US Codex
Bill
Notes

H.R. 4123 — what changed

Federal Improvement in Technology Procurement Act

From Introduced in House to Engrossed in House. 7 sections amended and 1 added between Introduced in House and Engrossed in House.

Sec. 2 Definitions

In this Act:

(1)
changed Acquisition workforce— The term acquisition workforce “acquisition workforce” means employees of an executive agency who are responsible for procurement, contracting, or program or project management that involves the performance of acquisition-related functions, functions or others other employees as designated by the Chief Acquisition Officer, senior procurement executive, or head of the contracting activity.
(2)
changed Administrator— The term Administrator “Administrator” means the Administrator for Federal Procurement Policy.
(3)
changed Chief Acquisition Officer— The term Chief “Chief Acquisition Officer Officer” means a Chief Acquisition Officer appointed pursuant to section 1702 1702(a) of title 41, United States Code.
(4)
changed Cross-functional— The term cross-functional “cross-functional” means a structure in which individuals with different functional expertise or from different areas of an organization work together as a team.
(5)
changed Executive agency— The term executive agency “executive agency” has the meaning given the that term in section 133 of title 41, United States Code.
(6)
changed Experiential learning— The term experiential learning “experiential learning” means on-the-job experiences or simulations that serve to enhance workforce professional skills.
(7)
changed Information and communications technology— The term information “information and communications technology—technology”—
(A)
changed has the meaning given the that term in section 4713(k) of title 41, United States Code; and
(B)
includes information and communications technologies covered by any definition contained in the Federal Acquisition Regulation, including a definition added after the date of the enactment of this Act by the Federal Acquisition Regulatory Council pursuant to notice and comment.
(8)
changed Relevant committees of congress—Congress— The term relevant “relevant committees of Congress Congress” means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
(9)
changed Senior procurement executive— The term senior “senior procurement executive executive” means a senior procurement executive designated pursuant to section 1702(c) 1702(c)(1) of title 41, United States Code.
(10)
changed Small business— The term small business “small business” has the meaning given the term small “small business concern concern” in section 3 of the Small Business Act (15 U.S.C. 632).

Sec. 3 Acquisition workforce

(a)
changed Experiential learning— Not later than 18 months after the date of the enactment of this Act, the Director of the Federal Acquisition Institute shall may establish a pilot program to consider the incorporation of experiential learning into the Federal Credentials Program, the Federal Acquisition Certification-Contracting Certification for Contracting Officer’s Representative Program, and Representatives program, the Federal Acquisition Certification for Program and Project Managers Program, program, or any successor program.
(b)
Training on information and communications technology acquisition—
(1)
changed In general— Not later than 18 months after the date of the enactment of this Act, the Director of the Federal Acquisition Institute, in coordination with the Administrator, the Administrator of General Services, and the Administrator of the Office of Electronic Government, and in consultation with the heads of other executive agencies as determined to be appropriate by the Director of the Federal Acquisition Institute, shall may develop and implement or otherwise provide a cross-functional information and communications technology acquisition training program for members of the acquisition workforce members involved in acquiring information and communications technology. The training technology that shall do the following:
(A)
changed 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.following:
(i)
added Market research.
(ii)
added Communicating with and considering industry perspectives on the procurement process, including how investment decisions are impacted by Government communication and engagement.
(iii)
added Developing requirements, acquisition planning, best practices for developing and executing outcome-based contracts, and source selection strategy.
(iv)
added Evaluating proposals.
(v)
added Awarding and administering contracts for information and communications technology.
(B)
changed Include learning objectives that provide a basic understanding of key technologies that executive 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 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 determined to be relevant by the Director of the Federal Acquisition Institute.
(E)
changed Include experiential learning opportunities, opportunities and opportunities to practice collaborative acquisition teaming strategies involving collaboration of team members with varied relevant domain expertise to complete acquisition-related tasks, including tasks with accelerated timelines.
(F)
changed Include continuous learning recommendations and resources to keep the skills of members of the 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)
changed Be made available to members of the acquisition workforce members designated by a Chief Acquisition Officer, senior procurement executive, or head of the contracting activity to participate in the training program.
(H)
changed Inform executive agencies about streamlined and alternative procurement methods for the procurement of information and communications technology, including—including the following:
(i)
changed simplified 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;partnerships.
(ii)
changed innovative Innovative procurement techniques designed to streamline the procurement process and lower barriers to entry, such as the 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; andportals.
(iii)
changed information 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 and techniques described in clauses (i) and (ii).
(I)
changed Incorporate learning objectives to identify and mitigate waste, fraud, and abuse and ensure the protection of established privacy, privacy rights, civil rights, and civil liberties in 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)
changed a report on the progress of the Director in developing and implementing or otherwise providing the information and communications technology acquisition training program described in paragraph (1); and
(B)
a list of any acquisition training that the Director determines to be outdated or no longer necessary.
(3)
changed Duration— The training program shall described in paragraph (1) may be updated as appropriate, but at least appropriate (but not less frequently than once every 2 years after implementation, implementation), and offered for a minimum of not less than 6 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— Section 2 of the Artificial Intelligence Training for the Acquisition Workforce Act (Public Law 117–207; 41 U.S.C. 1703 note) is amended—
(1)
changed in subsection (a)(4), by striking “Director.—The term Director “Director” means the Director of the Office of Management and Budget.” and inserting “Administrator.—The term Administrator “Administrator” means the Administrator of General Services.”.Services.”; and
(2)
in subsection (b)—
(A)
in paragraph (1), by striking “Director, in coordination with the Administrator of General Services and any other person determined relevant by the Director” and inserting “Administrator, in coordination with the Director of the Office of Management and Budget”;
(B)
in paragraph (4), by striking “Director” and inserting “Administrator”;
(C)
in paragraph (5), by striking “Director” and inserting “Administrator”; and
(D)
in paragraph (6), by striking “Director” and inserting “Administrator”.

Sec. 4 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)
changed Increase in micro purchase threshold—Simplified procedures for small purchases— Section 1902(a)(1) 1901(a)(2) of title 41, United States Code, is amended by striking “$10,000” “$5,000,000” and inserting “$25,000.”.“$10,000,000”.
(c)
added Increase in micro purchase threshold— Section 1902(a)(1) of title 41, United States Code, is amended by striking “$10,000” and inserting “$25,000”.
(d)
renumbered was (4) Advances for commercial technology subscriptions and tenancy— Section 3324(d) of title 31, United States Code, is amended—
(1)
renumbered was (4)(3) in paragraph (1)(C), by striking “; and” and inserting a semicolon;
(2)
renumbered was (4)(4) in paragraph (2)—
(A)
renumbered was (4)(4)(2) by inserting “or commercially available content” after “publication”; and
(B)
renumbered was (4)(4)(3) by striking the period at the end and inserting “; and”; and
(3)
renumbered was (4)(5) 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. 5 Adjustments to certain acquisition thresholds

(a)
added Major program— Section 109 of title 41, United States Code, is amended—
(a)
removed Use of past performance—
(1)
removed 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)
removed 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)
removed 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)
removed 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.
(1)
changed Supplement not supplant— The guidance issued under paragraph (1) shall supplement existing Federal and agency policy and procedures for consideration of past performance and other evaluation factors and methods.in subsection (b)(1)—
(A)
added by striking “$75,000,000 (based on fiscal year 1980 constant dollars)” and inserting “$275,000,000 (based on fiscal year 2024 dollars)”; and
(B)
added by striking “$300,000,000 (based on fiscal year 1980 constant dollars)” and inserting “$1,300,000,000 (based on fiscal year 2024 dollars)”; and
(2)
added in subsection (b)(2), by striking “$750,000 (based on fiscal year 1980 constant dollars)” and inserting “$2,000,000 (based on fiscal year 2024 dollars)”.
(b)
added Modifications to submissions of cost or pricing data— Section 3502(a) of title 41, United States Code, is amended—
(b)
removed Enhancing competition in Federal procurement—
(1)
removed 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.
(1)
changed Consultation— The Council shall obtain input from the public, including from the APEX Accelerators program (formerly known as Procurement Technical Assistance Center 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.paragraph (1)—
(A)
added by striking “2018” each place it appears and inserting “2026”;
(B)
added in subparagraph (A), by striking “$2,000,000” and inserting “$10,000,000”; and
(C)
added in subparagraph (B), by striking “$750,000” and inserting “$2,000,000”;
(2)
changed 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.paragraph (2)—
(A)
added in subparagraph (A), by striking “$2,000,000” and inserting “$10,000,000”;
(B)
added in subparagraph (B), by striking “$750,000” and inserting “$2,000,000”; and
(C)
added in subparagraph (C), by striking “$750,000” and inserting “$2,000,000”; and
(3)
changed Implementation— Not later than 2 years after the date of the enactment of this Act, the Administrator, in consultation with the Federal Acquisition Regulatory Council, the Chief Acquisition Officers Council, and other executive agencies as appropriate, shall implement the regulatory and other non-legislative actions identified under paragraph (3), as determined necessary by striking “chapter and—” and all that follows and inserting the Administrator, to remove barriers to entry for small businesses seeking to participate in Federal Government procurement.following:

added “(A) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or

added “(B) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.”

(5)
removed 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)
removed 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. 6 Increasing competition in Federal contracting

(a)
added Use of past performance—
(1)
added 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 the following:
(A)
added When a wider range of projects, including commercial, non-government, and 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)
added A means by which an agency may validate non-government past performance references, such as by requiring an official of an entity that provides past performance references to attest to their authenticity and by providing verifiable contact information for the references.
(C)
added Any 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)
added Supplement not supplant— The guidance required by paragraph (1) shall supplement existing Federal and agency policy and procedures for consideration of past performance and other evaluation factors and methods.
(b)
added Enhancing competition in Federal procurement—
(1)
added 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 subsection 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 rights and civil liberties.
(2)
added Consultation— The Council shall obtain input from the public, including from the APEX Accelerators program (formerly known as Procurement Technical Assistance Center 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 the participation of small businesses in Federal contracting or unnecessarily increase bid and proposal costs.
(3)
added Examination of actions— The Council shall consider the input obtained under paragraph (2) and any other information determined relevant by the Council to identify legislative, regulatory, and other actions to increase competition and remove barriers to the participation of small businesses in Federal contracting.
(4)
added Implementation— Not later than 2 years after the date of the enactment of this Act, the Administrator, in consultation with the Federal Acquisition Regulatory Council, the Council, and other executive agencies as appropriate, shall 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 contracting.
(5)
added 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).

removed 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)
removed 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;
(c)
changed Consideration of cost-efficiency and quality— catalogs The Administrator shall advocate for and evaluates the effectiveness prioritize contracting policies that ensure that cost-efficiency and quality of programs intended to support small business participation goods and services are key determining factors in awarding Federal procurement; andcontracts.
(3)
removed 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. 7 Comptroller general assessment of small business participation in Federal procurement

changed The Federal Acquisition Regulatory Council and Not later than 18 months after the Administrator shall update date of the Federal Acquisition Regulation as necessary to provide additional guidance to executive agencies to address personal and organizational conflicts enactment of interest involving members this Act, the Comptroller General of the acquisition workforce.United States shall submit to the relevant committees of Congress and make publicly available a report that does the following:

(1)
added Assesses the level of participation by small businesses in Federal procurement.
(2)
added Identifies barriers and opportunities and the impact of policies on the ability of small businesses to compete in Federal procurement.
(3)
added Catalogs and evaluates the effectiveness of programs intended to support the participation of small businesses in Federal procurement.
(4)
added Analyzes trends in the involvement of small businesses in Federal technology projects, including data on contract awards, the diversity of sectors represented, and the geographic distribution of small business contractors.

Sec. 8 Conflict of interest procedures

changed No The Federal Acquisition Regulatory Council and the Administrator shall update the Federal Acquisition Regulation as necessary to provide additional funds are authorized guidance to be appropriated for the purpose executive agencies to address personal and organizational conflicts of carrying out this Act.interest involving members of the acquisition workforce.

Sec. 9 No additional funding

added

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