[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4623 Reported in Senate (RS)]
<DOC>
Calendar No. 561
117th CONGRESS
2d Session
S. 4623
[Report No. 117-209]
To advance Government innovation through leading-edge procurement
capability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2022
Mr. Peters (for himself, Ms. Ernst, and Mr. Carper) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
November 17, 2022
Reported by Mr. Peters, without amendment
_______________________________________________________________________
A BILL
To advance Government innovation through leading-edge procurement
capability, 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 ``Advancing Government Innovation with
Leading-Edge Procurement Act of 2022'' or the ``AGILE Procurement Act
of 2022''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government Accountability Office (GAO) has
conducted a trend analysis of governmentwide contracting for
each of the last several fiscal years. These analyses show that
the Federal dollars obligated through contracts has been
steadily increasing.
(2) Contract spending accounts for more than 80 percent of
the Federal information technology budget.
(3) Spending on cybersecurity, software, cloud computing,
and artificial intelligence technologies is projected to grow
significantly.
(4) Rapid technological developments and increased
Government demand create a need for a Federal acquisition
workforce with an understanding of technology and related
procurement considerations.
(5) Recruitment and retention of procurement staff are
chief concerns for Federal agencies, which are facing a
shortage of procurement professionals despite growing contract
spending and the need for a faster procurement process to keep
pace with technological advancements.
(6) Federal agencies are challenged to shorten the
procurement cycle to timely meet agency technology
requirements. Unlike in the past, procurements that take years
from requirements development to implementation may be obsolete
by the time they are fielded.
(7) While Federal contracting dollars are increasing year
over year, the number of Federal contractors receiving contract
awards is shrinking, particularly with regard to new and small
companies. This trend could impair the Federal Government's
access to innovative commercial technologies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Acquisition workforce.--The term ``acquisition
workforce'' means employees of an executive agency who are
responsible for procurement, contracting, program or project
management, or others as designated by the Chief Acquisition
Officer, Senior Procurement Executive, or Head of the
Contracting Activity.
(2) Administrator.--The term ``Administrator'' means the
Administrator for Federal Procurement Policy.
(3) Cross-functional.--The term ``cross-functional'' means
a structure in which individuals with different functional
expertise or from different areas of an organization work
together as a team.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(5) Experiential learning.--The term ``experiential
learning'' means on-the-job experiences or simulations that
serve to enhance workforce professional skills.
(6) Information and communications technology.--The term
``information and communications technology'' has the meaning
given the term in subpart 2.101 of the Federal Acquisition
Regulation and includes associated services.
(7) Qualified business wholly-owned through an employee
stock ownership plan.--The term ``qualified businesses wholly-
owned through an Employee Stock Ownership Plan'' means an S
corporation (as defined in section 1361(a)(1) of the Internal
Revenue Code of 1986) for which 100 percent of the outstanding
stock is held through an employee stock ownership plan (as
defined in section 4975(e)(7) of such Code).
(8) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives.
(9) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section 3
of the Small Business Act (15 U.S.C. 632).
SEC. 4. ACQUISITION WORKFORCE.
(a) Pathways to Procurement Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator, in coordination
with the Federal Acquisition Institute and the Office of
Personnel Management, as necessary, shall pilot a program for
entry of junior and mid-career professionals to the General
Schedule Contracting series (GS-1102) workforce, by--
(A) considering the inclusion of program
participants from other job series and fields,
including veterans, military spouses, and private
sector procurement professionals;
(B) providing alternatives to education and
training requirements for entry into the General
Schedule Contracting series (GS-1102) workforce, such
as allowing for use of educational credits in a
technical discipline relevant to agency procurement,
such as information and communications technology and
scientific and engineering disciplines;
(C) providing pathways to reciprocity or
fulfillment of certification requirements for
Department of Defense professional contracting
certification holders and commercial sector acquisition
certification holders, such as certified professional
contract managers and certified Federal contract
managers; and
(D) providing a capstone class or experience and
relevant mentorship opportunities.
(2) Briefing.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall provide to the
relevant committees of Congress a briefing on implementation of
the pilot program and any recommendations related to expansion
or extension.
(3) Duration.--The duration of the pilot program under this
subsection shall be not less than 5 years after the date of the
enactment of this Act.
(b) Experiential Learning.--Not later than 1 year after the date of
the enactment of this Act, the Federal Acquisition Institute shall
incorporate experiential learning into the training framework for the
General Schedule Contracting series (GS-1102).
(c) Training on Information and Communications Technology
Acquisition.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Federal Acquisition Institute,
in coordination with the Administrator, the Administrator of
General Services, the Chief Information Officers Council, and
the United States Digital Service shall develop and implement
or otherwise provide a cross-functional information and
communications technology acquisition training program to
acquisition workforce members involved in acquiring information
and communications technology. The training shall--
(A) include learning objectives related to market
research and communicating with industry, developing
requirements, acquisition planning, and awarding and
administering contracts for information and
communications technology;
(B) include learning objectives encouraging use of
small business programs to acquire information and
communications technology;
(C) include learning objectives encouraging the use
of commercial or commercially available off-the-shelf
(COTS) technologies to the greatest extent practicable;
(D) include case studies of lessons learned from
Federal information and communications technology
procurements and contracts;
(E) include experiential learning opportunities;
(F) include continuous learning recommendations and
resources to keep the skills of acquisition workforce
members current; and
(G) be made available to acquisition workforce
members designated by a Chief Acquisition Officer,
Senior Procurement Executive, or Head of the
Contracting Activity to participate in the training
program.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director of the Federal Acquisition
Institute shall provide to the relevant committees of Congress,
the Chief Acquisition Officers Council and the Chief
Information Officers Council--
(A) a briefing outlining the Director's progress in
developing and implementing or otherwise providing the
information and communications technology acquisition
training described in paragraph (1); and
(B) a list of any congressionally mandated
acquisition training that the Director determines to be
outdated or no longer necessary for other reasons.
(3) Duration.--The training program shall be offered for a
minimum of 5 years following the date of implementation of the
training program.
SEC. 5. INNOVATIVE PROCUREMENT METHODS.
(a) Guidance on Innovative Procurement Methods.--Not later than 1
year after the date of the enactment of this Act, the Administrator
shall issue guidance to inform executive agencies on the availability
of streamlined and alternative procurement methods for procurement of
information and communications technology, including--
(1) simplified procedures for certain commercial products
and commercial services in accordance with subpart 13.5 of the
Federal Acquisition Regulation, prize competitions under the
America COMPETES Reauthorization Act of 2010 (Public Law 111-
358), commercial solutions opening authorities as provided in
this section or under separate authority, the Small Business
Innovation Research Program, and joint venture partnerships
through agreement with National Technical Innovation Service
within the Department of Commerce; and
(2) information on appropriate use, examples and templates,
and any other information determined relevant by the
Administrator to assist contracting officers and other members
of the acquisition workforce in utilizing the procedures
described in paragraph (1).
(b) Expansion of Commercial Solutions Opening Authority.--Section
880 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 41 U.S.C. 3301 note) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the
following new subparagraph:
``(C) The head of an executive agency approved for
the program, on a pilot or permanent basis, by the
Director of the Office of Management and Budget.''; and
(B) in paragraph (3), by adding at the end the
following new subparagraph:
``(C) An executive agency approved for the program
by the Director of the Office of Management and
Budget.'';
(2) in subsection (c), by striking ``$10,000,000'' and
inserting ``$25,000,000'';
(3) by amending subsection (e) to read as follows:
``(e) Reporting and Data Collection.--The head of an agency shall
report information on contracts made using procedures under this
section to the Office of Management and Budget as determined by the
Office of Management and Budget. The Administrator shall collect and
analyze data on the use of the authority under this section for the
purposes of--
``(1) developing and sharing best practices;
``(2) gathering information on the implementation of the
authority and related policy issues; and
``(3) informing the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives on the use
of the authority.'';
(4) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product' includes a commercial
product or a commercial service, as those terms are defined in
sections 103 and 103a, respectively, of title 41, United States
Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method,
including research and development; or
``(B) any new application of an existing
technology, process, or method.'';
(5) by striking subsection (g);
(6) in the section heading, by striking ``Pilot programs''
and inserting ``Programs''; and
(7) by striking ``pilot'' each place it appears.
(c) Clerical Amendment.--The table of contents in section 2(b) of
such Act is amended by striking the item relating to section 880 and
inserting the following new item:
``Sec. 880. Programs for authority to acquire innovative commercial
items using general solicitation
competitive procedures.''.
SEC. 6. ADDRESSING BARRIERS TO ENTRY IN FEDERAL CONTRACTING.
(a) Use of Past Performance.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall issue guidance,
including examples and templates where appropriate, on--
(1) when a wider range of projects, such as commercial or
non-government, as well as Government projects, should be
accepted as relevant past performance, in order to have access
to a wider pool of eligible firms with capability to perform a
requirement, such as a requirement without much precedent; and
(2) use of alternative evaluation methods that may be
appropriate for a requirement without much precedent.
(b) Addressing Barriers to Entry.--
(1) Addressing barriers to entry working group.--Not later
than 90 days after the date of the enactment of this Act, the
Administrator shall convene a working group or an appropriate
existing body (in this section referred to as the ``working
group''), to make recommendations to reduce barriers to entry
for entities seeking to do business with the Federal
Government.
(2) Membership.--The working group convened under paragraph
(1) shall be chaired by the Administrator or a designee of the
Administrator and include, at a minimum, representatives from:
(A) The General Services Administration.
(B) The Department of Homeland Security.
(C) The Department of Commerce.
(D) The Department of Defense.
(E) The Department of Health and Human Services.
(F) The Small Business Administration.
(G) Any other agencies or organizations, including
national security agencies, determined appropriate by
the Administrator.
(3) Consultation.--The working group shall obtain input
from the public, including from the Procurement Technical
Assistance Center (PTAC) network and from other industry
representatives, on ways in which Federal procurement policies
and regulations are obsolete, overly burdensome or restrictive,
and serve to create barriers to participation in Federal
contracting or unnecessarily increase bid and proposal costs.
(4) Examination of actions.--The working group shall
consider the input obtained under paragraph (3) and any other
information determined to be appropriate by the Administrator
to identify legislative, regulatory, and other actions to
foster more resilient supply chains, provide access to a wider
pool of qualified vendors, and increase opportunities for
participation of new, small, and nontraditional businesses in
the procurement process, in addition to addressing other
barriers.
(5) Implementation.--Not later than two years after the
date of the enactment of this Act, the Administrator shall, in
consultation with the Federal Acquisition Regulatory Council,
the Chief Acquisition Officers Council, the working group, and
other agencies as appropriate, implement the regulatory and
other non-legislative actions identified under paragraph (4) to
address barriers to entry for entities seeking to participate
in Federal Government procurement.
(6) Briefing.--Not later than two years after the date of
the enactment of this Act, the Administrator shall brief the
relevant committees of Congress on the legislative actions
identified under paragraph (4), and the actions implemented
under paragraph (5).
(c) Revision to the Mandatory Use of the Cost Accounting
Standards.--Section 1502(b)(1) of title 41, United States Code, is
amended--
(1) in subparagraph (B) by striking ``the amount set forth
in section 3702(a)(1)(A) of title 10 as the amount is adjusted
in accordance with applicable requirements of law'' and
inserting ``$15,000,000''; and
(2) in subparagraph (C)--
(A) in clause (ii), by striking the semicolon and
inserting ``; or'';
(B) in clause (iii), by striking ``; or'' and
inserting a period; and
(C) by striking clause (iv).
SEC. 7. INCENTIVIZING EMPLOYEE STOCK OWNERSHIP PLANS FOR BUSINESS
GROWTH.
(a) Pilot Program To Use Noncompetitive Procedures for Certain
Follow-On Contracts to Qualified Businesses Wholly-Owned Through an
Employee Stock Ownership Plan (ESOP).--
(1) Establishment.--The Administrator may expand the pilot
program authorized by section 874 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 3204 note) for governmentwide use, including by
coordinating as necessary with the Federal Acquisition
Regulatory Council to make related amendments to the Federal
Acquisition Regulation.
(2) Follow-on contracts.--Notwithstanding the requirements
of section 3301 of title 41, United States Code, for purposes
of carrying out a governmentwide ESOP pilot program established
under paragraph (1), the products or services to be procured by
an executive agency under a follow-on contract with a qualified
business wholly-owned through an ESOP for the continued
development, production, or provision of products or services
that are the same as or substantially similar to the products
or services procured under a prior contract may be procured
through procedures other than competitive procedures if the
performance of the qualified business on the prior contract was
rated as satisfactory (or the equivalent) or better.
(3) Limitation.--A qualified business wholly-owned through
an ESOP may have a single opportunity for award of a sole-
source follow-on contract under this subsection, unless the
senior procurement executive of the executive agency awarding
the contract approves a waiver of such limitation.
(b) Verification and Reporting of Qualified Businesses Wholly-Owned
Through an Employee Stock Ownership Plan.--Under a pilot program
established under this section, the Administrator shall establish
procedures--
(1) for businesses to verify status as a qualified business
wholly-owned through an ESOP for the purposes of this section
by using existing Federal reporting mechanisms;
(2) for a qualified businesses wholly-owned through an ESOP
to certify that not more than 50 percent of the amount paid
under the contract will be expended on subcontracts, including
similarly situated ESOPs if determined appropriate by the
Administrator, subject to such necessary and reasonable waivers
as the implementing guidance or regulations may prescribe; and
(3) to record and provide to relevant committees of
Congress upon request information on each follow-on contract
awarded under authority of this subsection, including details
relevant to the nature of such contract and the qualified
business wholly-owned through an ESOP that received the
contract.
(c) Sunset.--A pilot program established under this section shall
expire on the date that is 5 years after the date of the enactment of
this Act.
Calendar No. 561
117th CONGRESS
2d Session
S. 4623
[Report No. 117-209]
_______________________________________________________________________
A BILL
To advance Government innovation through leading-edge procurement
capability, and for other purposes.
_______________________________________________________________________
November 17, 2022
Reported without amendment