shall ensure that the heads of executive agencies collect 
and maintain standardized information on the acquisition and 
contracting workforce related to the implementation of subsection (d).
    (h) Acquisition Workforce Human Capital Succession Plan.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, each Chief Acquisition Officer for 
        an executive agency appointed pursuant to section 16 of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 414) shall 
        develop, in consultation with the Chief Human Capital Officer 
        for the agency and the Associate Administrator for Acquisition 
        Workforce Programs, a succession plan consistent with the 
        agency's strategic human capital plan for the recruitment, 
        development, and retention of the agency's acquisition 
        workforce, with a particular focus on warranted contracting 
        officers and program managers of the agency.
            (2) Content of plan.--The acquisition workforce succession 
        plan shall address--
                    (A) recruitment goals for personnel from 
                procurement intern programs;
                    (B) the agency's acquisition workforce training 
                needs;
                    (C) actions to retain high performing acquisition 
                professionals who possess critical relevant skills;
                    (D) recruitment goals for personnel from the 
                Federal Career Intern Program; and
                    (E) recruitment goals for personnel from the 
                Presidential Management Fellows Program.
    (i) Authorization of Appropriations for Acquisition Programs.--
            (1) Authorization.--There is authorized to be appropriated 
        $5,000,000 for each of fiscal years 2008 and 2009 for the 
        acquisition workforce training fund.
            (2) Use of funds.--Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall be used 
        for--
                    (A) the establishment salary of the Associate 
                Administrator for Acquisition Workforce Training 
                Programs;
                    (B) the establishment and operations of the 
                Acquisition Intern Program and the Contingency 
                Contracting Corps;
                    (C) the costs of administering the acquisition 
                workforce training fund, not to exceed 10 percent of 
                the total funds available in the Fund; and
                    (D) the equipping, education, and training of 
                participants in the Acquisition Intern Program, 
                personnel recruited from the Presidential Management 
                Fellowship Program, personnel recruited from the 
                Federal Career Intern Program, and Contingency 
                Contracting Corps Program.
            (3) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) shall 
        remain available until expended.
    (j) Elimination of Sunset Provision for Acquisition Workforce 
Training Fund.--Section 37(h)(3) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 433(h)(3)) is amended by striking subparagraph 
(H).
    (k) Training in the Acquisition of Architect and Engineering 
Services.--The Administrator for Federal Procurement Policy shall 
ensure that a sufficient number of Federal employees are trained in the 
acquisition of architect and engineering services.
    (l) Extension of Direct Hiring Authority.--Section 1413(b) of the 
Services Acquisition Reform Act of 2003 (title XIV of Public Law 108-
136) is amended by striking ``September 30, 2007'' and inserting 
``September 30, 2010''.
    (m) Qualifications of Chief Acquisition Officers.--Section 16(a) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 414) is amended 
by adding at the end the following new paragraph:
    ``(2) Chief Acquisition Officers shall be appointed from among 
persons who have an extensive management background.''.
    (n) Utilization of Recruitment and Retention Authorities.--The 
Administrator for Federal Procurement Policy, in coordination with the 
Director of the Office of Personnel Management, shall encourage 
agencies to utilize existing authorities, including direct hire 
authority and tuition assistance programs, to recruit and retain 
acquisition personnel and consider recruiting acquisition personnel who 
may be retiring from the private sector, consistent with existing laws 
and regulations.

                TITLE II--COMPETITION AND ACCOUNTABILITY

SEC. 201. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT TO 
              MULTIPLE AWARD CONTRACTS.

    (a) Regulations Required.--Not later than 180 days after the date 
of the enactment of this Act, the Administrator for Federal Procurement 
Policy shall promulgate in the Federal Acquisition Regulation, 
regulations requiring competition in the purchase of property and 
services by all executive agencies pursuant to multiple award 
contracts.
    (b) Content of Regulations.--
            (1) In general.--The regulations required by subsection (a) 
        shall provide, at a minimum, that each individual purchase of 
        property or services in excess of the simplified acquisition 
        threshold that is made under a multiple award contract shall be 
        made on a competitive basis unless a contracting officer--
                    (A) waives the requirement on the basis of a 
                determination that--
                            (i) one of the circumstances described in 
                        paragraphs (1) through (4) of section 303J(b) 
                        of the Federal Property and Administrative 
                        Services Act of 1949 (41 U.S.C. 253j(b)) or 
                        section 2304c(b) of title 10, United States 
                        Code, applies to such individual purchase; or
                            (ii) a law expressly authorizes or requires 
                        that the purchase be made from a specified 
                        source; and
                    (B) justifies the determination in writing.
            (2) Competitive basis procedures.--For purposes of this 
        subsection, an individual purchase of property or services is 
        made on a competitive basis only if it is made pursuant to 
        procedures that--
                    (A) except as provided in paragraph (3), require 
                fair notice of the intent to make that purchase 
                (including a description of the work to be performed 
                and the basis on which the selection will be made) to 
                be provided to all contractors offering such property 
                or services under the multiple award contract; and
                    (B) afford all contractors responding to the notice 
                a fair opportunity to make an offer and have that offer 
                fairly considered by the official making the purchase.
            (3) Exception to notice requirement.--
                    (A) In general.--Notwithstanding paragraph (2)(A), 
                and subject to subparagraph (B), notice may be provided 
                to fewer than all contractors offering such property or 
                services under a multiple award contract as described 
                in subsection (d)(2)(A) if notice is provided to as 
                many contractors as practicable.
                    (B) Limitation on exception.--A purchase may not be 
                made pursuant to a notice that is provided to fewer 
                than all contractors under subparagraph (A) unless--
                            (i) offers were received from at least 3 
                        qualified contractors; or
                            (ii) a contracting officer of the executive 
                        agency determines in writing that no additional 
                        qualified contractors were able to be 
                        identified despite reasonable efforts to do so.
    (c) Notice Requirements Related to Sole Source Task or Delivery 
Orders.--The Administrator for Federal Procurement Policy shall 
promulgate regulations in the Federal Acquisition Regulation requiring 
the head of each executive agency--
            (1) to publish on FedBizOpps notice of all sole source task 
        or delivery orders in excess of the simplified acquisition 
        threshold (as defined by section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403)) that are placed against 
        multiple award contracts or multiple award blanket purchase 
        agreements not later than 10 days after such orders are placed, 
        except in the event of extraordinary circumstances or 
        classified orders; and
            (2) to publish on the Internet website of the executive 
        agency and on FedBizOpps the justification and approval 
        documents related to sole source task or delivery orders placed 
        against multiple award contracts or multiple award blanket 
        purchase agreements not later than 14 days after such orders 
        are placed, except in the event of extraordinary circumstances 
        or classified orders.
    (d) Definitions.--In this section:
            (1) The term ``individual purchase'' means a task order, 
        delivery order, or other purchase.
            (2) The term ``multiple award contract'' means--
                    (A) a contract that is entered into by the 
                Administrator of General Services under the multiple 
                award schedule program referred to in section 
                2302(2)(C) of title 10, United States Code;
                    (B) a multiple award task order contract that is 
                entered into under the authority of sections 2304a 
                through 2304d of title 10, United States Code, or 
                sections 303H through 303K of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253h 
                through 253k); and
                    (C) any other indefinite delivery, indefinite 
                quantity contract that is entered into by the head of 
                an executive agency with 2 or more sources pursuant to 
                the same solicitation.
    (e) Applicability.--The regulations promulgated by the 
Administrator for Federal Procurement Policy pursuant to subsection (a) 
shall take effect not later than 180 days after the date of the 
enactment of this Act and shall apply to all individual purchases of 
property or services that are made under multiple award contracts on or 
after such effective date, without regard to whether the multiple award 
contracts were entered into before, on, or after such effective date.

SEC. 202. STATEMENT OF WORK REQUIREMENTS FOR CERTAIN TASK OR DELIVERY 
              ORDERS.

    (a) Civilian Contracts.--Section 303J(c) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253j(c)) is amended 
to read as follows:
    ``(c) Statement of Work and Selection Basis.--
            ``(1) In general.--A task or delivery order shall include a 
        statement of work that clearly specifies all tasks to be 
        performed or property to be delivered under the order.
            ``(2) Task or delivery orders in excess of the threshold 
        for use of simplified procedures for commercial items.--The 
        statement of work for a task or delivery order in excess of the 
        threshold for use of simplified procedures for commercial items 
        under a task or delivery order contract shall be made available 
        to each contractor awarded such contract and shall--
                    ``(A) include a clear statement of the executive 
                agency's requirements;
                    ``(B) permit a reasonable response period;
                    ``(C) disclose the significant factors and sub-
                factors that the executive agency expects to consider 
                in evaluating proposals, including cost, price, past 
                performance, and the relative importance of those and 
                other factors;
                    ``(D) in the case of an award that is to be made on 
                a best value basis, include a written statement 
                documenting the basis for the award and the relative 
                importance of quality, past performance, and price or 
                cost factors; and
                    ``(E) provide an opportunity for a post-award 
                debriefing consistent with the requirements of section 
                303B(e).''.
    (b) Defense Contracts.--Section 2304c(c) of title 10, United States 
Code, is amended to read as follows:
    ``(c) Statement of Work and Selection Basis.--
            ``(1) In general.--A task or delivery order shall include a 
        statement of work that clearly specifies all tasks to be 
        performed or property to be delivered under the order.
            ``(2) Task or delivery orders in excess of the threshold 
        for use of simplified procedures for commercial items.--The 
        statement of work for a task or delivery order in excess of the 
        threshold for use of simplified procedures for commercial items 
        under a task or delivery order contract shall be made available 
        to each contractor awarded such contract and shall--
                    ``(A) include a clear statement of the agency's 
                requirements;
                    ``(B) permit a reasonable response period;
                    ``(C) disclose the significant factors and sub-
                factors that the agency expects to consider in 
                evaluating proposals, including cost, price, past 
                performance, and the relative importance of those and 
                other factors;
                    ``(D) in the case of an award that is to be made on 
                a best value basis, include a written statement 
                documenting the basis for the award and the relative 
                importance of quality, past performance, and price or 
                cost factors; and
                    ``(E) provide an opportunity for a post-award 
                debriefing consistent with the requirements of section 
                2305(b)(5) of this title.''.

SEC. 203. PROTESTS OF TASK AND DELIVERY ORDERS.

    (a) Civilian Agency Contracts.--Section 303J(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)) is 
amended to read as follows:
    ``(d) Protests.--A protest is not authorized in connection with the 
issuance or proposed issuance of a task or delivery order except for--
            ``(1) a protest on the ground that the order increases the 
        scope, period, or maximum value of the contract under which the 
        order is issued; or
            ``(2) a protest by an interested party of an order valued 
        at greater than the threshold established pursuant to section 
        203(c) of the Accountability in Government Contracting Act of 
        2007.''.
    (b) Defense Contracts.--Section 2304c(d) of title 10, United States 
Code is amended to read as follows:
    ``(d) Protests.--A protest is not authorized in connection with the 
issuance or proposed issuance of a task or delivery order except for--
            ``(1) a protest on the ground that the order increases the 
        scope, period, or maximum value of the contract under which the 
        order is issued; or
            ``(2) a protest by an interested party of an order valued 
        at greater than the threshold established pursuant to section 
        203(c) of the Accountability in Government Contracting Act of 
        2007.''.
    (c) Establishment of Threshold.--The Administrator for Federal 
Procurement Policy shall promulgate a rule in the Federal Acquisition 
Regulation establishing a threshold for protests under section 303J(d) 
of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(d)) and section 2304c(d) of title 10, United States Code, 
as amended by subsections (a) and (b), respectively. The threshold 
shall be $5,000,000 unless the Administrator determines that the 
threshold is unduly burdensome on executive agencies, in which case the 
Administrator may increase the threshold, but in no case shall the 
threshold exceed $25,000,000. The threshold shall be $5,000,000 until a 
final rule is promulgated in accordance with such determination.

SEC. 204. PUBLICATION OF JUSTIFICATION AND APPROVAL DOCUMENTS.

    (a) Civilian Contracts.--Section 303(f)(1) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) is 
amended--
            (1) in subparagraph (B)(iii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) the justification and approval documents are made 
        publicly available on the Internet website of the agency and 
        FedBizOpps.''.
    (b) Defense Contracts.--Section 2304(f) of title 10, United States 
Code, is amended--
            (1) in subparagraph (B)(iii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) the justification and approval documents are made 
        publicly available on the Internet website of the agency and 
        FedBizOpps.''.

SEC. 205. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

    (a) Civilian Agency Contracts.--Section 303(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is 
amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an executive agency pursuant 
to the authority provided under subsection (c)(2)--
            ``(i) may not exceed the time necessary--
                    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and
                    ``(II) for the executive agency to enter into 
                another contract for the required goods or services 
                through the use of competitive procedures; and
            ``(ii) may not exceed 270 days unless the head of the 
        executive agency entering into such contract determines that 
        exceptional circumstances apply.
    ``(B) This paragraph applies to any contract in an amount greater 
than the simplified acquisition threshold (as defined by section 4 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403)).''.
    (b) Defense Contracts.--Section 2304(d) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an agency pursuant to the 
authority provided under subsection (c)(2)--
            ``(i) may not exceed the time necessary--
                    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and
                    ``(II) for the agency to enter into another 
                contract for the required goods or services through the 
                use of competitive procedures; and
            ``(ii) may not exceed 270 days unless the head of the 
        agency entering into such contract determines that exceptional 
        circumstances apply.
    ``(B) This paragraph applies to any contract in an amount greater 
than the simplified acquisition threshold (as defined by section 4 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403)).''.

SEC. 206. PROHIBITION ON AWARD OF CERTAIN LARGE TASK OR DELIVERY ORDER 
              CONTRACTS FOR SERVICES.

    (a) Civilian Agency Contracts.--Section 303H(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253h(d)) is 
amended by adding at the end the following new paragraph:
    ``(4)(A) No task or delivery order contract for services in an 
amount estimated to exceed $100,000,000 (including all options) may be 
awarded to a single contractor unless the head of the executive agency 
determines in writing that--
            ``(i) because of the size, scope, or method of performance 
        of the requirement, it would not be practical to award multiple 
        task or delivery order contracts;
            ``(ii) the task orders expected under the contract are so 
        integrally related that only a single contractor can reasonably 
        perform the work; or
            ``(iii) for any other reason, it is necessary in the public 
        interest to award the contract to a single contractor.
    ``(B) The head of the executive agency shall notify Congress within 
30 days of any determination under subparagraph (A)(iii).
    ``(C) The head of the executive agency shall post the justification 
and approval documents related to a determination under subparagraph 
(A) on the Internet website of the agency and on the Federal Business 
Opportunities (FedBizOpps) Internet website.''.
    (b) Defense Contracts.--Section 2304a(d) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(4)(A) No task or delivery order contract for services in an 
amount estimated to exceed $100,000,000 (including all options) may be 
awarded to a single contractor unless the head of the agency determines 
in writing that--
            ``(i) because of the size, scope, or method of performance 
        of the requirement, it would not be practical to award multiple 
        task or delivery order contracts;
            ``(ii) the task orders expected under the contract are so 
        integrally related that only a single contractor can reasonably 
        perform the work; or
            ``(iii) for any other reason, it is necessary in the public 
        interest to award the contract to a single contractor.
    ``(B) The head of the agency shall notify Congress within 30 days 
of any determination under subparagraph (A)(iii).
    ``(C) The head of the agency shall post the justification and 
approval documents related to a determination under subparagraph (A) on 
the Internet website of the agency and on the Federal Business 
Opportunities (FedBizOpps) Internet website.''.

SEC. 207. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS FOR CONTRACTS 
              AND TASK ORDERS UNDER CONTRACTS.

    (a) Guidance Required.--The Administrator for Federal Procurement 
Policy shall prescribe guidance for executive agencies on the use of 
tiered evaluations of offers for contracts and for task or delivery 
orders under contracts. In prescribing such guidance, the Administrator 
shall give full consideration to the guidance prescribed by the 
Secretary of Defense under section 816 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 
2305).
    (b) Elements.--The guidance prescribed under subsection (a) shall 
include a prohibition on the initiation by a contracting officer of a 
tiered evaluation of an offer for a contract or for a task or delivery 
order under a contract unless the contracting officer--
            (1) has conducted market research in accordance with part 
        10 of the Federal Acquisition Regulation in order to determine 
        whether or not a sufficient number of qualified small 
        businesses are available to justify limiting competition for 
        the award of such contract or task or delivery order under 
        applicable law and regulations;
            (2) is unable, after conducting market research under 
        paragraph (1), to make the determination described in that 
        paragraph; and
            (3) includes in the contract file a written explanation of 
        why such contracting officer was unable to make such 
        determination.

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

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator for Federal Procurement Policy 
shall promulgate in the Federal Acquisition Regulation, regulations 
outlining the proper use of cost-reimbursement contracts.
    (b) Content.--The regulations promulgated under subsection (a) 
shall include at minimum guidance regarding--
            (1) when and under what circumstances cost reimbursement 
        contracts are appropriate;
            (2) the acquisition plan findings necessary to support a 
        decision to use cost reimbursement contracts; and
            (3) the acquisition workforce resources necessary to award 
        and manage cost reimbursement contracts.
    (c) Inspector General Review.--The Inspector General for each 
executive agency shall develop and submit as part of its annual audit 
plan a review of the use of cost reimbursement contracts.

SEC. 209. PREVENTING CONFLICTS OF INTEREST.

    (a) Organizational Conflicts of Interest.--The Administrator for 
Federal Procurement Policy shall create new, uniform, government-wide 
policies aimed at preventing and mitigating organizational conflicts of 
interest in Federal contracting, including--
            (1) considering development of a standard organizational 
        conflict of interest clause, or a set of standard 
        organizational conflict of interest clauses, for inclusion in 
        solicitations and contracts that set forth the contractor's 
        responsibilities with respect to its employees, subcontractors, 
        partners, and any other affiliated organizations or 
        individuals;
            (2) addressing conflicts that may arise in the context of 
        developing requirements and statements of work, the selection 
        process, and contract administration;
            (3) ensuring that adequate organizational conflict of 
        interest safeguards are enacted in situations in which 
        contractors are employed by the Federal Government to oversee 
        other contractors or are hired to assist in the acquisition 
        process;
            (4) ensuring that any policies or clauses developed address 
        conflicts of interest that may arise from financial interests, 
        unfair competitive advantages, and impaired objectivity; and
            (5) maintaining a repository of best practices relating to 
        the prevention of organizational conflicts of interest.
    (b) Personal Conflicts of Interest.--The Administrator for Federal 
Procurement Policy shall create new, uniform, government-wide policies 
aimed at preventing personal conflicts of interest by contractor 
employees in Federal contracting, including--
            (1) determining whether greater disclosure, specific 
        prohibitions, or reliance on specified principles will 
        accomplish the end objective of ethical behavior;
            (2) identifying types of contracts that raise heightened 
        concerns for potential conflicts of interest;
            (3) considering the development of a standard ethics clause 
        or a set of standard ethics clauses that set forth the 
        contractor's responsibility for inclusion in solicitations and 
        contracts; and
            (4) maintaining a repository of best practices relating to 
        the prevention of personal conflicts of interest.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator for Federal Procurement Policy 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight and Government 
Reform of the House of Representatives a report on actions taken under 
this section.

SEC. 210. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.

    (a) Guidance on Linking of Award and Incentive Fees to Acquisition 
Outcomes.--Not later than 180 days after the date of the enactment of 
this Act, the Administrator for Federal Procurement Policy shall issue 
guidance, with detailed implementation instructions (including 
definitions), for executive agencies on the appropriate use of award 
and incentive fees in Federal acquisition programs.
    (b) Elements.--The guidance under subsection (a) shall--
            (1) ensure that all new contracts using award fees link 
        such fees to acquisition outcomes (which shall be defined in 
        terms of program cost, schedule, and performance);
            (2) establish standards for identifying the appropriate 
        level of officials authorized to approve the use of award and 
        incentive fees in new contracts;
            (3) provide guidance on the circumstances in which 
        contractor performance may be judged to be ``excellent'' or 
        ``superior''and the percentage of the available award fee which 
        contractors should be paid for such performance;
            (4) establish standards for determining the percentage of 
        the available award fee, if any, which contractors should be 
        paid for performance that is judged to be ``acceptable'', 
        ``average'', ``expected'', ``good'', or ``satisfactory'';
            (5) ensure that no award fee may be paid for contractor 
        performance that is judged to be below satisfactory performance 
        or performance that does not meet the basic requirements of the 
        contract;
            (6) provide specific direction on the circumstances, if 
        any, in which it may be appropriate to roll over award fees 
        that are not earned in one award fee period to a subsequent 
        award fee period or periods;
            (7) ensure consistent use of guidelines and definitions 
        relating to award and incentive fees across the Federal 
        Government;
            (8) ensure that each executive agency--
                    (A) collects relevant data on award and incentive 
                fees paid to contractors; and
                    (B) has mechanisms in place to evaluate such data 
                on a regular basis;
            (9) include performance measures to evaluate the 
        effectiveness of award and incentive fees as a tool for 
        improving contractor performance and achieving desired program 
        outcomes; and
            (10) provide mechanisms for sharing proven incentive 
        strategies for the acquisition of different types of products 
        and services among contracting and program management 
        officials.

              TITLE III--ACCOUNTABILITY AND ADMINISTRATION

SEC. 301. RECORDING OF OBLIGATIONS ON TASK ORDER CONTRACTS.

    (a) Civilian Contracts.--
            (1) In general.--Section 303H of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253h) is 
        amended--
                    (A) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
executive agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the executive agency for 
exceptional circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.
            (2) Advisory and assistance services.--Section 303I of such 
        Act (41 U.S.C. 253i) is amended--
                    (A) by redesignating subsections (h) and (i) as 
                subsections (i) and (j), respectively; and
                    (B) by inserting after subsection (g) the following 
                new subsection:
    ``(h) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
executive agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the executive agency for 
exceptional circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.
    (b) Defense Contracts.--
            (1) In general.--Section 2304a of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsections (g) and (h) as 
                subsections (h) and (i), respectively; and
                    (B) by inserting after subsection (f) the following 
                new subsection:
    ``(g) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the agency for exceptional 
circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.
            (2) Advisory and assistance services.--Section 2304b of 
        title 10, United States Code, is amended--
                    (A) by redesignating subsection (f) as subsections 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the agency for exceptional 
circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.

SEC. 302. DEFINITIZING OF LETTER CONTRACTS.

    (a) Civilian Contracts.--The Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at 
the end the following new section:

``SEC. 318. DEFINITIZING OF LETTER CONTRACTS.

    ``The head of an executive agency shall unilaterally determine all 
missing terms in an undefinitized letter contract that have not been 
agreed upon within 180 days after such letter contract has been entered 
into or before 40 percent of the work under such letter contract has 
been completed. Any terms so determined shall be subject to the 
contract disputes process.''.
    (b) Defense Contracts.--
            (1) Definitizing of letter contracts.--Chapter 137 of title 
        10, United States Code, is amended by inserting after at the 
        end the following new section:
``Sec. 2334. Definitizing of letter contracts
    ``The head of an agency shall unilaterally determine all missing 
terms in an undefinitized letter contract that have not been agreed 
upon within 180 days after such letter contract has been entered into 
or before the funds obligated under such letter contract exceed 50 
percent of the not-to-exceed cost of the contract. Any terms so 
determined shall be subject to the contract disputes process.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2334. Definitizing of letter contracts.''.

SEC. 303. PREVENTING ABUSE OF INTERAGENCY CONTRACTS AND ASSISTED 
              ACQUISITION SERVICES.

    (a) Office of Management and Budget Policy Guidance.--
            (1) Report and guidelines.--Not later than one year after 
        the date of the enactment of this Act, the Director of the 
        Office of Management and Budget shall--
                    (A) submit to Congress a comprehensive report on 
                interagency acquisitions, including their frequency of 
                use, management controls, cost-effectiveness, and 
                savings generated; and
                    (B) issue guidelines to assist the heads of 
                executive agencies in improving the management of 
                interagency acquisitions.
            (2) Matters covered by guidelines.--For purposes of 
        paragraph (1)(B), the Director shall include guidelines on the 
        following matters:
                    (A) Procedures for the use of interagency 
                acquisitions to maximize competition, deliver best 
                value to executive agencies, and minimize waste, fraud, 
                and abuse.
                    (B) Categories of contracting inappropriate for 
                interagency acquisition, due to high risk of waste, 
                fraud, or abuse.
                    (C) Requirements for training acquisition workforce 
                personnel in the proper use of interagency 
                acquisitions.
    (b) Regulations Required.--Not later than one year after the date 
of the enactment of this Act, the Federal Acquisition Regulation shall 
be revised to require that all assisted acquisitions--
            (1) include a written agreement between the requesting 
        agency and the servicing agency assigning responsibility for 
        the administration and management of the contract;
            (2) include a determination that an assisted acquisition is 
        the best procurement alternative; and
            (3) include sufficient documentation to ensure an adequate 
        audit.
    (c) Agency Reporting Requirement.--The senior procurement executive 
for each executive agency shall, as directed by the Director of the 
Office of Management and Budget, submit to the Director annual reports 
on the actions taken by the executive agency pursuant to the guidelines 
issued under subsection (a).
    (d) Report on Interagency Contracting.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator for Federal 
        Procurement Policy shall report on a survey of existing 
        interagency contracts.
            (2) Content.--The report under paragraph (1) shall include 
        the following information:
                    (A) The number of interagency contracts that are 
                currently in operation, and the scope, sponsoring 
                agencies, primary users, activity levels (in terms of 
                orders and value) for the most recent fiscal year, and 
                rationales for such contracts.
                    (B) The level of acquisition activity conducted by 
                the Intergovernmental Revolving Funds (including the 
                Franchise Funds) on behalf of other executive agencies.
                    (C) The number of enterprisewide, single agency 
                contracts that are currently in operation, and the 
                scope, activity levels (in terms of orders and value) 
                for the most recent fiscal year, and rationales for 
                such contracts.
            (3) Publication.--The Director of the Office of Management 
        and Budget shall make the report under this subsection publicly 
        available, subject to applicable statutory and regulatory 
        limits on the release of such information.
    (e) Review of Federal Supply Schedule Contracts.--Not later than 
270 days after the date of the enactment of this Act, the Administrator 
of General Services shall review existing Federal Supply Schedule (FSS) 
contracts to determine whether, in light of the entire inventory of 
interagency contracts, any of the FSS contracts should be eliminated in 
order to avoid unnecessary duplication.
    (f) Review and Authorization of Multi-Agency Contracts.--
            (1) Regulations required.--Not later than 180 days after 
        the date of the enactment of this Act, the Administrator for 
        Federal Procurement Policy shall publish in the Federal 
        Acquisition Regulation, regulations requiring that the 
        acquisition plan in support of multi-agency contracts shall 
        include a business case analysis justifying the award and 
        administration of the contract. At a minimum, the business case 
        shall include the fully burdened cost to the Federal Government 
        of awarding and administering the contract and the impact the 
        contract will have on the ability of the Federal Government to 
        leverage its buying power.
            (2) Review.--Not later than 270 days after the date of 
        enactment of this Act, the Administrator for Federal 
        Procurement Policy, in consultation with the Administrator of 
        General Services, shall review all multi-agency contracts and 
        determine whether each contract is cost effective or redundant 
        with existing contracts available for multi-agency use.
            (3) Approval required.--No executive agency may exercise an 
        option on an existing multi-agency contract or award a new 
        multi-agency contract without the express written approval of 
        the Administrator for Federal Procurement Policy.
            (4) Evaluation of costs.--In determining whether a contract 
        is cost effective, the Administrator shall evaluate the fully 
        burdened costs associated with awarding and maintaining the 
        contract. In the event that the fully burdened costs cannot be 
        determined, the Administrator shall use the same formula for 
        determining agency performance of a function identified in OMB 
        Circular A-76.
    (g) Review of Other Indefinite Delivery, Indefinite Quantity 
Contracts.--
            (1) Review.--Not later than 270 days after the date of the 
        enactment of this Act, the head of each executive agency, in 
        consultation with the Administrator for Federal Procurement 
        Policy, shall review all indefinite delivery, indefinite 
        quantity contracts awarded by the executive agency and 
        determine whether those contracts are cost effective or 
        redundant with other contracts within the agency or available 
        for the agency's use.
            (2) Evaluation of costs.--In determining whether a contract 
        is cost effective, the head of the executive agency shall 
        evaluate the fully burdened costs associated with awarding and 
        maintaining the contract. In cases where the fully burdened 
        costs cannot be determined, the Administrator shall use the 
        same formula for determining Agency performance of a function 
        identified in Office of Management and Budget Circular A-76.
    (h) Improved Transparency of Interagency Contracting Data.--Not 
later than 180 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall direct 
appropriate revisions to the government-wide procurement system known 
as the Federal Procurement Data System-Next Generation in order to 
facilitate the collecting and publication of complete and reliable 
order-level data on interagency contracting transactions.
    (i) Executive Agency Defined.--In this section, the term 
``executive agency'' includes the Department of Defense, but does not 
include the military departments and defense agencies.

SEC. 304. PURCHASE CARD WASTE ELIMINATION.

    (a) Requirement for Guidance.--
            (1) Office of management and budget policy guidance.--Not 
        later than 180 days after the date of the enactment of this 
        Act, the Director of the Office of Management and Budget shall 
        issue guidelines to assist the heads of executive agencies in 
        improving the management of the use of the Governmentwide 
        commercial purchase card for making micro-purchases. The 
        Director shall include guidelines on the following matters:
                    (A) Analysis of purchase card expenditures to 
                identify opportunities for achieving savings through 
                micro-purchases made in economical volumes.
                    (B) Negotiation of discount agreements with major 
                vendors accepting the purchase card.
                    (C) Establishment of communication programs to 
                ensure that purchase cardholders receive information 
                pertaining to the availability of discounts, including 
                programs for the training of purchase cardholders on 
                the availability of discounts.
                    (D) Assessment of cardholder purchasing practices, 
                including use of discount agreements.
                    (E) Collection and dissemination of best practices 
                and successful strategies for achieving savings in 
                micro-purchases.
                    (F) Analysis of purchase card expenditures to 
                identify opportunities for achieving and accurately 
                measuring fair participation of small business concerns 
                in micro-purchases consistent with the national policy 
                on small business participation in Federal procurement 
                set forth in sections 2(a) and 15(g) of the Small 
                Business Act (15 U.S.C. 631(a) and 644(g)), and 
                dissemination of best practices for participation of 
                small business concerns in micro-purchases.
            (2) General services administration.--The Administrator of 
        General Services shall--
                    (A) continue efforts to improve reporting by 
                financial institutions that issue the Governmentwide 
                commercial purchase card so that the General Services 
                Administration has the data needed to identify 
                opportunities for achieving savings; and
                    (B) actively pursue point-of-sale discounts with 
                major vendors accepting the purchase card so that any 
                Federal Government purchaser using the purchase card 
                can benefit from such point-of-sale discounts.
            (3) Agency reporting requirement.--The senior procurement 
        executive for each executive agency shall, as directed by the 
        Director of the Office of Management and Budget, submit to the 
        Director periodic reports on the actions taken in such 
        executive agency pursuant to the guidelines issued under 
        paragraph (1).
            (4) Congressional oversight.--Not later than December 31 of 
        the year following the year in which this Act is enacted, and 
        December 31 of each of the ensuing 3 years, the Director of the 
        Office of Management and Budget shall submit to the Committee 
        on Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives a report summarizing for the fiscal year 
        ending in the year in which such report is due the progress 
        made--
                    (A) in improving the management of the use of the 
                Governmentwide commercial purchase card for making 
                micro-purchases; and
                    (B) in achieving savings in micro-purchases made 
                with such card, expressed in terms of average savings 
                achieved by each executive agency in the use of 
                discount agreements identified in paragraph (1) and the 
                total savings achieved Governmentwide.
    (b) Payments to Federal Contractors With Federal Tax Debt.--The 
General Services Administration, in conjunction with the Internal 
Revenue Service and the Financial Management Service, shall develop 
procedures to subject purchase card payments to Federal contractors to 
the Federal Payment Levy program.
    (c) Reporting of Air Travel by Federal Government Employees.--
            (1) Annual reports required.--The Administrator of the 
        General Services shall submit annually to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives a report on all first class and business 
        class travel by employees of each executive agency undertaken 
        at the expense of the Federal Government.
            (2) Content.--The reports submitted pursuant to paragraph 
        (1) shall include, at a minimum, with respect to each travel by 
        first class or business class--
                    (A) the names of each traveler;
                    (B) the date of travel;
                    (C) the points of origination and destination;
                    (D) the cost of the first class or business class 
                travel; and
                    (E) the cost difference between such travel and 
                travel by coach class.

SEC. 305. LEAD SYSTEMS INTEGRATORS.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Administrator for Federal Procurement Policy shall 
develop a government-wide definition of lead systems integrators and 
complete a study on the use of such integrators by executive agencies.
    (b) Guidance.--Not later than 180 days after the study under 
subsection (a) is completed, the Administrator for Federal Procurement 
Policy shall issue guidance on the appropriate use of lead system 
integrators to ensure that they are used in the best interests of the 
Federal Government.

SEC. 306. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

    (a) Regulations.--The Administrator for Federal Procurement Policy 
shall promulgate regulations applicable to contracts described in 
subsection (b) to minimize the excessive use by contractors of 
subcontractors or tiers of subcontractors in cases where a 
subcontractor does not perform work in proportion to any overhead or 
profit that the subcontractor receives under the contract.
    (b) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)).

SEC. 307. RESPONSIBILITY OF CONTRACTORS THAT ARE SERIOUS THREATS TO 
              NATIONAL SECURITY.

    (a) Responsibility of Contractor.--The contracting officer for an 
executive agency may consider whether a contractor may pose a serious 
threat to national security in assessing whether a contractor is 
responsible enough to be awarded a Federal contract.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator for Federal Procurement Policy 
shall provide guidance to executive agencies on implementation of this 
section.

SEC. 308. REQUIRED CERTIFICATION OF PROGRAM MANAGERS FOR DEPARTMENT OF 
              HOMELAND SECURITY LEVEL ONE PROGRAMS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall assign to each program of 
the Department of Homeland Security with an estimated value of more 
than $100,000,000 at least one program manager certified by the 
Secretary as competent to administer programs of that size.

SEC. 309. ELIMINATION OF ONE-YEAR LIMITATION ON INTEREST DUE ON LATE 
              PAYMENTS TO CONTRACTORS.

    Section 3901(d)(3)(A) of title 31, United States Code, is amended 
to read as follows:
    ``(3)(A) Except as provided in subparagraph (B), an interest 
penalty under this chapter does not continue to accrue after a claim 
for an interest penalty is filed in the manner described in paragraph 
(2).''.

SEC. 310. ENSURING THAT FEDERAL EMPLOYEES PERFORM INHERENTLY 
              GOVERNMENTAL WORK.

    The Administrator for Federal Procurement Policy shall--
            (1) analyze the services for which agencies are contracting 
        (other than through the process governed by Office of 
        Management and Budget Circular A-76);
            (2) establish government-wide guidelines to ensure that 
        inherently governmental work is performed by Federal employees; 
        and
            (3) report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        on actions taken under this section not later than 180 days 
        after the date of the enactment of this Act.

SEC. 311. REPORT ON ACQUISITION ADVISORY PANEL REPORT IMPLEMENTATION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Oversight and 
Government Reform of the House of Representatives a comprehensive 
report on implementation of the recommendations of the Acquisition 
Advisory Panel (in this section referred to as the ``Panel'') 
established under section 1423 of the Services Acquisition Reform Act 
of 2003 (title XIV of Public Law 108-136; 41 U.S.C. 405 note).
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) a description of the implementation of the 
        recommendations of the Panel; and
            (2) with respect to any recommendations of the Panel not 
        implemented, a justification and discussion of the reasons for 
        not implementing such recommendations.

SEC. 312. REPORT BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Report.--In order to assess additional actions that should be 
taken to further improve the acquisition system, the Comptroller 
General of the United States shall, not later than 1 year after the 
date of the enactment of this Act, conduct reviews and submit one or 
more reports to Congress on Federal acquisition policy.
    (b) Content.--The report required under subsection (a) shall 
include the following:
            (1) An assessment of the 2 statutory standards governing 
        the qualifications of the government's acquisition workforce 
        and an assessment of the implementation of and practical impact 
        of both standards and whether there should be a single standard 
        for the acquisition workforce.
            (2) A list and assessment of all Federal institutions 
        providing acquisition and program management education and 
        training and a recommendation on the advisability of continuing 
        to offer education and training through multiple institutions 
        or whether education and training should be combined at one 
        government-wide institution.
            (3) A review of agency compliance with Section 1412 of the 
        Services Acquisition Reform Act of 2003 (title XIV of Public 
        Law 108-136; 41 U.S.C. 433 note), including whether agencies 
        have appointed Chief Acquisition Officers whose primary duties 
        are acquisition management, and recommendations for the 
        appointment of Chief Acquisition Officers government-wide.
    (c) Government Accountability Office Review.--Not later than 18 
months after the date of the enactment of this Act, the Comptroller 
General of the United States shall review the determinations made by 
executive agencies under section 303(g) regarding indefinite delivery, 
indefinite quantity contracts and shall submit to Congress a report on 
the implementation of requirements related to such determinations.

SEC. 313. MAPPING AND SURVEYING SERVICES.

    The Administrator for Federal Procurement Policy shall amend the 
Federal Acquisition Regulation to provide guidance on contracting for 
mapping and surveying services in accordance with chapter 11 of title 
40, United States Code, to ensure that these services are being 
procured through appropriate competitive procedures and that offers are 
evaluated using a qualifications-based selection process.

SEC. 314. TIMELY AND ACCURATE TRANSMISSION OF INFORMATION INCLUDED IN 
              FEDERAL PROCUREMENT DATA SYSTEM.

    Section 19 of the Office of Federal Procurement Policy Act (41 
U.S.C. 417(d)) is amended to read as follows:
    ``(d) Transmission and Data Entry of Information.--The head of each 
executive agency shall ensure the accuracy of the information included 
in the record established and maintained by such agency under 
subsection (a) and shall timely transmit such information to the 
General Services Administration for entry into the Federal Procurement 
Data System referred to in section 6(d)(4), or any successor system.''.
                                                       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
```