H.R. 1232 — what changed

In this Act:

changed “(a) Presidential appointment or designation of certain Chief Information Officerschief information officers

changed “(1) In general—There shall be within each agency listed in section 901(b)(1) of title 31, other than the Department of Defense, 31 an agency Chief Information Officer. Each agency Chief Information Officer shall—

“(A)

“(i) be appointed by the President; or

“(ii) be designated by the President, in consultation with the head of the agency; and

“(B) be appointed or designated, as applicable, from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, information technology management practices in large governmental or business entities.

changed “(2) Responsibilities—An agency Chief Information Officer appointed or designated under this section shall report directly to the head of the agency and carry out out, on a full-time basis, responsibilities as set forth in this section and in section 3506(a) of title 44 for Chief Information Officers designated under paragraph (2) of such section.”

“(d) Additional authorities for certain CIOs

“(1) Budget-related authority

changed “(A) Planning—The Planning—Notwithstanding any other provision of law, the head of each agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department 31 and in section 102 of Defense, title 5 shall ensure that the Chief Information Officer of the agency has the authority to participate and provide input in decisions regarding the budget planning process related to information technology or programs that include significant information technology components.

changed “(B) Allocation—Amounts Allocation—Notwithstanding any other provision of law, amounts appropriated for any agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department 31 and in section 102 of Defense, title 5 for any fiscal year that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as may be specified by, or approved by, the Chief Information Officer of the agency.agency in consultation with the Chief Financial Officer of the agency and budget officials.

changed “(2) Personnel-related authority—The authority—Notwithstanding any other provision of law, the head of each agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, 31 shall ensure that the Chief Information Officer of the agency has the authority necessary to approve the hiring of personnel who will have information technology responsibilities within the agency and to require that such personnel have the obligation to report to the Chief Information Officer in a manner considered sufficient by the Chief Information Officer.”

changed “(B) Each agency shall have only one individual with the title and designation of “Chief Information Officer”. Any bureau, office, or subordinate organization within the agency may designate one individual with the title “Deputy Chief Information Officer”, “Associate Chief Information Officer”, or “Assistant Chief Information Officer”. The head of the agency shall seek the advice of the Chief Information Officer of the agency in designating or appointing any deputy, associate, or assistant chief information officer within the agency.”Officer”.”

“(d) Lead interagency forum

changed “(1) In general—The Council is designated the lead interagency forum for improving agency coordination of practices related to the design, development, modernization, use, operation, sharing, performance, and review of Federal Government information resources investment. As the lead interagency forum, the Council shall develop cross-agency portfolio management practices to allow and encourage the development of cross-agency shared services and shared platforms. The Council shall also issue standards guidelines and practices for infrastructure and common information technology applications, including expansion of the Federal Enterprise Architecture process if appropriate. The standards guidelines and practices may address broader transparency, common inputs, common outputs, and outcomes achieved. The standards guidelines and practices shall be used as a basis for comparing performance across diverse missions and operations in various agencies.

“(2) Report—Not later than December 1 in each of the 6 years following the date of the enactment of this paragraph, the Council shall submit to the relevant congressional committees a report (to be known as the “CIO Council Report”) summarizing the Council’s activities in the preceding fiscal year and containing such recommendations for further congressional action to fulfill its mission as the Council considers appropriate.

“(3) Relevant congressional committees—For purposes of the report required by paragraph (2), the relevant congressional committees are each of the following:

“(A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.

“(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.”

changed “(8) Direct Assist the Administrator in developing and providing guidance for effective operations of the Federal Infrastructure and Common Application Collaboration Center established authorized under section 11501 of title 40.”

In this title:

added “3312. Requirement for business case approval for new Governmentwide contracts

added “(a) In general—An executive agency may not issue a solicitation for a covered Governmentwide contract unless the agency performs a business case analysis for the contract and obtains an approval of the business case analysis from the Administrator for Federal Procurement Policy.

added “(b) Review of business case analysis

added “(1) In general—With respect to any covered Governmentwide contract, the Administrator for Federal Procurement Policy shall review the business case analysis submitted for the contract and provide an approval or disapproval within 60 days after the date of submission. Any business case analysis not disapproved within such 60-day period is deemed to be approved.

added “(2) Basis for approval of business case—The Administrator for Federal Procurement Policy shall approve or disapprove a business case analysis based on the adequacy of the analysis submitted. The Administrator shall give primary consideration to whether an agency has demonstrated a compelling need that cannot be satisfied by existing Governmentwide contract in a timely and cost-effective manner.

added “(c) Content of business case analysis—The Administrator for Federal Procurement Policy shall issue guidance specifying the content for a business case analysis submitted pursuant to this section. At a minimum, the business case analysis shall include details on the administrative resources needed for such contract, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such contract and the impact such contract will have on the ability of the Federal Government to leverage its purchasing power.

added “(b) Definitions—In this section:

added “(1) Covered Governmentwide contract—The term “covered Governmentwide contract” means any contract, blanket purchase agreement, or other contractual instrument for acquisition of information technology or other goods or services that allows for an indefinite number of orders to be placed under the contract, agreement, or instrument, and that is established by one executive agency for use by multiple executive agencies to obtain goods or services. The term does not include—

added “(A) a multiple award schedule contract awarded by the General Services Administration;

added “(B) a Governmentwide acquisition contract for information technology awarded pursuant to sections 11302(e) and 11314(a)(2) of title 40;

added “(C) orders under Governmentwide contracts in existence before the effective date of this section; or

added “(D) any contract in an amount less than $10,000,000, determined on an average annual basis.

added “(2) Executive agency—The term “executive agency” has the meaning provided that term by section 105 of title 5.”

“115 Information Technology Acquisition Management Practices

changed “11501. Federal Infrastructure and Common Application Collaboration CenterPilot program on interagency collaboration

changed “(a) Establishment and Purposes—The Requirement to conduct pilot program—The Director of the Office of Management and Budget shall establish conduct a Federal Infrastructure and Common Application Collaboration Center (hereafter in this section referred to as the “Collaboration Center”) within the Office of Management and Budget three-year pilot program in accordance with this section. The purposes of the Collaboration Center are to serve as a focal point for coordinated program management practices and to develop and maintain requirements of this section to test alternative approaches for the acquisition management of IT infrastructure and common applications commonly used information technology by various Federal executive agencies.

changed “(b) Organization Establishment and purposes—For purposes of Centerthe pilot program, the Director of the Office of Management and Budget shall establish a Federal Infrastructure and Common Application Collaboration Center (hereafter in this section referred to as the “Collaboration Center”) within the Office of Electronic Government established under section 3602 of title 44. The purpose of the Collaboration Center is to serve as a resource for Federal agencies, available on an optional-use basis, to assist and promote coordinated program management practices and to develop and maintain requirements for the acquisition of IT infrastructure and common applications commonly used by various Federal agencies.

added “(c) Organization of center

“(1) Membership—The Center shall consist of the following members:

“(A) An appropriate number, as determined by the CIO Council, but not less than 12, full-time program managers or cost specialists, all of whom have appropriate experience in the private or Government sector in managing or overseeing acquisitions of IT infrastructure and common applications.

removed “(B) At least 1 full-time detailee from each of the Federal agencies listed in section 901(b) of title 31, nominated by the respective agency chief information officer for a detail period of not less than 2 years.

changed “(2) Working groups—The Collaboration Center shall have working groups that specialize “(B) At least 1 full-time detailee from each of the Federal agencies listed in IT infrastructure and common applications identified section 901(b) of title 31, nominated by the CIO Council. Each working group shall be headed by respective agency chief information officer for a separate dedicated program manager appointed by the CIO Council.detail period of not less than 1 year.

changed “(c) Capabilities and functions of the collaboration center—For each of the “(2) Working groups—The Collaboration Center shall have working groups that specialize in IT infrastructure and common application areas applications identified by the CIO Council, the Collaboration Center Council. Each working group shall perform the following roles, and any other functions as directed be headed by a separate dedicated program manager appointed by the CIO Council:Federal Chief Information Officer.

changed “(1) Develop, maintain, “(d) Capabilities and disseminate requirements suitable to establish contracts that will meet functions of the common and general needs collaboration center—For each of various Federal agencies as determined the IT infrastructure and common application areas identified by the Center. In doing so, CIO Council, the Collaboration Center shall give maximum consideration to perform the adoption of commercial standards and industry acquisition best practices, including opportunities for shared services, consideration of total cost of ownership, preference for industry-neutral functional specifications leveraging open industry standards and competition, use of open source software, following roles, and use of long-term contracts, any other functions as appropriate.directed by the Federal Chief Information Officer:

changed “(2) “(1) Develop, maintain, and disseminate reliable cost estimates requirements suitable to establish contracts that are accurate, comprehensive, well-documented, will meet the common and credible.general needs of various Federal agencies as determined by the Center. In doing so, the Center shall give maximum consideration to the adoption of commercial standards and industry acquisition best practices, including opportunities for shared services, consideration of total cost of ownership, preference for industry-neutral functional specifications leveraging open industry standards and competition, and use of long-term contracts, as appropriate.

added “(2) Develop, maintain, and disseminate reliable cost estimates.

“(3) Lead the review of significant or troubled IT investments or acquisitions as identified by the CIO Council.

“(4) Provide expert aid to troubled IT investments or acquisitions.

removed “(d) Guidance—The Director, in consultation with the Chief Information Officers Council, shall issue guidance addressing the scope and operation of the Collaboration Center. The guidance shall require that the Collaboration Center report to the Federal Chief Information Officer or his delegate.

changed “(e) Report to congress—The Director shall annually submit to Guidance—The Director, in consultation with the relevant congressional committees a report detailing Chief Information Officers Council, shall issue guidance addressing the organization, staff, scope and activities operation of the Collaboration Center, including a list of IT infrastructure and common applications Center. The guidance shall require that the collaboration Center assisted and an assessment of the Center's achievement in promoting efficiency, shared services, and elimination of unnecessary Government requirements that are contrary report to commercial best practices.the Federal Chief Information Officer.

changed “(f) Improvement of the DOD enterprise software initiative and GSA smartbuy programReport to congress

changed “(1) In general—The Collaboration Center, in collaboration with the Office of Federal Procurement Policy, the Department of Defense, and the General Services Administration, Director shall identify and develop a strategic sourcing initiative annually submit to enhance Governmentwide acquisition, shared use, the relevant congressional committees a report detailing the organization, staff, and dissemination activities of software, as well as compliance with end user license agreements.the Collaboration Center, including—

changed “(2) Examination of methods—In developing the strategic sourcing initiative, the Collaboration Center shall examine the use “(A) a list of realistic and effective demand aggregation models supported by actual agency commitment to use the models, IT infrastructure and supplier relationship management practices, to more effectively govern common applications the Government’s acquisition of information technology.Center assisted;

changed “(3) Governmentwide user license agreement—The Collaboration Center, in coordination with the Department of Defense and the General Services Administration, shall issue guidelines for establishing a Governmentwide contract vehicle that allows for the purchase “(B) an assessment of a license agreement that is available for use by all executive agencies as one user. To the maximum extent practicable, Center’s achievement in establishing the Governmentwide contract vehicle, the Collaboration Center shall pursue direct negotiation promoting efficiency, shared services, and contracting with major software publishers as prime contractors.elimination of unnecessary Government requirements that are contrary to commercial best practices; and

added “(C) the use and expenditure of amounts in the Fund established under subsection (i).

added “(2) Inclusion in other report—The report may be included as part of the annual E-Government status report required under section 3606 of title 44.

“(g) Guidelines for acquisition of IT infrastructure and common applications

“(1) Guidelines—The Collaboration Center shall establish guidelines that, to the maximum extent possible, eliminate inconsistent practices among executive agencies and ensure uniformity and consistency in acquisition processes for IT infrastructure and common applications across the Federal Government.

“(2) Central website—In preparing the guidelines, the Collaboration Center, in consultation with the Chief Acquisition Officers Council, shall offer executive agencies the option of accessing a central website for best practices, templates, and other relevant information.

removed “(h) Pricing transparency—The Collaboration Center, in collaboration with the Office of Federal Procurement Policy, the Chief Acquisition Officers Council, the General Services Administration, and the Assisted Acquisition Centers of Excellence, shall compile a price list and catalogue containing current pricing information by vendor for each of its IT infrastructure and common applications categories. The price catalogue shall contain any price provided by a vendor for the same or similar good or service to any executive agency. The catalogue shall be developed in a fashion ensuring that it may be used for pricing comparisons and pricing analysis using standard data formats. The price catalogue shall not be made public, but shall be accessible to executive agencies.

removed “(i) Federal IT acquisition management improvement fund

changed “(1) Establishment and management “(h) Pricing transparency—The Collaboration Center, in collaboration with the Office of fund—There is a Federal IT Procurement Policy, the Chief Acquisition Management Improvement Fund (in this subsection referred to as Officers Council, the “Fund”). The Administrator of General Services shall manage the Fund through the Collaboration Center to support Administration, and the activities Assisted Acquisition Centers of Excellence, shall compile a price list and catalogue containing current pricing information by vendor for each of its IT infrastructure and common applications categories. The price catalogue shall contain any price provided by a vendor in a contract awarded for the Collaboration Center carried out pursuant same or similar good or service to this section. any executive agency. The Administrator of General Services catalogue shall consult with the Director be developed in managing the Fund.a fashion ensuring that it may be used for pricing comparisons and pricing analysis using standard data formats. The price catalogue shall not be made public, but shall be accessible to executive agencies.

changed “(2) Credits “(i) Authorization to Fund—Five use fund—In any fiscal year, notwithstanding section 321(c) of title 40, up to five percent of the fees collected by executive agencies during the prior fiscal year under the following multiple award schedule contracts shall be entered into by the Administrator of General Services and credited to the Fund:Acquisition Services Fund under section 321 of title 40, may be used to fund the activities of the Collaboration Center. Each fiscal year, the Director, in consultation with the Federal Chief Information Officer, shall determine an appropriate amount needed to operate the Collaboration Center and the Administrator of General Services shall transfer amounts only to the extent and in such amounts as are provided in advance in appropriation acts from the Fund to the Director for the Center.

removed “(A) Governmentwide task and delivery order contracts entered into under sections 4103 and 4105 of title 41.

removed “(B) Governmentwide contracts for the acquisition of information technology and multiagency acquisition contracts for that technology authorized by section 11314 of this title.

removed “(C) Multiple-award schedule contracts entered into by the Administrator of General Services.

removed “(3) Remittance by head of executive agency—The head of an executive agency that administers a contract described in paragraph (2) shall remit to the General Services Administration the amount required to be credited to the Fund with respect to the contract at the end of each quarter of the fiscal year.

removed “(4) Amounts not to be used for other purposes—The Administrator of General Services, through the Office of Management and Budget, shall ensure that amounts collected under this subsection are not used for a purpose other than the activities of the Collaboration Center carried out pursuant to this section.

removed “(5) Availability of amounts—Amounts credited to the Fund remain available to be expended only in the fiscal year for which they are credited and the 4 succeeding fiscal years.

“(j) Definitions—In this section:

“(1) Executive agency—The term “executive agency” has the meaning provided that term by section 105 of title 5.

added “(2) Federal chief information officer—The term “Federal Chief Information Officer” means the Administrator of the Office of Electronic Government established under section 3602 of title 44.

removed “(2) Governmentwide contract vehicle—The term “Governmentwide contract vehicle” means any contract, blanket purchase agreement, or other contractual instrument that allows for an indefinite number of orders to be placed within the contract, agreement, or instrument, and that is established by one executive agency for use by multiple executive agencies to obtain supplies and services.

“(3) Relevant congressional committees—The term “relevant congressional committees” means each of the following:

“(A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.

added “(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.”

removed “(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.

removed “(k) Revision of FAR—The Federal Acquisition Regulation shall be amended to implement this section.”

added “(3) all of the functions of the Federal Infrastructure and Common Application Collaboration Center, as required under section 11501 of title 40; and”

changed “11502. Assisted Acquisition Centers acquisition centers of Excellenceexcellence

changed “(a) Purpose—The purpose of this section is to develop specialized assisted acquisition centers of excellence within the Federal Government to serve as a resource for Federal agencies, available on an optional-use basis, to assist and promote—

“(1) the effective use of best acquisition practices;

“(2) the development of specialized expertise in the acquisition of information technology; and

“(3) Governmentwide sharing of acquisition capability to augment any shortage in the information technology acquisition workforce.

changed “(b) Designation of AACEs—Not later than 1 year after the date of the enactment of this section, and every 3 years thereafter, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Information Officers Council, shall designate, redesignate, or withdraw the designation of acquisition centers of excellence within various executive agencies to carry out the functions set forth in subsection (c) (d) in an area of specialized acquisition expertise as determined by the Director. Each such center of excellence shall be known as an “Assisted Acquisition Center of Excellence” or an “AACE”.

changed “(c) Functions—The functions Use of each AACE are as follows:existing authority—This section provides no new authority to establish a franchise fund or revolving fund.

added “(d) Functions—The functions of each AACE are as follows:

“(1) Best practices—To promote, develop, and implement the use of best acquisition practices in the area of specialized acquisition expertise that the AACE is designated to carry out by the Director under subsection (b).

added “(2) Assisted acquisitions—To assist all Government agencies in the expedient, strategic, and cost-effective acquisition of the information technology goods or services covered by such area of specialized acquisition expertise by engaging in repeated and frequent acquisition of similar information technology requirements.

removed “(2) Assisted acquisitions—To assist all Government agencies in the expedient and low-cost acquisition of the information technology goods or services covered by such area of specialized acquisition expertise by engaging in repeated and frequent acquisition of similar information technology requirements.

“(3) Development and training of IT acquisition workforce—To assist in recruiting and training IT acquisition cadres (referred to in section 1704(j) of title 41).

added “(e) Criteria—In designating, redesignating, or withdrawing the designation of an AACE, the Director shall consider, at a minimum, the following matters:

removed “(d) Criteria—In designating, redesignating, or withdrawing the designation of an AACE, the Director shall consider, at a minimum, the following matters:

“(1) The subject matter expertise of the host agency in a specific area of information technology acquisition.

added “(2) For acquisitions of IT infrastructure and common applications covered by the Federal Infrastructure and Common Application Collaboration Center authorized under section 11501 of this title, the ability and willingness to collaborate with the Collaboration Center and adhere to the requirements standards established by the Collaboration Center.

removed “(2) For acquisitions of IT infrastructure and common applications covered by the Federal Infrastructure and Common Application Collaboration Center established under section 11501 of this title, the ability and willingness to collaborate with the Collaboration Center and adhere to the requirements standards established by the Collaboration Center.

“(3) The ability of an AACE to develop customized requirements documents that meet the needs of executive agencies as well as the current industry standards and commercial best practices.

“(4) The ability of an AACE to consistently award and manage various contracts, task or delivery orders, and other acquisition arrangements in a timely, cost-effective, and compliant manner.

“(5) The ability of an AACE to aggregate demands from multiple executive agencies for similar information technology goods or services and fulfill those demands in one acquisition.

“(6) The ability of an AACE to acquire innovative or emerging commercial and noncommercial technologies using various contracting methods, including ways to lower the entry barriers for small businesses with limited Government contracting experiences.

added “(7) The ability of an AACE to maximize commercial item acquisition, effectively manage high-risk contract types, increase competition, promote small business participation, and maximize use of available Governmentwide contracts.

removed “(7) The ability of an AACE to maximize commercial item acquisition, effectively manage high-risk contract types, increase competition, promote small business participation, and maximize use of available Governmentwide contract vehicles.

“(8) The existence of an in-house cost estimating group with expertise to consistently develop reliable cost estimates that are accurate, comprehensive, well-documented, and credible.

“(9) The ability of an AACE to employ best practices and educate requesting agencies, to the maximum extent practicable, regarding critical factors underlying successful major IT acquisitions, including the following factors:

“(A) Active engagement by program officials with stakeholders.

“(B) Possession by program staff of the necessary knowledge and skills.

“(C) Support of the programs by senior department and agency executives.

“(D) Involvement by end users and stakeholders in the development of requirements.

“(E) Participation by end users in testing of system functionality prior to formal end user acceptance testing.

“(F) Stability and consistency of Government and contractor staff.

“(G) Prioritization of requirements by program staff.

“(H) Maintenance of regular communication with the prime contractor by program officials.

“(I) Receipt of sufficient funding by programs.

“(10) The ability of an AACE to run an effective acquisition intern program in collaboration with the Federal Acquisition Institute or the Defense Acquisition University.

“(11) The ability of an AACE to effectively and properly manage fees received for assisted acquisitions pursuant to this section.

added “(f) Funds received by AACEs

removed “(e) Funds received by AACEs

“(1) Availability—Notwithstanding any other provision of law or regulation, funds obligated and transferred from an executive agency in a fiscal year to an AACE for the acquisition of goods or services covered by an area of specialized acquisition expertise of an AACE, regardless of whether the requirements are severable or non-severable, shall remain available for awards of contracts by the AACE for the same general requirements for the next 5 fiscal years following the fiscal year in which the funds were transferred.

added “(2) Transition to new AACE—If the AACE to which the funds are provided under paragraph (1) becomes unable to fulfill the requirements of the executive agency from which the funds were provided, the funds may be provided to a different AACE to fulfill such requirements. The funds so provided shall be used for the same purpose and remain available for the same period of time as applied when provided to the original AACE.

removed “(2) Additional transfer authority—If the AACE to which the funds are transferred under paragraph (1) becomes unable to fulfill the requirements of the executive agency from which the funds were transferred, the funds may be transferred to a different AACE to fulfill such requirements. The funds so transferred shall be used for the same purpose and remain available for the same period of time as applied when transferred to the original AACE.

“(3) Relationship to existing authorities—This subsection does not limit any existing authorities an AACE may have under its revolving or working capital funds authorities.

removed “(f) Government Accountability Office review of AACE

changed “(1) Review—The Comptroller General of the United States shall “(g) Government accountability office review and assess the use and management of fees received by the AACEs pursuant to this section to ensure that an appropriate fee structure is established and enforced to cover activities addressed in this section and that no excess fees are charged or retained.AACE

added “(1) Review—The Comptroller General of the United States shall review and assess—

added “(A) the use and management of fees received by the AACEs pursuant to this section to ensure that an appropriate fee structure is established and enforced to cover activities addressed in this section and that no excess fees are charged or retained; and

added “(B) the effectiveness of the AACEs in achieving the purpose described in subsection (a), including review of contracts.

“(2) Reports—Not later than 1 year after the designation or redesignation of AACES under subsection (b), the Comptroller General shall submit to the relevant congressional committees a report containing the findings and assessment under paragraph (1).

added “(h) Definitions—In this section:

removed “(g) Definitions—In this section:

“(1) Assisted acquisition—The term “assisted acquisition” means a type of interagency acquisition in which the parties enter into an interagency agreement pursuant to which—

“(A) the servicing agency performs acquisition activities on the requesting agency’s behalf, such as awarding, administering, or closing out a contract, task order, delivery order, or blanket purchase agreement; and

“(B) funding is provided through a franchise fund, the Acquisition Services Fund in section 321 of this title, sections 1535 and 1536 of title 31, or other available methods.

“(2) Executive agency—The term “executive agency” has the meaning provided that term by section 133 of title 41.

“(3) Relevant congressional committees—The term “relevant congressional committees” has the meaning provided that term by section 11501 of this title.

added “(i) Revision of FAR—The Federal Acquisition Regulation shall be amended to implement this section.”

removed “(h) Revision of FAR—The Federal Acquisition Regulation shall be amended to implement this section.”

“(j) Strategic plan on information technology acquisition cadres

changed “(1) Five-year strategic plan to Congress—Not congress—Not later than June 1 following the date of the enactment of this subsection, the Director shall submit to the relevant congressional committees a 5-year strategic plan (to be known as the “IT Acquisition Cadres Strategic Plan”) to develop, strengthen, and solidify information technology acquisition cadres. The plan shall include a timeline for implementation of the plan and identification of individuals responsible for specific elements of the plan during the 5-year period covered by the plan.

“(2) Matters covered—The plan shall address, at a minimum, the following matters:

“(A) Current information technology acquisition staffing challenges in Federal agencies, by previous year’s information technology acquisition value, and by the Federal Government as a whole.

“(B) The variety and complexity of information technology acquisitions conducted by each Federal agency covered by the plan, and the specialized information technology acquisition workforce needed to effectively carry out such acquisitions.

“(C) The development of a sustainable funding model to support efforts to hire, retain, and train an information technology acquisition cadre of appropriate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a discussion of how the model of the Defense Acquisition Workforce Development Fund could be applied to civilian agencies.

“(D) Any strategic human capital planning necessary to hire, retain, and train an information acquisition cadre of appropriate size and skill at each Federal agency covered by the plan.

“(E) Governmentwide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal information technology acquisition cadre within the Federal agencies covered by the plan.

“(F) New and innovative approaches to workforce development and training, including cross-functional training, rotational development, and assignments both within and outside the Government.

“(G) Appropriate consideration and alignment with the needs and priorities of the Infrastructure and Common Application Collaboration Center, Assisted Acquisition Centers of Excellence, and acquisition intern programs.

“(H) Assessment of the current workforce competency and usage trends in evaluation technique to obtain best value, including proper handling of tradeoffs between price and nonprice factors.

“(I) Assessment of the current workforce competency in designing and aligning performance goals, life cycle costs, and contract incentives.

“(J) Assessment of the current workforce competency in avoiding brand-name preference and using industry-neutral functional specifications to leverage open industry standards and competition.

“(K) Use of integrated program teams, including fully dedicated program managers, for each complex information technology investment.

“(L) Proper assignment of recognition or accountability to the members of an integrated program team for both individual functional goals and overall program success or failure.

“(M) The development of a technology fellows program that includes provisions for recruiting, for rotation of assignments, and for partnering directly with universities with well-recognized information technology programs.

“(N) The capability to properly manage other transaction authority (where such authority is granted), including ensuring that the use of the authority is warranted due to unique technical challenges, rapid adoption of innovative or emerging commercial or noncommercial technologies, or other circumstances that cannot readily be satisfied using a contract, grant, or cooperative agreement in accordance with applicable law and the Federal Acquisition Regulation.

changed “(O) Any other matters The use of student internship and scholarship programs as a talent pool for permanent hires and the Director considers appropriate.use and impact of special hiring authorities and flexibilities to recruit diverse candidates.

added “(P) The assessment of hiring manager satisfaction with the hiring process and hiring outcomes, including satisfaction with the quality of applicants interviewed and hires made.

added “(Q) The assessment of applicant satisfaction with the hiring process, including the clarity of the hiring announcement, the user-friendliness of the application process, communication from the hiring manager or agency regarding application status, and timeliness of the hiring decision.

added “(R) The assessment of new hire satisfaction with the onboarding process, including the orientation process, and investment in training and development for employees during their first year of employment.

added “(S) Any other matters the Director considers appropriate.

“(3) Annual report—Not later than June 1 in each of the 5 years following the year of submission of the plan required by paragraph (1), the Director shall submit to the relevant congressional committees an annual report outlining the progress made pursuant to the plan.

“(4) Government accountability office review of the plan and annual report

“(A) Not later than 1 year after the submission of the plan required by paragraph (1), the Comptroller General of the United States shall review the plan and submit to the relevant congressional committees a report on the review.

“(B) Not later than 6 months after the submission of the first, third, and fifth annual report required under paragraph (3), the Comptroller General shall independently assess the findings of the annual report and brief the relevant congressional committees on the Comptroller General’s findings and recommendations to ensure the objectives of the plan are accomplished.

“(5) Definitions—In this subsection:

“(A) The term “Federal agency” means each agency listed in section 901(b) of title 31.

“(B) The term “relevant congressional committees” means each of the following:

“(i) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives.

“(ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.”

removed Section 3306(d) of title 41, United States Code, is amended—

removed “(3) stating in the solicitation that the award will be made using a fixed price technical competition, under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation.”

added Section 3306(d) of title 41, United States Code, is amended—

removed “(2) Public availability

removed “(A) In general—The Director shall make available to the public the cost, schedule, and performance data for at least 80 percent (by dollar value) of all information technology investments Governmentwide, and 60 percent (by dollar value) of all information technology investments in each Federal agency listed in section 901(b) of title 31. The Director shall ensure that the information is current, accurate, and reflects the risks associated with each covered information technology investment.

removed “(B) Waiver or limitation authority—The applicability of subparagraph (A) may be waived or the extent of the information may be limited—

removed “(i) by the Director, with respect to IT investments Governmentwide; and

removed “(ii) by the Chief Information Officer of a Federal agency, with respect to IT investments in that agency;”

added “(3) stating in the solicitation that the award will be made using a fixed price technical competition, under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation.”

added “(2) Public availability

added “(A) In general—The Director shall make available to the public the cost, schedule, and performance data for all of the IT investments listed in subparagraph (B), notwithstanding whether the investments are for new IT acquisitions or for operations and maintenance of existing IT.

added “(B) Investments listed—The investments listed in this subparagraph are the following:

added “(i) At least 80 percent (by dollar value) of all information technology investments Governmentwide.

added “(ii) At least 60 percent (by dollar value) of all information technology investments in each Federal agency listed in section 901(b) of title 31.

added “(iii) Every major information technology investment (as defined by the Office of Management and Budget) in each Federal agency listed in section 901(b) of title 31.

added “(C) Quarterly review and certification—For each investment listed in subparagraph (B), the agency Chief Information Officer and the program manager of the investment within the agency shall certify, at least once every quarter, that the information is current, accurate, and reflects the risks associated with each listed investment. The Director shall conduct quarterly reviews and publicly identify agencies with an incomplete certification or with significant data quality issues.

added “(D) Continuous availability—The information required under subparagraph (A), in its most updated form, shall be publicly available at all times.

added “(E) Waiver or limitation authority—The applicability of subparagraph (A) may be waived or the extent of the information may be limited—

added “(i) by the Director, with respect to IT investments Governmentwide; and

added “(ii) by the Chief Information Officer of a Federal agency, with respect to IT investments in that agency;”

removed Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.

added Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.