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(1), the contracting officer may request the offeror 
to submit— 
(A) prices paid for the same or similar 
commercial items under comparable terms and 
conditions by both government and commercial 
customers; and 
(B) if the contracting officer determines 
that the information described in subparagraph 
(A) is not sufficient to determine the reason-
ableness of price, other relevant information re-
garding the basis for price or cost, including in-
formation on labor costs, material costs, and 
overhead rates. 
(c) TIME-AND-MATERIALS CONTRACTS.— 
(1) COMMERCIAL
ITEM
ACQUISITIONS.—The 
regulations pursuant to subsection (a) shall ensure 
that procedures applicable to time-and-materials 
contracts and labor-hour contracts for commercial 
item acquisitions may be used only for the following: 
(A) Services procured for support of a 
commercial item, as described in section 
4(12)(E) of the Office Federal Procurement 
Policy Act (41 U.S.C. 403(12)(E)). 
(B) Emergency repair services. 
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(C) Any other commercial services only to 
the extent that the head of the agency con-
cerned approves a determination in writing by 
the contracting officer that— 
(i) the services to be acquired are 
commercial services as defined in section 
4(12)(F) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)(F)); 
(ii) if the services to be acquired are 
subject to subsection (b), the offeror of the 
services has submitted sufficient informa-
tion in accordance with that subsection; 
(iii) such services are commonly sold 
to the general public through use of time- 
and-materials or labor-hour contracts; and 
(iv) the use of a time-and-materials or 
labor-hour contract type is in the best in-
terest of the Government. 
(2) NON-COMMERCIAL
ITEM
ACQUISITIONS.— 
Nothing in this subsection shall be construed to pre-
clude the use of procedures applicable to time-and- 
materials contracts and labor-hour contracts for 
non-commercial item acquisitions for the acquisition 
of any category of services. 
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TITLE XLIII—ACQUISITION 
WORKFORCE 
SEC. 
4301. 
ACQUISITION 
WORKFORCE 
DEVELOPMENT 
FUND. 
(a) PURPOSE.—The purpose of this section is to en-
sure that there are resources available to recruit, hire, 
educate, train and retain members of the Federal acquisi-
tion workforce with the requisite competencies and skills 
to ensure that the government receives best value property 
and services in its acquisitions. 
(b) ESTABLISHMENT
OF FUND.—Title III of the 
Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 101, et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 
324. 
ACQUISITION 
WORKFORCE 
DEVELOPMENT 
FUND. 
‘‘(a) The Administrator of General Services shall es-
tablish an acquisition workforce development fund. 
‘‘(1) The Administrator shall manage the fund 
through the Federal Acquisition Institute to recruit, 
hire, educate, train and retain members of the acqui-
sition workforce of the executive agencies other than 
the Department of Defense. 
‘‘(2) The Administrator, in consultation with 
the Administrator for Federal Procurement Policy 
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and the Chief Acquisition Officers or Senior Pro-
curement Executives, as appropriate, of the execu-
tive agencies, other than the Department of Defense, 
shall issue detailed guidance for the administration 
and use of the Fund. Such guidance shall include 
provisions— 
‘‘(A) requiring agencies to identify mem-
bers of their acquisition workforce consistent 
with section 433(i) of title 41. 
‘‘(B) identifying areas of need in the acqui-
sition workforce for which amounts in the Fund 
may be used, including— 
‘‘(i) changes to the types of skills 
needed; 
‘‘(ii) incentives to retain qualified, ex-
perienced personnel; and 
‘‘(iii) incentives for attracting new, 
high-quality personnel; 
‘‘(C) describing the manner and timing for 
applications for amounts in the Fund to be sub-
mitted; 
‘‘(D) describing the evaluation criteria to 
be used for approving or prioritizing applica-
tions for amounts in the Fund in any fiscal 
year; and 
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HR 5658 PCS 
‘‘(E) describing measurable objectives of 
performance for determining whether amounts 
in the Fund are being used in compliance with 
this section. 
‘‘(3) The Director of the Office of Management 
and Budget shall be the approving official for any 
disbursements from the Fund. 
‘‘(4) The costs of administering the fund, in-
cluding the direct and indirect costs of those employ-
ees, not to exceed 5 percent per annum, shall be 
paid out of the fund. 
‘‘(5) Amounts in the fund may not be used to 
pay the base salary of any full-time equivalent posi-
tion currently filled as of date of enactment of the 
Clean Contracting Act of 2008. 
‘‘(b) There shall be credited to the acquisition work-
force development fund the following percentages of the 
value of funds expended by executive agencies for service 
contracts, other than services relating to research and de-
velopment and services relating to construction: 
‘‘(1) For fiscal year 2009, 0.5 percent. 
‘‘(2) For fiscal year 2010, 1 percent. 
‘‘(3) For fiscal year 2011, 1.5 percent. 
‘‘(4) For any fiscal year after fiscal year 2011, 
2 percent. 
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HR 5658 PCS 
‘‘(c) The Director of the Office and Management and 
Budget may reduce the amount to be credited upon a de-
termination that the funds being credited are excess to 
the needs of the acquisition workforce development fund. 
In no event shall the Director of the Office of Management 
Budget reduce the percentage for any fiscal year below 
a percentage that results in the deposit in a fiscal year 
of an amount equal to the following: 
‘‘(1) For fiscal year 2009, 75,000,000. 
‘‘(2) For fiscal year 2010, 100,000,000. 
‘‘(3) For fiscal year 2011, 125,000,000. 
‘‘(4) 
For 
an 
fiscal 
year 
after 
2011, 
150,000,000. 
‘‘(d) Not later than 30 days after the end of fiscal 
year 2008, and 30 days after the end of each fiscal year 
quarter thereafter, the head of each executive agency shall 
remit to the General Services Administration the amount 
required to be credited to the fund with respect to the 
contracts, leases, task and delivery order described in sub-
section (b). 
‘‘(e) The Administrator of General Services, through 
the Office of the Chief Acquisition Officer, shall ensure 
that funds collected under this section are not used for 
any purposes other than the purposes specified in sub-
section (a). 
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HR 5658 PCS 
ative to the number of individuals in the acquisition 
workforce as of the date of enactment. 
‘‘(4) Recommendations for additional authori-
ties to fulfill the purpose of the Fund. 
‘‘(5) A statement of the balance remaining in 
the Fund at the end of such fiscal year. 
‘‘(i) The report required by subsection (h) shall be 
submitted to the Committee on Oversight and Government 
Reform of the House of Representatives; the Committee 
on Homeland Security and Governmental Affairs of the 
Senate; and the Committees on Appropriations of the 
House of Representatives and the Senate. 
‘‘(j) No expired balances appropriated prior to the 
date of the enactment of the Clean Contracting Act of 
2008 may be used to make any payment to the Acquisition 
Workforce Development Fund.’’. 
(c) EXCEPTION.—This section and the amendments 
made by this section shall not apply to the acquisition 
workforce of the Department of Defense. 
SEC. 4302. CONTINGENCY CONTRACTING CORPS. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 403 et seq.), as amended by section 102, is further 
amended by adding at the end the following new section: 
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HR 5658 PCS 
‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 
‘‘(a) ESTABLISHMENT.—The Administrator of Gen-
eral Services in consultation with the Director of the Of-
fice of Management and Budget, the Secretary of Defense 
and the Secretary of Homeland Security, shall establish 
a Governmentwide Contingency Contracting Corps (in this 
section, referred to as the ‘Corps’). The members of the 
Corps shall be available for deployment in responding to 
an emergency or major disaster, or a contingency oper-
ation, within or outside the continental United States. 
‘‘(b) APPLICABILITY.—The authorities provided in 
this section apply with respect to any procurement of 
property or services by or for an executive agency that, 
as determined by the head of such executive agency, are 
to be used— 
‘‘(1) in support of a contingency operation as 
defined in section 101(a)(13) of title 10, United 
States Code; or 
‘‘(2) to respond to an emergency or major dis-
aster as defined in section 5122 of title 41, United 
States Code. 
‘‘(c) MEMBERSHIP.—Membership in the Corps shall 
be voluntary and open to all Federal employees and uni-
formed members of the Armed Services, who are currently 
members of the Federal acquisition workforce. As a condi-
tion precedent to membership in the Corps, each volunteer 
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HR 5658 PCS 
will execute a mobility agreement consistent with the pro-
visions included in sections 3371 through 3375 of title 5, 
United States Code. 
‘‘(d) EDUCATION AND TRAINING.—The Director of 
the Federal Acquisition Institute, in consultation with the 
Chief Acquisition Officers Council shall establish edu-
cational and training requirements for members of the 
Corps, and shall pay for these additional requirements 
from funds available in the acquisition workforce develop-
ment fund or the Department of Defense Acquisition 
Workforce Development Fund. 
‘‘(e) CLOTHING
AND EQUIPMENT.—The Adminis-
trator shall identify any necessary clothing and equipment 
requirements, and shall pay for this clothing and equip-
ment from funds available in the acquisition workforce de-
velopment fund or the Department of Defense Acquisition 
Workforce Development Fund. 
‘‘(f) SALARY.—The salaries for members of the Corps 
shall be paid by their parent agencies out of funds avail-
able. 
‘‘(g) AUTHORITY TO DEPLOY THE CORPS.—The Di-
rector of the Office of Management and Budget 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. 
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HR 5658 PCS 
‘‘(h) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services 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 Re-
form and the Committee on Armed Services of the 
House of Representatives an annual report on the 
status of the Contingency Contracting Corps as of 
September 30 of each fiscal year. 
‘‘(2) CONTENT.—At a minimum, each report 
under paragraph (1) shall include the number of 
members of the Contingency Contracting Corps, the 
total cost of operating the program, the number of 
deployments of members of the program, and the 
performance of members of the program in deploy-
ment.’’. 
TITLE XLIV—ANTI-FRAUD 
PROVISIONS 
SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES 
FROM REPRISAL FOR DISCLOSURE OF CER-
TAIN INFORMATION. 
(a) INCREASED PROTECTION FROM REPRISAL.— 
Subsection (a) of section 315 of the Federal Property and 
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Administrative Services Act of 1949 (41 U.S.C. 265(a), 
is amended— 
(1) by striking ‘‘disclosing to a Member of Con-
gress’’ and inserting ‘‘disclosing to a Member of 
Congress, a representative of a committee of Con-
gress, an Inspector General, the Government Ac-
countability Office, an employee of an executive 
agency responsible for contract oversight or manage-
ment,’’; and 
(2) by striking ‘‘information relating to a sub-
stantial violation of law related to a contract (includ-
ing the competition for or negotiation of a con-
tract)’’ and inserting ‘‘information that the employee 
reasonably believes is evidence of gross mismanage-
ment of an executive agency contract or grant, a 
gross waste of executive agency funds, a substantial 
and specific danger to public health or safety, or a 
violation of law related to an executive agency con-
tract (including the competition for or negotiation of 
a contract) or grant’’. 
(b) CLARIFICATION OF INSPECTOR GENERAL DE-
TERMINATION.—Subsection (b) of such section is amend-
ed— 
(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION 
OF COMPLAINTS.—’’; and 
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HR 5658 PCS 
(2) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Except as provided under subparagraph (B), 
the Inspector General shall make a determination that a 
complaint is frivolous or submit a report under paragraph 
(1) within 180 days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to complete 
an investigation in time to submit a report within the 180- 
day period specified in subparagraph (A) and the person 
submitting the complaint agrees to an extension of time, 
the Inspector General shall submit a report under para-
graph (1) within such additional period of time as shall 
be agreed upon between the Inspector General and the 
person submitting the complaint.’’. 
(c) ACCELERATION OF SCHEDULE FOR DENYING RE-
LIEF OR PROVIDING REMEDY.—Subsection (c) of such 
section is amended in paragraph (1), by striking ‘‘If the 
head of an executive agency determines that a contractor 
has subjected a person to a reprisal prohibited by sub-
section (a), the head of the agency may’’ and inserting 
after ‘‘(1)’’ the following: ‘‘Not later than 30 days after 
receiving an Inspector General report pursuant to sub-
section (b), the head of an executive agency concerned 
shall determine whether there is sufficient basis to con-
clude that the contractor concerned has subjected the com-
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HR 5658 PCS 
plainant to a reprisal prohibited by subsection (a) and 
shall either issue an order denying relief or shall’’. 
(d) DEFINITIONS.—Subsection (e) of such section is 
amended in paragraph (2), by inserting ‘‘or a grant’’ after 
‘‘a contract’’. 
SEC. 4402. MANDATORY FRAUD REPORTING. 
(a) AMENDMENT OF FEDERAL ACQUISITION REGU-
LATION.—The Federal Acquisition Regulation shall be 
amended within 180 days after the date of the enactment 
of this Act pursuant to FAR Case 2007–006 (as published 
at 72 Fed. Reg. 64019, November 14, 2007) or any fol-
low-on FAR case to include provisions that require timely 
notification by Federal contractors of violations of Federal 
criminal law or overpayments in connection with the 
award or performance of covered contracts or sub-
contracts, including those performed outside the United 
States and those for commercial items. 
(b) COVERED CONTRACT DEFINED.—In this section, 
the term ‘‘covered contract’’ means any contract in an 
amount greater than $5,000,000 and more than 120 days 
in duration. 
SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO 
CONTRACTOR EMPLOYEES. 
(a) CIVILIAN AGENCIES.—Section 304C of the Fed-
eral Property and Administrative Services Act of 1949 (41 
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HR 5658 PCS 
U.S.C. 254d) is amended in subsection (c)(1) by inserting 
after ‘‘records’’ the following ‘‘, or interview any em-
ployee,’’. 
(b) DEFENSE AGENCIES.—Section 2313 of title 10, 
United States Code, is amended in subsection (c)(1) by 
inserting after ‘‘records’’ the following ‘‘, or interview any 
employee,’’. 
SEC. 4404. PREVENTING CONFLICTS OF INTEREST. 
(a) ORGANIZATIONAL CONFLICTS OF INTEREST.— 
Not later than 12 months after the date of the enactment 
of this Act, the Administrator of the Office of Federal 
Procurement Policy shall review the Federal Acquisition 
Regulation to determine whether it contains sufficiently 
rigorous, comprehensive, and uniform Governmentwide 
policies to prevent and mitigate organizational conflicts of 
interest in Federal contracting. In reviewing such regula-
tions, the Administrator and the Federal Acquisition Reg-
ulatory Council, in consultation with the Office of Govern-
ment Ethics, shall, at a minimum, make appropriate revi-
sions to the regulations to— 
(1) establish a standard organizational conflict 
of interest clause, or a set of standard organizational 
conflict of interest clauses, for inclusion in solicita-
tions and contracts that set forth the contractor’s 
responsibilities with respect to its employees, sub-
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HR 5658 PCS 
contractors, partners, and any other affiliated orga-
nizations or individuals; 
(2) address conflicts that may arise in the con-
text of developing requirements and statements of 
work, the selection process, and contract administra-
tion; 
(3) ensure that adequate organizational conflict 
of interest safeguards are enacted in situations in 
which contractors are employed by the Federal Gov-
ernment to oversee other contractors or are hired to 
assist in the acquisition process; and 
(4) ensure that any policies or clauses developed 
address conflicts of interest that may arise from fi-
nancial interests, unfair competitive advantages, and 
impaired objectivity. 
(b) PERSONAL CONFLICTS OF INTEREST.—Not later 
than 12 months after the date of the enactment of this 
Act, the Federal Acquisition Regulation shall be amended 
to establish uniform, Governmentwide policies to prevent 
personal conflicts of interest by contractor employees in 
Federal contracting. In developing such regulations, the 
Federal Acquisition Regulatory Council, in consultation 
with the Office of Government Ethics, shall, at a min-
imum— 
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(1) develop a standard contractor employee per-
sonal conflicts of interest clause or a set of standard 
clauses for inclusion in solicitations and contracts 
that set forth the contractor’s responsibility to en-
sure that employees who are performing contracted 
services for the Federal Government are free of per-
sonal conflicts of interest; 
(2) identify the contracting methods, types and 
services that raise heightened concerns for potential 
conflicts of interest; and 
(3) establish specified principles, examples, a 
definition of personal conflicts of interest relevant to 
contractor employees working on Federal Govern-
ment contracts, specific prohibitions, and where ap-
plicable, greater disclosure for certain contractor em-
ployees, that will accomplish the end objective of eth-
ical behavior. 
(c) BEST PRACTICES.—The Administrator of the Of-
fice of Federal Procurement Policy, in consultation with 
the Office of Governmentwide Ethics, shall develop and 
maintain a repository of best practices relating to the pre-
vention and mitigation of organizational and personal con-
flicts of interest. 
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HR 5658 PCS 
TITLE XLV—ENHANCED 
CONTRACT TRANSPARENCY 
SEC. 4501. DISCLOSURE OF CEO SALARIES. 
(a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) 
of the Federal Funding Accountability and Transparency 
Act (Public Law 109–282; 31 U.S.C. 6101 note) is 
amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing new subparagraph: 
‘‘(F) the names and total compensation of 
the five most highly compensated officers of the 
entity if— 
‘‘(i) the entity in the preceding fiscal 
year received— 
‘‘(I) 80 percent or more of its an-
nual 
gross 
revenues 
in 
Federal 
awards; and 
‘‘(II) $25,000,000 or more in an-
nual gross revenues from Federal 
awards; and 
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