[117th Congress Public Law 88]
[From the U.S. Government Publishing Office]
[[Page 19]]
PROMOTING RIGOROUS AND INNOVATIVE COST EFFICIENCIES FOR FEDERAL
PROCUREMENT AND ACQUISITIONS ACT OF 2021
[[Page 136 STAT. 20]]
Public Law 117-88
117th Congress
An Act
To promote innovative acquisition techniques and procurement strategies,
and for other purposes. <<NOTE: Feb. 22, 2022 - [S. 583]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Promoting
Rigorous and Innovative Cost Efficiencies for Federal Procurement and
Acquisitions Act of 2021. 41 USC 1101 note.>>
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
[[Page 136 STAT. 21]]
(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) <<NOTE: Web posting.>> 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;
[[Page 136 STAT. 22]]
(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) <<NOTE: Deadline. Examination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Time period.>> 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
[[Page 136 STAT. 23]]
(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) <<NOTE: Web posting.>> 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) <<NOTE: Consultation.>> Experts.--In carrying out the duties of
the Council under this section, the Council is encouraged to consult
with governmental and nongovernmental experts.
[[Page 136 STAT. 24]]
(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).
Approved February 22, 2022.
LEGISLATIVE HISTORY--S. 583:
---------------------------------------------------------------------------
SENATE REPORTS: No. 117-26 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 167 (2021):
July 29, considered and passed
Senate.
Vol. 168 (2022):
Feb. 1, 7, considered and passed
House.
<all>