Sens. Gary Peters, D-Mich., and Ted Cruz, R-Texas, have proposed a new bipartisan proposal to make procurement easier for both federal procurement officials and contractors who buy and sell technology. Is going.
The Federal Technology Improvement Act (FIT) Procurement Act was introduced on March 22 and shared exclusively. Nextgov/FCW The decision was made by the Homeland Security and Governmental Affairs Committee, which Peters chairs.
“My bill will ensure that the best and most innovative companies, including start-ups and small businesses, can compete for federal contracts and ensure that the federal government is aligned in providing services to the American people. It allows us to stay on the cutting edge,” Peters said in a statement. statement.
The bill would mandate updates to procurement rules and programs to remove restrictive requirements and expand procurement options to help agencies move quickly, the senators said. It also aims to create opportunities for companies entering the federal market.
“I'm proud to work with Senator Peters to introduce this bipartisan bill to reduce barriers to government access to the best technology at the lowest cost,” Cruz said in a statement.
Senators cited concerns about the declining number of companies working with the government as the reason the bill was needed.
Some of the solutions they propose are aimed at empowering agencies to make upfront payments to purchase cloud computing, data center solutions, and other technologies that are purchased on a subscription or tenant basis. .
According to HSGAC aides, government buyers are having a hard time making upfront payments for cloud, which is common in the commercial sector, due to how current government requirements are being interpreted.
According to HSGAC aides, the bill would also create a permanent special procurement authority within GSA and DHS outside of the FAR called the Commercial Solutions Opening Authority.
The authority, which currently aims to give agencies more flexible procedures for purchasing innovative technology, is scheduled to be phased out within a few years. The bill would also give OMB the authority to extend this flexibility to more agencies.
The proposal would double the simplified acquisition threshold, the maximum expected value of a contract that allows government officials to take advantage of simplified procurement procedures, from $250,000 to $500,000.
The bill also includes language that expands how companies can demonstrate past performance when competing for government contracts and provides guidance to agencies to consider non-federal work as historical references. Mandating it could be especially helpful, HSGAC aides said. For example, technologies that the government has not yet purchased or companies that are not participating in the federal market.
Another part of the bill would require government buyers that take advantage of the General Services Administration's multiple award schedule program to prioritize lowest cost when making acquisition decisions by aligning the program with other parts of the FAR. It directs them to take a “best value'' approach instead of According to an aide to HSGAC.
The proposal also includes a series of requirements for updating the Federal Acquisition Institute to train federal buyers on technologies such as artificial intelligence and how to buy them, as well as changes to how that training is funded.
Finally, the bill's provisions are intended to encourage the use of government purchasing power to encourage employee stock ownership programs.
David Berteau, president and CEO of the Professional Services Council, a federal services industry trade group that has voiced support for the bill, said the motivations behind the proposal include said concerns include how long it will take to purchase the technology.
The government is also still adapting to changes in where new and innovative technologies are developed, Bertaud said. In the past, it was common for new technologies to be developed first for governments themselves. Governments now often have to purchase innovative technologies that were first developed in the commercial sector outside of government.
In addition to the PSC, the bill has the support of the Information Technology Industry Council, a technology industry group.
Megan Petersen, vice president and general counsel for public sector policy at ITI, said in a statement: “This legislation will provide the U.S. government with much-needed flexibility when purchasing cloud computing, data center solutions and services, and other cutting-edge technologies.” The proposal “addresses many of the long-standing challenges faced by the U.S. government when purchasing commercial information technology.”
But “laws usually don't come into force automatically,” Berteau said, noting that if passed, some of the laws would require new regulations and procedures. The administration already has many contract-related rules and regulations in various stages of implementation, “so the system is pretty clogged,” he said.
“The law alone is very important, but it's not enough,” he said.
Peters, along with Sen. James Lankford (R-Okla.), also supports another recently introduced proposal focused on contracts. The proposal calls for a new pilot program across at least four agencies to study the use of performance indicators in contracting. And earlier this year, senators supported a proposal aimed at simplifying the solicitation and awarding process for contracts.
