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H.R. 4123, FIT Procurement Act · редакция 1 → 2 · зафиксировано 2026-09-11 02:51 · +185 −135 строк

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SUMMARY

Federal Improvement in Technology Procurement Act or the FIT Procurement Act

[Congressional Bills 119th Congress]

[From the U.S. Government Publishing Office]

[H.R. 4123 Introduced in House (IH)]

[H.R. 4123 Referred in Senate (RFS)]

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119th CONGRESS

1st Session

2d 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

IN THE SENATE OF THE UNITED STATES

July 21, 2026

Received; read twice and referred to the Committee on Homeland Security

and Governmental Affairs

_______________________________________________________________________

A BILL

AN ACT

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To improve Federal technology procurement, and for other purposes.

(1) Acquisition workforce.--The term ``acquisition

workforce'' means employees of an executive agency who are

responsible for procurement, contracting, program or project

responsible for procurement, contracting, or 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.

functions or other employees 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.

appointed pursuant to section 1702(a) of title 41, United

States Code.

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(4) Cross-functional.--The term ``cross-functional'' means

a structure in which individuals with different functional

together as a team.

(5) Executive agency.--The term ``executive agency'' has

the meaning given the term in section 133 of title 41, United

the meaning given that term in section 133 of title 41, United

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States Code.

(6) Experiential learning.--The term ``experiential

(7) Information and communications technology.--The term

``information and communications technology''--

(A) has the meaning given the term in section

(A) has the meaning given that term in section

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4713(k) of title 41, United States Code; and

(B) includes information and communications

(9) Senior procurement executive.--The term ``senior

procurement executive'' means a senior procurement executive

designated pursuant to section 1702(c) of title 41, United

designated pursuant to section 1702(c)(1) of title 41, United

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States Code.

(10) Small business.--The term ``small business'' has the

(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.

of the enactment of this Act, the Director of the Federal Acquisition

Institute may establish a pilot program to consider the incorporation

of experiential learning into the Federal Credentials Program, the

Federal Acquisition Certification for Contracting Officer's

Representatives program, the Federal Acquisition Certification for

Program and Project Managers program, or any successor program.

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(b) Training on Information and Communications Technology

Acquisition.--

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

Institute, may 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.

acquisition training program for members of the acquisition

workforce involved in acquiring information and communications

technology that shall do the following:

(A) Include learning objectives related to the

following:

(i) Market research.

(ii) Communicating with and considering

industry perspectives on the procurement

process, including how investment decisions are

impacted by Government communication and

engagement.

(iii) Developing requirements, acquisition

planning, best practices for developing and

executing outcome-based contracts, and source

selection strategy.

(iv) Evaluating proposals.

(v) Awarding and administering contracts

for information and communications technology.

(B) Include learning objectives that provide a

basic understanding of key technologies executive

basic understanding of key technologies that executive

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agencies need, such as cloud computing, artificial

intelligence and artificial intelligence-enabled

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.

(E) Include experiential learning opportunities and

opportunities to practice collaborative acquisition

strategies involving 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,

resources to keep the skills of members of the

acquisition workforce 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 members of the acquisition

workforce 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

alternative procurement methods for the procurement of

information and communications technology, including

the following:

(i) Simplified procedures for certain

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commercial products and commercial services in

accordance with subpart 13.5 of the Federal

Federal research or research and development

with the potential for commercialization, and

joint venture partnerships;

(ii) innovative procurement techniques

joint venture partnerships.

(ii) Innovative procurement techniques

designed to streamline the procurement process

and lower barriers to entry, such as use of

and lower barriers to entry, such as the use of

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oral presentations and product demonstrations

instead of lengthy written proposals,

techniques discussed on the Periodic Table of

Acquisition Innovations or other similar

successor knowledge management portals; and

(iii) information on appropriate use,

successor knowledge management portals.

(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).

in using the procedures and techniques

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.

protection of established privacy rights, civil rights,

and civil liberties in the procurement process.

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(2) Report.--Not later than 2 years after the date of the

enactment of this Act, the Director of the Federal Acquisition

(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

training program 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.

(3) Duration.--The training program described in paragraph

(1) may be updated as appropriate (but not less frequently than

once every 2 years after implementation), and offered not less

than 6 years following the date of implementation of the

training program.

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title 41, United States Code, is amended by striking ``Five percent''

`Director' means the Director of the Office of Management and

Budget.'' and inserting ``Administrator.--The term

`Administrator' means the Administrator of General Services.''.

`Administrator' means the Administrator of General Services.'';

and

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(2) in subsection (b)--

(A) in paragraph (1), by striking ``Director, in

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

(b) Simplified Procedures for Small Purchases.--Section 1901(a)(2)

of title 41, United States Code, is amended by striking ``$5,000,000''

and inserting ``$10,000,000''.

title 41, United States Code, is amended by striking ``$10,000'' and

inserting ``$25,000.''.

inserting ``$25,000''.

(d) Advances for Commercial Technology Subscriptions and Tenancy.--

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Section 3324(d) of title 31, United States Code, is amended--

(1) in paragraph (1)(C), by striking ``; and'' and

standards.''.

SEC. 5. INCREASING COMPETITION IN FEDERAL CONTRACTING.

SEC. 5. ADJUSTMENTS TO CERTAIN ACQUISITION THRESHOLDS.

(a) Major Program.--Section 109 of title 41, United States Code, is

amended--

(1) in subsection (b)(1)--

(A) by striking ``$75,000,000 (based on fiscal year

1980 constant dollars)'' and inserting ``$275,000,000

(based on fiscal year 2024 dollars)''; and

(B) by striking ``$300,000,000 (based on fiscal

year 1980 constant dollars)'' and inserting

``$1,300,000,000 (based on fiscal year 2024 dollars)'';

and

(2) in subsection (b)(2), by striking ``$750,000 (based on

fiscal year 1980 constant dollars)'' and inserting ``$2,000,000

(based on fiscal year 2024 dollars)''.

(b) Modifications to Submissions of Cost or Pricing Data.--Section

3502(a) of title 41, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking ``2018'' each place it appears and

inserting ``2026'';

(B) in subparagraph (A), by striking ``$2,000,000''

and inserting ``$10,000,000''; and

and inserting ``$2,000,000'';

(2) in paragraph (2)--

(A) in subparagraph (A), by striking ``$2,000,000''

and inserting ``$10,000,000'';

(B) in subparagraph (B), by striking ``$750,000''

and inserting ``$2,000,000''; and

(3) in paragraph (3), by striking ``chapter and--'' and all

that follows and inserting the following: ``chapter and--

``(A) in the case of a prime contract entered into

after June 30, 2026, the price of the subcontract is

expected to exceed $10,000,000; or

``(B) in the case of a prime contract entered into

on or before June 30, 2026, the price of the

subcontract is expected to exceed $2,000,000.''.

SEC. 6. INCREASING COMPETITION IN FEDERAL CONTRACTING.

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(a) Use of Past Performance.--

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-

on the following:

(A) When a wider range of projects, including

commercial, non-government, and 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

requiring an official of an entity that provides past

performance references to attest to their authenticity

and by providing verifiable contact information for the

references; and

references.

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

(2) Supplement not supplant.--The guidance required by

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paragraph (1) shall supplement existing Federal and agency

policy and procedures for consideration of past performance and

(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.

convene the Chief Acquisition Officers Council (in this

subsection 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 rights and

civil liberties.

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(2) Consultation.--The Council shall obtain input from the

public, including from the APEX Accelerators program (formerly

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.

otherwise serve to create barriers to the participation of

small businesses 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.

determined relevant by the Council to identify legislative,

regulatory, and other actions to increase competition and

remove barriers to the participation of small businesses in

Federal contracting.

(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.

the 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 contracting.

(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

identified under paragraph (3) and the actions implemented

under paragraph (4).

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

SEC. 7. 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.

Act, the Comptroller General of the United States shall submit to the

relevant committees of Congress and make publicly available a report

that does the following:

(1) Assesses the level of participation by small businesses

in Federal procurement.

(2) Identifies barriers and opportunities and the impact of

policies on the ability of small businesses to compete in

Federal procurement.

(3) Catalogs and evaluates the effectiveness of programs

intended to support the participation of small businesses in

Federal procurement.

(4) Analyzes trends in the involvement of small businesses

in Federal technology projects, including data on contract

awards, the diversity of sectors represented, and the

geographic distribution of small business contractors.

SEC. 8. CONFLICT OF INTEREST PROCEDURES.

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The Federal Acquisition Regulatory Council and the Administrator

acquisition workforce.

SEC. 8. NO ADDITIONAL FUNDING.

SEC. 9. NO ADDITIONAL FUNDING.

No additional funds are authorized to be appropriated for the

purpose of carrying out this Act.

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Passed the House of Representatives July 20, 2026.

Attest:

KEVIN F. MCCUMBER,

Clerk.