[Congressional Record Volume 153, Number 172 (Wednesday, November 7, 2007)]
[Senate]
[Pages S14095-S14101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ACCOUNTABILITY IN GOVERNMENT CONTRACTING ACT OF 2007

  Mr. DURBIN. Madam President, I ask unanimous consent the Senate 
proceed to the immediate consideration of calendar No. 420, S. 680.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 680) to ensure proper oversight and 
     accountability in Federal contracting, and for other 
     purposes.

  Without objection, the Senate proceeded to consider the bill which 
had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.

[[Page S14096]]

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

     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.--

[[Page S14097]]

       (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

[[Page S14098]]

     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.

[[Page S14099]]

     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. RECORDING OF OBLIGATIONS ON TASK ORDER CONTRACTS.

       (a) Civilian Contracts.--
       (1) In general.--Section 303H of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253h) is 
     amended--
       (A) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Authority To Defer Recording Obligations on Task or 
     Delivery Order Contracts.--(1) Subject to paragraphs (2) and 
     (3), the head of an executive agency may defer the recording 
     of an obligation, including an obligation in the amount of 
     the guaranteed minimum, under a contract awarded under this 
     section until the issuance of a task or delivery order.
       ``(2) The amount of the guaranteed minimum under a contract 
     must be obligated during the same fiscal year during which 
     the contract is awarded unless waived by the head of the 
     executive agency for exceptional circumstances.
       ``(3) The amount of the guaranteed minimum under a contract 
     may be satisfied by multiple task or delivery orders, but the 
     full value of each individual task or delivery order must be 
     obligated when such order is issued.''.
       (2) Advisory and assistance services.--Section 303I of such 
     Act (41 U.S.C. 253i) is amended--
       (A) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (B) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Authority To Defer Recording Obligations on Task or 
     Delivery Order Contracts.--(1) Subject to paragraphs (2) and 
     (3), the head of an executive agency may defer the recording 
     of an obligation, including an obligation in the amount of 
     the guaranteed minimum, under a contract awarded under this 
     section until the issuance of a task or delivery order.
       ``(2) The amount of the guaranteed minimum under a contract 
     must be obligated during the same fiscal year during which 
     the contract is awarded unless waived by the head of the 
     executive agency for exceptional circumstances.
       ``(3) The amount of the guaranteed minimum under a contract 
     may be satisfied by multiple task or delivery orders, but the 
     full value of each individual task or delivery order must be 
     obligated when such order is issued.''.
       (b) Defense Contracts.--
       (1) In general.--Section 2304a of title 10, United States 
     Code, is amended--
       (A) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (B) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Authority To Defer Recording Obligations on Task or 
     Delivery Order Contracts.--(1) Subject to paragraphs (2) and 
     (3), the head of an agency may defer the recording of an 
     obligation, including an obligation in the amount of the 
     guaranteed minimum, under a contract awarded under this 
     section until the issuance of a task or delivery order.
       ``(2) The amount of the guaranteed minimum under a contract 
     must be obligated during the same fiscal year during which 
     the contract is awarded unless waived by the head of the 
     agency for exceptional circumstances.
       ``(3) The amount of the guaranteed minimum under a contract 
     may be satisfied by multiple task or delivery orders, but the 
     full value of each individual task or delivery order must be 
     obligated when such order is issued.''.
       (2) Advisory and assistance services.--Section 2304b of 
     title 10, United States Code, is amended--
       (A) by redesignating subsection (f) as subsections (g); and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Authority To Defer Recording Obligations on Task or 
     Delivery Order Contracts.--(1) Subject to paragraphs (2) and 
     (3), the head of an agency may defer the recording of an 
     obligation, including an obligation in the amount of the 
     guaranteed minimum, under a contract awarded under this 
     section until the issuance of a task or delivery order.
       ``(2) The amount of the guaranteed minimum under a contract 
     must be obligated during the same fiscal year during which 
     the contract is awarded unless waived by the head of the 
     agency for exceptional circumstances.
       ``(3) The amount of the guaranteed minimum under a contract 
     may be satisfied by multiple task or delivery orders, but the 
     full value of each individual task or delivery order must be 
     obligated when such order is issued.''.

     SEC. 302. 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. 303. 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

[[Page S14100]]

     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. 304. 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.

[[Page S14101]]

     SEC. 305. 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. 306. 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. 307. 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. 308. 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. 309. 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. 310. 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. 311. 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. 312. 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. 313. 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. 314. 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.''.
  Mr. DURBIN. I ask unanimous consent that the substitute amendment at 
the desk be agreed to, the committee-reported amendment as amended be 
agreed to, the bill as amended be read a third time and passed, the 
motion to reconsider be laid upon the table and that any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The amendment (No. 3565) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 680) was ordered to be engrossed for a third reading, 
was read the third time, and passed.

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