[DISCUSSION DRAFT] SEPTEMBER 6, H. R. ll

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1 TH CONGRESS D SESSION [DISCUSSION DRAFT] SEPTEMBER, 0 H. R. ll To amend titles 0,, and, 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 A BILL To amend titles 0,, and, United States Code, to eliminate duplication and waste in information technology acquisition and management. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION. SHORT TITLE. This Act may be cited as the Federal Information Technology Acquisition Reform Act. SEC.. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec.. Short title. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

2 Sec.. Table of contents. Sec.. Definitions. TITLE I MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT Sec. 0. Increased authority of agency Chief Information Officers over information technology. Sec. 0. 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. 0. Purpose. Sec. 0. Definitions. Sec. 0. Plan for Federal Data Center Optimization Initiative. Sec. 0. Performance requirements related to data center consolidation. Sec. 0. Reporting requirements to Congress and the Federal Chief Information Officer. Subtitle B Additional Provisions Sec.. Inventory of information technology assets. Sec.. Uniform classification of commodity information technology assets. Sec.. Website consolidation and transparency. Sec.. Transition to the cloud. Sec.. Elimination of unnecessary duplication of contracts by requiring business case analysis. TITLE III STREAMLINING AND STRENGTHENING INFORMATION TECHNOLOGY ACQUISITION Subtitle A Streamlining IT Acquisition Practices Sec. 0. Establishment of Federal Commodity IT Acquisition Center. Sec. 0. Designation of Assisted Acquisition Centers of Excellence. Subtitle B Strengthening IT Acquisition Workforce Sec.. Expansion of training and use of information technology acquisition cadres. Sec.. Report on strengthening program and project management performance. Sec.. Personnel awards for excellence in the acquisition of information systems and information technology. TITLE IV ADDITIONAL REFORMS Sec. 0. Maximizing the benefit of the Federal Strategic Sourcing Initiative. Sec. 0. Promoting transparency of blanket purchase agreements. Sec. 0. Clarification relating to severable services contracts. Sec. 0. Additional source selection technique in solicitations. Sec. 0. Promotion of Government-wide support for the use and development of open source software. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

3 0 0 SEC.. DEFINITIONS. In this Act: () CHIEF ACQUISITION OFFICERS COUNCIL. The term Chief Acquisition Officers Council means the Chief Acquisition Officers Council established by section (a) of title, United States Code. () CHIEF INFORMATION OFFICER. The term Chief Information Officer means a Chief Informa- tion Officer (as designated under section 0(a)() of title, United States Code) of an agency listed in section 0(b) of title, United States Code. () CHIEF INFORMATION OFFICERS COUNCIL. The term Chief Information Officers Council means the Chief Information Officers Council estab- lished by section 0(a) of title, United States Code. () COMMODITY IT. The term 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 0 of title 0, United States Code, as added by section 0. () DIRECTOR. The term Director means the Director of the Office of Management and Budget. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

4 0 0 () FEDERAL AGENCY. The term Federal agency means each agency listed in section 0(b) of title, United States Code. () INFORMATION TECHNOLOGY OR IT. The term information technology or IT has the meaning provided in section 0() of title 0, United States Code. () 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. TITLE I MANAGEMENT OF IN- FORMATION TECHNOLOGY WITHIN FEDERAL GOVERN- MENT SEC. 0. INCREASED AUTHORITY OF AGENCY CHIEF IN- FORMATION OFFICERS OVER INFORMATION TECHNOLOGY. (a) AUTHORITY RELATING TO BUDGET AND PER- SONNEL. Section of title 0, United States Code, f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

5 0 0 is amended by adding at the end the following new subsection: (d) ADDITIONAL AUTHORITIES. () BUDGET-RELATED AUTHORITY. Amounts appropriated for any agency listed in section 0(b) of title for any fiscal year that are available for information technology shall be allocated within the agency, consistent with the provisions of appropria- tions Acts and budget guidelines and recommenda- tions 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. () PERSONNEL-RELATED AUTHORITY. The head of each agency listed in section 0(b) of title 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 SEEK ADVICE FROM CHIEF INFORMATION OFFICER ON DESIGNATION OR APPOINT- MENT OF DEPUTY CHIEF INFORMATION OFFICERS. () REQUIREMENT. Section 0(a)() of title, United States Code, is amended (A) by inserting (A) after () ; and f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

6 0 0 (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 desig- nating or appointing any deputy chief information officer within the agency.. () EFFECTIVE DATE. Section 0(a)()(B) of title, United States Code, as added by paragraph (), shall take effect as of lllll. Any individual serving in a position affected by such sec- tion before such date may continue in that position if the requirements of such section are fulfilled with respect to that individual. SEC. 0. LEAD COORDINATION ROLE OF CHIEF INFORMA- TION OFFICERS COUNCIL. Subsection (d) of section 0 of title, United States Code, is amended to read as follows: (d) The Council is designated the lead interagency forum for improving agency coordination of practices related to the design, acquisition, development, moderniza- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

7 0 0 tion, use, operation, sharing, and performance of Federal Government information resources. As the lead interagency forum, the Council shall develop cross-agency portfolio management policies to allow development of crossagency shared services and shared platforms.. TITLE II ELIMINATION OF DU- PLICATION AND WASTE IN IN- FORMATION ACQUISITION SEC. 0. PURPOSE. TECHNOLOGY Subtitle A Data Center Consolidation The purpose of this subtitle is to optimize Federal data center usage and efficiency. SEC. 0. DEFINITIONS. In this subtitle: () FEDERAL DATA CENTER OPTIMIZATION INI- TIATIVE. The term Federal Data Center Optimi- 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, 00. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

8 0 0 () COVERED AGENCY. The term covered agency means any agency included in the Federal Data Center Optimization Initiative. () FEDERAL CHIEF INFORMATION OFFICER. The term Federal Chief Information Officer means the chief information officer of the Office of Management and Budget. () DATA CENTER. The term data center means any room that is devoted to data processing servers, including server closets (typically less than 00 square feet) and server rooms (typically less than 00 square feet), within a conventional building, and larger spaces in any building dedicated to housing servers, storage devices, and network equip- ment, but the term does not include facilities that are exclusively devoted to communications and net- work equipment (such as telephone exchanges) and telecommunications rooms and closets. () FEDERAL DATA CENTER. The term Fed- 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. () SERVER UTILIZATION. The term server utilization refers to the activity level of a server rel- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

9 0 0 ative to its maximum activity level, expressed as a percentage. SEC. 0. PLAN FOR FEDERAL DATA CENTER OPTIMIZA- TION INITIATIVE. (a) PLAN REQUIREMENT. Within months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief infor- mation officers of covered agencies, shall develop and sub- mit to Congress a plan for implementation of the Federal Data Center Optimization Initiative. (b) MATTERS COVERED. The plan shall include () descriptions of how agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate meth- ods to meet the requirements of the initiative; and () appropriate consideration of shifting Feder- ally owned data centers to commercially owned data centers. SEC. 0. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER CONSOLIDATION. (a) SERVER UTILIZATION. Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Director of the Office of Management and Budget: f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

10 0 0 0 () 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 Con- gress. () The consolidation of services within existing data centers to increase server utilization rates. (b) EFFICIENT INFORMATION TECHNOLOGY. Each covered agency shall give high priority to replacement of data center servers and other information technology equipment with more efficient equipment, using a baseline and criteria developed by the Federal Chief Information Officer in consultation with agency Chief Information Of- ficers. SEC. 0. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF INFORMATION OFFI- CER. (a) AGENCY REQUIREMENT TO REPORT TO CIO. Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

11 0 0 including savings resulting from such implementation. The report shall include an update of the agency s plan for implementing the Initiative. (b) FEDERAL CHIEF INFORMATION OFFICER RE- QUIREMENT TO REPORT TO CONGRESS. Each year, the Federal Chief Information Officer shall submit to the rel- evant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 0. The report may be included as part of the annual report required under section 0 of title, United States Code. Subtitle B Additional Provisions SEC.. INVENTORY OF INFORMATION TECHNOLOGY AS- SETS. (a) PLAN. The Director shall develop and imple- ment a plan for conducting a Government-wide inventory of information technology assets. (b) MATTERS COVERED. The plan required by sub- section (a) shall cover the following: () 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 f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

12 0 0 hardware or software products or services that are duplicative or overlapping. () 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. () A Government-wide spending analysis to provide knowledge about how much is being spent for software products or services to support deci- sions for strategic sourcing under the Federal stra- tegic sourcing program managed by the Office of Federal Procurement Policy. (c) OTHER INVENTORIES. In developing the plan required by subsection (a), the Director shall review the inventory of information systems maintained by each agency under section 0(c) of title, United States Code, and the inventory of information resources maintained by each agency under section 0(b)() of such title. (d) AVAILABILITY. The inventory of information technology assets shall be available to Chief Information Officers and such other Federal officials as the Chief Information Officers may, in consultation with the Chief Information Officers Council, designate. (e) DEADLINE AND SUBMISSION TO CONGRESS. Not later than 0 days after the date of the enactment f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

13 0 0 of this Act, the Director shall complete and submit to Congress the plan required by subsection (a). (f) IMPLEMENTATION. Not later than two years after the date of the enactment of this Act, the Director shall complete implementation of the plan required by subsection (a). (g) REVIEW BY COMPTROLLER GENERAL. Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review the plan required by subsection (a) and submit to the rel- evant congressional committees a report on the review. SEC.. UNIFORM CLASSIFICATION OF COMMODITY IN- FORMATION TECHNOLOGY ASSETS. (a) ASSESSMENT. The Director shall conduct an assessment of commodity IT in Federal agencies in order to establish a uniform classification system of commodity IT. (b) MATTERS COVERED. In conducting the assess- ment, the Director shall () define the term commodity IT for purposes of the assessment; () identify business processes used in Federal agencies to acquire and implement commodity IT; and f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

14 0 0 () identify the manner in which each Federal agency currently describes or characterizes various types of commodity IT. (c) ESTABLISHMENT OF UNIFORM CLASSIFICATION SYSTEM. After completion of the assessment required by subsection (a), the Director shall establish and implement a system for classifying commodity IT by function. The classification system shall be uniform and apply to all Fed- eral agencies. (d) DEADLINE. The assessment and establishment of the classification system shall be completed not later than 0 days after the date of the enactment of this Act. SEC.. WEBSITE CONSOLIDATION AND TRANSPARENCY. (a) WEBSITE CONSOLIDATION. The Director shall () in consultation with Federal agencies, and after reviewing the directory of public Federal Gov- ernment websites of each agency (as required to be established and updated under section 0(f)() of the E-Government Act of 00 (Public Law 0- ; U.S.C. 0 note)), assess all the publicly available websites of Federal agencies to determine whether there are duplicative or overlapping websites; and f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

15 0 0 () require Federal agencies to eliminate or consolidate those websites that are duplicative or overlapping. (b) WEBSITE TRANSPARENCY. The Director shall issue guidance to Federal agencies to ensure that the data on publicly available websites of the agencies are open and accessible to the public. (c) MATTERS COVERED. In preparing the guidance required by subsection (b), the Director shall () develop guidelines, standards, and best practices for interoperability and transparency; and () identify interfaces that provide for shared, open solutions on the publicly available websites of the agencies. (d) DEADLINE FOR GUIDANCE. The guidance re- quired by subsection (b) shall be issued not later than 0 days after the date of the enactment of this Act. SEC.. TRANSITION TO THE CLOUD. (a) SENSE OF CONGRESS. It is the sense of Con- gress that transition to cloud computing offers significant potential benefits for the implementation of Federal information technology projects in terms of flexibility, cost, and operational benefits. (b) GOVERNMENT-WIDE APPLICATION. In assessing cloud computing opportunities, the Director shall, to the f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

16 0 0 maximum extent practicable, adopt a Government-wide program providing for a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services. SEC.. ELIMINATION OF UNNECESSARY DUPLICATION OF CONTRACTS BY REQUIRING BUSINESS CASE ANALYSIS. (a) PURPOSE. The purpose of this section is to le- verage the Government s buying power and achieve admin- istrative efficiencies and cost savings by eliminating un- necessary duplication of contracts. (b) REQUIREMENT FOR BUSINESS CASE AP- PROVAL. () IN GENERAL. Effective on and after 0 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 Policy. () REVIEW OF BUSINESS CASE ANALYSIS. (A) IN GENERAL. With respect to any covered contract vehicle, the Administrator for Federal Procurement Policy shall review the f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

17 0 0 business case analysis submitted for the contract vehicle and provide an approval or disapproval within 00 days after the date of submission. Any business case analysis not disapproved within such 00-day period is deemed to be approved. (B) BASIS FOR APPROVAL OF BUSINESS CASE. The Administrator for Federal Procure- ment Policy shall approve or disapprove a busi- ness 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. () 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 vehicle, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

18 0 0 contract vehicle and the impact such contract vehicle will have on the ability of the Federal Government to leverage its purchasing power. (c) DEFINITIONS. () COVERED CONTRACT VEHICLE. The term covered contract vehicle has the meaning provided by the Administrator for Federal Procurement Pol- icy in guidance issued pursuant to this section and includes, at a minimum, any Government-wide con- tract vehicle in an amount greater than $0,000,000 (or $0,000,000, determined on an average annual basis, in the case of such a contract vehicle performed over more than one year). () GOVERNMENT-WIDE CONTRACT VEHICLE. The term Government-wide contract vehicle has the meaning provided in section 0 of title 0, United States Code, as added by section 0. (d) REPORT. Not later than June in each of the next years following the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall submit to the relevant congressional committees a report on the implementation of this section, including a summary of the submissions, reviews, approvals, and disapprovals of business case analyses pursuant to this section. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

19 0 0 section. TITLE III STREAMLINING AND STRENGTHENING (e) GUIDANCE. The Administrator for Federal Procurement Policy shall issue guidance for implementing this section. (f) REVISION OF FAR. Not later than 0 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to implement this INFORMA- TION TECHNOLOGY ACQUISI- TION Subtitle A Streamlining IT Acquisition Practices SEC. 0. ESTABLISHMENT OF FEDERAL COMMODITY IT AC- QUISITION CENTER. (a) ESTABLISHMENT. () IN GENERAL. Chapter of title 0, United States Code, is amended to read as follows: CHAPTER FEDERAL INFORMATION TECHNOLOGY ACQUISITION STREAM- LINING Sec. 0. Federal Commodity IT Acquisition Center. 0. Federal Commodity IT Acquisition Center (a) ESTABLISHMENT AND PURPOSES. The Direc- tor of the Office of Management and Budget shall estab- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

20 0 0 0 lish a Federal Commodity Information Technology Acquisition Center (hereafter in this section referred to as the Center ) in accordance with this section. The purposes of the Center are to serve as a focal point for coordinated acquisition practices and to obtain lowest costs for the Government in the acquisition of commodity IT through () the elimination of redundancies; () the aggregation of demands from executive agencies for commodity IT; () the development of Government-wide com- modity IT acquisition capability in partnership with various agencies with specialized expertise in information technology; () active engagement with the private sector to use up-to-date commercial technologies and to re- move unnecessary burdens on industry in its inter- actions with the Government; () the pursuit of innovative acquisition strate- gies to overcome vendor monopolies and to maximize the use of commercial best practices; and () the application of Government-wide use and license rights. (b) DESIGNATION OF LEAD AGENCY TO HOST CEN- TER. Not later than year after the date of the enactment of this section and every years thereafter, the Di- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

21 0 0 rector shall designate (or redesignate) a lead executive agency to host the Center. (c) CRITERIA FOR DESIGNATION OF LEAD AGEN- CY. In designating (or redesignating) the lead executive agency hosting the Center, the Director shall consider, at a minimum, the following matters: () The host agency s ability, including the in- house technical and program management staff, to develop and maintain requirements necessary to es- tablish Government-wide commodity IT contracts that meet the Government s needs while meeting current industry standards and commercial best practices. () The host agency s ability to award and manage innovative Government-wide contract vehi- cles and other acquisition solutions by (A) ensuring best value through meaningful price competition by using aggregated demand by centralizing information technology acquisitions for commodity IT across all executive agencies; (B) promoting competition among major providers of commercial information technology as prime contractors to maximize best value and performance accountability by effective f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

22 0 0 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 man- agement, consideration of total cost of owner- ship, 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. () The host agency s in-house capability to consistently develop reliable cost estimates that are accurate, comprehensive, well-documented, and cred- ible. () The host agency s ability to work in part- nership with other agencies. (d) GUIDANCE. The Director, in consultation with the Chief Information Officers Council, shall issue guidance addressing the scope and operation of the Center. The guidance shall address, at a minimum, the following: f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

23 0 0 () The definition of those information technology goods and services that shall be considered to be commodity IT. () Reorganization or elimination of unnecessary and duplicative Government-wide contract vehicles offered by executive agencies, to ensure consist- ency among Government-wide contract vehicles for commodity IT. () 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). () Circumstances under which executive agencies shall be required to consider the use of an Assisted Acquisition Center of Excellence (author- ized in section 0) to acquire commonly used in- formation technology goods and services. (e) REQUIREMENT TO CONSULT CENTER. In the acquisition of commodity IT in an amount exceeding $0,000,000, each executive agency shall consult the Center, unless there are unique circumstances that justify not consulting the Center. The Federal Acquisition Regulation shall define the term unique circumstances for purposes of this subsection and shall require that the program manager and the contracting officer of the agency shall con- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

24 0 0 sider and document in the acquisition plan for the acquisition a justification for using Government-wide contract vehicles other than those issued or endorsed by the Center. (f) REPORT TO CONGRESS. The Director shall annually submit to the relevant congressional committees a report setting forth those executive agencies that did not use, during the year covered by the report, the capabilities of the Center and the Assisted Acquisition Centers of Ex- cellence (authorized in section 0), as required by sub- section (e) and the guidance issued pursuant to subsection (d). (g) IMPROVEMENT OF THE DOD ENTERPRISE SOFTWARE INITIATIVE AND GSA SMARTBUY PROGRAM. () IN GENERAL. The Center, in collabora- tion with the Office of Federal Procurement Policy, the Department of Defense, and the General Serv- ices Administration, shall identify and develop a strategic sourcing initiative to enhance Government- wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements. () EXAMINATION OF METHODS. In developing the strategic sourcing initiative, the Center shall examine the use of strategic sourcing methods, including aggregate demand-based contracting mod- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

25 0 0 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. () GOVERNMENT-WIDE USER LICENSE AGREEMENT. The Center shall establish a Govern- ment-wide contract vehicle that allows for the pur- chase of a license agreement that is available for use by all executive agencies as one user. To the max- imum extent practicable, in establishing the Govern- ment-wide contract vehicle, the Center shall pursue direct negotiation and contracting with major software publishers as prime contractors. (h) GUIDELINES FOR THE ESTABLISHMENT OF GOVERNMENT-WIDE CONTRACT VEHICLES FOR COM- MODITY IT. () 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. () CENTRAL WEBSITE. In preparing the guidelines, the Center, in consultation with the Chief Acquisition Officers Council, shall offer executive f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

26 0 0 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. () CLOUD SERVICE. In preparing the guidelines, the Center shall examine innovative ap- proaches, such as creating or designating a Govern- ment organization to serve as a Government-wide cloud service broker to achieve rapid provision of needed services. (i) PRICING TRANSPARENCY. The Center shall compile a price list and catalogue containing current pricing information by vendor for each of its commodity IT 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 com- parisons and pricing analysis using standard data formats. The price catalogue shall be made widely available and ac- cessible to executive agencies. (j) FEDERAL IT ACQUISITION MANAGEMENT IM- PROVEMENT FUND. () ESTABLISHMENT AND MANAGEMENT OF FUND. There is a Federal IT Acquisition Management Improvement Fund (in this subsection referred f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

27 0 0 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. () CREDITS TO FUND. Five percent of the fees collected by executive agencies under the fol- lowing contracts shall be credited to the Fund: (A) Government-wide task and delivery order contracts entered into under sections 0 and 0 of title. (B) Government-wide contracts for the acquisition of information technology and multi- agency acquisition contracts for that technology authorized by section of this title. (C) Multiple-award schedule contracts entered into by the Administrator of General Services. () REMITTANCE BY HEAD OF EXECUTIVE AGENCY. The head of an executive agency that administers a contract described in paragraph () shall remit to the General Services Administration the amount required to be credited to the Fund with re- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

28 0 0 spect to the contract at the end of each quarter of the fiscal year. () 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 Center carried out pursuant to this section. () AVAILABILITY OF AMOUNTS. Amounts credited to the Fund remain available to be ex- pended only in the fiscal year for which they are credited and the succeeding fiscal years. (k) DEFINITIONS. In this section: () EXECUTIVE AGENCY. The term executive agency has the meaning provided that term by sec- tion of title. () GOVERNMENT-WIDE CONTRACT VEHI- CLE. The 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. () RELEVANT CONGRESSIONAL COMMIT- TEES. The term relevant congressional committees means each of the following: f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

29 0 0 (A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representa- tives. (B) The Committee on Homeland Secu- rity and Government Affairs and the Committee on Armed Services of the Senate. (l) REVISION OF FAR. The Federal Acquisition Regulation shall be amended to implement this section.. () CLERICAL AMENDMENT. The item relating to chapter in the table of chapters at the begin- ning of subtitle III of title 0, United States Code, is amended to read as follows:. Federal Information Technology Acquisition Streamlining...0. (b) DEADLINES. () Not later than 0 days after the date of the enactment of this Act (A) the Director shall issue guidance under section 0(d) of title 0, United States Code, as added by subsection (a); and (B) the Federal Acquisition Regulation shall be revised in accordance with section 0(e) of such title, as so added. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

30 0 0 0 () Not later than 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 0(g) of such title, as so added; and (B) establish guidelines in accordance with section 0(h) of such title, as so added. SEC. 0. DESIGNATION OF ASSISTED ACQUISITION CEN- TERS OF EXCELLENCE. (a) DESIGNATION. Chapter of title 0, United States Code, as amended by section 0, is further amended by adding at the end the following new section: 0. Assisted Acquisition Centers of Excellence (a) PURPOSE. The purpose of this section is to de- velop specialized assisted acquisition centers of excellence within the Federal Government to promote tices; and () the effective use of best acquisition prac- () the development of specialized expertise in the acquisition of information technology; and () Government-wide sharing of acquisition capability to augment any shortage in the information technology acquisition workforce. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

31 0 0 (b) DESIGNATION OF AACES. Not later than year after the date of the enactment of this section, and every 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 var- ious executive agencies to carry out the functions set forth in subsection (c) in an area of specialized acquisition ex- pertise as determined by the Director. Each such center of excellence shall be known as an Assisted Acquisition Center of Excellence or an AACE. (c) FUNCTIONS. The functions of each AACE are as follows: () 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). () 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 f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

32 0 0 acquisition of similar information technology requirements. () DEVELOPMENT AND TRAINING OF IT AC- QUISITION WORKFORCE. To assist in recruiting and training IT acquisition cadres (referred to in section 0(j) of title ). (d) CRITERIA. In designating, redesignating, or withdrawing the designation of an AACE, the Director shall consider, at a minimum, the following matters: () The subject matter expertise of the host agency in a specific area of information technology acquisition. () The ability of an AACE to develop customized requirements documents that meet the needs of executive agencies as well as the current in- dustry standards and commercial best practices. () The ability of an AACE to consistently award and manage various contracts, task or deliv- ery orders, and other acquisition arrangements in a timely, cost-effective, and compliant manner. () 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. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

33 0 0 () 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). () The ability of an AACE to maximize com- mercial item acquisition, avoid high-risk contract types, increase competition, promote small business participation, and maximize use of available Govern- ment-wide contract vehicles endorsed by the Center. () 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. () The ability of an AACE to employ best practices and educate requesting agencies, to the maximum extent practicable, regarding critical fac- tors underlying successful major IT acquisitions, in- cluding 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. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

34 0 0 (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 Govern- ment and contractor staff. (G) Prioritization of requirements by pro- gram staff. (H) Maintenance of regular communica- tion with the prime contractor by program officials. (I) Receipt of sufficient funding by pro- grams. () The ability of an AACE to run an effective acquisition intern program in collaboration with the Federal Acquisition Institute or the Defense Acquisi- tion University. (0) The ability of an AACE to effectively and properly manage fees received for assisted acquisitions pursuant to this section. (e) OTHER TRANSACTION AUTHORITY. () IN GENERAL. Each AACE designated or redesignated under this section may use a form of transaction other than a grant, contract, or coopera- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

35 0 0 tive agreement to perform its functions under this section. () JUSTIFICATION AND APPROVAL RE- QUIRED. Any use of the authority provided by paragraph () (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 agen- cy 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 Government 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. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

36 0 0 () REPORT TO CONGRESS. Not later than October 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 recommenda- tions as the Administrator considers appropriate for expanding or reducing that authority. (f) REQUIREMENT TO CONSULT AACE. In the ac- quisition of goods or services covered by an area of special- ized acquisition expertise of an AACE in an amount exceeding $,000,000, each executive agency shall consult the AACE, unless there are unique circumstances that justify not consulting the AACE. The Federal Acquisition Regulation shall define the term unique circumstances for purposes of this subsection and shall require that the program manager and the contracting officer of the agen- cy shall consider and document in the acquisition plan for the acquisition a justification for conducting its own acqui- sition rather than using the AACE to assist in the acquisition. (g) GOVERNMENT ACCOUNTABILITY OFFICE RE- VIEW OF AACE. () REVIEW. The Comptroller General of the United States shall review and assess the use and f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

37 0 0 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. () REPORT. Not later than year after the designation or redesignation under (b), the Comp- troller General shall submit to the relevant congres- sional committees a report containing the findings and assessment under paragraph (). (h) DEFINITIONS. In this section: () ASSISTED ACQUISITION. The term assisted acquisition means a type of interagency acquisition in which the parties enter into an inter- agency 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 of this title, sections and of title, or other available methods. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

38 0 0 () EXECUTIVE AGENCY. The term executive agency has the meaning provided that term by section of title. () RELEVANT CONGRESSIONAL COMMIT- TEES. The term relevant congressional committees has the meaning provided that term by section 0 of this title. (i) REVISION OF FAR. The Federal Acquisition Regulation shall be amended to implement this section.. (b) CLERICAL AMENDMENT. The table of sections at the beginning of chapter of title 0, United States Code, as added by section 0, is amended by adding at the end the following new item: 0. Assisted Acquisition Centers of Excellence.. Subtitle B Strengthening IT Acquisition Workforce SEC.. EXPANSION OF TRAINING AND USE OF INFORMA- TION TECHNOLOGY ACQUISITION CADRES. (a) PURPOSE. The purpose of this section is to en- sure timely progress by Federal agencies toward developing, strengthening, and deploying personnel with highly specialized skills in information technology acquisition, including program and project managers, to be known as information technology acquisition cadres. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

39 0 0 (b) REPORT TO CONGRESS. Section 0 of title, United States Code, is amended by adding at the end the following new subsection: (j) REPORT ON INFORMATION TECHNOLOGY ACQUI- SITION CADRES. () REPORT TO CONGRESS. Not later than June in each of the next years following the date of the enactment of this subsection, the Director shall submit to the relevant congressional commit- tees 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. () MATTERS COVERED. The report shall in- clude, at a minimum, an examination of the fol- lowing 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 report, and the specialized information technology acquisi- f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

40 0 0 0 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 Fed- eral agencies covered by the report, including an examination of interagency funding methods and a discussion of how the model of the De- fense Acquisition Workforce Development Fund could be applied to civilian agencies. (D) Any strategic human capital planning necessary to hire, retain, and train an informa- tion acquisition cadre of appropriate size and skill at each Federal agency covered by the report. (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 the report. () DEFINITIONS. In this subsection: f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

41 0 0 (A) The term Federal agency means each agency listed in section 0() of title. (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 Represent- atives. (ii) The Committee on Homeland Se- curity and Government Affairs and the Committee on Armed Services of the Senate.. SEC.. REPORT ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT PERFORMANCE. (a) REPORT ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT PERFORMANCE. Not later than June following the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in con- sultation with the Director of the Office of Personnel Man- agement, shall submit to the relevant congressional committees a report on ways to improve management of programs and projects. (b) MATTERS COVERED. The report required by subsection (a) shall include, at a minimum, the following: f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

42 0 0 () An examination of the need for a new job series for program management. () A discussion of the feasibility of making the current pilot IT program management career path program government-wide. () A discussion of the elimination of unneces- sary duplication in program management certifi- cations and training in Federal agencies. () Such recommendations as the Administrator considers appropriate. SEC.. PERSONNEL AWARDS FOR EXCELLENCE IN THE ACQUISITION OF INFORMATION SYSTEMS AND INFORMATION TECHNOLOGY. (a) IN GENERAL. Not later than 0 days after the date of the enactment of this Act, the Director of the Of- fice of Personnel Management shall develop policy and guidance for agencies to develop a program to recognize excellent performance by Federal Government employees and teams of such employees in the acquisition of informa- tion systems and information technology for the agency. (b) ELEMENTS. The program referred to in subsection (a) shall, to the extent practicable () obtain objective outcome measures; and () include procedures for f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

43 0 0 (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 or more agency panels of individuals from government, aca- demia, and the private sector who have such ex- pertise, and are appointed in such a manner, as the Director of the Office of Personal Manage- ment shall establish for purposes of the pro- gram. (c) AWARD OF CASH BONUSES AND OTHER INCEN- TIVES. In carrying out the program referred to in subsection (a), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall establish policies and guidance for agencies to reward any Federal Government employee or teams of such employees recognized pursuant to the program () 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 provision of law; () through promotions and other nonmonetary awards; f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

44 0 0 () by publicizing (A) acquisition accomplishments by individual employees; and (B) the tangible end benefits that resulted from such accomplishments, as appropriate; and () through other awards, incentives, or bo- nuses that the head of the agency considers appro- priate. TITLE IV ADDITIONAL REFORMS SEC. 0. MAXIMIZING THE BENEFIT OF THE FEDERAL STRATEGIC SOURCING INITIATIVE. Not later than 0 days after the date of the enactment of this Act, the Administrator for Federal Procure- ment Policy shall prescribe regulations providing that when the Federal Government purchases services and sup- plies offered under the Federal Strategic Sourcing Initia- tive (managed by the Office of Federal Procurement Pol- icy) priority shall be given to services and supplies offered under such Initiative over services and supplies offered under the Federal Supply Schedules or commercial sources. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

45 0 0 SEC. 0. PROMOTING TRANSPARENCY OF BLANKET PUR- CHASE AGREEMENTS. (a) PRICE INFORMATION TO BE TREATED AS PUBLIC INFORMATION. The final negotiated price offered by an awardee of a blanket purchase agreement shall be treated as public information. (b) PUBLICATION OF BLANKET PURCHASE AGREE- MENT INFORMATION. Not later than 0 days after the date of the enactment of this Act, the Administrator of General Services shall make available to the public a list of all blanket purchase agreements entered into by Federal agencies under its Federal Supply Schedules contracts and the prices associated with those blanket purchase agreements. The list and price information shall be updated at least once every months. SEC. 0. CLARIFICATION RELATING TO SEVERABLE SERV- ICES CONTRACTS. Section 0(a) of title, United States Code, is amended by inserting before the period at the end the fol- lowing: and if the period of availability of the appropriations funding the contract does not exceed one year.. SEC. 0. ADDITIONAL SOURCE SELECTION TECHNIQUE IN SOLICITATIONS. Section 0(d) of title, United States Code, is amended f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

46 0 0 () by striking or at the end of paragraph (); () by striking the period and inserting ; or at the end of paragraph (); and () by adding at the end the following new paragraph: () stating in the solicitation that the award will be made using a fixed price technical competi- tion, under which all offerors compete solely on non- price factors and the fixed award price is announced in solicitation.. SEC. 0. PROMOTION OF GOVERNMENT-WIDE SUPPORT FOR THE USE AND DEVELOPMENT OF OPEN SOURCE SOFTWARE. (a) PURPOSE. The purpose of this section is to pro- mote the use and collaborative development of open source software within the Federal government. (b) STANDARDS AND GUIDELINES. Section 0(d) of title 0, United States Code, is amended by adding at the end the following: The standards and guidelines shall include those necessary to enable effective adoption of open source software. (c) GUIDANCE. Not later than 0 days after the date of the enactment of this Act, the Director, in consultation with the Chief Information Officers Council, f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

47 0 0 shall issue guidance for the use and collaborative development of open source software within the Federal government. (d) MATTERS COVERED. In issuing guidance under subsection (c), the Director shall include, at a minimum, the following: () Guidance to clarify that the preference for commercial items in section 0 of title, United States Code, includes all open source software that meets the definition of commercial item in section 0 of title 0, United State Code, including all such software that is used for non-government purposes and is licensed to the public. () Guidance regarding the conduct of market research to ensure the inclusion of open source soft- ware. () 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 updated. () Guidance to define Government-wide standards for security, redistribution, indemnity, and copyright in the acquisition, use, release, and collaborative development of open source software. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

48 0 0 () 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. () Guidance to establish standard service level agreements for maintenance and support for open source software products widely adopted by the Gov- ernment, as well as the development of Government- wide agreements that contain standard and widely applicable contract provisions for ongoing mainte- nance and development of open source software. () Guidance on the role and use of the Federal Commodity Information Technology Acquisition Center, established pursuant to section 0 of title 0, United States Code (as added by section 0), for acquisition of open source software. (e) REPORT TO CONGRESS. Not later than years after the issuance of the guidance required by subsection (b), the Comptroller General of the United States shall submit to the relevant congressional committees a report containing () an assessment of the effectiveness of the guidance; f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H

49 () an identification of barriers to widespread use by the Federal Government of open source software; and () such legislative recommendations as the Comptroller General considers appropriate to further the purposes of this section. f:\vhlc\00\00..xml ( ) September, 0 (: p.m.) VerDate 0ct 0 00 :0 Sep 0, 0 Jkt PO Frm 000 Fmt Sfmt 0 C:\DOCUME~\SLCHRISS\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\ITMGMT~.XML H