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‘‘(2) The information technology provided for in a con-
tract for acquisition of information technology should be de-
livered within 18 months after the date on which the solici-
tation resulting in award of the contract was issued.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by
inserting after the item relating to section 2305 the
following:
‘‘2305a. Modular contracting.’’.
SEC. 4203. TASK AND DELIVERY ORDER CONTRACTS.
(a) CIVILIAN AGENCY ACQUISITIONS.—
(1) REQUIREMENT
FOR
MULTIPLE
AWARDS.—
Section 303H(d) of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 253H(d)) is
amended by adding at the end the following new
paragraph:
‘‘(4) In exercising the authority under this sec-
tion for procurement of information technology, the
head of an executive agency shall award at least two
task or delivery order contracts for the same or simi-
lar information technology services or property unless
the agency determines that it is not in the best inter-
ests of the United States to award two or more such
contracts.’’.
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(2) DEFINITION.—Section 303K of such Act (41
U.S.C. 253K) is amended by adding at the end the
following new paragraph:
‘‘(3) The term ‘information technology’ has the
meaning given that term in section 4 of the Informa-
tion Technology Management Reform Act of 1995.’’.
(b) ARMED SERVICES ACQUISITIONS.—
(1) REQUIREMENT
FOR
MULTIPLE
AWARDS.—
Section 2304a(d) of title 10, United States Code, is
amended by adding at the end the following new
paragraph:
‘‘(4) In exercising the authority under this sec-
tion for procurement of information technology, the
head of an executive agency shall award at least two
task or delivery order contracts for the same or simi-
lar information technology services or property unless
the agency determines that it is not in the best inter-
ests of the United States to award two or more such
contracts.’’.
(2) DEFINITION.—Section 2304d of title 10,
United States Code, is amended by adding at the end
the following new paragraph:
‘‘(3) The term ‘information technology’ has the
meaning given that term in section 4 of the Informa-
tion Technology Management Reform Act of 1995.’’.
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Subtitle B—Acquisition
Management
SEC. 4221. ACQUISITION MANAGEMENT TEAM.
(a) CAPABILITIES OF AGENCY PERSONNEL.—The head
of each executive agency shall ensure that the agency person-
nel involved in an acquisition of information technology
have the experience, and have demonstrated the skills and
knowledge, necessary to carry out the acquisition com-
petently.
(b) USE OF OUTSIDE ACQUISITION TEAM.—If the head
of the executive agency determines that such personnel are
not available for carrying out the acquisition, the head of
that agency should consider designating a capable executive
agent to carry out the acquisition.
SEC. 4222. OVERSIGHT OF ACQUISITIONS.
It is the sense of Congress that the director of the Office
of Management and Budget, the heads of executive agencies,
and the inspectors general of executive agencies, in perform-
ing responsibilities for oversight of information technology
acquisitions, should emphasize reviews of the operational
justifications for the acquisitions, the results of the acquisi-
tion programs, and the performance measurements estab-
lished for the information technology rather than reviews
of the acquisition process.
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TITLE 
XLIII—INFORMATION
TECHNOLOGY 
ACQUISITION
PILOT PROGRAMS
Subtitle A—Conduct of Pilot
Programs
SEC. 4301. AUTHORIZATION TO CONDUCT PILOT PRO-
GRAMS.
(a) IN GENERAL.—
(1) PURPOSE.—The Administrator for Federal
Procurement Policy (hereinafter referred to as the
‘‘Administrator’’), in consultation with the Adminis-
trator for the Office of Information and Regulatory
Affairs shall be authorized to conduct pilot programs
in order to test alternative approaches for acquisition
of information technology and other information re-
sources by executive agencies.
(2) MULTI-AGENCY, MULTI-ACTIVITY CONDUCT OF
EACH
PROGRAM.—Except as otherwise provided in
this title, each pilot program conducted under this
title shall be carried out in not more than two procur-
ing activities in each of two executive agencies des-
ignated by the Administrator. The head of each des-
ignated executive agency shall, with the approval of
the Administrator, select the procuring activities of
the agency to participate in the test and shall des-
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ignate a procurement testing official who shall be re-
sponsible for the conduct and evaluation of the pilot
program within the agency.
(b) LIMITATIONS.—
(1) NUMBER.—Not more than two pilot pro-
grams shall be conducted under the authority of this
title, including one pilot program each pursuant to
the requirements of sections 4321 and 4322.
(2) AMOUNT.—The total amount obligated for
contracts entered into under the pilot programs con-
ducted under the authority of this title may not ex-
ceed $750,000,000. The Administrator shall monitor
such contracts and ensure that contracts are not en-
tered into in violation of the limitation in the preced-
ing sentence.
(c) INVOLVEMENT OF CHIEF INFORMATION OFFICERS
COUNCIL.—The Administrator may—
(1) conduct pilot programs recommended by the
Chief Information Officers Council; and
(2) consult with the Chief Information Officers
Council regarding development of pilot programs to
be conducted under this section.
(d) PERIOD OF PROGRAMS.—
(1) IN GENERAL.—Subject to paragraph (2), the
Administrator shall conduct a pilot program for the
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period, not in excess of five years, that is determined
by the Administrator to be sufficient to establish reli-
able results.
(2) CONTINUING
VALIDITY
OF
CONTRACTS.—A
contract entered into under the pilot program before
the expiration of that program shall remain in effect
according to the terms of the contract after the expira-
tion of the program.
SEC. 4302. EVALUATION CRITERIA AND PLANS.
(a) MEASURABLE TEST CRITERIA.—The head of each
executive agency conducting a pilot program under section
4301 shall establish, to the maximum extent practicable,
measurable criteria for evaluating the effects of the proce-
dures or techniques to be tested under the program.
(b) TEST PLAN.—Before a pilot program may be con-
ducted under section 4301 the Administrator shall submit
to the Committee on Governmental Affairs and the Commit-
tee on Small Business of the Senate and the Committee on
Government Reform and Oversight and the Committee on
Small Business of the House of Representative a detailed
test plan for the program, including a detailed description
of the procedures to be used and a list of any regulations
that are to be waived.
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SEC. 4303. REPORT.
(a) REQUIREMENT.—Not later than 180 days after the
completion of a pilot program conducted under this title
the Administrator shall—
(1) submit to the Director of the Office of Man-
agement and Budget a report on the results and find-
ings under the program; and
(2) provide a copy of the report to the Committee
on Governmental Affairs and the Committee on Small
Business of the Senate, and the Committee on Govern-
ment Reform and Oversight and the Committee on
Small Business of the House of Representatives.
(b) CONTENT.—The report shall include the following:
(1) A detailed description of the results of the
program, as measured by the criteria established for
the program.
(2) A discussion of any legislation that the Ad-
ministrator recommends, or changes in regulations
that the Administrator considers necessary, in order
to improve overall information resources management
within the Federal Government.
SEC. 4304. RECOMMENDED LEGISLATION.
If the Director of the Office of Management and Budget
determines that the results and findings under a pilot pro-
gram under this title indicate that legislation is necessary
or desirable in order to improve the process for acquisition
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operation of this working group shall not be subject
to the requirements of the Federal Advisory Commit-
tee Act, Public Law 92–463, as amended (5 U.S.C.
App.).
(2) CONTENT OF PLAN.—The plan shall provide
for use of solutions-based contracting in the Depart-
ment of Defense and not more than two other execu-
tive agencies for a total of—
(A) not more than 10 projects, each of
which 
has 
an 
estimated 
cost 
of 
between
$25,000,000 and $100,000,000; and
(B) not more than 10 projects, each of
which 
has 
an 
estimated 
cost 
of 
between
$1,000,000 and $5,000,000, to be set aside for
small business concerns.
(3) COMPLEXITY OF PROJECTS.—(A) Subject to
subparagraph (C), each acquisition project under the
pilot program shall be sufficiently complex to provide
for meaningful evaluation of the use of solutions-based
contracting for acquisition of information technology
for executive agencies.
(B) In order for an acquisition project to satisfy
the requirement in subparagraph (A)—
(i) the solution for attainment of the execu-
tive agency’s objectives under the project should