H.Amdt. 1054House110th Congress (2007-2009)

An amendment numbered 15 printed in House Report 110-666 to (1) require agencies to enhance competition in contracting; (2) limit the use of abuse-prone contracts; (3) rebuild the federal acquisition workforce; (4) strengthen anti-fraud measures; and (5) increase transparency in federal contracting.

What it does: Adds DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS at the end of the bill
Submitted May 22, 2008

Description

Amendment to (1) require agencies to enhance competition in contracting; (2) limit the use of abuse-prone contracts; (3) rebuild the federal acquisition workforce; (4) strengthen anti-fraud measures; and (5) increase transparency in federal contracting.

What it changes

1 change to H.R. 5658

Adds a section

We couldn't match these changes to the text of H.R. 5658, so they're shown as written.

  1. Adds DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS at the end of the bill

    Adds a section

    Inserted: DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS

    Inserted: Sec. 4001. Short title.

    Inserted: TITLE XLI--ENHANCED COMPETITION

    Inserted: Sec. 4101. Minimizing sole-source contracts.

    Inserted: Sec. 4102. Limitation on length of certain noncompetitive contracts.

    Inserted: Sec. 4103. Requirement for purchase of property and services pursuant to multiple award contracts.

    Inserted: TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

    Inserted: Sec. 4201. Regulations to minimize the inappropriate use of cost-reimbursement contracts.

    Inserted: Sec. 4202. Preventing abuse of interagency contracts.

    Inserted: Sec. 4203. Prohibitions on the use of lead systems integrators.

    Inserted: Sec. 4204. Regulations on excessive pass-through charges.

    Inserted: Sec. 4205. Linking of award and incentive fees to acquisition outcomes.

    Show 330 more inserted paragraphs

    Inserted: Sec. 4206. Minimizing abuse of commercial services item authority.

    Inserted: TITLE XLIII--ACQUISITION WORKFORCE

    Inserted: Sec. 4301. Acquisition workforce development fund.

    Inserted: Sec. 4302. Contingency contracting corps.

    Inserted: TITLE XLIV--ANTI-FRAUD PROVISIONS

    Inserted: Sec. 4401. Protection for contractor employees from reprisal for disclosure of certain information.

    Inserted: Sec. 4402. Mandatory Fraud Reporting.

    Inserted: Sec. 4403. Access of General Accounting Office to Contractor Employees.

    Inserted: Sec. 4404. Preventing conflicts of interest.

    Inserted: TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

    Inserted: Sec. 4501. Disclosure of CEO salaries.

    Inserted: Sec. 4502. Database for contracting officers and suspension and debarment officials.

    Inserted: Sec. 4503. Review of database.

    Inserted: Sec. 4504. Disclosure in applications.

    Inserted: Sec. 4505. Role of interagency committee.

    Inserted: Sec. 4506. Authorization of independent agencies.

    Inserted: Sec. 4507. Authorization of appropriations.

    Inserted: Sec. 4508. Report to Congress.

    Inserted: Sec. 4509. Improvements to the Federal procurement data system.

    Inserted: SEC. 4001. SHORT TITLE.

    Inserted: This division may be cited as the "Clean Contracting Act of 2008".

    Inserted: TITLE XLI--ENHANCED COMPETITION

    Inserted: SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS.

    Inserted: (a) Plans Required.--Subject to subsection (c), the head of each executive agency covered by title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or, in the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop and implement a plan to minimize, to the maximum extent practicable, the use of contracts entered into using procedures other than competitive procedures by the agency or department concerned. The plan shall contain measurable goals and shall be completed and submitted to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives, with a copy provided to the Comptroller General, not later than 1 year after the date of the enactment of this Act.

    Inserted: (b) Comptroller General Review.--The Comptroller General shall review the plans provided under subsection (a) and submit a report to Congress on the plans not later than 18 months after the date of the enactment of this Act.

    Inserted: (c) Requirement Limited to Certain Agencies.--The requirement of subsection (a) shall apply only to those agencies that awarded contracts in a total amount of at least $1,000,000,000 in the fiscal year preceding the fiscal year in which the report is submitted.

    Inserted: (d) Certain Contracts Excluded.--The contracts entered into under the authority of the Small Business Act shall not be included in the plans developed and implemented under subsection (a), except contracts that are awarded pursuant to section 602 of Public Law 100-656 (as amended by section 22 of Public Law 101-37 (103 Stat. 75), section 2 of title V of Public Law 101-515 (104 Stat. 2140), section 205 of Public Law 101-574 (104 Stat. 2819), and section 608 of Public Law 103-403 (108 Stat. 4204)).

    Inserted: SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

    Inserted: (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:

    Inserted: "(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)--

    Inserted: "(i) may not exceed the time necessary--

    Inserted: "(I) to meet the unusual and compelling requirements of the work to be performed under the contract; and

    Inserted: "(II) for the executive agency to enter into another contract for the required goods or services through the use of competitive procedures; and

    Inserted: "(ii) may not exceed 270 days unless the head of the executive agency entering into such contract determines that exceptional circumstances apply.

    Inserted: "(B) This paragraph applies to any contract in an amount greater than $1,000,000.".

    Inserted: (b) Defense Contracts.--Section 2304(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

    Inserted: "(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)--

    Inserted: "(i) may not exceed the time necessary--

    Inserted: "(I) to meet the unusual and compelling requirements of the work to be performed under the contract; and

    Inserted: "(II) for the agency to enter into another contract for the required goods or services through the use of competitive procedures; and

    Inserted: "(ii) may not exceed 270 days unless the head of the agency entering into such contract determines that exceptional circumstances apply.

    Inserted: "(B) This paragraph applies to any contract in an amount greater than $1,000,000.".

    Inserted: SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS.

    Inserted: (a) Regulations Required.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts.

    Inserted: (b) Content of Regulations.--

    Inserted: (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--

    Inserted: (A) waives the requirement on the basis of a determination that--

    Inserted: (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

    Inserted: (ii) a law expressly authorizes or requires that the purchase be made from a specified source; and

    Inserted: (B) justifies the determination in writing.

    Inserted: (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--

    Inserted: (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

    Inserted: (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.

    Inserted: (3) Exception to notice requirement.--

    Inserted: (A) In general.--Notwithstanding paragraph (2), 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) if notice is provided to as many contractors as practicable.

    Inserted: (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--

    Inserted: (i) offers were received from at least 3 qualified contractors; or

    Inserted: (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.

    Inserted: (c) Public Notice Requirements Related to Sole Source Task or Delivery Orders.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require the head of each executive agency to publish on--

    Inserted: (1) FedBizOpps notice of all sole source task or delivery orders in excess of the simplified acquisition threshold that are placed against multiple award contracts not later than 14 days after such orders are placed, except in the event of extraordinary circumstances or classified orders; and

    Inserted: (2) the website of the agency and through a Governmentwide website selected by the Administrator for Federal Procurement Policy the determinations required by (b)(1)(B) related to sole source task or delivery orders placed against multiple award contracts not later than 14 days after such orders are placed, except in the event of extraordinary circumstances or classified orders.

    Inserted: (3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.

    Inserted: (d) Definitions.--In this section:

    Inserted: (1) The term "individual purchase" means a task order, delivery order, or other purchase.

    Inserted: (2) The term "multiple award contract" means--

    Inserted: (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;

    Inserted: (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

    Inserted: (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.

    Inserted: (3) The term "sole source task or delivery order" means any order that does not follow the competitive base procedures in paragraphs (b)(2) or (b)(3).

    Inserted: (e) Applicability.--The regulations required by subsection (a) 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.

    Inserted: TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

    Inserted: SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPROPRIATE USE OF COST-REIMBURSEMENT CONTRACTS.

    Inserted: (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to minimize the inappropriate use of cost-reimbursement contracts and to ensure the proper use of such contracts.

    Inserted: (b) Content.--The regulations required under subsection (a) shall--

    Inserted: (1) identify, at a minimum--

    Inserted: (A) the circumstances under which cost reimbursement contracts or task or delivery orders are appropriate;

    Inserted: (B) the acquisition plan facts necessary to support a decision to use cost reimbursement contracts;

    Inserted: (C) the acquisition workforce resources necessary to award and manage cost reimbursement contracts; and

    Inserted: (2) establish a requirement for each executive agency to--

    Inserted: (A) annually assess its use of cost-reimbursement contracts;

    Inserted: (B) establish and implement metrics to measure progress toward minimizing any inappropriate use of cost-reimbursement contracts identified during the assessment process; and

    Inserted: (C) prepare and submit an annual report to the Office of Management and Budget assessing progress in meeting the metrics established in (B).

    Inserted: (c) Comptroller General Evaluations.--Within one year of the completion of the first annual reports required by subsection (b)(2)(C), the Comptroller General shall review the progress of agencies in implementing the regulations required by (a).

    Inserted: (d) Report.--Subject to subsection (f), the Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subparagraph (e) and the Comptroller General on the use of cost-reimbursement contracts and task or delivery orders by all Federal agencies, including the Department of Defense. The report shall be submitted no later than March 1 and will cover the fiscal year ending September 30 of the prior year. The report shall include--

    Inserted: (1) the total number and value of contracts awarded and orders issued during the covered fiscal year;

    Inserted: (2) the number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year;

    Inserted: (3) a list of contracts and task and delivery orders identified in subparagraph (2) exceeding ten million dollars ($10,000,000), whose period of performance, including options, exceeded three years; the reasons why such contracts or orders could not be priced or converted to a fixed-price basis; and the actions being taken by the agency to do so;

    Inserted: (4) a certification by the contracting agency that for each contract identified in subparagraph (3) that an appropriate number of trained acquisition personnel, consistent with the complexity and risk associated with the contract or order, have been assigned to provide oversight of the contractor's performance; and

    Inserted: (5) a description of each agency's actions to assure the appropriate use of cost-reimbursement contracts.

    Inserted: (e) Congressional Committees Defined.--The report required by subsection (d) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committees on Appropriations of the House of Representatives and the Senate; and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.

    Inserted: (f) Requirements Limited to Certain Agencies.--The requirements of subsections (b) and (d) shall apply only to those agencies that awarded contracts and issued orders in a total amount of at least $1,000,000,000 in the fiscal year proceeding the fiscal year in which the assessments and reports are submitted.

    Inserted: SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

    Inserted: (a) Office of Management and Budget Policy Guidance.--

    Inserted: (1) Report and guidelines.--Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall--

    Inserted: (A) submit to Congress a comprehensive report on interagency acquisitions, including their frequency of use, management controls, cost-effectiveness, and savings generated; and

    Inserted: (B) issue guidelines to assist the heads of executive agencies in improving the management of interagency acquisitions.

    Inserted: (2) Matters covered by guidelines.--For purposes of paragraph (1)(B), the Director shall include guidelines on the following matters:

    Inserted: (A) Procedures for the use of interagency acquisitions to maximize competition, deliver best value to executive agencies, and minimize waste, fraud, and abuse.

    Inserted: (B) Categories of contracting inappropriate for interagency acquisition, due to high risk of waste, fraud, or abuse.

    Inserted: (C) Requirements for training acquisition workforce personnel in the proper use of interagency acquisitions.

    Inserted: (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 interagency acquisitions--

    Inserted: (1) include a written agreement between the requesting agency and the servicing agency assigning responsibility for the administration and management of the contract;

    Inserted: (2) include a determination that an interagency acquisition is the best procurement alternative; and

    Inserted: (3) include sufficient documentation to ensure an adequate audit.

    Inserted: (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).

    Inserted: (d) Definitions.--In this section:

    Inserted: (1) The term "executive agency" has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

    Inserted: (2) The term "head of executive agency" means the head of an executive agency except that, in the case of a military department, the term means the Secretary of Defense.

    Inserted: (3) The term "interagency 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", Federal Supply Schedules above $500,000, and Governmentwide acquisition contracts.

    Inserted: SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS.

    Inserted: (a) Prohibition on New Lead Systems Integrators.--(1) Effective October 1, 2010, the head of an executive agency may not award a new contract for lead systems integrator functions in the acquisition of a major system.

    Inserted: (2) Prohibition on Lead Systems Integrators Beyond Demonstration Level Phase.--Effective on the date of the enactment of this Act, an executive agency may award a new contract for lead systems integrator functions in the acquisition of a major system only if--

    Inserted: (A) the contract for the major system does not proceed beyond the demonstration phase-level; or

    Inserted: (B) the head of the agency determines in writing that it would not be practicable to carry out acquisition without continuing to use a contractor to perform lead systems integrator functions and that doing so is in the best interest of the agency.

    Inserted: (3) Requirements Relating to Determinations.--A determination under paragraph (2)(A)--

    Inserted: (A) shall specify the reasons why it would not be practicable to carry out the acquisition continuing to use a contractor to perform lead integrator functions (including a discussion of alternatives, such as the use of the agency workforce, or a system engineering and technical assistance contractor);

    Inserted: (B) shall include a plan for phasing out the use of contracted lead systems integrator functions over the shortest period of time consistent with the interest of the government;

    Inserted: (C) may not be delegated below the level of the Chief Acquisition Officer; and

    Inserted: (D) shall be provided to the Committee on Oversight and Government Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate at least 45 days before the award of a contract pursuant to the determination.

    Inserted: (b) Acquisition Workforce.--

    Inserted: (1) Requirement.--The head of an executive agency shall ensure that the acquisition workforce is of the appropriate size and skill level necessary--

    Inserted: (A) to accomplish inherently governmental functions related to acquisition of major systems; and

    Inserted: (B) to effectuate the purpose of subsection (a) to minimize and eventually eliminate the use of contractors to perform lead systems integrator functions.

    Inserted: (2) Report.--The head of the agency shall annually include an update on the progress made in complying with paragraph (1) in the agency's Performance and Accountability Report.

    Inserted: (c) Exception for Contracts for Other Management Services.--The head of an executive agency may continue to award contracts for the procurement of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, if the following conditions are met with respect to each such contract:

    Inserted: (1) The contract prohibits the contractor from performing inherently governmental functions.

    Inserted: (2) The head of the agency responsible for the development or production of the major system ensures that Federal employees are responsible for determining courses of action to be taken in the best interest of the government.

    Inserted: (3) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.

    Inserted: (d) Definitions.--In this section:

    Inserted: (1) Lead systems integrator.--The term "lead systems integrator" means--

    Inserted: (A) a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems; or

    Inserted: (B) a prime contractor under a contract for procurement of services the primary purpose of which to perform acquisition functions closely associated with inherently governmental functions with respect to the development or production of a major system.

    Inserted: (2) Major system.--The term "major system" has the meaning given such term in section 2302d of title 10, United States Code.

    Inserted: (3) Demonstration phase level.--For purposes of this section, the term "demonstration phase level" means--

    Inserted: (A) work performed prior to first article testing and approval (as defined in part 9.3 of the Federal Acquisition Regulation; or

    Inserted: (B) a level comparable to the level identified in subparagraph (A) which the FAR Council determines, by regulation, after consideration of the definition of low-rate initial production (as defined in section 2400 of title 10, United States Code.

    Inserted: (e) Inapplicability to Department of Defense.--This section does not apply to the Department of Defense.

    Inserted: SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES.

    Inserted: (a) Regulations Required.--

    Inserted: (1) Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be amended ensure that excessive pass-through charges on contracts or (or task or delivery orders) are not paid by the Federal Government.

    Inserted: (2) Scope of regulations.--The regulations prescribed under this subsection--

    Inserted: (A) shall not apply to any firm, fixed-price contract or subcontract (or task or delivery order) that is--

    Inserted: (i) awarded on the basis of adequate price competition; or

    Inserted: (ii) for the acquisition of a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and

    Inserted: (B) may include such additional exceptions as the Federal Acquisition Regulation Council determines to be necessary in the interest of the government.

    Inserted: (3) Definition.--In this section, the term "excessive pass-through charge" means a charge to the Government by the contractor or subcontractor that is for overhead or profit on work performed by a lower-tier contractor or subcontractor (other than charges for the direct costs of managing lower-tier contracts and subcontracts and overhead and profit based on such direct costs) and for which the contractor or subcontractor adds no, or negligible, value to a contract or subcontract.

    Inserted: (b) Inapplicability to Department of Defense.--This section does not apply to the Department of Defense.

    Inserted: SEC. 4205. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.

    Inserted: (a) Guidance on Linking of Award and Incentive Fees to Acquisition Outcomes.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to provide executive agencies with instructions, including definitions, on the appropriate use of award and incentive fees in Federal acquisition programs.

    Inserted: (b) Elements.--The regulations under subsection (a) shall--

    Inserted: (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);

    Inserted: (2) establish standards for identifying the appropriate level of officials authorized to approve the use of award and incentive fees in new contracts;

    Inserted: (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;

    Inserted: (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";

    Inserted: (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;

    Inserted: (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;

    Inserted: (7) ensure consistent use of guidelines and definitions relating to award and incentive fees across the Federal Government;

    Inserted: (8) ensure that each executive agency--

    Inserted: (A) collects relevant data on award and incentive fees paid to contractors; and

    Inserted: (B) has mechanisms in place to evaluate such data on a regular basis;

    Inserted: (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

    Inserted: (10) provide mechanisms for sharing proven incentive strategies for the acquisition of different types of products and services among contracting and program management officials.

    Inserted: SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

    Inserted: (a) Regulations Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended for the procurement of commercial services.

    Inserted: (b) Applicability of Commercial Procedures.--

    Inserted: (1) Services of a type sold in marketplace.--The regulations modified pursuant to subsection (a) shall ensure that services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, may be treated as commercial items for purposes of section 254b of title 41, United States Code (relating to truth in negotiations), only if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such services.

    Inserted: (2) Information submitted.--To the extent necessary to make a determination under paragraph (1), the contracting officer may request the offeror to submit--

    Inserted: (A) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers; and

    Inserted: (B) if the contracting officer determines that the information described in subparagraph (A) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates.

    Inserted: (c) Time-and-Materials Contracts.--

    Inserted: (1) Commercial item acquisitions.--The regulations pursuant to subsection (a) shall ensure that procedures applicable to time-and-materials contracts and labor-hour contracts for commercial item acquisitions may be used only for the following:

    Inserted: (A) Services procured for support of a commercial item, as described in section 4(12)(E) of the Office Federal Procurement Policy Act (41 U.S.C. 403(12)(E)).

    Inserted: (B) Emergency repair services.

    Inserted: (C) Any other commercial services only to the extent that the head of the agency concerned approves a determination in writing by the contracting officer that--

    Inserted: (i) the services to be acquired are commercial services as defined in section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F));

    Inserted: (ii) if the services to be acquired are subject to subsection (b), the offeror of the services has submitted sufficient information in accordance with that subsection;

    Inserted: (iii) such services are commonly sold to the general public through use of time-and-materials or labor-hour contracts; and

    Inserted: (iv) the use of a time-and-materials or labor-hour contract type is in the best interest of the Government.

    Inserted: (2) Non-commercial item acquisitions.--Nothing in this subsection shall be construed to preclude the use of procedures applicable to time-and-materials contracts and labor-hour contracts for non-commercial item acquisitions for the acquisition of any category of services.

    Inserted: TITLE XLIII--ACQUISITION WORKFORCE

    Inserted: SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT FUND.

    Inserted: (a) Purpose.--The purpose of this section is to ensure that there are resources available to recruit, hire, educate, train and retain members of the Federal acquisition workforce with the requisite competencies and skills to ensure that the government receives best value property and services in its acquisitions.

    Inserted: (b) Establishment of Fund.--Title III of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 101, et seq) is amended by adding at the end the following new section:

    Inserted: "SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT FUND.

    Inserted: "(a) The Administrator of General Services shall establish an acquisition workforce development fund.

    Inserted: "(1) The Administrator shall manage the fund through the Federal Acquisition Institute to recruit, hire, educate, train and retain members of the acquisition workforce of the executive agencies other than the Department of Defense.

    Inserted: "(2) The Administrator, in consultation with the Administrator for Federal Procurement Policy and the Chief Acquisition Officers or Senior Procurement Executives, as appropriate, of the executive agencies, other than the Department of Defense, shall issue detailed guidance for the administration and use of the Fund. Such guidance shall include provisions--

    Inserted: "(A) requiring agencies to identify members of their acquisition workforce consistent with section 433(i) of title 41.

    Inserted: "(B) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including--

    Inserted: "(i) changes to the types of skills needed;

    Inserted: "(ii) incentives to retain qualified, experienced personnel; and

    Inserted: "(iii) incentives for attracting new, high-quality personnel;

    Inserted: "(C) describing the manner and timing for applications for amounts in the Fund to be submitted;

    Inserted: "(D) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Fund in any fiscal year; and

    Inserted: "(E) describing measurable objectives of performance for determining whether amounts in the Fund are being used in compliance with this section.

    Inserted: "(3) The Director of the Office of Management and Budget shall be the approving official for any disbursements from the Fund.

    Inserted: "(4) The costs of administering the fund, including the direct and indirect costs of those employees, not to exceed 5 percent per annum, shall be paid out of the fund.

    Inserted: "(5) Amounts in the fund may not be used to pay the base salary of any full-time equivalent position currently filled as of date of enactment of the Clean Contracting Act of 2008.

    Inserted: "(b) There shall be credited to the acquisition workforce development fund the following percentages of the value of funds expended by executive agencies for service contracts, other than services relating to research and development and services relating to construction:

    Inserted: "(1) for fiscal year 2009, 0.5 percent.

    Inserted: "(2) for fiscal year 2010, 1 percent.

    Inserted: "(3) for fiscal year 2011, 1.5 percent.

    Inserted: "(4) for any fiscal year after fiscal year 2011, 2 percent.

    Inserted: "(c) The Director of the Office and Management and Budget may reduce the amount to be credited upon a determination that the funds being credited are excess to the needs of the acquisition workforce development fund. In no event shall the Director of the Office of Management Budget reduce the percentage for any fiscal year below a percentage that results in the deposit in a fiscal year of an amount equal to the following

    Inserted: "(1) for fiscal year 2009, 75,000,000.

    Inserted: "(2) for fiscal year 2010, 100,000,000.

    Inserted: "(3) for fiscal year 2011, 125,000,000.

    Inserted: "(4) for an fiscal year after 2011, 150,000,000.

    Inserted: "(d) Not later than 30 days after the end of fiscal year 2008, and 30 days after the end of each fiscal year quarter thereafter, the head of each executive agency shall remit to the General Services Administration the amount required to be credited to the fund with respect to the contracts, leases, task and delivery order described in subsection (b).

    Inserted: "(e) The Administrator of General Services, through the Office of the Chief Acquisition Officer, shall ensure that funds collected under this section are not used for any purposes other than the purposes specified in subsection (a).

    Inserted: "(f) Amounts credited to the fund shall be in addition to funds requested and appropriated for salaries, benefits, education and training for all current acquisition workforce members.

    Inserted: "(g) Amounts credited to the fund shall remain available until expended.

    Inserted: "(h) Not later than 60 days after the end of each fiscal year beginning with fiscal year 2008, the Administrator of General Services shall submit to the congressional committees identified in subsection (i) a report on the operation of the fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

    Inserted: "(1) A statement of the amounts remitted to the Administrator for crediting to the Fund for such fiscal year by each executive agency and a statement of the amounts credited to the Fund.

    Inserted: "(2) A description of the expenditures made from the Fund, including the purpose of such expenditures.

    Inserted: "(3) A description and assessment of improvements in the Federal acquisition workforce resulting from such expenditures, including the extent to which the fund has been used to increase the number of individuals in the acquisition workforce relative to the number of individuals in the acquisition workforce as of the date of enactment.

    Inserted: "(4) Recommendations for additional authorities to fulfill the purpose of the Fund.

    Inserted: "(5) A statement of the balance remaining in the Fund at the end of such fiscal year.

    Inserted: "(i) The report required by subsection (h) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committees on Appropriations of the House of Representatives and the Senate.

    Inserted: "(j) No expired balances appropriated prior to the date of the enactment of the Clean Contracting Act of 2008 may be used to make any payment to the Acquisition Workforce Development Fund.".

    Inserted: (c) Exception.--This section and the amendments made by this section shall not apply to the acquisition workforce of the Department of Defense.

    Inserted: SEC. 4302. CONTINGENCY CONTRACTING CORPS.

    Inserted: The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by section 102, is further amended by adding at the end the following new section:

    Inserted: "SEC. 44. CONTINGENCY CONTRACTING CORPS.

    Inserted: "(a) Establishment.--The Administrator of General Services in consultation with the Director of the Office of Management and Budget, the Secretary of Defense and the Secretary of Homeland Security, shall establish a Governmentwide Contingency Contracting Corps (in this section, referred to as the 'Corps'). The members of the Corps shall be available for deployment in responding to an emergency or major disaster, or a contingency operation, within or outside the continental United States.

    Inserted: "(b) Applicability.--The authorities provided in this section apply with respect to any procurement of property or services by or for an executive agency that, as determined by the head of such executive agency, are to be used--

    Inserted: "(1) in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code; or

    Inserted: "(2) to respond to an emergency or major disaster as defined in section 5122 of title 41, United States Code.

    Inserted: "(c) Membership.--Membership in the Corps shall be voluntary and open to all Federal employees and uniformed members of the Armed Services, who are currently members of the Federal acquisition workforce. As a condition precedent to membership in the Corps, each volunteer will execute a mobility agreement consistent with the provisions included in sections 3371 through 3375 of title 5, United States Code.

    Inserted: "(d) Education and Training.--The Director of the Federal Acquisition Institute, in consultation with the Chief Acquisition Officers Council shall establish educational and training requirements for members of the Corps, and shall pay for these additional requirements from funds available in the acquisition workforce development fund or the Department of Defense Acquisition Workforce Development Fund.

    Inserted: "(e) Clothing and Equipment.--The Administrator shall identify any necessary clothing and equipment requirements, and shall pay for this clothing and equipment from funds available in the acquisition workforce development fund or the Department of Defense Acquisition Workforce Development Fund.

    Inserted: "(f) Salary.--The salaries for members of the Corps shall be paid by their parent agencies out of funds available.

    Inserted: "(g) Authority To Deploy the Corps.--The Director of the Office of Management and Budget 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.

    Inserted: "(h) Annual Report.--

    Inserted: "(1) In general.--The Administrator of General Services 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 as of September 30 of each fiscal year.

    Inserted: "(2) Content.--At a minimum, each report under paragraph (1) shall include the number of members of the Contingency Contracting Corps, the total cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.".

    Inserted: TITLE XLIV--ANTI-FRAUD PROVISIONS

    Inserted: SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.

    Inserted: (a) Increased Protection From Reprisal.--Subsection (a) of section 315 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 265(a), is amended--

    Inserted: (1) by striking "disclosing to a Member of Congress" and inserting "disclosing to a Member of Congress, a representative of a committee of Congress, an Inspector General, the Government Accountability Office, an employee of an executive agency responsible for contract oversight or management,"; and

    Inserted: (2) by striking "information relating to a substantial violation of law related to a contract (including the competition for or negotiation of a contract)" and inserting "information that the employee reasonably believes is evidence of gross mismanagement of an executive agency contract or grant, a gross waste of executive agency funds, a substantial and specific danger to public health or safety, or a violation of law related to an executive agency contract (including the competition for or negotiation of a contract) or grant".

    Inserted: (b) Clarification of Inspector General Determination.--Subsection (b) of such section is amended--

    Inserted: (1) by inserting "(1)" after "Investigation of Complaints.--" and

    Inserted: (2) by adding at the end the following new paragraph:

    Inserted: "(2)(A) Except as provided under subparagraph (B), the Inspector General shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 180 days after receiving the complaint.

    Inserted: "(B) If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified in subparagraph (A) and the person submitting the complaint agrees to an extension of time, the Inspector General shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the Inspector General and the person submitting the complaint.".

    Inserted: (c) Acceleration of Schedule for Denying Relief or Providing Remedy.--Subsection (c) of such section is amended in paragraph (1), by striking "If the head of an executive agency determines that a contractor has subjected a person to a reprisal prohibited by subsection (a), the head of the agency may" and inserting after "(1)" the following: "Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of an executive agency concerned shall determine whether there is sufficient basis to conclude that the contractor concerned has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall".

    Inserted: (d) Definitions.--Subsection (e) of such section is amended in paragraph (2), by inserting "or a grant" after "a contract".

    Inserted: SEC. 4402. MANDATORY FRAUD REPORTING.

    Inserted: (a) Amendment of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be amended within 180 days after the date of the enactment of this Act pursuant to FAR Case 2007-006 (as published at 72 Fed Reg. 64019, November 14, 2007) or any follow-on FAR case to include provisions that require timely notification by Federal contractors of violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial items.

    Inserted: (b) Covered Contract Defined.--In this section, the term "covered contract" means any contract in an amount greater than $5,000,000 and more than 120 days in duration.

    Inserted: SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO CONTRACTOR EMPLOYEES.

    Inserted: (a) Civilian Agencies.--Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in subsection (c)(1) by inserting after "records" ",or interview any employee,".

    Inserted: (b) Defense Agencies.--Section 2313 of title 10, United States Code, is amended in subsection (c)(1) by inserting after "records" ", or interview any employee,".

    Inserted: SEC. 4404. PREVENTING CONFLICTS OF INTEREST.

    Inserted: (a) Organizational Conflicts of Interest.--Not later than 12 months after the date of the enactment of this Act, the Administrator of the Office of Federal Procurement Policy shall review the Federal Acquisition Regulation to determine whether it contains sufficiently rigorous, comprehensive, and uniform Governmentwide policies to prevent and mitigate organizational conflicts of interest in Federal contracting. In reviewing such regulations, the Administrator and the Federal Acquisition Regulatory Council, in consultation with the Office of Government Ethics, shall, at a minimum, make appropriate revisions to the regulations to--

    Inserted: (1) establish 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;

    Inserted: (2) address conflicts that may arise in the context of developing requirements and statements of work, the selection process, and contract administration;

    Inserted: (3) ensure 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; and

    Inserted: (4) ensure that any policies or clauses developed address conflicts of interest that may arise from financial interests, unfair competitive advantages, and impaired objectivity.

    Inserted: (b) Personal Conflicts of Interest.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to establish uniform, Governmentwide policies to prevent personal conflicts of interest by contractor employees in Federal contracting. In developing such regulations, the Federal Acquisition Regulatory Council, in consultation with the Office of Government Ethics, shall, at a minimum--

    Inserted: (1) develop a standard contractor employee personal conflicts of interest clause or a set of standard clauses for inclusion in solicitations and contracts that set forth the contractor's responsibility to ensure that employees who are performing contracted services for the Federal Government are free of personal conflicts of interest;

    Inserted: (2) identify the contracting methods, types and services that raise heightened concerns for potential conflicts of interest; and

    Inserted: (3) establish specified principles, examples, a definition of personal conflicts of interest relevant to contractor employees working on Federal Government contracts, specific prohibitions, and where applicable, greater disclosure for certain contractor employees, that will accomplish the end objective of ethical behavior.

    Inserted: (c) Best Practices.--The Administrator of the Office of Federal Procurement Policy, in consultation with the Office of Governmentwide Ethics, shall develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest.

    Inserted: TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

    Inserted: SEC. 4501. DISCLOSURE OF CEO SALARIES.

    Inserted: (a) Disclosure Requirements.--Section 2(b)(1) of the Federal Funding Accountability and Transparency Act (Public Law 109-282; 31 U.S.C. 6101 note) is amended--

    Inserted: (1) by striking "and" at the end of subparagraph (E);

    Inserted: (2) by redesignating subparagraph (F) as subparagraph (G); and

    Inserted: (3) by inserting after subparagraph (E) the following new subparagraph:

    Inserted: "(F) the names and total compensation of the five most highly compensated officers of the entity if--

    Inserted: "(i) the entity in the preceding fiscal year received--

    Inserted: "(I) 80 percent or more of its annual gross revenues in Federal awards; and

    Inserted: "(II) $25,000,000 or more in annual gross revenues from Federal awards; and

    Inserted: "(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.".

    Inserted: (b) Regulations Required.--The Director of the Office of Management and Budget shall promulgate regulations to implement the amendment made by this title. Such regulations shall include a definition of "total compensation" that is consistent with regulations of the Securities and Exchange Commission at section 402 of part 229 of title 17 of the Code of Federal Regulations (or any subsequent regulation).

    Inserted: SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.

    Inserted: (a) In General.--Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding integrity and performance of persons awarded Federal contracts and grants for use by Federal officials having authority over contracts and grants.

    Inserted: (b) Persons Covered.--The database shall cover any person awarded a Federal contract or grant if any information described in subsection (c) exists with respect to such person.

    Inserted: (c) Information Included.--With respect to a person awarded a Federal contract or grant, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding--

    Inserted: (1) any civil or criminal proceeding, or any administrative proceeding to the extent that such proceeding results in both a finding of fault on the part of the person and the payment of restitution to a government of $5,000 or more, concluded by the Federal Government or any State government against the person, and any amount paid by the person to the Federal Government or a State government;

    Inserted: (2) all Federal contracts and grants awarded to the person that were terminated in such period due to default;

    Inserted: (3) all Federal suspensions and debarments of the person in that period;

    Inserted: (4) all Federal administrative agreements entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding and, to the maximum extent practicable, agreements involving a suspension or debarment proceeding entered into by the person and a State government in that period; and

    Inserted: (5) all final findings by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).

    Inserted: (d) Requirements Relating to Information in Database.--

    Inserted: (1) Direct input and update.--The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or grant recipients.

    Inserted: (2) Timeliness and accuracy.--The Administrator shall develop policies to require--

    Inserted: (A) the timely and accurate input of information into the database;

    Inserted: (B) notification of any covered person when information relevant to the person is entered into the database; and

    Inserted: (C) an opportunity for any covered person to append comments to information about such person in the database.

    Inserted: (e) Availability.--

    Inserted: (1) Availability to all federal agencies.--The Administrator shall make the database available to all Federal agencies.

    Inserted: (2) Availability to the public.--The Administrator shall make the database available to the public by posting the database on the General Services Administration website.

    Inserted: (3) Limitation.--This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.

    Inserted: SEC. 4503. REVIEW OF DATABASE.

    Inserted: (a) Requirement to Review Database.--Prior to the award of a contract or grant, an official responsible for awarding a contract or grant shall review the database established under section 2.

    Inserted: (b) Requirement to Document Present Responsibility.--In the case of a prospective awardee of a contract or grant against which a judgment or conviction has been rendered more than once within any 3-year period for the same or similar offences, if each judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why the prospective awardee is considered presently responsible.

    Inserted: SEC. 4504. DISCLOSURE IN APPLICATIONS.

    Inserted: (a) Requirement.--Not later than 180 days after the date of the enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c).

    Inserted: (b) Covered Contracts and Grants.--This section shall apply only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)).

    Inserted: SEC. 4505. ROLE OF INTERAGENCY COMMITTEE.

    Inserted: (a) Requirement.--The Interagency Committee on Debarment and Suspension shall--

    Inserted: (1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings;

    Inserted: (2) coordinate actions among interested agencies with respect to such action;

    Inserted: (3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system;

    Inserted: (4) recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee;

    Inserted: (5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations;

    Inserted: (6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and

    Inserted: (7) submit to the Congress an annual report on--

    Inserted: (A) the progress and efforts to improve the suspension and debarment system;

    Inserted: (B) member agencies' active participation in the committee's work; and

    Inserted: (C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system.

    Inserted: (b) Definition.--The term "Interagency Committee on Debarment and Suspension" means such committee constituted under sections 4 and 5 and of Executive Order 12549.

    Inserted: SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES.

    Inserted: Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities.

    Inserted: SEC. 4507. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: There are authorized to be appropriated to the Administrator of General Services such funds as may be necessary to establish the database described in section 2.

    Inserted: SEC. 4508. REPORT TO CONGRESS.

    Inserted: (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report.

    Inserted: (b) Contents of Report.--The report shall contain the following:

    Inserted: (1) A list of all databases that include information about Federal contracting and Federal grants.

    Inserted: (2) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database.

    Inserted: SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

    Inserted: (a) Enhanced Transparency on Interagency Contracting and Other Transactions.--Not later than 12 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate the collection of complete, timely, and reliable data on interagency contracting actions and on transactions other than contracts, grants, and cooperative agreements issued pursuant to section 2371 of title 10, United States Code, or similar authorities. The Director shall ensure that data, consistent with what is collected for contract actions, is obtained on--

    Inserted: (1) interagency contracting actions, including data at the task or delivery-order level; and

    Inserted: (2) other transactions, including the initial award and any subsequent modifications awarded or orders issued.

    Inserted: (b) Amendment.--Subsection (d) of section 19 of the Office of Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as follows:

    Inserted: "(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.".

    Original wording

    Add at the end of the bill the following new division:

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As printed

Add at the end of the bill the following new division:

DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS

Sec. 4001. Short title.

TITLE XLI--ENHANCED COMPETITION

Sec. 4101. Minimizing sole-source contracts.

Sec. 4102. Limitation on length of certain noncompetitive contracts.

Sec. 4103. Requirement for purchase of property and services pursuant to multiple award contracts.

TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

Sec. 4201. Regulations to minimize the inappropriate use of cost-reimbursement contracts.

Sec. 4202. Preventing abuse of interagency contracts.

Sec. 4203. Prohibitions on the use of lead systems integrators.

Sec. 4204. Regulations on excessive pass-through charges.

Sec. 4205. Linking of award and incentive fees to acquisition outcomes.

Sec. 4206. Minimizing abuse of commercial services item authority.

TITLE XLIII--ACQUISITION WORKFORCE

Sec. 4301. Acquisition workforce development fund.

Sec. 4302. Contingency contracting corps.

TITLE XLIV--ANTI-FRAUD PROVISIONS

Sec. 4401. Protection for contractor employees from reprisal for disclosure of certain information.

Sec. 4402. Mandatory Fraud Reporting.

Sec. 4403. Access of General Accounting Office to Contractor Employees.

Sec. 4404. Preventing conflicts of interest.

TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

Sec. 4501. Disclosure of CEO salaries.

Sec. 4502. Database for contracting officers and suspension and debarment officials.

Sec. 4503. Review of database.

Sec. 4504. Disclosure in applications.

Sec. 4505. Role of interagency committee.

Sec. 4506. Authorization of independent agencies.

Sec. 4507. Authorization of appropriations.

Sec. 4508. Report to Congress.

Sec. 4509. Improvements to the Federal procurement data system.

SEC. 4001. SHORT TITLE.

This division may be cited as the “Clean Contracting Act of 2008”.

TITLE XLI--ENHANCED COMPETITION

SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS.

(a) Plans Required.--Subject to subsection (c), the head of each executive agency covered by title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or, in the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop and implement a plan to minimize, to the maximum extent practicable, the use of contracts entered into using procedures other than competitive procedures by the agency or department concerned. The plan shall contain measurable goals and shall be completed and submitted to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives, with a copy provided to the Comptroller General, not later than 1 year after the date of the enactment of this Act.

(b) Comptroller General Review.--The Comptroller General shall review the plans provided under subsection (a) and submit a report to Congress on the plans not later than 18 months after the date of the enactment of this Act.

(c) Requirement Limited to Certain Agencies.--The requirement of subsection (a) shall apply only to those agencies that awarded contracts in a total amount of at least $1,000,000,000 in the fiscal year preceding the fiscal year in which the report is submitted.

(d) Certain Contracts Excluded.--The contracts entered into under the authority of the Small Business Act shall not be included in the plans developed and implemented under subsection (a), except contracts that are awarded pursuant to section 602 of Public Law 100-656 (as amended by section 22 of Public Law 101-37 (103 Stat. 75), section 2 of title V of Public Law 101-515 (104 Stat. 2140), section 205 of Public Law 101-574 (104 Stat. 2819), and section 608 of Public Law 103-403 (108 Stat. 4204)).

SEC. 4102. 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 $1,000,000.”.

(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 $1,000,000.”.

SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS.

(a) Regulations Required.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require enhanced 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), 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) 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) Public Notice Requirements Related to Sole Source Task or Delivery Orders.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require the head of each executive agency to publish on--

(1) FedBizOpps notice of all sole source task or delivery orders in excess of the simplified acquisition threshold that are placed against multiple award contracts not later than 14 days after such orders are placed, except in the event of extraordinary circumstances or classified orders; and

(2) the website of the agency and through a Governmentwide website selected by the Administrator for Federal Procurement Policy the determinations required by (b)(1)(B) related to sole source task or delivery orders placed against multiple award contracts not later than 14 days after such orders are placed, except in the event of extraordinary circumstances or classified orders.

(3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.

(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.

(3) The term “sole source task or delivery order” means any order that does not follow the competitive base procedures in paragraphs (b)(2) or (b)(3).

(e) Applicability.--The regulations required by subsection (a) 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.

TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPROPRIATE USE OF COST-REIMBURSEMENT CONTRACTS.

(a) In General.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to minimize the inappropriate use of cost-reimbursement contracts and to ensure the proper use of such contracts.

(b) Content.--The regulations required under subsection (a) shall--

(1) identify, at a minimum--

(A) the circumstances under which cost reimbursement contracts or task or delivery orders are appropriate;

(B) the acquisition plan facts necessary to support a decision to use cost reimbursement contracts;

(C) the acquisition workforce resources necessary to award and manage cost reimbursement contracts; and

(2) establish a requirement for each executive agency to--

(A) annually assess its use of cost-reimbursement contracts;

(B) establish and implement metrics to measure progress toward minimizing any inappropriate use of cost-reimbursement contracts identified during the assessment process; and

(C) prepare and submit an annual report to the Office of Management and Budget assessing progress in meeting the metrics established in (B).

(c) Comptroller General Evaluations.--Within one year of the completion of the first annual reports required by subsection (b)(2)(C), the Comptroller General shall review the progress of agencies in implementing the regulations required by (a).

(d) Report.--Subject to subsection (f), the Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subparagraph (e) and the Comptroller General on the use of cost-reimbursement contracts and task or delivery orders by all Federal agencies, including the Department of Defense. The report shall be submitted no later than March 1 and will cover the fiscal year ending September 30 of the prior year. The report shall include--

(1) the total number and value of contracts awarded and orders issued during the covered fiscal year;

(2) the number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year;

(3) a list of contracts and task and delivery orders identified in subparagraph (2) exceeding ten million dollars ($10,000,000), whose period of performance, including options, exceeded three years; the reasons why such contracts or orders could not be priced or converted to a fixed-price basis; and the actions being taken by the agency to do so;

(4) a certification by the contracting agency that for each contract identified in subparagraph (3) that an appropriate number of trained acquisition personnel, consistent with the complexity and risk associated with the contract or order, have been assigned to provide oversight of the contractor's performance; and

(5) a description of each agency's actions to assure the appropriate use of cost-reimbursement contracts.

(e) Congressional Committees Defined.--The report required by subsection (d) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committees on Appropriations of the House of Representatives and the Senate; and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.

(f) Requirements Limited to Certain Agencies.--The requirements of subsections (b) and (d) shall apply only to those agencies that awarded contracts and issued orders in a total amount of at least $1,000,000,000 in the fiscal year proceeding the fiscal year in which the assessments and reports are submitted.

SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

(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 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 interagency 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 interagency 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) Definitions.--In this section:

(1) The term “executive agency” has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

(2) The term “head of executive agency” means the head of an executive agency except that, in the case of a military department, the term means the Secretary of Defense.

(3) The term “interagency 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”, Federal Supply Schedules above $500,000, and Governmentwide acquisition contracts.

SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS.

(a) Prohibition on New Lead Systems Integrators.--(1) Effective October 1, 2010, the head of an executive agency may not award a new contract for lead systems integrator functions in the acquisition of a major system.

(2) Prohibition on Lead Systems Integrators Beyond Demonstration Level Phase.--Effective on the date of the enactment of this Act, an executive agency may award a new contract for lead systems integrator functions in the acquisition of a major system only if--

(A) the contract for the major system does not proceed beyond the demonstration phase-level; or

(B) the head of the agency determines in writing that it would not be practicable to carry out acquisition without continuing to use a contractor to perform lead systems integrator functions and that doing so is in the best interest of the agency.

(3) Requirements Relating to Determinations.--A determination under paragraph (2)(A)--

(A) shall specify the reasons why it would not be practicable to carry out the acquisition continuing to use a contractor to perform lead integrator functions (including a discussion of alternatives, such as the use of the agency workforce, or a system engineering and technical assistance contractor);

(B) shall include a plan for phasing out the use of contracted lead systems integrator functions over the shortest period of time consistent with the interest of the government;

(C) may not be delegated below the level of the Chief Acquisition Officer; and

(D) shall be provided to the Committee on Oversight and Government Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate at least 45 days before the award of a contract pursuant to the determination.

(b) Acquisition Workforce.--

(1) Requirement.--The head of an executive agency shall ensure that the acquisition workforce is of the appropriate size and skill level necessary--

(A) to accomplish inherently governmental functions related to acquisition of major systems; and

(B) to effectuate the purpose of subsection (a) to minimize and eventually eliminate the use of contractors to perform lead systems integrator functions.

(2) Report.--The head of the agency shall annually include an update on the progress made in complying with paragraph (1) in the agency's Performance and Accountability Report.

(c) Exception for Contracts for Other Management Services.--The head of an executive agency may continue to award contracts for the procurement of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, if the following conditions are met with respect to each such contract:

(1) The contract prohibits the contractor from performing inherently governmental functions.

(2) The head of the agency responsible for the development or production of the major system ensures that Federal employees are responsible for determining courses of action to be taken in the best interest of the government.

(3) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.

(d) Definitions.--In this section:

(1) Lead systems integrator.--The term “lead systems integrator” means--

(A) a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems; or

(B) a prime contractor under a contract for procurement of services the primary purpose of which to perform acquisition functions closely associated with inherently governmental functions with respect to the development or production of a major system.

(2) Major system.--The term “major system” has the meaning given such term in section 2302d of title 10, United States Code.

(3) Demonstration phase level.--For purposes of this section, the term “demonstration phase level” means--

(A) work performed prior to first article testing and approval (as defined in part 9.3 of the Federal Acquisition Regulation; or

(B) a level comparable to the level identified in subparagraph (A) which the FAR Council determines, by regulation, after consideration of the definition of low-rate initial production (as defined in section 2400 of title 10, United States Code.

(e) Inapplicability to Department of Defense.--This section does not apply to the Department of Defense.

SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES.

(a) Regulations Required.--

(1) Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be amended ensure that excessive pass-through charges on contracts or (or task or delivery orders) are not paid by the Federal Government.

(2) Scope of regulations.--The regulations prescribed under this subsection--

(A) shall not apply to any firm, fixed-price contract or subcontract (or task or delivery order) that is--

(i) awarded on the basis of adequate price competition; or

(ii) for the acquisition of a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and

(B) may include such additional exceptions as the Federal Acquisition Regulation Council determines to be necessary in the interest of the government.

(3) Definition.--In this section, the term “excessive pass-through charge” means a charge to the Government by the contractor or subcontractor that is for overhead or profit on work performed by a lower-tier contractor or subcontractor (other than charges for the direct costs of managing lower-tier contracts and subcontracts and overhead and profit based on such direct costs) and for which the contractor or subcontractor adds no, or negligible, value to a contract or subcontract.

(b) Inapplicability to Department of Defense.--This section does not apply to the Department of Defense.

SEC. 4205. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.

(a) Guidance on Linking of Award and Incentive Fees to Acquisition Outcomes.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to provide executive agencies with instructions, including definitions, on the appropriate use of award and incentive fees in Federal acquisition programs.

(b) Elements.--The regulations 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.

SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

(a) Regulations Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended for the procurement of commercial services.

(b) Applicability of Commercial Procedures.--

(1) Services of a type sold in marketplace.--The regulations modified pursuant to subsection (a) shall ensure that services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, may be treated as commercial items for purposes of section 254b of title 41, United States Code (relating to truth in negotiations), only if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such services.

(2) Information submitted.--To the extent necessary to make a determination under paragraph (1), the contracting officer may request the offeror to submit--

(A) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers; and

(B) if the contracting officer determines that the information described in subparagraph (A) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates.

(c) Time-and-Materials Contracts.--

(1) Commercial item acquisitions.--The regulations pursuant to subsection (a) shall ensure that procedures applicable to time-and-materials contracts and labor-hour contracts for commercial item acquisitions may be used only for the following:

(A) Services procured for support of a commercial item, as described in section 4(12)(E) of the Office Federal Procurement Policy Act (41 U.S.C. 403(12)(E)).

(B) Emergency repair services.

(C) Any other commercial services only to the extent that the head of the agency concerned approves a determination in writing by the contracting officer that--

(i) the services to be acquired are commercial services as defined in section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F));

(ii) if the services to be acquired are subject to subsection (b), the offeror of the services has submitted sufficient information in accordance with that subsection;

(iii) such services are commonly sold to the general public through use of time-and-materials or labor-hour contracts; and

(iv) the use of a time-and-materials or labor-hour contract type is in the best interest of the Government.

(2) Non-commercial item acquisitions.--Nothing in this subsection shall be construed to preclude the use of procedures applicable to time-and-materials contracts and labor-hour contracts for non-commercial item acquisitions for the acquisition of any category of services.

TITLE XLIII--ACQUISITION WORKFORCE

SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT FUND.

(a) Purpose.--The purpose of this section is to ensure that there are resources available to recruit, hire, educate, train and retain members of the Federal acquisition workforce with the requisite competencies and skills to ensure that the government receives best value property and services in its acquisitions.

(b) Establishment of Fund.--Title III of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 101, et seq) is amended by adding at the end the following new section:

“SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT FUND.

“(a) The Administrator of General Services shall establish an acquisition workforce development fund.

“(1) The Administrator shall manage the fund through the Federal Acquisition Institute to recruit, hire, educate, train and retain members of the acquisition workforce of the executive agencies other than the Department of Defense.

“(2) The Administrator, in consultation with the Administrator for Federal Procurement Policy and the Chief Acquisition Officers or Senior Procurement Executives, as appropriate, of the executive agencies, other than the Department of Defense, shall issue detailed guidance for the administration and use of the Fund. Such guidance shall include provisions--

“(A) requiring agencies to identify members of their acquisition workforce consistent with section 433(i) of title 41.

“(B) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including--

“(i) changes to the types of skills needed;

“(ii) incentives to retain qualified, experienced personnel; and

“(iii) incentives for attracting new, high-quality personnel;

“(C) describing the manner and timing for applications for amounts in the Fund to be submitted;

“(D) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Fund in any fiscal year; and

“(E) describing measurable objectives of performance for determining whether amounts in the Fund are being used in compliance with this section.

“(3) The Director of the Office of Management and Budget shall be the approving official for any disbursements from the Fund.

“(4) The costs of administering the fund, including the direct and indirect costs of those employees, not to exceed 5 percent per annum, shall be paid out of the fund.

“(5) Amounts in the fund may not be used to pay the base salary of any full-time equivalent position currently filled as of date of enactment of the Clean Contracting Act of 2008.

“(b) There shall be credited to the acquisition workforce development fund the following percentages of the value of funds expended by executive agencies for service contracts, other than services relating to research and development and services relating to construction:

“(1) for fiscal year 2009, 0.5 percent.

“(2) for fiscal year 2010, 1 percent.

“(3) for fiscal year 2011, 1.5 percent.

“(4) for any fiscal year after fiscal year 2011, 2 percent.

“(c) The Director of the Office and Management and Budget may reduce the amount to be credited upon a determination that the funds being credited are excess to the needs of the acquisition workforce development fund. In no event shall the Director of the Office of Management Budget reduce the percentage for any fiscal year below a percentage that results in the deposit in a fiscal year of an amount equal to the following

“(1) for fiscal year 2009, 75,000,000.

“(2) for fiscal year 2010, 100,000,000.

“(3) for fiscal year 2011, 125,000,000.

“(4) for an fiscal year after 2011, 150,000,000.

“(d) Not later than 30 days after the end of fiscal year 2008, and 30 days after the end of each fiscal year quarter thereafter, the head of each executive agency shall remit to the General Services Administration the amount required to be credited to the fund with respect to the contracts, leases, task and delivery order described in subsection (b).

“(e) The Administrator of General Services, through the Office of the Chief Acquisition Officer, shall ensure that funds collected under this section are not used for any purposes other than the purposes specified in subsection (a).

“(f) Amounts credited to the fund shall be in addition to funds requested and appropriated for salaries, benefits, education and training for all current acquisition workforce members.

“(g) Amounts credited to the fund shall remain available until expended.

“(h) Not later than 60 days after the end of each fiscal year beginning with fiscal year 2008, the Administrator of General Services shall submit to the congressional committees identified in subsection (i) a report on the operation of the fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

“(1) A statement of the amounts remitted to the Administrator for crediting to the Fund for such fiscal year by each executive agency and a statement of the amounts credited to the Fund.

“(2) A description of the expenditures made from the Fund, including the purpose of such expenditures.

“(3) A description and assessment of improvements in the Federal acquisition workforce resulting from such expenditures, including the extent to which the fund has been used to increase the number of individuals in the acquisition workforce relative to the number of individuals in the acquisition workforce as of the date of enactment.

“(4) Recommendations for additional authorities to fulfill the purpose of the Fund.

“(5) A statement of the balance remaining in the Fund at the end of such fiscal year.

“(i) The report required by subsection (h) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committees on Appropriations of the House of Representatives and the Senate.

“(j) No expired balances appropriated prior to the date of the enactment of the Clean Contracting Act of 2008 may be used to make any payment to the Acquisition Workforce Development Fund.”.

(c) Exception.--This section and the amendments made by this section shall not apply to the acquisition workforce of the Department of Defense.

SEC. 4302. CONTINGENCY CONTRACTING CORPS.

The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by section 102, is further amended by adding at the end the following new section:

“SEC. 44. CONTINGENCY CONTRACTING CORPS.

“(a) Establishment.--The Administrator of General Services in consultation with the Director of the Office of Management and Budget, the Secretary of Defense and the Secretary of Homeland Security, shall establish a Governmentwide Contingency Contracting Corps (in this section, referred to as the ‘Corps'). The members of the Corps shall be available for deployment in responding to an emergency or major disaster, or a contingency operation, within or outside the continental United States.

“(b) Applicability.--The authorities provided in this section apply with respect to any procurement of property or services by or for an executive agency that, as determined by the head of such executive agency, are to be used--

“(1) in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code; or

“(2) to respond to an emergency or major disaster as defined in section 5122 of title 41, United States Code.

“(c) Membership.--Membership in the Corps shall be voluntary and open to all Federal employees and uniformed members of the Armed Services, who are currently members of the Federal acquisition workforce. As a condition precedent to membership in the Corps, each volunteer will execute a mobility agreement consistent with the provisions included in sections 3371 through 3375 of title 5, United States Code.

“(d) Education and Training.--The Director of the Federal Acquisition Institute, in consultation with the Chief Acquisition Officers Council shall establish educational and training requirements for members of the Corps, and shall pay for these additional requirements from funds available in the acquisition workforce development fund or the Department of Defense Acquisition Workforce Development Fund.

“(e) Clothing and Equipment.--The Administrator shall identify any necessary clothing and equipment requirements, and shall pay for this clothing and equipment from funds available in the acquisition workforce development fund or the Department of Defense Acquisition Workforce Development Fund.

“(f) Salary.--The salaries for members of the Corps shall be paid by their parent agencies out of funds available.

“(g) Authority To Deploy the Corps.--The Director of the Office of Management and Budget 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.

“(h) Annual Report.--

“(1) In general.--The Administrator of General Services 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 as of September 30 of each fiscal year.

“(2) Content.--At a minimum, each report under paragraph (1) shall include the number of members of the Contingency Contracting Corps, the total cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.”.

TITLE XLIV--ANTI-FRAUD PROVISIONS

SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.

(a) Increased Protection From Reprisal.--Subsection (a) of section 315 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 265(a), is amended--

(1) by striking “disclosing to a Member of Congress” and inserting “disclosing to a Member of Congress, a representative of a committee of Congress, an Inspector General, the Government Accountability Office, an employee of an executive agency responsible for contract oversight or management,”; and

(2) by striking “information relating to a substantial violation of law related to a contract (including the competition for or negotiation of a contract)” and inserting “information that the employee reasonably believes is evidence of gross mismanagement of an executive agency contract or grant, a gross waste of executive agency funds, a substantial and specific danger to public health or safety, or a violation of law related to an executive agency contract (including the competition for or negotiation of a contract) or grant”.

(b) Clarification of Inspector General Determination.--Subsection (b) of such section is amended--

(1) by inserting “(1)” after “Investigation of Complaints.--” and

(2) by adding at the end the following new paragraph:

“(2)(A) Except as provided under subparagraph (B), the Inspector General shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 180 days after receiving the complaint.

“(B) If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified in subparagraph (A) and the person submitting the complaint agrees to an extension of time, the Inspector General shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the Inspector General and the person submitting the complaint.”.

(c) Acceleration of Schedule for Denying Relief or Providing Remedy.--Subsection (c) of such section is amended in paragraph (1), by striking “If the head of an executive agency determines that a contractor has subjected a person to a reprisal prohibited by subsection (a), the head of the agency may” and inserting after “(1)” the following: “Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of an executive agency concerned shall determine whether there is sufficient basis to conclude that the contractor concerned has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall”.

(d) Definitions.--Subsection (e) of such section is amended in paragraph (2), by inserting “or a grant” after “a contract”.

SEC. 4402. MANDATORY FRAUD REPORTING.

(a) Amendment of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be amended within 180 days after the date of the enactment of this Act pursuant to FAR Case 2007-006 (as published at 72 Fed Reg. 64019, November 14, 2007) or any follow-on FAR case to include provisions that require timely notification by Federal contractors of violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial items.

(b) Covered Contract Defined.--In this section, the term “covered contract” means any contract in an amount greater than $5,000,000 and more than 120 days in duration.

SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO CONTRACTOR EMPLOYEES.

(a) Civilian Agencies.--Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in subsection (c)(1) by inserting after “records” “,or interview any employee,”.

(b) Defense Agencies.--Section 2313 of title 10, United States Code, is amended in subsection (c)(1) by inserting after “records” “, or interview any employee,”.

SEC. 4404. PREVENTING CONFLICTS OF INTEREST.

(a) Organizational Conflicts of Interest.--Not later than 12 months after the date of the enactment of this Act, the Administrator of the Office of Federal Procurement Policy shall review the Federal Acquisition Regulation to determine whether it contains sufficiently rigorous, comprehensive, and uniform Governmentwide policies to prevent and mitigate organizational conflicts of interest in Federal contracting. In reviewing such regulations, the Administrator and the Federal Acquisition Regulatory Council, in consultation with the Office of Government Ethics, shall, at a minimum, make appropriate revisions to the regulations to--

(1) establish 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) address conflicts that may arise in the context of developing requirements and statements of work, the selection process, and contract administration;

(3) ensure 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; and

(4) ensure that any policies or clauses developed address conflicts of interest that may arise from financial interests, unfair competitive advantages, and impaired objectivity.

(b) Personal Conflicts of Interest.--Not later than 12 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to establish uniform, Governmentwide policies to prevent personal conflicts of interest by contractor employees in Federal contracting. In developing such regulations, the Federal Acquisition Regulatory Council, in consultation with the Office of Government Ethics, shall, at a minimum--

(1) develop a standard contractor employee personal conflicts of interest clause or a set of standard clauses for inclusion in solicitations and contracts that set forth the contractor's responsibility to ensure that employees who are performing contracted services for the Federal Government are free of personal conflicts of interest;

(2) identify the contracting methods, types and services that raise heightened concerns for potential conflicts of interest; and

(3) establish specified principles, examples, a definition of personal conflicts of interest relevant to contractor employees working on Federal Government contracts, specific prohibitions, and where applicable, greater disclosure for certain contractor employees, that will accomplish the end objective of ethical behavior.

(c) Best Practices.--The Administrator of the Office of Federal Procurement Policy, in consultation with the Office of Governmentwide Ethics, shall develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest.

TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

SEC. 4501. DISCLOSURE OF CEO SALARIES.

(a) Disclosure Requirements.--Section 2(b)(1) of the Federal Funding Accountability and Transparency Act (Public Law 109-282; 31 U.S.C. 6101 note) is amended--

(1) by striking “and” at the end of subparagraph (E);

(2) by redesignating subparagraph (F) as subparagraph (G); and

(3) by inserting after subparagraph (E) the following new subparagraph:

“(F) the names and total compensation of the five most highly compensated officers of the entity if--

“(i) the entity in the preceding fiscal year received--

“(I) 80 percent or more of its annual gross revenues in Federal awards; and

“(II) $25,000,000 or more in annual gross revenues from Federal awards; and

“(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.”.

(b) Regulations Required.--The Director of the Office of Management and Budget shall promulgate regulations to implement the amendment made by this title. Such regulations shall include a definition of “total compensation” that is consistent with regulations of the Securities and Exchange Commission at section 402 of part 229 of title 17 of the Code of Federal Regulations (or any subsequent regulation).

SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.

(a) In General.--Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding integrity and performance of persons awarded Federal contracts and grants for use by Federal officials having authority over contracts and grants.

(b) Persons Covered.--The database shall cover any person awarded a Federal contract or grant if any information described in subsection (c) exists with respect to such person.

(c) Information Included.--With respect to a person awarded a Federal contract or grant, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding--

(1) any civil or criminal proceeding, or any administrative proceeding to the extent that such proceeding results in both a finding of fault on the part of the person and the payment of restitution to a government of $5,000 or more, concluded by the Federal Government or any State government against the person, and any amount paid by the person to the Federal Government or a State government;

(2) all Federal contracts and grants awarded to the person that were terminated in such period due to default;

(3) all Federal suspensions and debarments of the person in that period;

(4) all Federal administrative agreements entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding and, to the maximum extent practicable, agreements involving a suspension or debarment proceeding entered into by the person and a State government in that period; and

(5) all final findings by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).

(d) Requirements Relating to Information in Database.--

(1) Direct input and update.--The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or grant recipients.

(2) Timeliness and accuracy.--The Administrator shall develop policies to require--

(A) the timely and accurate input of information into the database;

(B) notification of any covered person when information relevant to the person is entered into the database; and

(C) an opportunity for any covered person to append comments to information about such person in the database.

(e) Availability.--

(1) Availability to all federal agencies.--The Administrator shall make the database available to all Federal agencies.

(2) Availability to the public.--The Administrator shall make the database available to the public by posting the database on the General Services Administration website.

(3) Limitation.--This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.

SEC. 4503. REVIEW OF DATABASE.

(a) Requirement to Review Database.--Prior to the award of a contract or grant, an official responsible for awarding a contract or grant shall review the database established under section 2.

(b) Requirement to Document Present Responsibility.--In the case of a prospective awardee of a contract or grant against which a judgment or conviction has been rendered more than once within any 3-year period for the same or similar offences, if each judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why the prospective awardee is considered presently responsible.

SEC. 4504. DISCLOSURE IN APPLICATIONS.

(a) Requirement.--Not later than 180 days after the date of the enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c).

(b) Covered Contracts and Grants.--This section shall apply only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)).

SEC. 4505. ROLE OF INTERAGENCY COMMITTEE.

(a) Requirement.--The Interagency Committee on Debarment and Suspension shall--

(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings;

(2) coordinate actions among interested agencies with respect to such action;

(3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system;

(4) recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee;

(5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations;

(6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and

(7) submit to the Congress an annual report on--

(A) the progress and efforts to improve the suspension and debarment system;

(B) member agencies' active participation in the committee's work; and

(C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system.

(b) Definition.--The term “Interagency Committee on Debarment and Suspension” means such committee constituted under sections 4 and 5 and of Executive Order 12549.

SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES.

Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities.

SEC. 4507. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator of General Services such funds as may be necessary to establish the database described in section 2.

SEC. 4508. REPORT TO CONGRESS.

(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report.

(b) Contents of Report.--The report shall contain the following:

(1) A list of all databases that include information about Federal contracting and Federal grants.

(2) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database.

SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

(a) Enhanced Transparency on Interagency Contracting and Other Transactions.--Not later than 12 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate the collection of complete, timely, and reliable data on interagency contracting actions and on transactions other than contracts, grants, and cooperative agreements issued pursuant to section 2371 of title 10, United States Code, or similar authorities. The Director shall ensure that data, consistent with what is collected for contract actions, is obtained on--

(1) interagency contracting actions, including data at the task or delivery-order level; and

(2) other transactions, including the initial award and any subsequent modifications awarded or orders issued.

(b) Amendment.--Subsection (d) of 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.”.

Legislative Activity

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House amendment offered

May 22, 2008

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Floor

House amendment offered

May 22, 2008

Floor

House amendment agreed to: On agreeing to the Waxman amendment (A009) Agreed to by voice vote.

May 22, 2008 • 4:18 PM

Not Used

House amendment offered/reported by : Amendment (A009) offered by Mr. Waxman.(consideration: CR H4766-4774; text: CR H4766-4771)

May 22, 2008 • 3:58 PM

Not Used

Amendment agreed to Committee of the Whole

May 22, 2008 • 4:18 PM

Floor

Amendment (A009) offered by Mr. Waxman. (consideration: CR H4766-4774; text: CR H4766-4771)

May 22, 2008 • 3:58 PM

Floor

On agreeing to the Waxman amendment (A009) Agreed to by voice vote.

May 22, 2008 • 4:18 PM