H.R. 4123

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4123 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 4123

To improve Federal technology procurement, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 25, 2025

Mr. Burlison (for himself, Mr. Subramanyam, Mrs. Luna, and Mr. Lynch) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform, and in addition to the Committee on 
Small Business, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To improve Federal technology procurement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Improvement in Technology 
Procurement Act'' or the ``FIT Procurement Act''.

SEC. 2. DEFINITIONS.

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

SEC. 3. ACQUISITION WORKFORCE.

(a) Experiential Learning.--Not later than 18 months after the date 
of the enactment of this Act, the Federal Acquisition Institute shall 
establish a pilot program to consider the incorporation of experiential 
learning into the Federal Credentials Program, the Federal Acquisition 
Certification-Contracting Officer's Representative Program, and the 
Federal Acquisition Certification for Program and Project Managers 
Program, or any successor program.
(b) Training on Information and Communications Technology 
Acquisition.--
(1) In general.--Not later than 18 months after the date of 
the enactment of this Act, the Director of the Federal 
Acquisition Institute, in coordination with the Administrator, 
the Administrator of General Services, and the Administrator of 
the Office of Electronic Government, and in consultation with 
the heads of other executive agencies as determined to be 
appropriate by the Director of the Federal Acquisition 
Institute, shall develop and implement or otherwise provide a 
cross-functional information and communications technology 
acquisition training program for acquisition workforce members 
involved in acquiring information and communications 
technology. The training shall do the following:
(A) Include learning objectives related to market 
research, communicating with industry and industry 
perspectives on the procurement process, including how 
investment decisions are impacted by Government 
communication and engagement, developing requirements, 
acquisition planning, best practices for developing and 
executing outcome-based contracts, and source selection 
strategy, evaluating proposals, and awarding and 
administering contracts for information and 
communications technology.
(B) Include learning objectives that provide a 
basic understanding of key technologies executive 
agencies need, such as cloud computing, artificial 
intelligence and artificial intelligence-enabled 
applications, and cybersecurity solutions.
(C) Include learning objectives that encourage the 
use of commercial or commercially available off-the-
shelf technologies to the greatest extent practicable.
(D) Include case studies of lessons learned from 
Federal information and communications technology 
procurements and contracts, and related matters as 
determined to be relevant by the Director of the 
Federal Acquisition Institute.
(E) Include experiential learning opportunities, 
and opportunities to practice acquisition teaming 
involving collaboration of team members with varied 
relevant domain expertise to complete acquisition-
related tasks, including tasks with accelerated 
timelines.
(F) Include continuous learning recommendations and 
resources to keep the skills of acquisition workforce 
members current, including tools that help adopt or 
adapt the use of innovative acquisition practices or 
other flexible business practices commonly used in 
commercial buys.
(G) Be made available to acquisition workforce 
members designated by a Chief Acquisition Officer, 
senior procurement executive, or head of the 
contracting activity to participate in the training 
program.
(H) Inform executive agencies about streamlined and 
alternative procurement methods for procurement of 
information and communications technology, including--
(i) simplified procedures for certain 
commercial products and commercial services in 
accordance with subpart 13.5 of the Federal 
Acquisition Regulation, prize competitions 
under the America COMPETES Reauthorization Act 
of 2010 (Public Law 111-358), competitive 
programs that encourage businesses to engage in 
Federal research or research and development 
with the potential for commercialization, and 
joint venture partnerships;
(ii) innovative procurement techniques 
designed to streamline the procurement process 
and lower barriers to entry, such as use of 
oral presentations and product demonstrations 
instead of lengthy written proposals, 
appropriately leveraging performance and 
outcomes-based contracting, and other 
techniques discussed on the Periodic Table of 
Acquisition Innovations or other similar 
successor knowledge management portals; and
(iii) information on appropriate use, 
examples and templates, and any other 
information determined relevant by the 
Administrator to assist contracting officers 
and other members of the acquisition workforce 
in using the procedures described in clauses 
(i) and (ii).
(I) Incorporate learning objectives to identify and 
mitigate waste, fraud, and abuse and ensure the 
protection of established privacy, civil rights, and 
civil liberties in the procurement process.
(2) Report.--Not later than 2 years after the date of the 
enactment of this Act, the Director of the Federal Acquisition 
Institute shall provide to the relevant committees of Congress, 
the Chief Acquisition Officers Council, and the Chief 
Information Officers Council--
(A) a report on the progress of the Director in 
developing and implementing or otherwise providing the 
information and communications technology acquisition 
training described in paragraph (1); and
(B) a list of any acquisition training that the 
Director determines to be outdated or no longer 
necessary.
(3) Duration.--The training program shall be updated as 
appropriate, but at least every 2 years after implementation, 
and offered for a minimum of 6 years following the date of 
implementation of the training program.
(c) Acquisition Workforce Training Fund.--Section 1703(i)(3) of 
title 41, United States Code, is amended by striking ``Five percent'' 
and inserting ``Seven and a half percent''.
(d) Harmonization of Acquisition Workforce Training Requirements.--
Section 2 of the Artificial Intelligence Training for the Acquisition 
Workforce Act (Public Law 117-207; 41 U.S.C. 1703 note) is amended--
(1) in subsection (a)(4), by striking ``Director.--The term 
`Director' means the Director of the Office of Management and 
Budget.'' and inserting ``Administrator.--The term 
`Administrator' means the Administrator of General Services.''.
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director, in 
coordination with the Administrator of General Services 
and any other person determined relevant by the 
Director'' and inserting ``Administrator, in 
coordination with the Director of the Office of 
Management and Budget'';
(B) in paragraph (4), by striking ``Director'' and 
inserting ``Administrator'';
(C) in paragraph (5), by striking ``Director'' and 
inserting ``Administrator''; and
(D) in paragraph (6), by striking ``Director'' and 
inserting ``Administrator''.

SEC. 4. INNOVATIVE PROCUREMENT METHODS.

(a) Increase in Simplified Acquisition Threshold.--Section 134 of 
title 41, United States Code, is amended by striking ``$250,000'' and 
inserting ``$500,000''.
(b) Increase in Micro Purchase Threshold.--Section 1902(a)(1) of 
title 41, United States Code, is amended by striking ``$10,000'' and 
inserting ``$25,000.''.
(c) Advances for Commercial Technology Subscriptions and Tenancy.--
Section 3324(d) of title 31, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``; and'' and 
inserting a semicolon;
(2) in paragraph (2)--
(A) by inserting ``or commercially available 
content'' after ``publication''; and
(B) by striking the period at the end and inserting 
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) charges for information and communications technology 
subscriptions, reservations, or tenancy, which means the 
sharing of computing resources in a private or public 
environment, including cloud environments, for which the 
ordering agency defines appropriate access and security 
standards.''.

SEC. 5. INCREASING COMPETITION IN FEDERAL CONTRACTING.

(a) Use of Past Performance.--
(1) In general.--Not later than 1 year after the date of 
the enactment of this Act, the Administrator shall issue 
guidance, including examples and templates where appropriate, 
on--
(A) when a wider range of projects, such as 
commercial or non-government, as well as Government 
projects, should be accepted as relevant past 
performance, in order to have increased competition 
among eligible firms with capability to perform a 
requirement, such as a requirement without much 
precedent;
(B) a means by which an agency may validate non-
government past performance references, such as by 
requiring an official of an entity providing past 
performance references to attest to their authenticity 
and by providing verifiable contact information for the 
references; and
(C) use of alternative evaluation methods other 
than past performance that may be appropriate for a 
requirement without much precedent, such as 
demonstrations and testing of technologies as part of 
the proposal process.
(2) Supplement not supplant.--The guidance issued under 
paragraph (1) shall supplement existing Federal and agency 
policy and procedures for consideration of past performance and 
other evaluation factors and methods.
(b) Enhancing Competition in Federal Procurement.--
(1) Council recommendations.--Not later than 90 days after 
the date of the enactment of this Act, the Administrator shall 
convene the Chief Acquisition Officers Council (in this section 
referred to as the ``Council''), to make recommendations to 
identify and eliminate specific, unnecessary procedural 
barriers that disproportionately affect the ability of small 
businesses to compete for Federal contracts, with a focus on 
streamlining documentation and qualification requirements 
unrelated to the protection of privacy and civil liberties.
(2) Consultation.--The Council shall obtain input from the 
public, including from the APEX Accelerators program (formerly 
known as Procurement Technical Assistance Center network) and 
other contractor representatives, to identify Federal 
procurement policies and regulations that are obsolete, overly 
burdensome or restrictive, not adequately harmonized, or 
otherwise serve to create barriers to small business 
participation in Federal contracting or unnecessarily increase 
bid and proposal costs.
(3) Examination of actions.--The Council shall consider the 
input obtained under paragraph (2) and any other information 
determined to be relevant by the Council to identify 
legislative, regulatory, and other actions to increase 
competition and remove barriers to small business participation 
in the procurement process.
(4) Implementation.--Not later than 2 years after the date 
of the enactment of this Act, the Administrator, in 
consultation with the Federal Acquisition Regulatory Council, 
the Chief Acquisition Officers Council, and other executive 
agencies as appropriate, shall implement the regulatory and 
other non-legislative actions identified under paragraph (3), 
as determined necessary by the Administrator, to remove 
barriers to entry for small businesses seeking to participate 
in Federal Government procurement.
(5) Briefing.--Not later than 2 years after the date of the 
enactment of this Act, the Administrator shall brief the 
relevant committees of Congress on the legislative actions 
identified under paragraph (3), and the actions implemented 
under paragraph (4).
(c) Consideration of Cost-Efficiency and Quality.--The 
Administrator shall advocate for and prioritize contracting policies 
that ensure that cost-efficiency and quality of goods and services are 
key determining factors in awarding Federal contracts.

SEC. 6. COMPTROLLER GENERAL ASSESSMENT OF SMALL BUSINESS PARTICIPATION 
IN FEDERAL PROCUREMENT.

Not later than 18 months after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress and make publicly available a report that--
(1) assesses the current level of small business 
participation in Federal procurement, identifying barriers, 
opportunities, and the impact of existing policies on the 
ability of small businesses to compete in Federal procurement;
(2) catalogs and evaluates the effectiveness of programs 
intended to support small business participation in Federal 
procurement; and
(3) analyzes trends in small business involvement in 
Federal technology projects, including data on contract awards, 
the diversity of sectors represented, and the geographic 
distribution of small business contractors.

SEC. 7. CONFLICT OF INTEREST PROCEDURES.

The Federal Acquisition Regulatory Council and the Administrator 
shall update the Federal Acquisition Regulation as necessary to provide 
additional guidance to executive agencies to address personal and 
organizational conflicts of interest involving members of the 
acquisition workforce.

SEC. 8. NO ADDITIONAL FUNDING.

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