[Congressional Record Volume 168, Number 20 (Tuesday, February 1, 2022)]
[House]
[Pages H315-H317]
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
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 583) to promote innovative acquisition techniques and
procurement strategies, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is 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 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
[[Page H316]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Wasserman Schultz) and the gentleman from Kansas (Mr.
LaTurner) each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 583, the Promoting Rigorous and
Innovative Cost Efficiencies for Federal Procurement and Acquisitions
Act, or the PRICE Act.
This bipartisan bill was introduced by Chairman Gary Peters of the
Committee on Homeland Security and Governmental Affairs, along with
Senators Ernst and Carper. I commend them for their bipartisan
leadership, as well as Joe Neguse for leading the House companion
bill.
Mr. Speaker, to meet its complex and critical missions in service of
the American people, the Federal Government must ensure that its
procurement practices make use of innovative approaches that maximize
the ingenuity and opportunity of American small business.
These small businesses are the backbone of the American economy and
the breeding ground for cutting edge solutions that can be
transformative in government operations. Recognizing that the
Department of Homeland Security has been a leader in small business
utilization, the PRICE Act requires it to publish an annual report on
the projects of its Procurement Innovation Lab.
Dedicated to improving the acquisition process within the construct
of the Federal Acquisition Regulation, the lab is a proving ground for
innovative ideas and a forum for developing and sharing lessons learned
and best practices.
Under the bill, the Department would be required to develop guidance
and training on innovative procurement techniques for contracting and
program management personnel, and to make these best practices
available to other Federal agencies.
The bill would also convene the Chief Acquisition Officers Council to
examine and report on best practices in acquisition innovation in
Federal contracting, including through small business engagement, which
is vital to keeping our industrial base strong and vibrant.
The report would include a review of the practices and technology
applications with the greatest success in improving program outcomes,
enhancing customer experience, and meeting the Federal Government's
small business contracting goals. These goals cannot be a check-the-box
exercise that provides opportunity to only a handful of companies.
Rather, they must be about opening the doors of Federal contracting to
as many small businesses as possible to expand our industrial base.
The PRICE Act will pave the way for more cohesive and widespread
adoption of modernized business practices and advanced technologies
across the Federal Government. It also has the power to advance the
goals of the Small Business Act by creating greater opportunity for
small businesses.
Mr. Speaker, for these reasons, I urge my colleagues to support this
bill, and I reserve the balance of my time.
Mr. LaTURNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Federal procurement and acquisition process is often
cumbersome, complex, and inefficient. Doing business with the Federal
Government is expensive and time-consuming. In fact, many commercial
vendors must hire staff who are responsible for understanding the
Federal acquisition regulatory requirements just so they can do
business with the government.
For small businesses with fewer resources, this is an even greater
challenge. In reality, most small businesses are struggling to survive
in the Biden economy, let alone trying to navigate complex procurement
processes and regulations.
The Department of Homeland Security's Procurement Innovation Lab has
issued reports stressing the need for innovative approaches to making
Federal procurement more effective and efficient. Thankfully, the PRICE
Act will help put those insights into action.
The PRICE Act requires DHS to develop department-wide guidance and
training to improve procurement methods. These procurement best
practices, which encourage reducing the time to award contracts,
achieving cost savings, and better serving agency mission outcomes will
be shared with other Federal agencies via a report.
Also under the PRICE Act, the Office of Management and Budget will
convene a working group within the Chief Acquisition Officers Council
to identify and disseminate government-wide best practices to modernize
Federal contracting. Such best practices will focus on better utilizing
small businesses, increasing procurement efficiency, improving program
outcomes, and achieving a better customer experience at agencies.
The working group will provide its recommendations to Congress, which
will help us identify and pursue smart procurement policy reforms. This
is critical to ensure our Nation's Federal agencies can efficiently
purchase the best products and services to serve the American people.
Mr. Speaker, this is not a Big Government bill. It is a big idea
bill. The PRICE Act does not mandate that the Government employ certain
approaches. Rather, through reporting requirements, it will equip
Federal agencies with innovative acquisition practices. It will develop
best practices to improve procurement methods across the government and
the PRICE Act will help small businesses conduct business within the
government.
This bill does not establish permanent programs or requirements but
simply requires key Federal entities to conduct careful study and
distribute the resulting recommendations government-wide and to
Congress.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation, and I yield back the balance of my time.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I urge passage of S. 583, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Wasserman Schultz) that the House suspend
the rules and pass the bill, S. 583.
The question was taken.
[[Page H317]]
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________