Solutions-based contracting pilot program

§ 11522. Solutions-based contracting pilot program (a) Definition.—For purposes of this section, “solutions-based contracting” is an acquisition method under which the acquisition objectives are defined by the Federal Government user of the technology to be acquired, a streamlined contractor selection process is used, and industry sources are allowed to provide solutions that attain the objectives effectively. (b) In general.—The Administrator for Federal Procurement Policy may authorize the head of an executive agency, in accordance with subsection (d), to carry out a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology. (c) Process Requirements.—The Administrator shall require use of a process with the following aspects for acquisitions under the pilot program: (1) Acquisition plan emphasizing desired result.— Preparation of an acquisition plan that defines the functional requirements of the intended users of the information technology to be acquired, identifies the operational improvements to be achieved, and defines the performance measurements to be applied in determining whether the information technology acquired satisfies the defined requirements and attains the identified results. (2) Results-oriented statement of work.—Use of a statement of work that is limited to an expression of the end results or performance capabilities desired under the acquisition plan. (3) Small acquisition organization.—Assembly of a small acquisition organization consisting of the following: (A) An acquisition management team, the members of which are to be evaluated and rewarded under the pilot program for contributions toward attainment of the desired results identified in the acquisition plan.116 STAT. 1248 (B) A small source selection team composed of representatives of the specific mission or administrative area to be supported by the information technology to be acquired, a contracting officer, and individuals with relevant expertise. (4) Use of source selection factors emphasizing source qualifications and costs.—Use of source selection factors that emphasize— (A) the qualifications of the offeror, including personnel skills, previous experience in providing other private or public sector organizations with solutions for attaining objectives similar to the objectives of the acquisition, past contract performance, qualifications of the proposed program manager, and the proposed management plan; and (B) the costs likely to be associated with the conceptual approach proposed by the offeror. (5) Open communications with contractor community.— Open availability of the following information to potential offerors: (A) The agency mission to be served by the acquisition. (B) The functional process to be performed by use of information technology. (C) The process improvements to be attained. (6) Simple solicitation.—Use of a simple solicitation that sets forth only the functional work description, the source selection factors to be used in accordance with paragraph (4), the required terms and conditions, instructions regarding submission of offers, and the estimate of the Government’s budget for the desired work. (7) Simple proposals.—Submission of oral presentations and written proposals that are limited in size and scope and contain information on— (A) the offeror’s qualifications to perform the desired work; (B) past contract performance; (C) the proposed conceptual approach; and (D) the costs likely to be associated with the proposed conceptual approach. (8) Simple evaluation.—Use of a simplified evaluation process, to be completed within 45 days after receipt of proposals, that consists of the following: (A) Identification of the most qualified offerors that are within the competitive range. (B) Issuance of invitations for at least three and not more than five of the identified offerors to make oral presentations to, and engage in discussions with, the evaluating personnel regarding, for each offeror— (i) the qualifications of the offeror, including how the qualifications of the offeror relate to the approach proposed to be taken by the offeror in the acquisition; and (ii) the costs likely to be associated with the approach. (C) Evaluation of the qualifications of the identified offerors and the costs likely to be associated with the offerors’ proposals on the basis of submissions required 116 STAT. 1249 under the process and any oral presentations made by, and any discussions with, the offerors. (9) Selection of most qualified offeror—A selection process consisting of the following: (A) Identification of the most qualified sources, primarily on the basis of the oral proposals, presentations, and discussions, and written proposals, submitted in accordance with paragraph (7). (B) A program definition phase of 30-60 days (or a longer period the Administrator approves)— (i) during which the sources identified under subparagraph (A), in consultation with one or more intended users, develop a conceptual system design and technical approach, define logical phases for the project, and estimate the total cost and the cost for each phase; and (ii) after which a contract for performance of the work may be awarded to the source whose offer is determined to be most advantageous to the Government on the basis of cost, the responsiveness, reasonableness, and quality of the proposed performance, and a sharing of risk and benefits between the source and the Government. (C) As many successive program definition phases as necessary to award a contract in accordance with subparagraph (B). (10) System implementation phasing.—System implementation to be executed in phases that are tailored to the solution, with appropriate contract arrangements being used for various phases and activities. (11) Mutual authority to terminate.—Authority for the Government or the contractor to terminate the contract without penalty at the end of any phase defined for the project. (12) Time management discipline.—Application of a standard for awarding a contract within 105 to 120 days after issuance of the solicitation, except that the Administrator may approve the application of a longer standard period. (d) Pilot Program Projects.—The Administrator shall authorize to be carried out under the pilot program— (1) not more than 10 projects, each of which has an estimated cost of at least $25,000,000 and not more than $100,000,000; and (2) not more than 10 projects for small business concerns, each of which has an estimated cost of at least $1,000,000 and not more than $5,000,000. (e) Monitoring by Comptroller General.—The Comptroller General shall— (1) monitor the conduct, and review the results, of acquisitions under the pilot program; and (2) submit to Congress periodic reports containing the views of the Comptroller General on the activities, results, and findings under the pilot program.