[Congressional Record Volume 167, Number 133 (Thursday, July 29, 2021)]
[Senate]
[Pages S5190-S5192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING RIGOROUS AND INNOVATIVE COST EFFICIENCIES FOR FEDERAL
PROCUREMENT AND ACQUISITIONS ACT OF 2021
Mr. HEINRICH. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 80, S. 583.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 583) to promote innovative acquisition
techniques and procurement strategies, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.
S. 583
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 ``Promoting Rigorous and
Innovative Cost Efficiencies for Federal Procurement and
Acquisitions Act of 2021'' or the ``PRICE Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small business participation in the Federal marketplace
is key to ensuring a strong industrial base;
(2) the Business Opportunity Development Reform Act of 1988
(Public Law 100-656) sets forth the requirement for the
President to establish Government-wide goals for procurement
contracts awarded to small businesses;
(3) each year, the Small Business Administration works with
each Federal agency to set their respective contracting goals
and publishes a scorecard to ensure that the total of all
Federal agency goals meets the required targets for the
Federal Government;
(4) the Department has received among the highest scorecard
letter grades 10 years in a row and is the largest Federal
agency to have such a track record;
(5) in virtually every segment of the economy of the United
States, including the homeland security community, there are
small businesses working to support the mission and playing a
critical role in delivering efficient and innovative
solutions to the acquisition needs of the Federal Government;
(6) the Procurement Innovation Lab of the Department--
(A) is aimed at experimenting with innovative acquisition
techniques across the Homeland Security [enterprise]
Enterprise;
(B) provides a forum to test new ideas, share lessons
learned, and promote best practices;
(C) fosters cultural changes that promote innovation and
managed risk taking through a continuous cycle of testing,
obtaining feedback, sharing information, and retesting where
appropriate; and
(D) aims to make the acquisition process more smooth and
innovative within the construct of the Federal Acquisition
Regulation for both the Federal Government and contractors;
and
(7) despite progress in the adoption of new and better
business practices by many Federal agencies, the overall
adoption of modernized business practices and advanced
[[Page S5191]]
technologies across the Federal Government remains slow and
uneven.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator for Federal Procurement Policy.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Small Business and
Entrepreneurship of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Small Business of
the House of Representatives.
(3) Council.--The term ``Council'' means the Chief
Acquisition Officers Council established under section 1311
of title 41, United States Code.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Homeland security enterprise enterprise.--The term
``Homeland Security [enterprise] Enterprise'' has the meaning
given the term in section 2211(h) of the Homeland Security
Act of 2002 (6 U.S.C. 661(h)).
(6) Scorecard.--The term ``scorecard'' means the scorecard
described in section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Small business.--The term ``small business'' means--
(A) a qualified HUBZone small business concern, a small
business concern, a small business concern owned and
controlled by service-disabled veterans, or a small business
concern owned and controlled by women, as those terms are
defined in section 3 of the Small Business Act (15 U.S.C.
632);
(B) a small business concern owned and controlled by
socially and economically disadvantaged individuals, as
defined in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)); or
(C) a small business concern unconditionally owned by an
economically disadvantaged Indian tribe or an economically
disadvantaged Native Hawaiian organization that qualifies as
a socially and economically disadvantaged small business
concern, as defined in section 8(a)(4) of the Small Business
Act (15 U.S.C. 637(a)(4)).
(9) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Management of the Department.
SEC. 4. PROCUREMENT INNOVATION LAB REPORT.
(a) Report.--The Under Secretary shall publish an annual
report on a website of the Department on Procurement
Innovation Lab projects that have used innovative techniques
within the Department to accomplish--
(1) improving or encouraging better competition;
(2) reducing time to award;
(3) cost savings;
(4) better mission outcomes; or
(5) meeting the goals for contracts awarded to small
business concerns under section 15(g) of the Small Business
Act (15 U.S.C. 644(g)).
(b) Education.--The Under Secretary shall develop and
disseminate guidance and offer training for contracting
officers, contracting specialists, program managers, and
other personnel of the Department, as determined appropriate
by the Under Secretary, concerning when and how to use the
innovative procurement techniques of the Department.
(c) Best Practices.--The Under Secretary shall share best
practices across the Department and make available to other
Federal agencies information to improve procurement methods
and training, as determined appropriate by the Under
Secretary.
(d) Sunset.--This section shall cease to be effective on
the date that is 3 years after the date of enactment of this
Act.
SEC. 5. COUNCIL.
(a) Establishment.--Not later than 45 days after the date
of enactment of this Act, the Administrator shall convene the
Council to examine best practices for acquisition innovation
in contracting in the Federal Government, including small
business contracting in accordance with the goals established
under section 15(g) of the Small Business Act (15 U.S.C.
644(g)).
(b) Working Group.--The Council may form a working group to
address the requirements of this section, which, if formed,
shall--
(1) be chaired by the Administrator or a designee of the
Administrator; and
(2) be composed of--
(A) the Chief Procurement Officer of the Department;
(B) Council members from--
(i) the General Services Administration;
(ii) the Department of Defense;
(iii) the Department of the Treasury;
(iv) the Department of Veterans Affairs;
(v) the Department of Health and Human Services;
(vi) the Small Business Administration; and
(vii) such other Federal agencies as determined by the
chair of the Council from among Federal agencies that have
demonstrated significant, sustained progress using innovative
acquisition practices and technologies, including for small
business contracting, during each of the 3 years preceding
the date of enactment of this Act; and
(C) other employees, as determined appropriate by the chair
of the Council, of Federal agencies with the requisite senior
experience to make recommendations to improve Federal agency
efficiency, effectiveness, and economy, including in
promoting small business contracting.
(c) Duties of the Council.--The Council, or a working group
formed under subsection (b), shall--
(1) convene not later than 90 days after the date of
enactment of this Act and thereafter on a quarterly basis
until the Council submits the report required under
subsection (d)(1); and
(2) conduct outreach with the workforce and the public in
meeting the requirements under subsection (d)(1).
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Council shall submit to the
appropriate congressional committees a report that
describes--
(A) innovative acquisition practices and applications of
technologies that have worked well in achieving better
procurement outcomes, including increased efficiency,
improved program outcomes, better customer experience, and
meeting or exceeding the goals under section 15(g) of the
Small Business Act (15 U.S.C. 644(g)), and the reasons why
those practices have succeeded;
(B) steps to identify and adopt transformational commercial
business practices, modernized data analytics, and advanced
technologies that allow decision making to occur in a more
friction-free buying environment and improve customer
experience; and
(C) any recommendations for statutory changes to accelerate
the adoption of innovative acquisition practices.
(2) Briefing.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall brief the
appropriate congressional committees on the means by which
the findings and recommendations of the report have been
disseminated under paragraph (3).
(3) Publication and dissemination of report findings.--To
promote more rapid adoption of acquisition best practices,
the Administrator shall--
(A) publish the report required under paragraph (1) on the
website of the Office of Management and Budget and on the
Innovation Hub on the Acquisition Gateway or any successor
Government-wide site available for increasing awareness of
resources dedicated to procurement innovation; and
(B) encourage the head of each Federal agency to maintain a
site on the website of the Federal agency for acquisition and
contracting professionals, program managers, members of the
public, and others as appropriate that is--
(i) dedicated to acquisition innovation; and
(ii) identifies--
(I) resources, including the acquisition innovation
advocate and industry liaison of the Federal agency;
(II) learning assets for the workforce, including the
findings and recommendations made in the report required
under paragraph (1);
(III) events to build awareness and understanding of
innovation activities;
(IV) award recognition programs and recent recipients; and
(V) upcoming plans to leverage innovative practices and
technologies.
(e) Experts.--In carrying out the duties of the Council
under this section, the Council is [encourage] encouraged to
consult with governmental and nongovernmental experts.
(f) Termination.--The duties of the Council as set forth in
this section shall terminate 30 days after the date on which
the Council conducts the briefing required under subsection
(d)(2).
Mr. HEINRICH. I further ask unanimous consent that the committee-
reported amendments be considered and agreed to; that the bill, as
amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendments were agreed to.
The bill (S. 583), as amended, was order to be engrossed for a third
reading, was read the third time, and passed, as follows
S. 583
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 ``Promoting Rigorous and
Innovative Cost Efficiencies for Federal Procurement and
Acquisitions Act of 2021'' or the ``PRICE Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small business participation in the Federal marketplace
is key to ensuring a strong industrial base;
(2) the Business Opportunity Development Reform Act of 1988
(Public Law 100-656) sets forth the requirement for the
President to establish Government-wide goals for procurement
contracts awarded to small businesses;
(3) each year, the Small Business Administration works with
each Federal agency to
[[Page S5192]]
set their respective contracting goals and publishes a
scorecard to ensure that the total of all Federal agency
goals meets the required targets for the Federal Government;
(4) the Department has received among the highest scorecard
letter grades 10 years in a row and is the largest Federal
agency to have such a track record;
(5) in virtually every segment of the economy of the United
States, including the homeland security community, there are
small businesses working to support the mission and playing a
critical role in delivering efficient and innovative
solutions to the acquisition needs of the Federal Government;
(6) the Procurement Innovation Lab of the Department--
(A) is aimed at experimenting with innovative acquisition
techniques across the Homeland Security Enterprise;
(B) provides a forum to test new ideas, share lessons
learned, and promote best practices;
(C) fosters cultural changes that promote innovation and
managed risk taking through a continuous cycle of testing,
obtaining feedback, sharing information, and retesting where
appropriate; and
(D) aims to make the acquisition process more smooth and
innovative within the construct of the Federal Acquisition
Regulation for both the Federal Government and contractors;
and
(7) despite progress in the adoption of new and better
business practices by many Federal agencies, the overall
adoption of modernized business practices and advanced
technologies across the Federal Government remains slow and
uneven.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator for Federal Procurement Policy.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Small Business and
Entrepreneurship of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Small Business of
the House of Representatives.
(3) Council.--The term ``Council'' means the Chief
Acquisition Officers Council established under section 1311
of title 41, United States Code.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Homeland security enterprise.--The term ``Homeland
Security Enterprise'' has the meaning given the term in
section 2211(h) of the Homeland Security Act of 2002 (6
U.S.C. 661(h)).
(6) Scorecard.--The term ``scorecard'' means the scorecard
described in section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Small business.--The term ``small business'' means--
(A) a qualified HUBZone small business concern, a small
business concern, a small business concern owned and
controlled by service-disabled veterans, or a small business
concern owned and controlled by women, as those terms are
defined in section 3 of the Small Business Act (15 U.S.C.
632);
(B) a small business concern owned and controlled by
socially and economically disadvantaged individuals, as
defined in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)); or
(C) a small business concern unconditionally owned by an
economically disadvantaged Indian tribe or an economically
disadvantaged Native Hawaiian organization that qualifies as
a socially and economically disadvantaged small business
concern, as defined in section 8(a)(4) of the Small Business
Act (15 U.S.C. 637(a)(4)).
(9) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Management of the Department.
SEC. 4. PROCUREMENT INNOVATION LAB REPORT.
(a) Report.--The Under Secretary shall publish an annual
report on a website of the Department on Procurement
Innovation Lab projects that have used innovative techniques
within the Department to accomplish--
(1) improving or encouraging better competition;
(2) reducing time to award;
(3) cost savings;
(4) better mission outcomes; or
(5) meeting the goals for contracts awarded to small
business concerns under section 15(g) of the Small Business
Act (15 U.S.C. 644(g)).
(b) Education.--The Under Secretary shall develop and
disseminate guidance and offer training for contracting
officers, contracting specialists, program managers, and
other personnel of the Department, as determined appropriate
by the Under Secretary, concerning when and how to use the
innovative procurement techniques of the Department.
(c) Best Practices.--The Under Secretary shall share best
practices across the Department and make available to other
Federal agencies information to improve procurement methods
and training, as determined appropriate by the Under
Secretary.
(d) Sunset.--This section shall cease to be effective on
the date that is 3 years after the date of enactment of this
Act.
SEC. 5. COUNCIL.
(a) Establishment.--Not later than 45 days after the date
of enactment of this Act, the Administrator shall convene the
Council to examine best practices for acquisition innovation
in contracting in the Federal Government, including small
business contracting in accordance with the goals established
under section 15(g) of the Small Business Act (15 U.S.C.
644(g)).
(b) Working Group.--The Council may form a working group to
address the requirements of this section, which, if formed,
shall--
(1) be chaired by the Administrator or a designee of the
Administrator; and
(2) be composed of--
(A) the Chief Procurement Officer of the Department;
(B) Council members from--
(i) the General Services Administration;
(ii) the Department of Defense;
(iii) the Department of the Treasury;
(iv) the Department of Veterans Affairs;
(v) the Department of Health and Human Services;
(vi) the Small Business Administration; and
(vii) such other Federal agencies as determined by the
chair of the Council from among Federal agencies that have
demonstrated significant, sustained progress using innovative
acquisition practices and technologies, including for small
business contracting, during each of the 3 years preceding
the date of enactment of this Act; and
(C) other employees, as determined appropriate by the chair
of the Council, of Federal agencies with the requisite senior
experience to make recommendations to improve Federal agency
efficiency, effectiveness, and economy, including in
promoting small business contracting.
(c) Duties of the Council.--The Council, or a working group
formed under subsection (b), shall--
(1) convene not later than 90 days after the date of
enactment of this Act and thereafter on a quarterly basis
until the Council submits the report required under
subsection (d)(1); and
(2) conduct outreach with the workforce and the public in
meeting the requirements under subsection (d)(1).
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Council shall submit to the
appropriate congressional committees a report that
describes--
(A) innovative acquisition practices and applications of
technologies that have worked well in achieving better
procurement outcomes, including increased efficiency,
improved program outcomes, better customer experience, and
meeting or exceeding the goals under section 15(g) of the
Small Business Act (15 U.S.C. 644(g)), and the reasons why
those practices have succeeded;
(B) steps to identify and adopt transformational commercial
business practices, modernized data analytics, and advanced
technologies that allow decision making to occur in a more
friction-free buying environment and improve customer
experience; and
(C) any recommendations for statutory changes to accelerate
the adoption of innovative acquisition practices.
(2) Briefing.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall brief the
appropriate congressional committees on the means by which
the findings and recommendations of the report have been
disseminated under paragraph (3).
(3) Publication and dissemination of report findings.--To
promote more rapid adoption of acquisition best practices,
the Administrator shall--
(A) publish the report required under paragraph (1) on the
website of the Office of Management and Budget and on the
Innovation Hub on the Acquisition Gateway or any successor
Government-wide site available for increasing awareness of
resources dedicated to procurement innovation; and
(B) encourage the head of each Federal agency to maintain a
site on the website of the Federal agency for acquisition and
contracting professionals, program managers, members of the
public, and others as appropriate that is--
(i) dedicated to acquisition innovation; and
(ii) identifies--
(I) resources, including the acquisition innovation
advocate and industry liaison of the Federal agency;
(II) learning assets for the workforce, including the
findings and recommendations made in the report required
under paragraph (1);
(III) events to build awareness and understanding of
innovation activities;
(IV) award recognition programs and recent recipients; and
(V) upcoming plans to leverage innovative practices and
technologies.
(e) Experts.--In carrying out the duties of the Council
under this section, the Council is encouraged to consult with
governmental and nongovernmental experts.
(f) Termination.--The duties of the Council as set forth in
this section shall terminate 30 days after the date on which
the Council conducts the briefing required under subsection
(d)(2).
____________________