[Senate Report 116-315]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 618

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-315

======================================================================  

                   PROMOTING RIGOROUS AND INNOVATIVE

                     COST EFFICIENCIES FOR FEDERAL

                     PROCUREMENT AND ACQUISITIONS 
                              ACT OF 2019

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3038

            TO PROMOTE INNOVATIVE ACQUISITION TECHNIQUES AND
             PROCUREMENT STRATEGIES, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 14, 2020.--Ordered to be printed
               
                               __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------                
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
       Patrick J. Bailey, Chief Counsel for Governmental Affairs
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
              Michelle M. Benecke, Minority Senior Counsel
                     Laura W. Kilbride, Chief Clerk
                     
                     
                                                  Calendar No. 618

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-315

======================================================================                     
 
    PROMOTING RIGOROUS AND INNOVATIVE COST EFFICIENCIES FOR FEDERAL 
                PROCUREMENT AND ACQUISITIONS ACT OF 2019

                                _______
                                

               December 14, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3038]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3038), to promote 
innovative acquisition techniques and procurement strategies, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............3

                         I. PURPOSE AND SUMMARY

    The purpose of S. 3038, Promoting Rigorous and Innovative 
Cost Efficiencies for Federal Procurement and Acquisitions Act 
of 2019, or the PRICE Act of 2019, is to encourage innovation 
in Federal procurement. The PRICE Act encourages reform by 
identifying and promoting best practices to modernize how the 
Federal Government operates, including with regard to small 
business participation in the Federal marketplace. S. 3038 does 
this by requiring the Department of Homeland Security (DHS) to 
develop guidance and training to improve procurement methods 
based on the experience of its Procurement Innovation Lab 
(PIL). Additionally, S. 3038 requires the Administrator of the 
Office of Federal Procurement Policy (OFPP) to convene the 
Chief Acquisition Officers Council (CAO Council) to identify 
and widely disseminate best practices in modernizing Federal 
contracting, including utilizing small businesses.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    The PIL is housed in the DHS Office of the Chief 
Procurement Officer.\1\ The PIL's mission is to ``foster a 
culture of procurement excellence where smart risk-taking and 
innovation assure DHS mission success.''\2\ The overall 
objectives of the PIL are ``lowering barriers to entry for 
small businesses and non-traditional vendors, encouraging 
competition, shortening time to award, and increasing the 
likelihood of successful outcomes under contract 
performance.''\3\ In 2019, the PIL supported all nine of the 
DHS components, issuing awards for 52 projects.\4\ It also 
conducted webinars to spread best practices, conducting 49 
webinars for 10,105 attendees in 2019.\5\ The PIL has been 
invited to conduct training events for OFPP and other agencies, 
as well as DHS components.\6\
---------------------------------------------------------------------------
    \1\Procurement Innovation Lab, Fiscal Year 2019 Yearbook: Coaching 
Innovation, July 9, 2020, available at https://beta.sam.gov/api/prod/
opps/v3/opportunities/resources/files/0d6c4363097c4a98 
941f68a5d9ab3544/download?api--key=null&token=.
    \2\Id. at 2.
    \3\Id. at 5.
    \4\Id. at 9.
    \5\Id. at 10.
    \6\Jason Miller, How DHS' innovation lab is helping other offices 
get into shape, Federal News Network (Sept. 18, 2018), available at 
https://federalnewsnetwork.com/acquisition-policy/2018/09/how-dhs-
innovation-lab-is-helping-other-acquisition-offices-get-into-shape/.
---------------------------------------------------------------------------
    In order to further improve the PIL's ability to 
communicate procurement best practices through the Federal 
Government, and to improve utilization of acquisition 
innovation best practices generally, the PRICE Act requires the 
PIL to issue an annual report on its business projects and 
encourages dissemination of acquisition best practices--
including those practices that improve the utilization of small 
businesses.
    The PRICE Act also requires that the Administrator of the 
OFPP convene the CAO Council to identify best practices for 
modernizing Federal contracting and disseminate that 
information across the Federal Government--again, making sure 
that small business contracting is included. The CAO Council, 
or a working group of the council, is required to report to 
Congress within one year and provide briefings on its methods 
to share innovative practices. Providing concrete examples of 
success and sharing best practices government-wide will give 
the acquisition workforce much needed practical support to 
improve the procurement process.

                        III. LEGISLATIVE HISTORY

    S. 3038 was introduced on December 12, 2019, by Senators 
Gary Peters (D-MI), and Joni Ernst (R-IA). The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs. Senators Michael Enzi (R-MT) and Thomas Carper (D-DE) 
later joined as co-sponsors.
    The Committee considered S. 3038 at a business meeting on 
July 22, 2020. The legislation passed by voice vote en bloc 
with Senators Johnson, Portman, Paul, Lankford, Romney, Scott, 
Enzi, Hawley, Peters, Carper, Hassan, Harris, and Rosen 
present.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short Title.

    This section establishes the short title of the bill as the 
``Promoting Rigorous and Innovative Cost Efficiencies for 
Federal Procurement and Acquisitions Act of 2019'' or the 
``PRICE Act of 2019.''

Section 2. Findings.

    This section contains findings regarding DHS and its 
procurement operations. These findings include that small 
business participation in the Federal marketplace is not only 
important economically, it is also required by law. Over the 
past ten years, DHS has received top ratings for small business 
utilization.

Section 3. Definitions.

    This subsection establishes the definitions of terms used 
in this bill.

Section 4. Procurement Innovation Lab Report.

    This section requires the PIL to issue an annual report and 
describes the contents of that report. This section also 
requires the DHS Under Secretary for Management to develop 
guidance and offer training to contracting personnel, and share 
any best practices found. This section also sunsets the report 
three years after enactment.

Section 5. Council.

    This section requires the CAO Council to convene within 45 
days to examine best practices in acquisition innovation, 
including small business contracting, and disseminate this 
information. It permits, but does not require, a working group 
on these topics. The working group, or the CAO Council as a 
whole, is required to examine acquisition innovation, report to 
Congress, and brief Congressional staff. These duties terminate 
30 days after the staff briefings.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATES

    CBO failed to provide the Committee with a cost estimate in 
time for the final reporting deadline of the 116th Congress.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Because S. 3038 would not repeal or amend any provision of 
current law, it would make no changes in existing law within 
the meaning of clauses (a) and (b) of paragraph 12 of rule XXVI 
of the Standing Rules of the Senate.

                                  [all]