S.Amdt. 2878

SA 2878. Mr. PETERS (for himself and Mr. Cruz) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title VIII, add the following:

Subtitle F--Federal Improvement in Technology Procurement

SEC. 894. SHORT TITLE.

This subtitle may be cited as the ``Federal Improvement in
Technology Procurement Act'' or the ``FIT Procurement Act''.

SEC. 895. DEFINITIONS.

In this subtitle:
(1) Acquisition workforce.--The term ``acquisition
workforce'' means employees of an executive agency who are
responsible for procurement, contracting, program or project
management that involves the performance of acquisition-
related functions, or others as designated by the Chief
Acquisition Officer, senior procurement executive, or head of
the contracting activity.
(2) Administrator.--The term ``Administrator'' means the
Administrator for Federal Procurement Policy.
(3) Cross-functional.--The term ``cross-functional'' means
a structure in which individuals with different functional
expertise or from different areas of an organization work
together as a team.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(5) Experiential learning.--The term ``experiential
learning'' means on-the-job experiences or simulations that
serve to enhance workforce professional skills.
(6) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given the term in section 4713 of title
41, United States Code; and
(B) includes information and communications technologies
covered by definitions contained in the Federal Acquisition
Regulation, including definitions added after the date of the
enactment of this Act by the Federal Acquisition Regulatory
Council pursuant to notice and comment.
(7) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives.
(8) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section
3 of the Small Business Act (15 U.S.C. 632).

SEC. 896. ACQUISITION WORKFORCE.

(a) Experiential Learning.--Not later than 18 months after
the date of the enactment of this Act, the Federal
Acquisition Institute shall establish a pilot program to
consider the incorporation of experiential learning into the
Federal Credentials Program, the Federal Acquisition
Certification-Contracting Officer's Representative (FAC-COR)
Program, and the Federal Acquisition Certification for
Program and Project Managers (FAC-P/PM) Program, or any
successor programs.
(b) Training on Information and Communications Technology
Acquisition.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Federal Acquisition Institute,
in coordination with the Administrator, the Administrator of
General Services, the Administrator of the Office of
Electronic Government, the Chief Information Officers
Council, and the United States Digital Service, and in
consultation with others as determined to be appropriate by
the Director of the Federal Acquisition Institute, shall
develop and implement or otherwise provide a cross-functional
information and communications technology acquisition
training program for acquisition workforce members involved
in acquiring information and communications technology. The
training shall--
(A) include learning objectives related to market research,
communicating with industry and industry perspectives on the
procurement process, including how investment decisions are
impacted by Government communication and engagement,
developing requirements, acquisition planning, best practices
for developing and executing outcome-based contracts, and
source selection strategy, evaluating proposals, and awarding
and administering contracts for information and
communications technology;
(B) include learning objectives that provide a basic
understanding of key technologies Federal agencies need, such
as cloud computing, artificial intelligence and artificial
intelligence-enabled applications, and cybersecurity
solutions;
(C) include learning objectives that encourage the use of
commercial or commercially available off-the-shelf (COTS)
technologies to the greatest extent practicable;
(D) include case studies of lessons learned from Federal
information and communications technology procurements and
contracts, and related matters as deemed relevant by the
Director of the Federal Acquisition Institute;
(E) include experiential learning opportunities, and
opportunities to practice acquisition teaming involving
collaboration of team

[[Page S5089]]

members with varied relevant domain expertise to complete
acquisition-related tasks, including tasks with accelerated
timelines;
(F) include continuous learning recommendations and
resources to keep the skills of acquisition workforce members
current, including tools that help adopt or adapt the use of
innovative acquisition practices or other flexible business
practices commonly used in commercial buys;
(G) be made available to acquisition workforce members
designated by a Chief Acquisition Officer, senior procurement
executive, or head of the contracting activity to participate
in the training program; and
(H) inform executive agencies about streamlined and
alternative procurement methods for procurement of
information and communications technology, including--
(i) simplified procedures for certain commercial products
and commercial services in accordance with subpart 13.5 of
the Federal Acquisition Regulation, prize competitions under
the America COMPETES Reauthorization Act of 2010 (Public Law
111-358), competitive programs that encourage businesses to
engage in Federal research or research and development with
the potential for commercialization, and joint venture
partnerships;
(ii) innovative procurement techniques designed to
streamline the procurement process and lower barriers to
entry, such as use of oral presentations and product
demonstrations instead of lengthy written proposals,
appropriately leveraging performance and outcomes-based
contracting, and other techniques discussed on the Periodic
Table of Acquisition Innovations or other similar successor
knowledge management portals; and
(iii) information on appropriate use, examples and
templates, and any other information determined relevant by
the Administrator to assist contracting officers and other
members of the acquisition workforce in using the procedures
described in clauses (i) and (ii).
(I) includes ethical procurement practices as a core
component of trainings and provides a mechanism for feedback
from program participants to ensure trainings cover ethical
procurement practices that are aligned with the evolving
landscape of technology and procurement;
(J) incorporates learning objectives for workforce members
to identify and mitigate wasteful practices and unethical
behaviors in procurement processes, with a focus on practical
applications rather than theoretical knowledge; and
(K) incorporates learning objectives on privacy protection
and civil liberties safeguards, ensuring that all acquisition
workforce members understand the importance of integrating
these considerations into the procurement process.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Director of the Federal
Acquisition Institute shall provide to the relevant
committees of Congress, the Chief Acquisition Officers
Council, and the Chief Information Officers Council--
(A) a report on the Director's progress in developing and
implementing or otherwise providing the information and
communications technology acquisition training described in
paragraph (1); and
(B) a list of any acquisition training that the Director
determines to be outdated or no longer necessary for other
reasons.
(3) Duration.--The training program shall be updated as
appropriate as technology advances, but at least every 2
years after implementation, and offered for a minimum of 5
years following the date of implementation of the training
program.
(c) Acquisition Workforce Training Fund.--Section
1703(i)(3) of title 41, United States Code, is amended by
striking ``Five percent'' and inserting ``Seven and a half
percent''.
(d) Harmonization of Acquisition Workforce Training
Requirements.--The responsibility for the requirement in
subsection (b)(1) of section 2 of the AI Training Act (Public
Law 117-207; 41 U.S.C. 1703 note) is reassigned from the
Director of the Office of Management and Budget to the
Administrator of General Services.

SEC. 897. INNOVATIVE PROCUREMENT METHODS.

(a) Increase in Simplified Acquisition Threshold.--Section
134 of title 41, United States Code, is amended by striking
``$250,000'' and inserting ``$500,000''.
(b) Advances for Commercial Technology Subscriptions and
Tenancy.--Section 3324(d) of title 31, United States Code, is
amended--
(1) in paragraph (1)(C), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2)--
(A) by inserting ``or commercially available content''
after ``publication''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(3) charges for information and communications technology
subscriptions, reservations, or tenancy, which means the
sharing of computing resources in a private or public
environment, including cloud environments, for which the
ordering agency defines appropriate access and security
standards.''.

SEC. 898. INCREASING COMPETITION IN FEDERAL CONTRACTING.

(a) Use of Past Performance.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall issue
guidance, including examples and templates where appropriate,
on--
(A) when a wider range of projects, such as commercial or
non-government, as well as Government projects, should be
accepted as relevant past performance, in order to have
increased competition among eligible firms with capability to
perform a requirement, such as a requirement without much
precedent;
(B) a means by which an agency may validate non-government
past performance references, such as by requiring an official
of an entity providing past performance references to attest
to their authenticity and by providing verifiable contact
information for the references; and
(C) use of alternative evaluation methods other than past
performance that may be appropriate for a requirement without
much precedent, such as demonstrations and testing of
technologies as part of the proposal process.
(2) Supplement not supplant.--The guidance issued under
paragraph (1) shall supplement, not replace, existing Federal
and agency policy and procedures for consideration of past
performance and other evaluation factors and methods.
(b) Enhancing Competition in Federal Procurement.--
(1) Council recommendations.--Not later than 90 days after
the date of the enactment of this Act, the Administrator
shall convene the Chief Acquisition Officers' Council (in
this section referred to as the ``Council''), to make
recommendations to identify and eliminate specific,
unnecessary procedural barriers that disproportionately
affect the ability of small businesses to compete for Federal
contracts, with a focus on streamlining documentation and
qualification requirements unrelated to the protection of
privacy and civil liberties, and related matters.
(2) Consultation.--The Council shall obtain input from the
public, including from the APEX Accelerators program
(formerly known as Procurement Technical Assistance Center
(PTAC) network) and other contractor representatives, to
identify Federal procurement policies and regulations that
are obsolete, overly burdensome or restrictive, not
adequately harmonized, or otherwise serve to create barriers
to small business participation in Federal contracting or
unnecessarily increase bid and proposal costs.
(3) Examination of actions.--The Council shall consider the
input obtained under paragraph (2) and any other information
determined to be relevant by the Council to identify
legislative, regulatory, and other actions to increase
competition and remove barriers to small business
participation in the procurement process.
(4) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Administrator shall, in
consultation with the Federal Acquisition Regulatory Council,
the Chief Acquisition Officers Council, and other agencies as
appropriate, implement the regulatory and other non-
legislative actions identified under paragraph (3), as
determined necessary by the Administrator, to remove barriers
to entry for small businesses seeking to participate in
Federal Government procurement.
(5) Briefing.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall brief the
relevant committees of Congress on the legislative actions
identified under paragraph (3), and the actions implemented
under paragraph (4).
(c) Consideration of Cost-efficiency and Quality.--The
Administrator shall advocate for and prioritize contracting
policies that ensure that cost-efficiency and quality of
goods and services are key determining factors in awarding
Federal contracts.

SEC. 899. COMPTROLLER GENERAL ASSESSMENT OF SMALL BUSINESS
PARTICIPATION IN FEDERAL PROCUREMENT.

Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress and make publicly available a report
that--
(1) assesses the current level of small business
participation in Federal procurement, identifying barriers,
opportunities, and the impact of existing policies on the
ability of small businesses to compete in Federal
procurement;
(2) catalogs and evaluates the effectiveness of programs
intended to support small business participation in Federal
procurement; and
(3) analyzes trends in small business involvement in
Federal technology projects, including data on contract
awards, the diversity of sectors represented, and the
geographic distribution of small business contractors.

SEC. 899A. CONFLICT OF INTEREST PROCEDURES.

The Federal Acquisition Regulatory Council and the
Administrator shall update the Federal Acquisition Regulation
as necessary to provide additional guidance to Federal
agencies to address personal and organizational conflicts of
interest involving members of the acquisition workforce.

SEC. 899B. NO ADDITIONAL FUNDING.

No additional funds are authorized to be appropriated for
the purpose of carrying out this subtitle.
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