S 680 · 110th Congress 2007–2009, ended

Accountability in Government Contracting Act of 2007

Latest action · Nov 8, 2007 Held at the desk.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 17, 2007
  2. Passed SenateNov 7, 2007
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Accountability in Government Contracting Act of 2007 - Title I: Acquisition Workforce - (Sec. 101) Amends the Office of Federal Procurement Policy Act to require the Administrator for Federal Procurement Policy to: (1) designate a member of the Senior Executive Service as the Associate Administrator for Workforce Programs, in the Federal Acquisition Institute, to oversee government-wide acquisition workforce activities; and (2) establish a government-wide acquisition intern program. Sets forth requirements for program course work.

Requires: (1) the Administrator to establish a government-wide Contingency Contracting Corps that shall be available for deployment in responding to disasters and contingency operations; (2) the Administrator to report to specified congressional committees, annually, on the status of the Corps; (3) agency heads to establish acquisition and contracting training programs; (4) the Administrator to issue policies to promote the development of performance standards for training and to evaluate such programs; (5) the Administrator to ensure that agencies collect and maintain standardized information on acquisition and contracting workforces relating to such training programs; and (6) each agency's Chief Acquisition Officer to develop a succession plan consistent with the agency's strategic human capital plan for the recruitment, development, and retention of the agency's acquisition workforce. Requires such plan to address: (1) recruitment goals for personnel from procurement intern programs; (2) the agency's acquisition workforce training needs; (3) actions to retain high performing acquisition professionals who possess critical relevant skills; and (4) recruitment goals for personnel from the Federal Career Intern Program and the Presidential Management Fellows Program.

Authorizes appropriations for FY2008-FY2009 for the Acquisition Workforce Training Fund. Sets forth authorized uses of the Fund. Eliminates the expiration date for the Fund.

Requires the Administrator to ensure that a sufficient number of federal employees are trained in the acquisition of architect and engineering services.

Amends the Services Acquisition Reform Act of 2003 to extend until September 30, 2010, the direct hire authority for members of the acquisition workforce.

Requires Chief Acquisition Officers to be appointed from among persons who have an extensive management background.

Directs the Administrator, in coordination with the Director of the Office of Personnel Management (OPM), to encourage agencies to utilize existing authorities to recruit and retain acquisition personnel and to consider recruiting acquisition personnel who may be retiring from the private sector.

Title II: Competition and Accountability - (Sec. 201) Requires the Administrator to promulgate in the Federal Acquisition Regulation regulations requiring competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts. Declares that an individual purchase of property or services is made on a competitive basis only if it is made pursuant to certain procedures.

Requires: (1) such regulations to require that each individual purchase of property or services in excess of the simplified acquisition threshold under a multiple award contract be made on a competitive basis, with specified exceptions; and (2) agencies to meet specified notice requirements regarding sole source orders in excess of such threshold that are placed against multiple award contracts or blanket purchase agreements.

(Sec. 202) Amends the Federal Property and Administrative Services Act of 1949 and defense contracting provisions to require that a task or delivery order include a statement of work that clearly specifies the tasks to be performed or property to be delivered.

Requires the statement of work for a task or delivery order in excess of the threshold for use of simplified procedures for commercial items to: (1) be made available to all eligible contractors; (2) set forth a clear statement of agency requirements; (3) permit a reasonable response period; (4) disclose significant factors the agency plans to use in evaluating proposals; (5) include a statement documenting the basis for selection for an order that was awarded on a best value basis; and (6) provide an opportunity for a post award debriefing. Authorizes protests of task or delivery orders that exceed a certain threshold.

(Sec. 204) Includes as a condition for the use of noncompetitive contract procedures the public disclosure of justification and approval documents. Limits the length of specified noncompetitive contracts for property or services available from only one source.

(Sec. 206) Sets forth provisions concerning: (1) conditions required for the award of a task or delivery order contract for services in an amount estimated to exceed $100 million; (2) the issuance of guidance on the use of tiered evaluations of offers for contracts and for task or delivery orders under contracts (3) the issuance of regulations outlining the proper use of cost-reimburesement contracts and a review of the use of such contracts; (4) preventing and mitigating organizational and personal conflicts of interest in federal contracting; and (5) the issuance of guidance for agencies on the appropriate use of award and incentive fees in federal acquisition programs.

Title III: Accountability and Administration - (Sec. 301) Sets forth provisions concerning: (1) time periods for definitizing letter contracts; (2) Office of Management and Budget (OMB) guidelines for, and requirements governing, interagency acquisitions and assisted acquisitions; (3) OMB guidelines and procedures for government-wide commercial purchase cards; (4) a report on travel by agency employees at the expense of the federal government; (5) the issuance of guidance on the use of lead system integrators in the best interest of the federal government; (6) limitations on the use of subcontractors or tiers of subcontractors who do not perform work in proportion to overhead or profit received; (7) considering, in awarding a federal contract, whether a contractor may pose a serious threat to national security; (8) the assignment of certified program managers to administer DHS programs with an estimated value of more than $100 million; (9) elimination of the one-year limitation on interest due on late payments to contractors; (10) establishing government-wide guidelines to ensure that inherently governmental work is performed by federal employees; (11) an OMB report on implementation of the Acquisition Advisory Panel's recommendations; (12) a Government Accountability Office (GAO) report on federal acquisition policy and a report on the implementation of requirements related to determinations made by agencies regarding indefinite delivery, indefinite quantity contracts; (13) the issuance of guidance on contracting for mapping and surveying services; and (14) the timely and accurate transmission of information included in the federal procurement data system.

Declares that provisions this Act requiring the promulgation of regulations or the production of reports shall be carried out using existing funds.

Cosponsors 5

Members who signed on, in the order they did. Signatures ran from Feb 17, 2007 to Jul 26, 2007; 4 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MOClaire McCaskillOriginalFeb 17, 2007
I-CTJoseph I. LiebermanOriginalFeb 17, 2007
R-MNNorm ColemanOriginalFeb 17, 2007
D-DEThomas R. CarperOriginalFeb 17, 2007
D-HIDaniel K. AkakaJul 26, 2007

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateHomeland Security and Governmental Affairs Committee
Referred Feb 17, 2007Markup Aug 1, 2007Reported Oct 15, 2007Hearings Oct 17, 2007

Actions 14

Everything that happened, newest first.

  1. Nov 8, 2007Received in the House.
  2. Nov 8, 2007Message on Senate action sent to the House.
  3. Nov 8, 2007Held at the desk.
  4. Nov 7, 2007Measure laid before Senate by unanimous consent. (consideration: CR 14095-14101; text of measure as reported in Senate; CR S14095-14101)
  5. Nov 7, 2007Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
  6. Oct 22, 2007By Senator Lieberman from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 110-201.
  7. Oct 17, 2007Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 110-530.
  8. Oct 15, 2007Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report.
  9. Oct 15, 2007Placed on Senate Legislative Calendar under General Orders. Calendar No. 420.
  10. Aug 1, 2007Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
  11. Jul 17, 2007Committee on Homeland Security and Governmental Affairs. Hearings held.
  12. Feb 17, 2007Introduced in Senate
  13. Feb 17, 2007Sponsor introductory remarks on measure. (CR S2205-2206)
  14. Feb 17, 2007Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S14193–S14198Claire McCaskill D-MO, Susan M. Collins R-MENov 8, 2007
SenateDebate and remarks S14095, S14101Text printed S14095–S14101Amendments S14089Joseph I. Lieberman I-CT (amendment), Richard J. Durbin D-IL, Susan M. Collins R-ME (amendment)Nov 7, 2007
SenateDebate and remarks S2205Susan M. Collins R-MEFeb 17, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Oct 16, 2007S. 680, Accountability in Government Contracting Act of 2007<p>Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on August 1, 2007</p>
  2. Oct 16, 2007S. 680, Accountability in Government Contracting Act of 2007Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on August 1, 2007

Printed hearings 10

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 110-140WASTE, ABUSE AND MISMANAGEMENT: CALCULATING THE COST OF DHS FAILED CONTRACTS93 pagesHomeland Security CommitteeSep 17, 2008
S. Hrg. 110-673EXAMINING THE EFFECTIVENESS OF U.S. EFFORTS TO COMBAT WASTE, FRAUD, ABUSE, AND CORRUPTION IN IRAQ283 pagesAppropriations CommitteeMar 11, 2008–Jul 23, 2008
S. Hrg. 110-424BUILDING AND STRENGTHENING THE FEDERAL ACQUISITION WORKFORCE85 pagesHomeland Security and Governmental Affairs CommitteeFeb 14, 2008
S. Hrg. 110-437MANAGEMENT AND OVERSIGHT OF CONTINGENCY CONTRACTING IN HOSTILE ZONES250 pagesHomeland Security and Governmental Affairs CommitteeJan 24, 2008
S. Hrg. 110-530IS THE DEPARTMENT OF HOMELAND SECURITY TOO DEPENDENT ON CONTRACTORS TO DO THE GOVERNMENT'S WORK?130 pagesHomeland Security and Governmental Affairs CommitteeOct 17, 2007

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 3565In the nature of a substitute.Joseph I. Lieberman I-CTAmendment SA 3565 agreed to in Senate by Unanimous Consent.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 1362Accountability in Contracting ActRelated billMar 15, 2007

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to ensure proper oversight and accountability in Federal contracting, and for other purposes.
Short Titles as Introduced
Accountability in Government Contracting Act of 2007
Short Titles as Reported to Senate
Accountability in Government Contracting Act of 2007
Short Titles as Passed Senate
Accountability in Government Contracting Act of 2007

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 3

Each version as it was printed, newest first.

  1. Nov 7, 2007Engrossed in Senate
  2. Oct 15, 2007Reported to Senate
  3. Feb 17, 2007Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.