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[DISCUSSION DRAFT]
SEPTEMBER 6, 2012

112TH CONGRESS 2D SESSION

H. R. ll

To amend titles 40, 41, and 44, United States Code, to eliminate duplication and waste in information technology acquisition and management.

IN THE HOUSE OF REPRESENTATIVES
introduced the following bill; which was referred to the Committee on lllllllllllllll

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Sec. 1. Short title.
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A BILL

To amend titles 40, 41, and 44, United States Code, to eliminate duplication and waste in information technology acquisition and management. Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Federal Information

5 Technology Acquisition Reform Act’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

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2
Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT Sec. 101. Increased authority of agency Chief Information Officers over information technology. Sec. 102. Lead coordination role of Chief Information Officers Council. TITLE II—ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION TECHNOLOGY ACQUISITION Subtitle A—Data Center Consolidation Sec. Sec. Sec. Sec. Sec. 201. 202. 203. 204. 205. Purpose. Definitions. Plan for Federal Data Center Optimization Initiative. Performance requirements related to data center consolidation. Reporting requirements to Congress and the Federal Chief Information Officer. Subtitle B—Additional Provisions Sec. Sec. Sec. Sec. Sec. 211. 212. 213. 214. 215.

Inventory of information technology assets. Uniform classification of commodity information technology assets. Website consolidation and transparency. Transition to the cloud. Elimination of unnecessary duplication of contracts by requiring business case analysis.

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Sec. Sec. Sec. Sec. Sec. 401. 402. 403. 404. 405.
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TITLE III—STREAMLINING AND STRENGTHENING INFORMATION TECHNOLOGY ACQUISITION Subtitle A—Streamlining IT Acquisition Practices

Sec. 301. Establishment of Federal Commodity IT Acquisition Center. Sec. 302. Designation of Assisted Acquisition Centers of Excellence. Subtitle B—Strengthening IT Acquisition Workforce

Sec. 311. Expansion of training and use of information technology acquisition cadres. Sec. 312. Report on strengthening program and project management performance. Sec. 313. Personnel awards for excellence in the acquisition of information systems and information technology. TITLE IV—ADDITIONAL REFORMS Maximizing the benefit of the Federal Strategic Sourcing Initiative. Promoting transparency of blanket purchase agreements. Clarification relating to severable services contracts. Additional source selection technique in solicitations. Promotion of Government-wide support for the use and development of open source software.

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
SEC. 3. DEFINITIONS.

In this Act: (1) CHIEF
ACQUISITION OFFICERS COUNCIL.—

The term ‘‘Chief Acquisition Officers Council’’ means the Chief Acquisition Officers Council established by section 1311(a) of title 41, United States Code. (2) CHIEF
INFORMATION OFFICER.—The

term

‘‘Chief Information Officer’’ means a Chief Information Officer (as designated under section 3506(a)(2) of title 44, United States Code) of an agency listed in section 901(b) of title 31, United States Code. (3) CHIEF
INFORMATION OFFICERS COUNCIL.—

The term ‘‘Chief Information Officers Council’’ means the Chief Information Officers Council established by section 3603(a) of title 44, United States Code.

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(4) COMMODITY

IT’’ or ‘‘commodity information technology’’ has the meaning provided by the Director of the Office of Management and Budget in guidance issued under section 11501 of title 40, United States Code, as added by section 301 . (5) DIRECTOR.—The term ‘‘Director’’ means the Director of the Office of Management and Budget.
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IT.—The

term ‘‘commodity

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (6) FEDERAL
AGENCY.—The

term ‘‘Federal

agency’’ means each agency listed in section 901(b) of title 31, United States Code. (7) INFORMATION
TECHNOLOGY OR IT.—The

term ‘‘information technology’’ or ‘‘IT’’ has the meaning provided in section 11101(6) of title 40, United States Code. (8) RELEVANT
CONGRESSIONAL COMMIT-

TEES.—The

term ‘‘relevant congressional commit-

tees’’ means 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 Government Affairs and the Committee on Armed Services of the Senate.

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SONNEL.—Section
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TITLE I—MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
SEC. 101. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION OFFICERS OVER INFORMATION TECHNOLOGY.

(a) AUTHORITY RELATING

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TO

BUDGET

AND

PER-

11315 of title 40, United States Code,

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5 1 is amended by adding at the end the following new sub2 section: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ‘‘(d) ADDITIONAL AUTHORITIES.— ‘‘(1) BUDGET-RELATED
AUTHORITY.—Amounts

appropriated for any agency listed in section 901(b) of title 31 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. ‘‘(2) PERSONNEL-RELATED
AUTHORITY.—The

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22 23 24 25
MENT OF
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head of each agency listed in section 901(b) of title 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.’’. (b) REQUIREMENT
TO ON

21 INFORMATION OFFICER

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DESIGNATION
OR
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SEEK ADVICE FROM CHIEF APPOINT-

DEPUTY CHIEF INFORMATION OFFICERS.— (1) REQUIREMENT.—Section 3506(a)(3) of title

44, United States Code, is amended— (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (B) by adding at the end the following new subparagraph: ‘‘(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.’ The head of the agency shall seek the advice of the Chief Information Officer of the agency in designating or appointing any deputy chief information officer within the agency.’’. (2) EFFECTIVE

of title 44, United States Code, as added by paragraph (1), shall take effect as of lllll. Any individual serving in a position affected by such section before such date may continue in that position if the requirements of such section are fulfilled with respect to that individual.

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SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS COUNCIL.

Subsection (d) of section 3603 of title 44, United

22 States Code, is amended to read as follows: ‘‘(d) The Council is designated the lead interagency

24 forum for improving agency coordination of practices re25 lated to the design, acquisition, development, moderniza-

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DATE.—Section
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3506(a)(3)(B)

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7 1 tion, use, operation, sharing, and performance of Federal 2 Government information resources. As the lead inter3 agency forum, the Council shall develop cross-agency port4 folio management policies to allow development of cross5 agency shared services and shared platforms.’’. 6 7 8 9 10 11 12 13

SEC. 201. PURPOSE.

The purpose of this subtitle is to optimize Federal

14 data center usage and efficiency.

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15 16
SEC. 202. DEFINITIONS.

In this subtitle:

17

(1) FEDERAL

18 19 20 21 22 23

TIATIVE.—The

zation Initiative’’ means the initiative developed and implemented by the Director, through the Federal Chief Information Officer, pursuant to the Federal Data Center Consolidation Initiative memo dated February 26, 2010.

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TITLE II—ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION TECHNOLOGY ACQUISITION Subtitle A—Data Center Consolidation

DATA CENTER OPTIMIZATION INI-

term ‘‘Federal Data Center Optimi-

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (2) COVERED
AGENCY.—The

term ‘‘covered

agency’’ means any agency included in the Federal Data Center Optimization Initiative. (3) FEDERAL
CHIEF INFORMATION OFFICER.—

The term ‘‘Federal Chief Information Officer’’ means the chief information officer of the Office of Management and Budget. (4) DATA
CENTER.—The

term ‘‘data center’’

means any room that is devoted to data processing servers, including server closets (typically less than 200 square feet) and server rooms (typically less than 500 square feet), within a conventional building, and larger spaces in any building dedicated to housing servers, storage devices, and network equipment, but the term does not include facilities that are exclusively devoted to communications and network equipment (such as telephone exchanges) and telecommunications rooms and closets. (5) FEDERAL
DATA CENTER.—The

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19 20 21 22 23 24 25 (6) SERVER
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eral data center’’ means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency.
UTILIZATION.—The

utilization’’ refers to the activity level of a server rel-

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term ‘‘Fed-

term ‘‘server

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9 1 2 3 4 5 ative to its maximum activity level, expressed as a percentage.
SEC. 203. PLAN FOR FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.

(a) PLAN REQUIREMENT.—Within 6 months after

6 the date of the enactment of this Act, the Federal Chief 7 Information Officer, in consultation with the chief infor8 mation officers of covered agencies, shall develop and sub9 mit to Congress a plan for implementation of the Federal 10 Data Center Optimization Initiative. 11 12 13 14 15 16 17 18 19 20 21 22

(b) MATTERS COVERED.—The plan shall include— (1) descriptions of how agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting Feder-

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centers.
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ally owned data centers to commercially owned data

SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER CONSOLIDATION.

(a) SERVER UTILIZATION.—Each covered agency

23 may use the following methods to achieve the maximum 24 server utilization possible as determined by the Director 25 of the Office of Management and Budget:

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10 1 2 3 4 5 6 7 8 9 10 11 12 (1) The closing of existing data centers that lack adequate server utilization, as determined by the Director. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (b) EFFICIENT INFORMATION TECHNOLOGY.—Each

13 covered agency shall give high priority to replacement of 14 data center servers and other information technology

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CER.
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15 equipment with more efficient equipment, using a baseline 16 and criteria developed by the Federal Chief Information 17 Officer in consultation with agency Chief Information Of-

SEC. 205. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF INFORMATION OFFI-

(a) AGENCY REQUIREMENT

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TO

REPORT

TO

CIO.—

23 Each year, each covered agency shall submit to the Fed24 eral Chief Information Officer a report on the implementa25 tion of the Federal Data Center Optimization Initiative,

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11 1 including savings resulting from such implementation. The 2 report shall include an update of the agency’s plan for im3 plementing the Initiative. 4 5 (b) FEDERAL CHIEF INFORMATION OFFICER REQUIREMENT TO

REPORT

TO

CONGRESS.—Each year, the

6 Federal Chief Information Officer shall submit to the rel7 evant congressional committees a report that assesses 8 agency progress in carrying out the Federal Data Center 9 Optimization Initiative and updates the plan under section 10 203. The report may be included as part of the annual 11 report required under section 3606 of title 44, United 12 States Code. 13 14 15

Subtitle B—Additional Provisions
SEC. 211. INVENTORY OF INFORMATION TECHNOLOGY ASSETS.

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(a) PLAN.—The Director shall develop and imple-

17 ment a plan for conducting a Government-wide inventory 18 of information technology assets. (b) MATTERS COVERED.—The plan required by sub-

20 section (a) shall cover the following: (1) The manner in which Federal agencies can achieve the greatest possible economies of scale and cost-savings in the procurement of information technology assets, through measures such as reducing

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12 1 2 3 4 5 6 7 8 9 10 11 12 13 hardware or software products or services that are duplicative or overlapping. (2) The capability to conduct on-going Government-wide inventories of all existing software licenses, including used and underused licenses, and to assess the need of agencies for software licenses. (3) A Government-wide spending analysis to provide knowledge about how much is being spent for software products or services to support decisions for strategic sourcing under the Federal strategic sourcing program managed by the Office of Federal Procurement Policy.

(c) OTHER INVENTORIES.—In developing the plan re-

14 quired by subsection (a), the Director shall review the in-

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19 24 (e) DEADLINE
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15 ventory of information systems maintained by each agency 16 under section 3505(c) of title 44, United States Code, and 17 the inventory of information resources maintained by each 18 agency under section 3506(b)(4) of such title. (d) AVAILABILITY.—The inventory of information

20 technology assets shall be available to Chief Information 21 Officers and such other Federal officials as the Chief In22 formation Officers may, in consultation with the Chief In23 formation Officers Council, designate.
AND

25 Not later than 180 days after the date of the enactment

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SUBMISSION
TO

CONGRESS.—

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13 1 of this Act, the Director shall complete and submit to Con2 gress the plan required by subsection (a). 3 (f) IMPLEMENTATION.—Not later than two years

4 after the date of the enactment of this Act, the Director 5 shall complete implementation of the plan required by sub6 section (a). 7 (g) REVIEW BY COMPTROLLER GENERAL.—Not later

8 than two years after the date of the enactment of this Act, 9 the Comptroller General of the United States shall review 10 the plan required by subsection (a) and submit to the rel11 evant congressional committees a report on the review. 12 13 14
SEC. 212. UNIFORM CLASSIFICATION OF COMMODITY INFORMATION TECHNOLOGY ASSETS.

(a) ASSESSMENT.—The Director shall conduct an as-

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17 IT. 18 20 21 22 23 24 and
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15 sessment of commodity IT in Federal agencies in order 16 to establish a uniform classification system of commodity

(b) MATTERS COVERED.—In conducting the assess-

19 ment, the Director shall— (1) define the term ‘‘commodity IT’’ for purposes of the assessment; (2) identify business processes used in Federal agencies to acquire and implement commodity IT;

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14 1 2 3 4 (3) identify the manner in which each Federal agency currently describes or characterizes various types of commodity IT. (c) ESTABLISHMENT
OF

UNIFORM CLASSIFICATION

5 SYSTEM.—After completion of the assessment required by 6 subsection (a), the Director shall establish and implement 7 a system for classifying commodity IT by function. The 8 classification system shall be uniform and apply to all Fed9 eral agencies. 10 (d) DEADLINE.—The assessment and establishment

11 of the classification system shall be completed not later 12 than 180 days after the date of the enactment of this Act. 13 14
SEC. 213. WEBSITE CONSOLIDATION AND TRANSPARENCY.

(a)

WEBSITE

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CONSOLIDATION.—The are duplicative or
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Director

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15 shall— 16 17 18 19 20 21 22 23 24 whether there websites; and
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(1) in consultation with Federal agencies, and

after reviewing the directory of public Federal Government websites of each agency (as required to be established and updated under section 207(f)(3) of the E-Government Act of 2002 (Public Law 107347; 44 U.S.C. 3501 note)), assess all the publicly available websites of Federal agencies to determine overlapping

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15 1 2 3 4 (2) require Federal agencies to eliminate or consolidate those websites that are duplicative or overlapping. (b) WEBSITE TRANSPARENCY.—The Director shall

5 issue guidance to Federal agencies to ensure that the data 6 on publicly available websites of the agencies are open and 7 accessible to the public. 8 (c) MATTERS COVERED.—In preparing the guidance

9 required by subsection (b), the Director shall— 10 11 12 13 14 15 (1) develop guidelines, standards, and best practices for interoperability and transparency; and (2) identify interfaces that provide for shared, open solutions on the publicly available websites of the agencies. (d) DEADLINE
FOR

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18 19 (a) SENSE
OF

16 quired by subsection (b) shall be issued not later than 180 17 days after the date of the enactment of this Act.
SEC. 214. TRANSITION TO THE CLOUD.

20 gress that transition to cloud computing offers significant 21 potential benefits for the implementation of Federal infor22 mation technology projects in terms of flexibility, cost, and 23 operational benefits. 24 (b) GOVERNMENT-WIDE APPLICATION.—In assessing

25 cloud computing opportunities, the Director shall, to the

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GUIDANCE.—The guidance re-

CONGRESS.—It is the sense of Con-

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16 1 maximum extent practicable, adopt a Government-wide 2 program providing for a standardized approach to security 3 assessment, authorization, and continuous monitoring for 4 cloud products and services. 5 6 7 8
SEC. 215. ELIMINATION OF UNNECESSARY DUPLICATION OF CONTRACTS BY REQUIRING BUSINESS CASE ANALYSIS.

(a) PURPOSE.—The purpose of this section is to le-

9 verage the Government’s buying power and achieve admin10 istrative efficiencies and cost savings by eliminating un11 necessary duplication of contracts. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) REQUIREMENT
FOR

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BUSINESS
GENERAL.—With
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CASE

AP-

PROVAL.—

(1) IN

GENERAL.—Effective

on and after 180

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days after the date of the enactment of this Act, an executive agency may not issue a solicitation for a covered contract vehicle unless the agency performs a business case analysis for the contract vehicle and obtains an approval of the business case analysis from the Administrator for Federal Procurement

OF BUSINESS CASE ANALYSIS.—

respect to any

covered contract vehicle, the Administrator for Federal Procurement Policy shall review the

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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 business case analysis submitted for the contract vehicle and provide an approval or disapproval within 100 days after the date of submission. Any business case analysis not disapproved within such 100-day period is deemed to be approved. (B) BASIS
CASE.—The FOR APPROVAL OF BUSINESS

Administrator for Federal Procure-

ment 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 Government-wide contract vehicles in a timely and cost-effective manner.

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17 18 19 20 21 22 23 24 25 (3) CONTENT
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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 vehicle, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such

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OF BUSINESS CASE ANALYSIS.—

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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 contract vehicle and the impact such contract vehicle will have on the ability of the Federal Government to leverage its purchasing power. (c) DEFINITIONS.— (1) COVERED
CONTRACT VEHICLE.—The

term

‘‘covered contract vehicle’’ has the meaning provided by the Administrator for Federal Procurement Policy in guidance issued pursuant to this section and includes, at a minimum, any Government-wide contract vehicle in an amount greater than $50,000,000 (or $10,000,000, determined on an average annual basis, in the case of such a contract vehicle performed over more than one year). (2) GOVERNMENT-WIDE
CONTRACT VEHICLE.—

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18 25 tion.
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The term ‘‘Government-wide contract vehicle’’ has the meaning provided in section 11501 of title 40, United States Code, as added by section 301. (d) REPORT.—Not later than June 1 in each of the

19 next 6 years following the date of the enactment of this 20 Act, the Administrator for Federal Procurement Policy 21 shall submit to the relevant congressional committees a 22 report on the implementation of this section, including a 23 summary of the submissions, reviews, approvals, and dis24 approvals of business case analyses pursuant to this sec-

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19 1 (e) GUIDANCE.—The Administrator for Federal Pro-

2 curement Policy shall issue guidance for implementing this 3 section. 4 (f) REVISION
OF

FAR.—Not later than 180 days

5 after the date of the enactment of this Act, the Federal 6 Acquisition Regulation shall be amended to implement this 7 section. 8 9 10 11 12 13 14 15

TITLE III—STREAMLINING AND STRENGTHENING INFORMATION TECHNOLOGY ACQUISITION Subtitle A—Streamlining IT Acquisition Practices
SEC. 301. ESTABLISHMENT OF FEDERAL COMMODITY IT ACQUISITION CENTER.

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16 17 18 (1) IN 20 21 LINING 23
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(a) ESTABLISHMENT.—
GENERAL.—Chapter

United States Code, is amended to read as follows:

19 ‘‘CHAPTER 115—FEDERAL INFORMATION TECHNOLOGY ACQUISITION STREAM-

‘‘Sec. ‘‘11501. Federal Commodity IT Acquisition Center.

22 ‘‘§ 11501. Federal Commodity IT Acquisition Center ‘‘(a) ESTABLISHMENT
AND

24 tor of the Office of Management and Budget shall estab(533916|15)
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115 of title 40,

PURPOSES.—The Direc-

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20 1 lish a Federal Commodity Information Technology Acqui2 sition Center (hereafter in this section referred to as the 3 ‘Center’) in accordance with this section. The purposes of 4 the Center are to serve as a focal point for coordinated 5 acquisition practices and to obtain lowest costs for the 6 Government in the acquisition of commodity IT through— 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(1) the elimination of redundancies; ‘‘(2) the aggregation of demands from executive agencies for commodity IT; ‘‘(3) the development of Government-wide commodity IT acquisition capability in partnership with various agencies with specialized expertise in information technology; ‘‘(4) active engagement with the private sector to use up-to-date commercial technologies and to remove unnecessary burdens on industry in its interactions with the Government; ‘‘(5) the pursuit of innovative acquisition strate-

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and license rights.
TER.—Not
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gies to overcome vendor monopolies and to maximize the use of commercial best practices; and ‘‘(6) the application of Government-wide use

‘‘(b) DESIGNATION

later than 1 year after the date of the enact-

25 ment of this section and every 5 years thereafter, the Di-

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OF

LEAD AGENCY

TO

HOST CEN-

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21 1 rector shall designate (or redesignate) a lead executive 2 agency to host the Center. 3 4 ‘‘(c) CRITERIA
CY.—In FOR

DESIGNATION

OF

LEAD AGEN-

designating (or redesignating) the lead executive

5 agency hosting the Center, the Director shall consider, at 6 a minimum, the following matters: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) The host agency’s ability, including the inhouse technical and program management staff, to develop and maintain requirements necessary to establish Government-wide commodity IT contracts that meet the Government’s needs while meeting current industry standards and commercial best practices. ‘‘(2) The host agency’s ability to award and manage innovative Government-wide contract vehicles and other acquisition solutions by— ‘‘(A) ensuring best value through meaning-

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agencies;
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ful price competition by using aggregated demand by centralizing information technology acquisitions for commodity IT across all executive

‘‘(B) promoting competition among major providers of commercial information technology as prime contractors to maximize best value and performance accountability by effective

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22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 adoption of commercially acceptable contract terms and conditions to reduce unnecessary industry risks and legal liabilities; ‘‘(C) maximizing the adoption of commercial standards and industry acquisition best practices, including effective supply chain management, consideration of total cost of ownership, use of open source software, and use of long term contracts, as appropriate; and ‘‘(D) considering the availability of prime contract holders who have the capability to perform the contract without having to pass through an excessive portion of performance to large commercial contractors. ‘‘(3) The host agency’s in-house capability to

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ible.
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consistently develop reliable cost estimates that are accurate, comprehensive, well-documented, and cred-

‘‘(4) The host agency’s ability to work in partnership with other agencies. ‘‘(d) GUIDANCE.—The Director, in consultation with

22 the Chief Information Officers Council, shall issue guid23 ance addressing the scope and operation of the Center. 24 The guidance shall address, at a minimum, the following:

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23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ‘‘(1) The definition of those information technology goods and services that shall be considered to be ‘commodity IT’. ‘‘(2) Reorganization or elimination of unnecessary and duplicative Government-wide contract vehicles offered by executive agencies, to ensure consistency among Government-wide contract vehicles for commodity IT. ‘‘(3) Circumstances under which executive agencies shall be required to use Government-wide contract vehicles issued or endorsed by the Center, in accordance with subsection (e).

‘‘(4) Circumstances under which executive agencies shall be required to consider the use of an Assisted Acquisition Center of Excellence (authorized in section 11502) to acquire commonly used information technology goods and services. ‘‘(e) REQUIREMENT
TO

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18
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19 acquisition of commodity IT in an amount exceeding 20 $50,000,000, each executive agency shall consult the Cen21 ter, unless there are unique circumstances that justify not 22 consulting the Center. The Federal Acquisition Regulation 23 shall define the term ‘unique circumstances’ for purposes 24 of this subsection and shall require that the program man25 ager and the contracting officer of the agency shall con-

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CONSULT CENTER.—In the

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24 1 sider and document in the acquisition plan for the acquisi2 tion a justification for using Government-wide contract ve3 hicles other than those issued or endorsed by the Center. 4 ‘‘(f) REPORT
TO

CONGRESS.—The Director shall an-

5 nually submit to the relevant congressional committees a 6 report setting forth those executive agencies that did not 7 use, during the year covered by the report, the capabilities 8 of the Center and the Assisted Acquisition Centers of Ex9 cellence (authorized in section 11502), as required by sub10 section (e) and the guidance issued pursuant to subsection 11 (d). 12

‘‘(g) IMPROVEMENT

13 SOFTWARE INITIATIVE AND GSA SMARTBUY PROGRAM.— 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) IN
GENERAL.—The

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agreements.
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tion with the Office of Federal Procurement Policy, the Department of Defense, and the General Services Administration, shall identify and develop a strategic sourcing initiative to enhance Governmentwide acquisition, shared use, and dissemination of software, as well as compliance with end user license

‘‘(2) EXAMINATION

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OF THE
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DOD ENTERPRISE

Center, in collabora-

OF METHODS.—In

devel-

oping the strategic sourcing initiative, the Center shall examine the use of strategic sourcing methods, including aggregate demand-based contracting mod-

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25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 els (such as requirements contracts), metrics-based commodity teams, and supplier relationship management practices, to more effectively govern the Government’s acquisition of information technology. ‘‘(3) GOVERNMENT-WIDE
USER LICENSE

AGREEMENT.—The

Center shall establish a Govern-

ment-wide contract vehicle that allows for the purchase of a license agreement that is available for use by all executive agencies as one user. To the maximum extent practicable, in establishing the Government-wide contract vehicle, the Center shall pursue direct negotiation and contracting with major software publishers as prime contractors. ‘‘(h) GUIDELINES
FOR THE

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WEBSITE.—In
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ESTABLISHMENT
FOR

OF

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16
MODITY

15 GOVERNMENT-WIDE CONTRACT VEHICLES IT.—

COM-

17 18 19 20 21 22

‘‘(1) GUIDELINES.—The 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 commodity IT across the Federal Government. ‘‘(2) CENTRAL preparing the

23 24 25

guidelines, the Center, in consultation with the Chief Acquisition Officers Council, shall offer executive

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26 1 2 3 4 5 6 7 8 9 10 11 agencies the option of accessing a central website for placing orders, reporting inventory, and managing expenses to optimize their use of the Governmentwide contract vehicles. ‘‘(3) CLOUD
SERVICE.—In

preparing the guide-

lines, the Center shall examine innovative approaches, such as creating or designating a Government organization to serve as a Government-wide cloud service broker to achieve rapid provision of needed services.

‘‘(i) PRICING TRANSPARENCY.—The Center shall

12 compile a price list and catalogue containing current pric13 ing information by vendor for each of its commodity IT 14 categories. The price catalogue shall contain any price pro-

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21 22 23 24 25
PROVEMENT

15 vided by a vendor for the same or similar good or service 16 to any executive agency. The catalogue shall be developed 17 in a fashion ensuring that it may be used for pricing com18 parisons and pricing analysis using standard data formats. 19 The price catalogue shall be made widely available and ac20 cessible to executive agencies. ‘‘(j) FEDERAL IT ACQUISITION MANAGEMENT IMFUND.—
AND MANAGEMENT OF

‘‘(1) ESTABLISHMENT
FUND.—There

ment Improvement Fund (in this subsection referred

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is a Federal IT Acquisition Manage-

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27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to as the ‘Fund’). The Administrator of General Services shall manage the Fund through the Federal Commodity IT Acquisition Center to support the activities of the Center carried out pursuant to this section. The Administrator of General Services shall consult with the Director in managing the Fund. ‘‘(2) CREDITS
TO FUND.—Five

percent of the

fees collected by executive agencies under the following contracts shall be credited to the Fund: ‘‘(A) Government-wide task and delivery order contracts entered into under sections 4103 and 4105 of title 41.

‘‘(B) Government-wide contracts for the acquisition of information technology and multiagency acquisition contracts for that technology authorized by section 11314 of this title. ‘‘(C) Multiple-award schedule contracts en-

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Services.
AGENCY.—The
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tered into by the Administrator of General

‘‘(3) REMITTANCE

ministers a contract described in paragraph (2) shall remit to the General Services Administration the amount required to be credited to the Fund with re-

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BY HEAD OF EXECUTIVE

head of an executive agency that ad-

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28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 spect to the contract at the end of each quarter of the fiscal year. ‘‘(4) AMOUNTS
PURPOSES.—The NOT TO BE USED FOR OTHER

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 Center carried out pursuant to this section. ‘‘(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 2 succeeding fiscal years. ‘‘(k) DEFINITIONS.—In this section: ‘‘(1) EXECUTIVE
AGENCY.—The

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17 ‘‘(2) 18 19 20 21 22 23 24 25
CLE.—The

agency’ has the meaning provided that term by section 133 of title 41. GOVERNMENT-WIDE
CONTRACT VEHI-

term ‘Government-wide contract vehicle’

means any contract, blanket purchase agreement, or other contractual instrument established by one executive agency for use by multiple executive agencies to obtain supplies and services. ‘‘(3) RELEVANT
CONGRESSIONAL COMMIT-

TEES.—The

term ‘relevant congressional commit-

tees’ means each of the following:

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term ‘executive

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29 1 2 3 4 5 6 7 8 ‘‘(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 Government Affairs and the Committee on Armed Services of the Senate. ‘‘(l) REVISION
OF

FAR.—The Federal Acquisition

9 Regulation shall be amended to implement this section.’’. 10 11 12 13
‘‘115.

(2) CLERICAL

to chapter 115 in the table of chapters at the beginning of subtitle III of title 40, United States Code, is amended to read as follows:
Federal Information Technology Acquisition Streamlining ............................................................11501’’.

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14 15 16 17 18 19 20 21 22 (b) DEADLINES.—
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(1) Not later than 180 days after the date of

the enactment of this Act— (A) the Director shall issue guidance under

section 11501(d) of title 40, United States Code, as added by subsection (a); and (B) the Federal Acquisition Regulation shall be revised in accordance with section 11501(e) of such title, as so added.

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AMENDMENT.—The
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item relating

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30 1 2 3 4 5 6 7 8 9 10 11 (2) Not later than 2 years after the date of the enactment of this Act, the Federal Commodity Information Technology Acquisition Center shall— (A) identify and develop a strategic

sourcing initiative in accordance with section 11501(g) of such title, as so added; and (B) establish guidelines in accordance with section 11501(h) of such title, as so added.
SEC. 302. DESIGNATION OF ASSISTED ACQUISITION CENTERS OF EXCELLENCE.

(a) DESIGNATION.—Chapter 115 of title 40, United

12 States Code, as amended by section 302, is further amend13 ed by adding at the end the following new section: 14 ‘‘§ 11502. Assisted Acquisition Centers of Excellence

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15 18 19 20 21 22 23 24 tices; and
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‘‘(a) PURPOSE.—The purpose of this section is to de-

16 velop specialized assisted acquisition centers of excellence 17 within the Federal Government to promote— ‘‘(1) the effective use of best acquisition prac-

‘‘(2) the development of specialized expertise in the acquisition of information technology; and ‘‘(3) Government-wide sharing of acquisition capability to augment any shortage in the information technology acquisition workforce.

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31 1 ‘‘(b) DESIGNATION
OF

AACES.—Not later than 1

2 year after the date of the enactment of this section, and 3 every 2 years thereafter, the Director of the Office of Man4 agement and Budget, in consultation with the Chief Ac5 quisition Officers Council and the Chief Information Offi6 cers Council, shall designate, redesignate, or withdraw the 7 designation of acquisition centers of excellence within var8 ious executive agencies to carry out the functions set forth 9 in subsection (c) in an area of specialized acquisition ex10 pertise as determined by the Director. Each such center 11 of excellence shall be known as an ‘Assisted Acquisition 12 Center of Excellence’ or an ‘AACE’. 13

‘‘(c) FUNCTIONS.—The functions of each AACE are

14 as follows:

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15 16 17 18 19 20 21 22 23 24 ‘‘(1) BEST
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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). ‘‘(2) ASSISTED
ACQUISITIONS.—To

FT
PRACTICES.—To
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promote, develop,

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

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32 1 2 3 4 5 6 7 acquisition of similar information technology requirements. ‘‘(3) DEVELOPMENT
AND TRAINING OF IT AC-

QUISITION WORKFORCE.—To

assist in recruiting and

training IT acquisition cadres (referred to in section 1704(j) of title 41). ‘‘(d) CRITERIA.—In designating, redesignating, or

8 withdrawing the designation of an AACE, the Director 9 shall consider, at a minimum, the following matters: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(1) The subject matter expertise of the host agency in a specific area of information technology acquisition.

‘‘(2) 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. ‘‘(3) The ability of an AACE to consistently

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award and manage various contracts, task or delivery orders, and other acquisition arrangements in a timely, cost-effective, and compliant manner. ‘‘(4) 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.

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33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(5) The ability of an AACE to acquire innovative or emerging commercial and noncommercial technologies using various contracting methods, including other transaction authority granted under subsection (e). ‘‘(6) The ability of an AACE to maximize commercial item acquisition, avoid high-risk contract types, increase competition, promote small business participation, and maximize use of available Government-wide contract vehicles endorsed by the Center. ‘‘(7) 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. ‘‘(8) The ability of an AACE to employ best

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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.

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34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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. ‘‘(9) The ability of an AACE to run an effective

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tion University. ‘‘(1) IN
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acquisition intern program in collaboration with the Federal Acquisition Institute or the Defense Acquisi-

‘‘(10) The ability of an AACE to effectively and properly manage fees received for assisted acquisitions pursuant to this section. ‘‘(e) OTHER TRANSACTION AUTHORITY.—
GENERAL.—Each

redesignated under this section may use a form of transaction other than a grant, contract, or coopera-

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AACE designated or

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35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tive agreement to perform its functions under this section. ‘‘(2) JUSTIFICATION
AND APPROVAL RE-

QUIRED.—Any

use of the authority provided by

paragraph (1) (hereafter in this subsection referred to as ‘other transaction authority’) for an acquisition of information technology may be used by an ACCE only if the AACE justifies the use of the authority in writing, and the justification is approved by the head of the contracting activity (as defined by agency procedures). A justification for the use of the authority shall, at a minimum—

‘‘(A) ensure the acquisition has appropriate oversight and governance; ‘‘(B) ensure that the interests of the Gov-

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ernment are properly protected; and ‘‘(C) ensure 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.

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36 1 2 3 4 5 6 7 8 9 ‘‘(3) REPORT
TO CONGRESS.—Not

later than

October 1 of each year, the Administrator for Federal Procurement Policy shall submit to the relevant congressional committees a report regarding the use of other transaction authority pursuant to this subsection. The report shall include such recommendations as the Administrator considers appropriate for expanding or reducing that authority. ‘‘(f) REQUIREMENT
TO

CONSULT AACE.—In the ac-

10 quisition of goods or services covered by an area of special11 ized acquisition expertise of an AACE in an amount ex12 ceeding $5,000,000, each executive agency shall consult 13 the AACE, unless there are unique circumstances that jus14 tify not consulting the AACE. The Federal Acquisition

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21 tion. 22 23 24 25
VIEW OF

15 Regulation shall define the term ‘unique circumstances’ 16 for purposes of this subsection and shall require that the 17 program manager and the contracting officer of the agen18 cy shall consider and document in the acquisition plan for 19 the acquisition a justification for conducting its own acqui20 sition rather than using the AACE to assist in the acquisi-

‘‘(g) GOVERNMENT ACCOUNTABILITY OFFICE REAACE.— ‘‘(1) REVIEW.—The Comptroller General of the United States shall review and assess the use and

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37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ‘‘(2) REPORT.—Not later than 1 year after the designation or redesignation under (b), the Comptroller General shall submit to the relevant congressional committees a report containing the findings and assessment under paragraph (1). ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) ASSISTED

FT
ACQUISITION.—The
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term ‘as-

sisted acquisition’ means a type of interagency acquisition in which the parties enter into an interagency agreement pursuant to which— ‘‘(A) the servicing agency performs acquisi-

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tion 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.

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38 1 2 3 4 5 6 7 8 ‘‘(2) EXECUTIVE
AGENCY.—The

term ‘executive

agency’ has the meaning provided that term by section 133 of title 41. ‘‘(3) RELEVANT
CONGRESSIONAL COMMIT-

TEES.—The

term ‘relevant congressional commit-

tees’ has the meaning provided that term by section 11501 of this title. ‘‘(i) REVISION
OF

FAR.—The Federal Acquisition

9 Regulation shall be amended to implement this section.’’. 10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 115 of title 40, United States 12 Code, as added by section 303, is amended by adding at 13 the end the following new item:

‘‘11502. Assisted Acquisition Centers of Excellence.’’.

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15 16 17 18
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14

Subtitle B—Strengthening IT Acquisition Workforce
TION TECHNOLOGY ACQUISITION CADRES.

SEC. 311. EXPANSION OF TRAINING AND USE OF INFORMA-

(a) PURPOSE.—The purpose of this section is to en-

19 sure timely progress by Federal agencies toward devel20 oping, strengthening, and deploying personnel with highly 21 specialized skills in information technology acquisition, in22 cluding program and project managers, to be known as 23 information technology acquisition cadres.

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39 1 (b) REPORT
TO

CONGRESS.—Section 1704 of title

2 41, United States Code, is amended by adding at the end 3 the following new subsection: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(j) REPORT ON INFORMATION TECHNOLOGY ACQUISITION

CADRES.— ‘‘(1) REPORT
TO CONGRESS.—Not

later than

June 1 in each of the next 6 years following the date of the enactment of this subsection, the Director shall submit to the relevant congressional committees a report (to be known as the ‘IT Acquisition Cadres Report’) on the current status of the development, strengthening, and deployment of information technology acquisition cadres. ‘‘(2) MATTERS
COVERED.—The

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clude, at a minimum, an examination of the fol-

‘‘(A) Current information technology ac-

quisition 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 report, and the specialized information technology acquisi-

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report shall in-

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40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tion 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 report, 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 report.

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the report.
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‘‘(E) Government-wide 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

‘‘(3) DEFINITIONS.—In this subsection:

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41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ‘‘(A) The term ‘Federal agency’ means each agency listed in section 901() 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 Government Affairs and the Committee on Armed Services of the Senate.’’.

SEC. 312. REPORT ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT PERFORMANCE.

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(a) REPORT
ON

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STRENGTHENING PROGRAM

AND

16 PROJECT MANAGEMENT PERFORMANCE.—Not later than 17 June 1 following the date of the enactment of this Act, 18 the Administrator for Federal Procurement Policy, in con19 sultation with the Director of the Office of Personnel Man20 agement, shall submit to the relevant congressional com21 mittees a report on ways to improve management of pro22 grams and projects.

23

(b) MATTERS COVERED.—The report required by

24 subsection (a) shall include, at a minimum, the following:

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42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (1) An examination of the need for a new job series for program management. (2) A discussion of the feasibility of making the current pilot IT program management career path program government-wide. (3) A discussion of the elimination of unnecessary duplication in program management certifications and training in Federal agencies. (4) Such recommendations as the Administrator considers appropriate.

SEC. 313. PERSONNEL AWARDS FOR EXCELLENCE IN THE ACQUISITION OF INFORMATION SYSTEMS

AND INFORMATION TECHNOLOGY.

(a) IN GENERAL.—Not later than 180 days after the

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21 23 24
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15 date of the enactment of this Act, the Director of the Of16 fice of Personnel Management shall develop policy and 17 guidance for agencies to develop a program to recognize 18 excellent performance by Federal Government employees 19 and teams of such employees in the acquisition of informa20 tion systems and information technology for the agency. (b) ELEMENTS.—The program referred to in sub-

22 section (a) shall, to the extent practicable— (1) obtain objective outcome measures; and (2) include procedures for—

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43 1 2 3 4 5 6 7 8 9 10 11 12 13 (A) the nomination of Federal Government employees and teams of such employees for eligibility for recognition under the program; and (B) the evaluation of nominations for recognition under the program by 1 or more agency panels of individuals from government, academia, and the private sector who have such expertise, and are appointed in such a manner, as the Director of the Office of Personal Management shall establish for purposes of the program. (c) AWARD
TIVES.—In

OF

carrying out the program referred to in sub-

14 section (a), the Director of the Office of Personnel Man-

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19 to the program— 20 21 22 23 24 25 sion of law; awards;
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15 agement, in consultation with the Director of the Office 16 of Management and Budget, shall establish policies and 17 guidance for agencies to reward any Federal Government 18 employee or teams of such employees recognized pursuant

(1) with a cash bonus, to the extent that the performance of such individual or team warrants the award of such bonus and is authorized by any provi-

(2) through promotions and other nonmonetary

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OTHER INCEN-

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44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (3) by publicizing— (A) acquisition accomplishments by individual employees; and (B) the tangible end benefits that resulted from such accomplishments, as appropriate; and (4) through other awards, incentives, or bonuses that the head of the agency considers appropriate.

TITLE IV—ADDITIONAL REFORMS
SEC. 401. MAXIMIZING THE BENEFIT OF THE FEDERAL STRATEGIC SOURCING INITIATIVE.

Not later than 180 days after the date of the enact-

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23 sources.
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15 ment of this Act, the Administrator for Federal Procure16 ment Policy shall prescribe regulations providing that 17 when the Federal Government purchases services and sup18 plies offered under the Federal Strategic Sourcing Initia19 tive (managed by the Office of Federal Procurement Pol20 icy) priority shall be given to services and supplies offered 21 under such Initiative over services and supplies offered 22 under the Federal Supply Schedules or commercial

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45 1 2 3
SEC. 402. PROMOTING TRANSPARENCY OF BLANKET PURCHASE AGREEMENTS.

(a) PRICE INFORMATION TO BE TREATED AS PUBLIC

4 INFORMATION.—The final negotiated price offered by an 5 awardee of a blanket purchase agreement shall be treated 6 as public information. 7 8 (b) PUBLICATION
MENT OF

BLANKET PURCHASE AGREE-

INFORMATION.—Not later than 180 days after the

9 date of the enactment of this Act, the Administrator of 10 General Services shall make available to the public a list 11 of all blanket purchase agreements entered into by Federal 12 agencies under its Federal Supply Schedules contracts and 13 the prices associated with those blanket purchase agree14 ments. The list and price information shall be updated at

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16 17 18 22 23 24 25 amended—
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15 least once every 6 months.
SEC. 403. CLARIFICATION RELATING TO SEVERABLE SERVICES CONTRACTS.

Section 3902(a) of title 41, United States Code, is

19 amended by inserting before the period at the end the fol20 lowing: ‘‘and if the period of availability of the appropria21 tions funding the contract does not exceed one year.’’.
SEC. 404. ADDITIONAL SOURCE SELECTION TECHNIQUE IN SOLICITATIONS.

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

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46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (1); (2) by striking the period and inserting ‘‘; or’’ at the end of paragraph (2); and (3) by adding at the end the following new paragraph: ‘‘(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 announced in solicitation.’’. (1) by striking ‘‘or’’ at the end of paragraph

SEC. 405. PROMOTION OF GOVERNMENT-WIDE SUPPORT FOR THE USE AND DEVELOPMENT OF OPEN SOURCE SOFTWARE.

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18 (b) STANDARDS 23
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(a) PURPOSE.—The purpose of this section is to pro-

16 mote the use and collaborative development of open source 17 software within the Federal government.
AND

19 11302(d) of title 40, United States Code, is amended by 20 adding at the end the following: ‘‘The standards and 21 guidelines shall include those necessary to enable effective 22 adoption of open source software.’’ (c) GUIDANCE.—Not later than 180 days after the

24 date of the enactment of this Act, the Director, in con25 sultation with the Chief Information Officers Council,

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GUIDELINES.—Section

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47 1 shall issue guidance for the use and collaborative develop2 ment of open source software within the Federal govern3 ment. 4 (d) MATTERS COVERED.—In issuing guidance under

5 subsection (c), the Director shall include, at a minimum, 6 the following: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Guidance to clarify that the preference for commercial items in section 3307 of title 41, United States Code, includes all open source software that meets the definition of commercial item in section 103 of title 40, United State Code, including all such software that is used for non-Government purposes and is licensed to the public. (2) Guidance regarding the conduct of market research to ensure the inclusion of open source software.

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(3) Guidance to establish a program to educate

the acquisition workforce by providing information to identify and counter misconceptions about open source software and to keep such information up-

(4) Guidance to define Government-wide standards for security, redistribution, indemnity, and copyright in the acquisition, use, release, and collaborative development of open source software.

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48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (5) Guidance for the establishment of a Government approval process to qualify open source software for widespread Government use, addressing issues such as security and redistribution rights. (6) Guidance to establish standard service level agreements for maintenance and support for open source software products widely adopted by the Government, as well as the development of Governmentwide agreements that contain standard and widely applicable contract provisions for ongoing maintenance and development of open source software. (7) Guidance on the role and use of the Federal Commodity Information Technology Acquisition

Center, established pursuant to section 11501 of title 40, United States Code (as added by section 302), for acquisition of open source software. (e) REPORT
TO

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17 21 containing— 22 23 guidance;
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18 after the issuance of the guidance required by subsection 19 (b), the Comptroller General of the United States shall 20 submit to the relevant congressional committees a report

(1) an assessment of the effectiveness of the

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CONGRESS.—Not later than 2 years

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49 1 2 3 4 5 6 (2) an identification of barriers to widespread use by the Federal Government of open source software; and (3) such legislative recommendations as the Comptroller General considers appropriate to further the purposes of this section.

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