article: SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. (a) Establishment of Program.--The Office of Federal Procurement Policy Act (41 U.S.C. et seq.) is amended by adding at the end the following new section: ``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. ``(a) Establishment of Program.--The Administrator shall establish and promote a Governmentwide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(b) Issuance of Agency Announcements Seeking Innovative Solutions.--Under the program, the Administrator, in consultation with the Director of the Office of Homeland Security, the Associate Director for Information Technology and E-Government of the Office of Management and Budget, and the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury, shall issue agency announcements seeking unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(c) Multiagency Technical Assistance Team.--(1) The Administrator, in consultation with the individuals described in subsection (b), shall convene a multiagency technical assistance team to assist in screening proposals submitted to the Administrator to provide unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The team shall be composed of employees of the participating agencies who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals. ``(2) The technical assistance team shall-- ``(A) assess the feasibility, scientific and technical merits, and estimated cost of each proposal; and ``(B) submit each proposal, and the assessment of the proposal, to each executive agency whose mission most coincides with the subject matter of the proposal. ``(3) The technical assistance team shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. ``(d) Monetary Awards for Innovative Solutions.--(1) Under the program carried out under this section, the Administrator shall provide monetary awards in recognition of unique and innovative solutions with the potential to significantly advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(2) The Administrator shall use a competitive process to select recipients of monetary awards under this subsection which shall include the widely advertised solicitation (including the agency announcements described in subsection (b)) of descriptive submissions on technology developments and prototypes, the substance of which are not otherwise available to the United States. The Administrator shall work with the multiagency technical assistance team described in subsection (c) in carrying out the competitive selection process. ``(3) An award made under this subsection may not exceed $20,000. The total amount of awards made under this subsection in a fiscal year may not exceed $500,000. ``(4) At least one quarter of the total amount awarded under this subsection during a fiscal year shall be awarded to small business concerns, within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.).''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by adding at the end the following new item: ``Sec. 40. Program to encourage innovative solutions to enhance homeland security.''. SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS. (a) Pilot Program.--The Administrator of the Office of Federal Procurement Policy shall, in consultation with the Assistant to the President for Homeland Security, establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may-- (1) test the innovative use of streamlined acquisition authorities and procedures authorized by law, with emphasis on provisions authorizing the rapid acquisition of goods and services; and (2) test the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using, to the maximum extent practicable, commercial, off-the-shelf items and commercially available services. (b) Use of Streamlined Acquisition Authorities.--Under the pilot program, the head of an executive agency referred to in subsection (a) shall, if appropriate, use streamlined acquisition authorities and procedures authorized by law, including authorities and procedures that are provided under the following provisions: (1) In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (c) Waiver of Requirements.--(1) To carry out the pilot program under this section, the head of an agency may waive-- (A) any provision of the Federal Acquisition Regulation that is not required by statute; and (B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the head of the agency determines in writing to be necessary to carry out the pilot program. (2) The provisions of law referred to in paragraph (1) are as follows: (A) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (B) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (d) Limitations.--(1) The head of an agency authorized to participate in the pilot program may carry out not more than one project under the program and may enter into not more than three contracts to carry out the project. (2) A project carried out under this section shall be approved by the Administrator in consultation with the Assistant to the President for Homeland Security and the multiagency technical assistance team established under section 40(c) of the Office of Federal Procurement Policy Act (as added by section 1). (e) Criteria for Evaluating Results.--The head of an agency participating in the pilot program under this section shall establish measurable mission-related criteria for evaluating the results of a project under the program. Such agency head shall, as soon as practicable after the completion of the project, report to the Administrator on the lessons learned from the project. The Administrator shall share the results of, and reports on, all the projects carried out under this section with the heads of other agencies that carry out responsibilities with respect to homeland security. (f) Prohibition Against Discrimination Against Small Business Concerns.--This section shall be applied in a manner that does not discriminate against small business concerns (within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or any type of small business concern.
summary: Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.