12 2 STA T .45 5 0PUBLIC LA W 110 – 41 7—O CT. 14 , 200 8SEC.865 . PR E V E NTI N GABU SE OF INTERAGENC Y CONTRACTS. (a)OF F ICEO F MAN A G E M EN T AN DBU DGET P O L IC YG UIDANCE .— ( 1 ) R E P O R T AND GUIDELINE S .— Notl at er t h a n one y ear a f ter the d ate of the ena c t m ent of th isA ct , the D irector of the Office of Mana g ement and B u dget shall— (A) su b mit to C ongress a com p rehensi v e report on interagency ac q uisitions, including their frequency of use, management controls, cost - effectiveness, and savings gen- erated
and (B) issue guidelines to assist the heads of e x ecutive agencies in improving the management of interagency acquisitions. ( 2 ) MATTERS CO V ERED B Y GUIDELINES.— F or purposes of paragraph (1)(B), the Director shall include guidelines on the follo w ing matters
(A) Procedures for the use of interagency acquisitions to maximi z e competition, deliver best value to executive agencies, and minimize waste, fraud, and abuse. (B) Categories of contracting inappropriate for inter- agency acquisition. (C) Requirements for training acquisition wor k force personnel in the proper use of interagency acquisitions. (b) REGULATIONS RE Q UIRED.— (1) I N GENERAL.—Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that all interagency acquisitions— (A) include a written agreement between the requesting agency and the servicing agency assigning responsibility for the administration and management of the contract; (B) include a determination that an interagency acquisition is the best procurement alternative; and (C) include sufficient documentation to ensure an ade- quate audit. (2) MULTI-AGENCY CONTRACTS.—Not later than one year after the date of the enactment of this Act, the Federal Acquisi- tion Regulation shall be revised to require any multi-agency contract entered into by an executive agency after the effective date of such regulations to be supported by a business case analysis detailing the administration of such contract, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such contract and the impact such contract will have on the ability of the Federal Government to leverage its purchasing power. (c) AGENCY REPORTING REQUIREMENT.— T he senior procurement executive for each executive agency shall, as directed by the Director of the Office of Management and Budget, submit to the Director annual reports on the actions taken by the executive agency pursu- ant to the guidelines issued under subsection (a). (d) DEFINITIONS.—In this section: (1) The term ‘ ‘executive agency ’ ’ has the meaning given such term in section 4 (1) of the Office of Federal Procurement Policy Act (41 U . S .C. 4 03 (1)), except that, in the case of a military department, it means the Department of Defense. (2) The term ‘‘head of executive agency’’ means the head of an executive agency except that, in the case of a military department, the term means the Secretary of Defense. Deadlin e . Deadline.
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