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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                 S. 680

_______________________________________________________________________

                                 AN ACT


 
 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,

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. Definitizing of letter contracts.
Sec. 302. Preventing abuse of interagency contracts and assisted 
                            acquisition services.
Sec. 303. Purchase card waste elimination.
Sec. 304. Lead systems integrators.
Sec. 305. Limitations on tiering of subcontractors.
Sec. 306. Responsibility of contractors that are serious threats to 
                            national security.
Sec. 307. Required certification of program managers for Department of 
                            Homeland Security level one programs.
Sec. 308. Elimination of one-year limitation on interest due on late 
                            payments to contractors.
Sec. 309. Ensuring that Federal employees perform inherently 
                            governmental work.
Sec. 310. Report on Acquisition Advisory Panel report implementation.
Sec. 311. Report by the Government Accountability Office.
Sec. 312. Mapping and surveying services.
Sec. 313. Timely and accurate transmission of information included in 
                            Federal Procurement Data System.
Sec. 314. Use of existing funds for regulations and reports.

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. 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. 302. 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. 303. 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. 304. 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. 305. 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. 306. 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. 307. 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. 308. 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. 309. 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. 310. 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. 311. 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. 312. 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. 313. 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.''.

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

    Provisions and amendments of this Act requiring the promulgation of 
regulations or the production of reports shall be carried out using 
existing funds.

            Passed the Senate November 7, 2007.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                                 S. 680

_______________________________________________________________________

                                 AN ACT

 To ensure proper oversight and accountability in Federal contracting, 
                        and for other purposes.