[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4123 Engrossed in House (EH)]
<DOC>
119th CONGRESS
2d Session
H. R. 4123
_______________________________________________________________________
AN ACT
To improve Federal technology procurement, 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 ``Federal Improvement in Technology
Procurement Act'' or the ``FIT Procurement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acquisition workforce.--The term ``acquisition
workforce'' means employees of an executive agency who are
responsible for procurement, contracting, or program or project
management that involves the performance of acquisition-related
functions or other employees 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) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means a Chief Acquisition Officer
appointed pursuant to section 1702(a) of title 41, United
States Code.
(4) 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.
(5) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41, United
States Code.
(6) Experiential learning.--The term ``experiential
learning'' means on-the-job experiences or simulations that
serve to enhance workforce professional skills.
(7) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given that term in section
4713(k) of title 41, United States Code; and
(B) includes information and communications
technologies covered by any definition contained in the
Federal Acquisition Regulation, including a definition
added after the date of the enactment of this Act by
the Federal Acquisition Regulatory Council pursuant to
notice and comment.
(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 Government Reform of the House of
Representatives.
(9) Senior procurement executive.--The term ``senior
procurement executive'' means a senior procurement executive
designated pursuant to section 1702(c)(1) of title 41, United
States Code.
(10) 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. 3. ACQUISITION WORKFORCE.
(a) Experiential Learning.--Not later than 18 months after the date
of the enactment of this Act, the Director of the Federal Acquisition
Institute may establish a pilot program to consider the incorporation
of experiential learning into the Federal Credentials Program, the
Federal Acquisition Certification for Contracting Officer's
Representatives program, the Federal Acquisition Certification for
Program and Project Managers program, or any successor program.
(b) Training on Information and Communications Technology
Acquisition.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Director of the Federal
Acquisition Institute, in coordination with the Administrator,
the Administrator of General Services, and the Administrator of
the Office of Electronic Government, and in consultation with
the heads of other executive agencies as determined to be
appropriate by the Director of the Federal Acquisition
Institute, may develop and implement or otherwise provide a
cross-functional information and communications technology
acquisition training program for members of the acquisition
workforce involved in acquiring information and communications
technology that shall do the following:
(A) Include learning objectives related to the
following:
(i) Market research.
(ii) Communicating with and considering
industry perspectives on the procurement
process, including how investment decisions are
impacted by Government communication and
engagement.
(iii) Developing requirements, acquisition
planning, best practices for developing and
executing outcome-based contracts, and source
selection strategy.
(iv) Evaluating proposals.
(v) Awarding and administering contracts
for information and communications technology.
(B) Include learning objectives that provide a
basic understanding of key technologies that executive
agencies need, such as cloud computing, artificial
intelligence and artificial intelligence-enabled
applications, and cybersecurity solutions.
(C) Include learning objectives that encourage the
use of commercial or commercially available off-the-
shelf technologies to the greatest extent practicable.
(D) Include case studies of lessons learned from
Federal information and communications technology
procurements and contracts, and related matters as
determined to be relevant by the Director of the
Federal Acquisition Institute.
(E) Include experiential learning opportunities and
opportunities to practice collaborative acquisition
strategies involving team members with varied relevant
domain expertise to complete acquisition-related tasks,
including tasks with accelerated timelines.
(F) Include continuous learning recommendations and
resources to keep the skills of members of the
acquisition workforce current, including tools that
help adopt or adapt the use of innovative acquisition
practices or other flexible business practices commonly
used in commercial buys.
(G) Be made available to members of the acquisition
workforce designated by a Chief Acquisition Officer,
senior procurement executive, or head of the
contracting activity to participate in the training
program.
(H) Inform executive agencies about streamlined and
alternative procurement methods for the procurement of
information and communications technology, including
the following:
(i) 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), competitive
programs that encourage businesses to engage in
Federal research or research and development
with the potential for commercialization, and
joint venture partnerships.
(ii) Innovative procurement techniques
designed to streamline the procurement process
and lower barriers to entry, such as the use of
oral presentations and product demonstrations
instead of lengthy written proposals,
appropriately leveraging performance and
outcomes-based contracting, and other
techniques discussed on the Periodic Table of
Acquisition Innovations or other similar
successor knowledge management portals.
(iii) 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 using the procedures and techniques
described in clauses (i) and (ii).
(I) Incorporate learning objectives to identify and
mitigate waste, fraud, and abuse and ensure the
protection of established privacy rights, civil rights,
and civil liberties in the procurement process.
(2) Report.--Not later than 2 years 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 report on the progress of the Director in
developing and implementing or otherwise providing the
training program described in paragraph (1); and
(B) a list of any acquisition training that the
Director determines to be outdated or no longer
necessary.
(3) Duration.--The training program described in paragraph
(1) may be updated as appropriate (but not less frequently than
once every 2 years after implementation), and offered not less
than 6 years following the date of implementation of the
training program.
(c) Acquisition Workforce Training Fund.--Section 1703(i)(3) of
title 41, United States Code, is amended by striking ``Five percent''
and inserting ``Seven and a half percent''.
(d) Harmonization of Acquisition Workforce Training Requirements.--
Section 2 of the Artificial Intelligence Training for the Acquisition
Workforce Act (Public Law 117-207; 41 U.S.C. 1703 note) is amended--
(1) in subsection (a)(4), by striking ``Director.--The term
`Director' means the Director of the Office of Management and
Budget.'' and inserting ``Administrator.--The term
`Administrator' means the Administrator of General Services.'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director, in
coordination with the Administrator of General Services
and any other person determined relevant by the
Director'' and inserting ``Administrator, in
coordination with the Director of the Office of
Management and Budget'';
(B) in paragraph (4), by striking ``Director'' and
inserting ``Administrator'';
(C) in paragraph (5), by striking ``Director'' and
inserting ``Administrator''; and
(D) in paragraph (6), by striking ``Director'' and
inserting ``Administrator''.
SEC. 4. INNOVATIVE PROCUREMENT METHODS.
(a) Increase in Simplified Acquisition Threshold.--Section 134 of
title 41, United States Code, is amended by striking ``$250,000'' and
inserting ``$500,000''.
(b) Simplified Procedures for Small Purchases.--Section 1901(a)(2)
of title 41, United States Code, is amended by striking ``$5,000,000''
and inserting ``$10,000,000''.
(c) Increase in Micro Purchase Threshold.--Section 1902(a)(1) of
title 41, United States Code, is amended by striking ``$10,000'' and
inserting ``$25,000''.
(d) Advances for Commercial Technology Subscriptions and Tenancy.--
Section 3324(d) of title 31, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2)--
(A) by inserting ``or commercially available
content'' after ``publication''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) charges for information and communications technology
subscriptions, reservations, or tenancy, which means the
sharing of computing resources in a private or public
environment, including cloud environments, for which the
ordering agency defines appropriate access and security
standards.''.
SEC. 5. ADJUSTMENTS TO CERTAIN ACQUISITION THRESHOLDS.
(a) Major Program.--Section 109 of title 41, United States Code, is
amended--
(1) in subsection (b)(1)--
(A) by striking ``$75,000,000 (based on fiscal year
1980 constant dollars)'' and inserting ``$275,000,000
(based on fiscal year 2024 dollars)''; and
(B) by striking ``$300,000,000 (based on fiscal
year 1980 constant dollars)'' and inserting
``$1,300,000,000 (based on fiscal year 2024 dollars)'';
and
(2) in subsection (b)(2), by striking ``$750,000 (based on
fiscal year 1980 constant dollars)'' and inserting ``$2,000,000
(based on fiscal year 2024 dollars)''.
(b) Modifications to Submissions of Cost or Pricing Data.--Section
3502(a) of title 41, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``2018'' each place it appears and
inserting ``2026'';
(B) in subparagraph (A), by striking ``$2,000,000''
and inserting ``$10,000,000''; and
(C) in subparagraph (B), by striking ``$750,000''
and inserting ``$2,000,000'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``$2,000,000''
and inserting ``$10,000,000'';
(B) in subparagraph (B), by striking ``$750,000''
and inserting ``$2,000,000''; and
(C) in subparagraph (C), by striking ``$750,000''
and inserting ``$2,000,000''; and
(3) in paragraph (3), by striking ``chapter and--'' and all
that follows and inserting the following: ``chapter and--
``(A) in the case of a prime contract entered into
after June 30, 2026, the price of the subcontract is
expected to exceed $10,000,000; or
``(B) in the case of a prime contract entered into
on or before June 30, 2026, the price of the
subcontract is expected to exceed $2,000,000.''.
SEC. 6. INCREASING COMPETITION IN FEDERAL CONTRACTING.
(a) Use of Past Performance.--
(1) In general.--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 the following:
(A) When a wider range of projects, including
commercial, non-government, and Government projects,
should be accepted as relevant past performance in
order to have increased competition among eligible
firms with capability to perform a requirement, such as
a requirement without much precedent.
(B) A means by which an agency may validate non-
government past performance references, such as by
requiring an official of an entity that provides past
performance references to attest to their authenticity
and by providing verifiable contact information for the
references.
(C) Any use of alternative evaluation methods other
than past performance that may be appropriate for a
requirement without much precedent, such as
demonstrations and testing of technologies as part of
the proposal process.
(2) Supplement not supplant.--The guidance required by
paragraph (1) shall supplement existing Federal and agency
policy and procedures for consideration of past performance and
other evaluation factors and methods.
(b) Enhancing Competition in Federal Procurement.--
(1) Council recommendations.--Not later than 90 days after
the date of the enactment of this Act, the Administrator shall
convene the Chief Acquisition Officers Council (in this
subsection referred to as the ``Council'') to make
recommendations to identify and eliminate specific, unnecessary
procedural barriers that disproportionately affect the ability
of small businesses to compete for Federal contracts, with a
focus on streamlining documentation and qualification
requirements unrelated to the protection of privacy rights and
civil liberties.
(2) Consultation.--The Council shall obtain input from the
public, including from the APEX Accelerators program (formerly
known as Procurement Technical Assistance Center network) and
other contractor representatives, to identify Federal
procurement policies and regulations that are obsolete, overly
burdensome or restrictive, not adequately harmonized, or
otherwise serve to create barriers to the participation of
small businesses in Federal contracting or unnecessarily
increase bid and proposal costs.
(3) Examination of actions.--The Council shall consider the
input obtained under paragraph (2) and any other information
determined relevant by the Council to identify legislative,
regulatory, and other actions to increase competition and
remove barriers to the participation of small businesses in
Federal contracting.
(4) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Administrator, in
consultation with the Federal Acquisition Regulatory Council,
the Council, and other executive agencies as appropriate, shall
implement the regulatory and other non-legislative actions
identified under paragraph (3), as determined necessary by the
Administrator, to remove barriers to entry for small businesses
seeking to participate in Federal contracting.
(5) Briefing.--Not later than 2 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 (3) and the actions implemented
under paragraph (4).
(c) Consideration of Cost-efficiency and Quality.--The
Administrator shall advocate for and prioritize contracting policies
that ensure that cost-efficiency and quality of goods and services are
key determining factors in awarding Federal contracts.
SEC. 7. COMPTROLLER GENERAL ASSESSMENT OF SMALL BUSINESS PARTICIPATION
IN FEDERAL PROCUREMENT.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
relevant committees of Congress and make publicly available a report
that does the following:
(1) Assesses the level of participation by small businesses
in Federal procurement.
(2) Identifies barriers and opportunities and the impact of
policies on the ability of small businesses to compete in
Federal procurement.
(3) Catalogs and evaluates the effectiveness of programs
intended to support the participation of small businesses in
Federal procurement.
(4) Analyzes trends in the involvement of small businesses
in Federal technology projects, including data on contract
awards, the diversity of sectors represented, and the
geographic distribution of small business contractors.
SEC. 8. CONFLICT OF INTEREST PROCEDURES.
The Federal Acquisition Regulatory Council and the Administrator
shall update the Federal Acquisition Regulation as necessary to provide
additional guidance to executive agencies to address personal and
organizational conflicts of interest involving members of the
acquisition workforce.
SEC. 9. NO ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act.
Passed the House of Representatives July 20, 2026.
Attest:
Clerk.
119th CONGRESS
2d Session
H. R. 4123
_______________________________________________________________________
AN ACT
To improve Federal technology procurement, and for other purposes.