[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] TIME TO REFORM IT ACQUISITION: THE FEDERAL IT ACQUISITION REFORM ACT ======================================================================= HEARING before the COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ FEBRUARY 27, 2013 __________ Serial No. 113-42 __________ Printed for the use of the Committee on Oversight and Government Reform Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 82-274 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman JOHN L. MICA, Florida ELIJAH E. CUMMINGS, Maryland, MICHAEL R. TURNER, Ohio Ranking Minority Member JOHN J. DUNCAN, JR., Tennessee CAROLYN B. MALONEY, New York PATRICK T. McHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee PAUL A. GOSAR, Arizona GERALD E. CONNOLLY, Virginia PATRICK MEEHAN, Pennsylvania JACKIE SPEIER, California SCOTT DesJARLAIS, Tennessee MATTHEW A. CARTWRIGHT, TREY GOWDY, South Carolina Pennsylvania BLAKE FARENTHOLD, Texas MARK POCAN, Wisconsin DOC HASTINGS, Washington TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming ROBIN L. KELLY, Illinois ROB WOODALL, Georgia DANNY K. DAVIS, Illinois THOMAS MASSIE, Kentucky PETER WELCH, Vermont DOUG COLLINS, Georgia TONY CARDENAS, California MARK MEADOWS, North Carolina STEVEN A. HORSFORD, Nevada KERRY L. BENTIVOLIO, Michigan MICHELLE LUJAN GRISHAM, New Mexico RON DeSANTIS, Florida Lawrence J. Brady, Staff Director John D. Cuaderes, Deputy Staff Director Stephen Castor, General Counsel Linda A. Good, Chief Clerk David Rapallo, Minority Staff Director C O N T E N T S ---------- Page Hearing held on February 27, 2013................................ 1 WITNESSES Mr. Richard A. Spires, Chief Infomation Officer, U.S. Department of Home Security Oral Statement............................................... 7 Written Statement............................................ 9 Ms. Cristina Chaplain, Director of Acquisitions and Sourcing Management, Government Accountability Office Oral Statement............................................... 16 Written Statement............................................ 18 Mr. Daniel L. Gordon, Associate Dean for Government Procurement Law Studies, George Washington University Oral Statement............................................... 34 Written Statement............................................ 36 Mr. Stan Soloway, President and CEO, Professional Services Council Oral Statement............................................... 42 Written Statement............................................ 45 Mr. Paul Misener, Vice President, Global Public Policy, Amazon Oral Statement............................................... 54 Written Statement............................................ 56 APPENDIX The Hon. Elijah E. Cummings, a Member of Congress from the State of Maryland, Opening Statement................................. 90 The Hon. Gerald E. Connolly, a Member of Congress from the State of Virginia, Opening Statement................................. 92 IT-AAC Assessment of Draft Federal IT Acquisition Reform Act (FITARA)....................................................... 94 The Perenial IT Acquisition Challenge............................ 95 TIME TO REFORM IT ACQUISITION: THE FEDERAL IT ACQUISITION REFORM ACT ---------- Wednesday, February 27, 2013. House of Representatives, Committee on Oversight and Government Reform, Washington, D.C. The committee met, pursuant to notice, at 9:30 a.m. in room 2154, Rayburn House Office Building, the Honorable Darrell E. Issa [chairman of the committee], presiding. Present: Representatives Issa, Cummings, Mica, Farenthold, McHenry, DesJarlais, Lankford, Walberg, Turner, Lummis, Connolly, Cardenas, Horsford, Davis, Tierney, Duckworth, Pocan, Grisham, Duncan and Amash. Staff Present: Ali Ahmad, Majority Communications Advisor; Richard A. Beutel, Majority Senior Counsel; Robert Borden, Majority General Counsel; Molly Boyl, Majority Parliamentarian; Lawrence J. Brady, Majority Staff Director; Sharon Casey, Majority Senior Assistant Clerk; John Cuaderes, Majority Deputy Staff Director; Gwen D'Luzansky, Majority Research Analyst; Linda Good, Majority Chief Clerk; Mark D. Marin, Majority Director of Oversight; Peter Warren, Majority Legislative Policy Director; Rebecca Watkins, Majority Deputy Director of Communications; Meghan Berroya, Minority Counsel; Krista Boyd, Minority Deputy Director of Legislation/Counsel; Jennifer Hoffman, Minority Press Secretary; Carla Hultberg, Minority Chief Clerk; Elisa LaNier, Minority Deputy Clerk; Dave Rapallo, Minority Staff Director; Rory Sheehan, Minority New Media Press Secretary; Mark Stephenson, Minority Director of Legislation; and Thomas Cecelia, Minority Counsel. Chairman Issa. The committee will come to order. I will read the Oversight Committee's mission statement. We exist to secure two fundamental principles. First, Americans have a right to know the money Washington takes from them is well spent. And second, Americans deserve an efficient, effective Government that works for them. Our duty on the Oversight and Government Reform Committee is to protect these rights. Our solemn responsibility is to hold Government accountable to taxpayers because taxpayers have a right to know what they get from their Government. We will work tirelessly in partnership with citizen watchdogs to deliver the facts to the American people and bring genuine reform to the Federal bureaucracy. Today, in order to move that purpose forward, we hold the second Full Committee hearing this year concerning Federal Government's approximately $80 billion Information Technology Budget. We are all well aware that the Government Accountability Office and others have repeatedly identified problems and challenges in the area and this hearing is continuation toward a grand solution. One solution at the center of our discussion today is the draft IT Acquisition Reform legislation I posted on the Committee's website last fall. In recent months, we have received generous feedback on the draft bill from more than a dozen parties, actually more than 20 parties, some of them here today. We are going to continue with that feedback and continue having the public know what the feedback is. Ultimately, getting the whole system right requires not just that people tell us how to improve it, but that the rest of the public sees what we are being told and can further comment. We believe that this open dialogue is the best way, once and for all, to prove to the public that in the light of day, in clear transparency, we can, in fact, find the best of all suggestions, evaluate them, have our evaluations public and then, ultimately, produce better legislation. A number of things that we have come, or this Chairman has come to believe, every agency needs one Chief Information Officer who is clearly in charge. There are 243 CIOs in 24 major agencies. The Department of Transportation alone has 35 CIOs. That does not mean that the job is to layoff 34 CIOs. But there has to be a structure including a chain of command and including real authority to spend the money better, to be held accountable for that money and ultimately what budget authority needs and a CIO needs is to stop quickly when that money clearly is not being as well spent as was anticipated. The nature of why we have administration is not simply to spend the money that Congress allocates, but rather to spend it better than could be possibly considered at the beginning of the project. The third point that we have come to believe is that consolidated resources and expertise make smarter purchases. That does not mean that it needs to be consolidated in one place. But for any given area of expertise there needs to be a best of that you go to. Accomplishing these major reforms will not be easy. It will not be done on a partisan basis. It will not be done only in the House of Representatives. At the heart of the effort is, in fact, the open dialogue about how we produce effective spending but not so we buy IT for a few dollars less, but, in fact, so that we can protect taxpayer dollars from further waste, fraud, and abuse and mismanagement. Ultimately, IT is the tool to save and to better spend $3.5 trillion, not about the $80 billion that we spend on IT. And with that, I am please to recognize the Ranking Member for his opening statement. Mr. Cummings. Thank you very much, Mr. Chairman, and I want to thank you for holding this hearing today and picking up where you left off. What you are talking about, Mr. Chairman, is effectiveness and efficiency. And I think that is a good, those are good words to capsulize what we are trying to do here. Holding this hearing today on the need to reform Government's information technology and acquisition policy is so very important. And I certainly commend you on your bipartisan approach to developing the legislation we are considering today, the Federal IT Acquisition Reform Act, and I appreciate that you made a draft of the bill publicly available for comment. I also want to recognize Representative Gerry Connolly, the Ranking Member of the Government Operations Subcommittee, for his critical work on these technology issues. Back in May of 2012, we held a forum in his district. It was well attended and it was one that yielded a lot of very valuable information and I know that he was very pleased, and I was very pleased, to be a part of that. A significant portion of the Federal IT Acquisition Reform Act is based on Ranking Member Connolly's legislation on consolidating Federal data centers and I appreciate you making sure that, again, this is a bipartisan effort. I agree with both you, Mr. Chairman, and Ranking Member Connolly that reforms are needed to ensure that the Federal Government is making wise and efficient investments in information technology. Every full Committee hearing so far in this Congress has focused on wasteful spending, including some in IT investments. Two weeks ago, the Government Accountability Office issued its newest high risk report which includes several IT investments. For example, the Department of Defense has contracts for a number of enterprise resource planning systems to modernize the management of logistics, finances and business operations. GAO and the Pentagon's Inspector General have found that many of these contracts are behind schedule and significantly over budget. For instance, a contract to streamline the Army's Inventory of Weapons System is unbelievably 12.5 years behind schedule. That is simply incredible. And, almost $4 billion over budget. Effective oversight is one of the best weapons against this kind of wasteful spending. Congress has a duty to conduct oversight as well as an obligation to give agencies the tools they need to conduct their own oversight. Agencies need more well-trained acquisition personnel to effectively oversee complex systems and to ensure that the Government is a smart and diligent consumer. The Federal IT Acquisition Reform Act recognizes this need. Congress must also ensure that agencies have the resources to hire and retain acquisition professionals. Almost every witness we hear from today will testify that the acquisition workforce is critical to ensuring that the Government is spending its money wisely. However, just two weeks ago the House voted to extend the freeze on Federal employee pay for a third consecutive year. And even worse, at the end of this week, hundreds of thousands of employees, including critical acquisition workforce personnel across every agency, will face furloughs as a result of the indiscriminate across-the-board cuts to agency budgets imposed by this sequester. We need these employees. Instead of repeatedly attacking these key Federal workers, Congress should be pursuing ways to retain their expertise, train them in the most cutting edge techniques, and support their critical work. If we do that, it will pay for itself over and over and over again. So, I want to thank each of our witnesses for testifying today. I look forward to hearing your thoughts on how Congress can most effectively and efficiently modernize the way the Government does business and save taxpayers money. And again, Mr. Chairman, I want to thank you. And I yield back. Chairman Issa. I thank the gentleman. We now recognize the Chairman of the Subcommittee, the gentleman from Florida, Mr. Mica. Mr. Mica. Thank you, Mr. Chairman, and thank you, Mr. Cummings, for holding this hearing. And it is extremely important, especially as we face in the next matter of hours, almost now, a very difficult time with our Nation's finances, looking for ways to cut spending, to eliminate waste, fraud and abuse, that we focus on the dysfunctional manner in which Government agencies acquire essential resources such as the very basic tools that we have in our operations today, our Government operations, of computers, software, business systems which are absolutely essential to efficiently run Government. It does not appear that just throwing money at these problems or spending is, or lack of spending, that is the issue. In fact, between Fiscal Years 2002 and 2012, we grew from about one-quarter of a trillion to half a trillion dollars. The spending went from $264 billion to $514 billion. So, half a trillion dollars is a significant amount of money. But I think what we will hear today, too, and I hope with Mr. Connolly, working with him, to drill down and look at some of the instances where we can and we must do a better job, but there are instances of again, wasteful approaches. And we will hear today from GAO, they found that in almost all cases in which IT investments are underperforming, the lack of overall skills and experience of the government-led program management team is the underlying issue. And I think that it is something that we are going to focus on. Another area that interests me, coming from the private sector, you could never operate a business the way we do Government and these Government agencies. But I would like to look in depth with Mr. Connolly and the Committee on duplicative IT operations. In fact, we will hear today that GAO reports in Fiscal Year 2011, our Government funded the acquisition of 622 separate human resources systems at a cost of $2.4 billion, 580 financial management systems at a cost of $2.7 billion, 777 supply chain management systems at a cost of $3.3 billion, and the list continues. Most of these back office systems perform the same function. And I think it is important, the Chairman has worked on this, the Committee has worked on this, he has proposed legislation that has lagged in adoption and it can solve some of these problems. We will hear more details from some of our witnesses today, work with them, and hopefully we can get this legislation moving and adopt the reforms that are necessary to correct the problems that will be exposed here again today in this hearing. Thank you again. I yield back the balance of my time. Chairman Issa. I thank the gentleman. We now recognize the gentleman from Northern Virginia, Mr. Connolly. Mr. Connolly. Thank you, Mr. Chairman, and I want to thank you, and I particularly want to thank the Ranking Member, Mr. Cummings, for his very gracious remarks. I find myself in full agreement with everything you have said this morning, Mr. Chairman, Mr. Mica has just said and Mr. Cummings has said. When it comes to Federal management of IT, I am reminded of John Kennedy's slogan in his first race for the Senate, the United States Senate in my home State of Massachusetts. His slogan was we can do better. And when it comes to the management of Federal IT, we can and must do better, whether it is commercial, off-the-shelf IT product management or major mission critical custom IT programs. Today, Federal IT acquisition is a cumbersome, bureaucratic and wasteful, often wasteful, exercise. In recent decades, taxpayers have watched tax dollars evaporate into massive IT program failures that pair staggeringly high costs with astonishingly poor performance. The Air Force, for example, invested six years in a modernization effort that cost over $1 billion but failed to deliver a usable product, prompting the Assistant Secretary of the Air Force to state, I am personally appalled at the limited capabilities that that program has produced relative to the amount of investment. The bottom line is all of us should be appalled at that kind of performance and it is sadly not limited to the U.S. Air Force. Massive IT program failures have real consequences for the safety, security and financial health of our Nation. From census handheld computers that jeopardized a critical Constitutional responsibility to promised electronic fences that never materialized, costs of IT failures cripple an agency's ability to implement long-term strategic goals. For instance, the Office of Personnel Management dramatically reduced its claims processing staff in anticipation of completing its retirement systems modernization program, promising enhanced automated capabilities. Unfortunately, when OPM was finally forced to kill this IT program, the agency was left flat footed, without the resources or manpower to process retirement claims, forcing thousands of Federal retirees to experience outrageously long waits to receive their benefits. Nearly 17 years after enactment of the seminal Clinger- Cohen Act, it is clear that agency Chief Information Officers often lack the necessary authority and resources to effectively analyze, track and evaluate the risks and results of major IT programs. And here I echo what the Chairman has indicated. We have to have somebody who has the authority and responsibility centrally in each agency to manage these IT programs and investments. The GAO has found that many agencies struggle to maintain accurate costs and schedule data from Federal IT investments, undermining transparency and accountability while rating a questionably low percentage of IT programs as high or moderately high risk. Yet, the Department of Defense actually does not rate a single DOD IT investment as either high or moderately high risk. Not passing the giggle test. Meanwhile, independent research conducted by the nonprofit institute Defense Analyses found that DOD struggled to manage major IT modernization programs for nearly 15 years. With respect to commercial off-the-shelf IT products, I am talking about email and other commercial business systems software that could purchase on Amazon.com, far too many agencies have spent precious dollars and time creating duplicative, wasteful contracts for products and licenses the departments already own. The status quo is unacceptable and unsustainable, especially in light of what Mr. Mica referred to as the pending sequestration cliff here. That is why I am glad to be working with Chairman Issa and his staff to develop the Federal Information Technology Acquisition Reform Act, along with Ranking Member Mr. Cummings, to enhance IT procurement policy. Addressing Federal IT acquisition policy in a bipartisan manner is precisely the type of important substantive work this Committee should be conducting and I very much appreciate the outreach and the willingness on both sides of the aisle to listen and to refine this legislation to try to make sure we get it right. When we are investing $81 billion every year in Federal IT procurement, we have got to get it right, especially as we look at fewer resources overall in the coming decade. Mr. Chairman, I look forward to continuing to work with you and your staff and I thank you very much for holding this hearing. Chairman Issa. I thank the gentleman. Members will have seven days to submit opening statements for the record. We now welcome our panel of witnesses. Mr. Richard Spires is Chief Information Officer at the Department of Homeland Security and Chairman of the DHS Chief Information Officer Council and Enterprise Architecture Board. Now, that is a long title, but we welcome you back. Ms. Cristina Chaplain is the Director of Acquisitions and Sourcing Management at the General Accountability Office. Mr. Daniel Gordon is the Associate Dean for Government Procurement Law Studies at George Washington University. Mr. Stan Soloway is President and CEO of Professional Services Council. And Mr. Paul Misener is Vice President of Global Public Policy for Amazon, previously mentioned as a place that we could buy software off the shelf. And with that, consistent with the rules of the Committee, I would ask that you all rise to take the oath. And raise your right arms. Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the trust? [Witnesses respond in the affirmative.] Chairman Issa. Let the record reflect that all witnesses answered in the affirmative. This is a fairly large panel. Some of you are returning veterans, so you know the drill. Green light, yellow light, red light. By the time it gets to red light, I hope you are saying for the final time, and my final point is. [Laughter.] Chairman Issa. Mr. Spires? WITNESS STATEMENTS STATEMENT OF RICHARD A. SPIRES Mr. Spires. Good morning. Chairman Issa, Ranking Member Cummings and Members of the committee, thank you for the opportunity to discuss how the Federal Government invests in information technology to increase the efficiency and effectiveness of our Government. As a CIO of Homeland Security and the Vice Chair of the Federal CIO Council, I speak from real world experience on the challenge of delivering highly-effective IT across the Federal Government. At DHS, we have made significant strides in IT in four key areas. First, we are rationalizing our IT infrastructure. So far, we have closed 16 data centers as part of our data center consolidation initiative, resulting in an average savings of 14 percent. We are aggressively expanding the use of cloud computing across DHS by rolling out 11 cloud service offerings. In addition, we have significantly improved our cyber security posture through the established of inherited security controls in our data centers. Second, we are improving program management by instituting a rigorous review process of our IT portfolio and implementing a number of initiatives to improve oversight, more effectively engage key stakeholders and ensure best practices are used in running our programs. Third, we are leveraging IT across DHS to support more effective mission outcomes. Through the use of the DHS enterprise architecture and the implementation of portfolio governance, we are working to draw synergies from amongst DHS components that improve efficiency and effectiveness, eliminate system duplication and streamline processes. And fourth, we are focusing on IT staff and talent development. By establishing IT specific career paths, DHS can more formally address how new workers can progress along a technical or managerial career track. We are currently working to leverage DHS developmental, mentoring and rotational programs into this strategy. Even with the successes outlined above, there are also evolving and increasing expectations from mission customers and external stakeholders. We need to, and we can, manage IT more effectively. I see three root causes that are barriers to having Federal IT be on a par with leading private sector firms. First, we must standardize our IT infrastructure. An agency with a modern, homogenous infrastructure could save as much as 30 percent on its infrastructure costs, field applications more quickly and less costly, and provide improved IT security. Given the structure of agency budgets in organizations, it is very difficult for an agency CIO to have the tools needed to drive such standardization. To address this root cause, I recommend we review the model used by the Department of Veteran Affairs where the IT organizations have been consolidated and consider its applicability on a broader basis within the Federal Government. Further, I recommend we implement an IT acquisition review process in which all IT procurements must be reviewed by the agency CIO. This will help ensure that IT procurements meet architecture guidelines, are not duplicative and are properly staffed. As a second root cause, we must do more to develop and retain the skills it takes to run and manage IT programs. The common denominator for successful program execution is a solid program management office. To support this, I recommend we establish a program management center of excellence staffed by detailees from agencies which would harness best practices, tools, templates and training courses and drive the development of Federal-wide capabilities that programs can leverage. Third and finally, we must find ways to institutionalize flexibility to implement IT best practices. Agencies leaderships' need for speed and agility has far outstripped the procurement and finance models in place in the Federal Government today. I recommend that we establish a Federal IT strategic sourcing organization. This organization, again supported by detailees from agencies, would be dedicated to IT's strategic sourcing opportunities for Government-wide buying of IT hardware, software and services. We can bolster that organization through oversight provided by the newly-formed Strategic Sourcing Leadership Council. Finally, we need to reduce impediments to innovation by more fully leveraging existing initiatives to include a digital Government strategy and the use of such prize competitions to reward vendor innovation in helping us solve Government problems. Mr. Chairman, I am serving as a CIO today because IT can so meaningfully and measurably improve the mission and business effectiveness of our Government. Thank you for the opportunity to speak to you today and I look forward to your questions. [Prepared statement of Mr. Spires follows:] [GRAPHIC] [TIFF OMITTED] 82274.001 [GRAPHIC] [TIFF OMITTED] 82274.002 [GRAPHIC] [TIFF OMITTED] 82274.003 [GRAPHIC] [TIFF OMITTED] 82274.004 [GRAPHIC] [TIFF OMITTED] 82274.005 [GRAPHIC] [TIFF OMITTED] 82274.006 [GRAPHIC] [TIFF OMITTED] 82274.007 Mr. Farenthold. [Presiding] Thank you, Mr. Spires. Right on time. We now go to the Director of Acquisition and Sourcing Management of the GAO, Ms. Cristina Chaplain. Ms. Chaplain. STATEMENT OF CRISTINA CHAPLAIN Ms. Chaplain. Thank you Mr. Chairman, Ranking Member Cummings and Members of the Committee. Thank you for inviting me today to discuss the proposed FITARA Act and how our best practice work reflects that act. Our best practice work provides a roadmap for overcoming acquisition problems experienced by IT and any other technology-intensive acquisitions such as weapons and space programs. At the tactical level, we have identified the basic ingredients for success on individual programs, such things as defining requirements early on, providing realistic cost estimates, and using prototypes to reduce risks. At the strategic level, we have identified protocol enablers for success such as having the right training and support for program mangers and having the right visibility over an investment portfolio and strategies that make tough trade-off decisions based on cost benefits and risks. FITARA emphasizes several of the enablers I have just mentioned. It also emphasizes the use of strategic sourcing, which is another enabler for generating procurement savings. I want to discuss this just a little bit because it is important. The Government is very far behind the private sector in this regard. As you know, strategic sourcing seeks to move an organization away from numerous individual procurements to a broader aggregate approach. Currently, Federal agencies act more like unrelated medium-sized businesses and often rely on hundreds of separate contracts for many commonly used items with prices that widely vary, including IT. Our work has shown that strategic sourcing has a potential to generate 10 to 20 percent savings for procurement spending and the companies that we studied strategically sourced the vast majority of their procurement dollars. By contrast, four large agencies we studied strategically sourced just 5 percent of their procurement dollars taken together. In addition, Federal agencies have been focused on strategically sourcing less complex acquisitions, such things as office supplies, telecommunications and delivery services. They generally do not believe more complex services and goods can be strategically sourced because of unique requirements, among other reasons. However, the companies we have studied have found ways to strategically source these types of items and services. Also, while some believe we have picked the low hanging fruit for strategic sourcing and cannot go further in the Federal arena, we have found pockets of success, notably with DHS and the Defense Logistics Agencies. For example, in Fiscal Year 2011, DHS had reported that it implemented 42 department- wide initiatives that covered 270 products and services ranging from software to professional and program management support services. These efforts led to reported savings of $324 million. My written statement does focus mostly on strategic sourcing but I would like to emphasize that many of the other leading practices we have identified over the years have not taken root in the Federal arena. Short tenure of acquisition leaders, for instance, still seems to be an issue as well as the authority for program managers and, in this case the CIOs. There are also those basic ingredients for success we do not see fully taking hold yet, such things as defining requirements before you start programs, realistically meeting costs and providing good oversight. In conclusion, best practices can be introduced into the Government setting, but we know they do not always take hold. What threatens tactics like strategic sourcing the most is a lack of leadership, a lack of data and metrics, a desire to maintain control, a lack of incentives and weak enforcement. Reform sometimes end up adding new layers of oversight and bureaucracy rather than streamlining and simplifying and for this reason it is important that implementation be closely monitored, that early successful adopters be recognized, that incentives and disincentives be continually assessed and that leaders be held accountable for success. This concludes my statement. I am happy to answer any questions you have. [Prepared statement of Ms. Chaplain follows:] [GRAPHIC] [TIFF OMITTED] 82274.008 [GRAPHIC] [TIFF OMITTED] 82274.009 [GRAPHIC] [TIFF OMITTED] 82274.010 [GRAPHIC] [TIFF OMITTED] 82274.011 [GRAPHIC] [TIFF OMITTED] 82274.012 [GRAPHIC] [TIFF OMITTED] 82274.013 [GRAPHIC] [TIFF OMITTED] 82274.014 [GRAPHIC] [TIFF OMITTED] 82274.015 [GRAPHIC] [TIFF OMITTED] 82274.016 [GRAPHIC] [TIFF OMITTED] 82274.017 [GRAPHIC] [TIFF OMITTED] 82274.018 [GRAPHIC] [TIFF OMITTED] 82274.019 [GRAPHIC] [TIFF OMITTED] 82274.020 [GRAPHIC] [TIFF OMITTED] 82274.021 [GRAPHIC] [TIFF OMITTED] 82274.022 [GRAPHIC] [TIFF OMITTED] 82274.023 Mr. Farenthold. Thank you very much, Ms. Chaplain. We will get to the questions after all of the witnesses. Our next testimony will be from the Honorable Daniel Gordon. He is the Associate Dean for Government Procurement Law Studies at the George Washington University School of Law and the former Administrator, the Office of Federal Procurement Policy with the OMB. Mr. Gordon? STATEMENT OF DANIEL L. GORDON Mr. Gordon. Mr. Chairman, Ranking Member Cummings, Members of the Committee, good morning. I am grateful for the opportunity to testify before you today regarding the reform of Federal IT acquisition. This is the first time that I am testifying before this Committee not as a Federal employee but as the Associate Dean for Government Procurement Law Studies at The George Washington University Law School. As you know, GW Law's Government Procurement Law Program has, for more than 50 years, been the premiere venue for the studying and teaching of procurement law in this Country. And I am pleased that we have both students and alumns of our program in the room this morning. Let me begin by commending you for focusing on improving the way the Federal Government buys IT goods and services. Despite the criticism and the obstacles you may face down the road, I am confident that we can improve the way the Government buys IT. You are particularly to be commended for your willingness to get input, what I think the Chairman referred to as generous feedback, from the many and varied stakeholders in this complex area. We at GW Law School hosted a symposium about this very draft bill last October 18th and we heard at that symposium the range of views that you have heard in your hearings and your other outreach. I hope as the bill moves forward you will continue to listen to the stakeholders and I hope this will be a genuinely bipartisan effort. With respect to the bill, my written statement includes comments on various provisions. I am happy to address them in question time. Let me highlight a couple of points here. First, strengthening the acquisition workforce of the Federal Government. I applaud the draft bill for drawing attention to the continuing need to strengthen and invest in our Federal acquisition workforce such as the provisions on the IT acquisition cadres and a more secure source of funding for them. It was striking to me that in last month's hearing before this Committee, private sector witnesses talked about the importance that they attach to demonstrating to their employees how much they are valued. No successful company would treat its employees the way Federal employees have been treated recently, repeated pay freezes, threats of unpaid furlough days and general disrespect, as if our employees were causing our Nation's fiscal imbalances. Second, reducing wasteful duplication in IT investment and contracts. During my service as Administrator for Federal Procurement Policy, I saw example after example of multiple agencies, and sometimes multiple components within a single agency, spending time and resources creating duplicative contracts for the same goods or services. It is for that reason that I am particularly supportive of the draft bill's effort to support strategic sourcing and to require that agencies establish a business case before they issue a solicitation that would create a new contract for goods or services already available under existing interagency contracts. And for the same reason, I support the draft bill's effort to increase the transparency of blanket purchase agreements. Apart from these comments on the draft bill's provisions, allow me to briefly mention a couple of additional factors that I think that you will want to keep in mind as you move forward. First, there are limits to what legislation can do in this area. The problems that plague large Federal IT projects, in particular, are often the result of management weaknesses in both acquisition planning and contract management. And they may not lend themselves to improvement through legislation. Second, the Federal Government should learn from industries' practices but it cannot always copy them. We all agree the Federal Government should be focused on low prices and high quality, just like private companies. Unlike private companies though, Federal agencies have to ensure competition, transparency and small business participation that our laws require and that our citizens expect from the Government. In addition, Federal agencies face some unique obstacles. As members of this Committee well know, we generally insist on agencies using one year appropriations in their IT acquisitions, a constraint that no private company has to deal with. I will not go on and talk about the impact of continuing resolutions and sequestration that is certainly an obstacle private companies do not face. In conclusion, and the final point, many of the challenges before this Committee are genuinely difficult and it is best to proceed with caution. Legislation can be a blunt instrument and there is a risk that even the best intentioned legislation will lead to unintended and undesirable consequences. But in conclusion, let me again commend you for your work in this important but challenging area and thank you for the opportunity to appear before you today. I look forward to questions. Thank you. [Prepared statement of Mr. Gordon follows:] [GRAPHIC] [TIFF OMITTED] 82274.024 [GRAPHIC] [TIFF OMITTED] 82274.025 [GRAPHIC] [TIFF OMITTED] 82274.026 [GRAPHIC] [TIFF OMITTED] 82274.027 [GRAPHIC] [TIFF OMITTED] 82274.028 [GRAPHIC] [TIFF OMITTED] 82274.029 Mr. Farenthold. Mr. Gordon, thank you very much. We will now go to our next witness, Mr. Stan Soloway. He is the President and CEO of the Professional Services Council. Mr. Soloway? STATEMENT OF STAN SOLOWAY Mr. Soloway. Mr. Chairman, Mr. Cummings, on behalf of the 360 member companies of the Professional Services Council and their hundreds and thousands of employees across the Nation, we want to thank you for the opportunity to share our thoughts with you this morning. The legislation before us is both timely and important. And while we do have some concerns with the current draft, we strongly support its focus and intent and look forward to working with the Committee on further refinements. Clearly, the time is right for a thorough review of the progress that has been made, or not, and of the ways in which we can rapidly and effectively ensure even greater progress in the future to foster an environment that enables the Government to access the best and most innovative solutions at the best possible price while also enabling this critical industry to continue to invest, innovate and improve its service to the Government. In today's environment of constrained resources, budget instability and dynamic workforce changes, that challenge has never been more difficult nor more important. This fact was highlighted in our biennial Acquisition Policy Survey of dozens of Federal Government acquisition officials who made eminently clear their concern that the state of acquisition and the acquisition workforce has not noticeably improved over the last decade or more despite enormous investments of time and money. And it is the foundation of the CEO Commission PSC formed earlier this year which will be reporting in April its perspectives on how to drive efficiency and innovation in a time of resource constraints. Hence, we are deeply committed in working with you and the Committee on this important bill. As difficult as the challenges before us might be, we also have a unique opportunity to fundamentally transform how Government utilizes technology and in so doing to dramatically improve Government performance and efficiency. With regard to the legislation, we strongly support the direction to bolster the role and effectiveness of Federal CIOs by providing them with greater budgetary and personnel authorities. Similarly, we are very supportive of the data center consolidation provisions and the creation of Assisted Acquisition Centers of Excellence provided that the requirements include adequate flexibility with regard to the actual nature and structure of those centers. Of greatest importance is ensuring that they each share the qualities and capabilities that are the hallmarks of excellence and best practices. There are also several aspects of the bill we believe merit additional attention in order to ensure the achievement of the bill's stated objectives. Key among them is the treatment of so-called commodity IT and the creation of a Commodity IT Acquisition Center. First and foremost, the very term commodity IT is fraught with risk and must be used with great care. Contemporary information technology offerings often involve myriad hardware, software and services solutions, some of which are highly complex, others of which are far simpler, more routine and more static. It is essential that any discussion of commodity IT include clear definitions and context so that this critical distinction is adequately and fully accounted for in both policy and strategy. And while the legislation does mandate that such definitions be developed by OMB, we believe that the legislation itself should address these distinctions and make clear the importance of avoiding a one-size-fits-all approach. We are also concerned with the tendency of some to equate commodity IT with commercial IT. While most commodity IT is commercial, a great deal of commercial IT is anything but a commodity. This distinction must also be very clear in the bill and reflected in any strategy associated with strategic sourcing or other approaches. This is also where the issue of buying for value versus price is so critical, which was alluded to by the Chairman in his opening remarks. Today, across Government, we witness the dominance of low-priced, technically-acceptable acquisition strategies both in name and in practice. For commodities, this might be appropriate. For more complex requirements, clearly it is not. Especially in a resource-constrained environment, it is more incumbent than ever on the buyer to ensure that their strategies are truly appropriate to their requirements and that where real complexity and risk is involved, where continuous improvement and innovation is called for, the best of the best are selected and incentivized for long-term success. We also believe that additional attention needs to be paid to the issue of competition, the single most effective means by which to drive costs down and performance up. One goal of the legislation must be to expand the competitive ecosystem and to preserve robust competition where it exists. This involves carefully assessing unique practices and policies that serve as barriers to entry as well as resisting efforts to significantly roll back current statute in ways that could cause current market participants to exit. So, it also means that we need to avoid overly limiting contract options. While the proliferation of multiple award vehicles has certainly created overlap and may have gone too far, it is also important to not allow that pendulum to swing back too far in the other direction. It is to the advantage of the Government to have multiple competitive contract vehicles that can be tapped for its IT and other requirements. This is the core of our concern with the creation of a single Commodity IT Center. That concern is exacerbated by the proposal to give the center both policy-making and purchase authority. Doing so, we believe, could create a conflict of interest that is actually at odds with the Government's best interests. Finally, we greatly appreciate the attention paid to the human capital dimension but believe more could be done to bolster the ranks of the acquisition and technology workforces through this legislation. We face a series of very distinct but connected human capital challenges and skills gaps that must be addressed holistically to include new strategies for workforce recruitment, development and training. Long-term success will simply not be possible without a well-resourced creatively and effectively developed and supported Federal acquisition and technology workforce. Whatever we have been doing for the last decade has clearly not been enough and this is a challenge we can no longer ignore. Mr. Chairman, Mr. Cummings, that concludes my oral statement and I look forward to your questions. [Prepared statement of Mr. Soloway follows:] [GRAPHIC] [TIFF OMITTED] 82274.030 [GRAPHIC] [TIFF OMITTED] 82274.031 [GRAPHIC] [TIFF OMITTED] 82274.032 [GRAPHIC] [TIFF OMITTED] 82274.033 [GRAPHIC] [TIFF OMITTED] 82274.034 [GRAPHIC] [TIFF OMITTED] 82274.035 [GRAPHIC] [TIFF OMITTED] 82274.036 [GRAPHIC] [TIFF OMITTED] 82274.037 [GRAPHIC] [TIFF OMITTED] 82274.038 Chairman Issa. [Presiding] Mr. Misener. STATEMENT OF PAUL MISENER Mr. Misener. Good morning, Mr. Chairman, Mr. Cummings and Members of the Committee. Thank you very much for inviting me to testify today on behalf of Amazon.com and our customers on the reforms proposed to the draft FITARA legislation. Amazon opened on the worldwide web in July, 1995 and after a decade of building and running a highly-scalable web application known as Amazon.com, we embarked on a mission of serving a new customer segment, including businesses and Government agencies with a cloud computing business called Amazon Web Services or AWS. Today, AWS provides a highly-scalable, reliable, secure and low-cost infrastructure platform in the cloud that powers hundreds of thousands of enterprise, Government, education and start-up organizations. Customers include over 300 Government agencies. Notably, Amazon.com, the largest on-line retailer in the world, has itself adopted cloud computing services provided by AWS to enable rapid innovation and growth, to transform how we deliver our services to customers and to lower our IT costs substantially. One way to think about cloud computing is that, instead of buying, owning and maintaining data centers or servers, Government agencies, business and developers can acquire technology resources such as compute power and storage on an as-needed basis and dispose of it when it no longer is needed. The benefits of cloud computing to its users are first, users pay only for what IT they actually consume and only when they consume it. Second, expensive are lower than if the user self-provided the IT. Third, users do not need to guess their capacity needs. Fourth, virtually unlimited capacity is available to users within minutes. And fifth, cloud computing allows the users scarce technical talent without focus on its core mission, not on maintaining infrastructure to support it. Cloud users who enjoy these benefits include Federal Government users. Amazon supports Federal IT acquisition reform. Given the benefits I have just described, Amazon believes the principle aim of Federal IT acquisition reform legislation should be to facilitate Federal Government acquisition of cloud computing services. Amazon also generally supports the aims of the FITARA draft released last fall. Although we are not experts in several of the areas covered by the FITARA draft, we do know about cloud computing and serving public sector customers. So, here we offer our views on where the draft excels with respect to cloud computing and where we believe it could be improved. Title I of the FITARA draft would give Federal agency CIOs more authority and budget flexibility. Amazon supports this idea and believes it would lead to the adoption of more efficient solutions including cloud computing by Federal agencies. One area where CIOs should be given more authority and flexibility is with respect to spending models, specifically capital expenditures or CAPEX versus operating expenditures, OPEX. Title II of the draft already is strong but it should be strengthened to help Federal agencies provide Government services more efficiently. In Section 203, we recommend including a direct link between the required plan for implementation of the Federal Data Center Optimization Initiative and OMB's Cloud First policy. In Section 204, FITARA should explicitly clarify that using commercial cloud services is an equally valid is not preferred way to comply with the data center consolidation mandates because commercial service providers can make available more compute power and storage for a fraction of the cost based on what agencies actually use. Section 214 recognizes as a Sense of Congress the overall importance of cloud to Federal IT acquisition reform. However, without changes to the budget and acquisition process, the benefits of cloud computing may not be fully recognized by the Federal Government as soon as they could be. We support the development of Assisted Acquisition Centers of Excellence under Section 302. We believe that these centers could be well-positioned to examine and incorporate innovative approaches including pay as you go utility price models to acquire and deploy cloud computing services. In closing, Mr. Chairman, I would like to thank this Committee for working with the IT industry and other stakeholders as this legislation is developed and formally introduced. Amazon believes that the Federal Government, on behalf of the people it serves, would benefit greatly from expanded use if cloud computing. With FITARA, our Nation has an opportunity to eliminate duplication and waste but also, with the changes we have suggested today, to accelerate the adoption of technologies and practices that transfer how the Government performs its functions. We look forward to continuing to work with you and your Committee and thank you again for inviting me to testify. I look forward to your questions. [Prepared statement of Mr. Misener follows:] [GRAPHIC] [TIFF OMITTED] 82274.039 [GRAPHIC] [TIFF OMITTED] 82274.040 [GRAPHIC] [TIFF OMITTED] 82274.041 [GRAPHIC] [TIFF OMITTED] 82274.042 [GRAPHIC] [TIFF OMITTED] 82274.043 [GRAPHIC] [TIFF OMITTED] 82274.044 Chairman Issa. I hope you do. I will now recognize myself with some short questions. Mr. Spires, how many CIOs are there in the network of CIOs of the Federal Government? Mr. Spires. I think you recognized earlier, you said hundreds of CIOs in the Federal Government. Chairman Issa. Well, the reason I did was because when we asked the Office of Management and Budget how many there were, although we have estimates and we have used numbers, OMB said OMB does not have a role in nor does it manage the direct hiring or titling of positions for specific agencies. In other words, you can make as many as you want. It is an agency decision and they can have a lot. Now, you had a council of people with the CIO title. How many do you have within your council? Mr. Spires. There are 13 of us, sir. Chairman Issa. And, as the chief, how do you feel about having 13 titles none of whom have budget authority? Is that really, is that manageable to have to create a council of chiefs and none of you in the room have direct and absolute budget authority? Mr. Spires. It is a true statement that none of us have absolute and direct budget authority. If I could frame what I see as the issue around this, we find ourselves in a position, and it really is a structure of the way Government is funded, right, so that budgets, like at Department of Homeland Security, are appropriated at the component level, like to FEMA and to CBP. And so they control those budgets. Chairman Issa. Well, let me stop you for a second. Mr. Spires. Sure. Chairman Issa. I completely concur that the dysfunctional way we do things down the hall at Appropriations and have done it, which is a chicken or the egg, Government formed this way, appropriators formed to match Government, Government then continued to conform to a system that had been established. So, as we have gone from two or three secretaries that George Washington had to a plethora of them and more being asked for, and then sub agencies, we have created, everybody gets a little pot of money. That is pretty much from George Washington until now how we got here, right? The question for you is, should money be allocated to IT and be reprogrammable and spendable in a way that although you anticipate an awful lot, there is accountability to a major block for that money being spent, not spent, converged into a common pool of money to do a job better, or, in fact, request reprogramming to use an appropriator term, but have a single point of accountability that ultimately has plenty of little chiefs but somebody in a major agency can say I have got $6 billion and I will be darned if I will waste it. Mr. Spires. Well, by the way, that is the way I feel every day when I get up, sir. I have got $6 billion and I do not want to waste a penny of it. Now, that being said, I concur with the concept that I need to, as the CIO as Homeland Security, drive real efficiencies. My first thing I talked about as what we need to fix is this issue of standardizing IT infrastructure through things like cloud computing. We need to do that to drive the efficiencies, okay? So, the model I am espousing, however that is done, all right, does that need to be full budget authority? That is one model and I think you should look at that model. There may be other ways to do it. But I need to be able to drive that set of efficiencies one way or another. Chairman Issa. I appreciate that and we will get back to you on that. Ms. Chaplain, not to take the absolute of my explanation, but if we continue the way we are with pockets of money spread into hundreds or perhaps thousands of little fundings, don't we almost guaranty that the big picture, the big solutions, the big let us converge on the cloud and save money, just simply will not happen? Ms. Chaplain. Yes, and I think many, many studies point to the issue of diffuse authority, most recently in DOD, and I think if you do not have a single point of accountability, someone who actually can stop projects and has good visibility over the portfolio that can act on that, you do have a problem that is going to remain. Chairman Issa. Any other weigh-ins from the other stakeholders here? Let me follow up with another question. I am going to go to Amazon. And thank you for saying you look forward to my questions. If there are five Federal entities and they decide that they want to all be on a, and let us just assume they are on Microsoft Exchange, and they want to all be together in one cloud and have all the bandwidth necessary or all the DADS and other resources necessary that they had, but be on one convergence, how long does that take at Amazon? Do you have an idea? Mr. Misener. Well, thank you, Mr. Chairman, and I do look forward to the questions like this. Our experience has been that we can move very quickly. That is part of the beauty of cloud. You can ramp up and ramp down as quickly as you need. And so, it can be, we had an experience with a Federal agency who had a mission and knew that they could accomplish it in the cloud about 18 months faster than doing it on their own and yet they were not able to make anything but a capital expenditure. So, they ended up having to wait over a year, they spent $1 million on it, when it could have cost them about $120,000 a year instead. Chairman Issa. Well, let me ask two questions that I know the answer to so I can yield time to the other side now. One is, is it not true you sell time essentially and processing by the minute? Mr. Misener. Yes. Chairman Issa. That you buy everything incrementally so that you buy, you pay for only what you buy? Ms. Misener. That is correct. Chairman Issa. And is it not true that a typical company, if 10 of us had our own exchanges that we could all be in the cloud in hours at the minimum and days at the longest for a standard off-the-shelf product like Microsoft Exchange? Mr. Misener. Well, it is minutes if you are a small enterprise. So, you can get on the cloud very quickly. It really is measured in that. And obviously more complex needs from enterprises or Government agencies, we want to be able to work directly if necessary with those customers to ensure that they get what they want. But again, certainly it depends on the scale, but we are faster. Chairman Issa. Okay. And then I have an exit question, I have got to go to the gentleman from, I think Massachusetts, next. Is it not true that there are many other companies somewhat like Amazon, that we did not bring you here as the only one that could do it but that, in fact, whether it is Rackspace or lots of other companies, there are companies who provide similar services and there are no barriers to entry so you could have 100 bids of people who could do various Government cloud transfers? Mr. Misener. Correct. And we are enthusiastic believers in the cloud, both as a provider and as a user of it. Chairman Issa. Thank you. We now go to the gentleman from Massachusetts. Mr. Tierney. Thank you. Let me just pick up from there. Are there any security concerns or risks that we ought to be considering in talking about encouraging people to use the cloud? Mr. Misener. Security is enabled by cloud. We are, because of our scale, we are able to dedicate more resources and invest more in policing and getting out ahead of threats in a way that smaller enterprises just cannot. And so, it actually is an enabler of security. Mr. Tierney. So, the Administration is already sort of heading in that direction and encouraging people on that. Do you think that putting incentives into this bill is a positive step or a necessary step? Mr. Misener. Well, I think it is more permissions. The CIOs need the permission to be able to get cloud services. They need the permission to be able to go to an operating expense model rather than a capital expenditure model. I cannot tell you how many times we have had circumstances where the CIO wants to do it, but cannot, or believes that he or she cannot. That is a real impediment. The theme that we see is that the CIOs get it. They understand what is going on. They understand what is needed. They understand that it can be as secure as they want it to be. But they are not allowed, because of procurement policies, to go and get it. Mr. Tierney. Do you think the bill goes far enough? Mr. Misener. No. Mr. Tierney. What would you do, in addition? Mr. Misener. I would specify in many places that cloud computing is something to be considered as an option, not forced upon CIOs, but at least give them the option to do it and make sure they have the flexibility to spend money as an operating expense, not just as a capital expense. Mr. Tierney. Can you give us an example of something that Amazon utilizes as a best practice that is not captured in this bill but you think it might be beneficial to the Federal Government? Mr. Misener. Well, we pride ourselves on doing our very best to serve our customers in whatever their needs are. So, for example, we are happy to work through integrators, large, our partners, to serve Federal Government agencies. We are also happy to work directly with the Federal Government agencies if they so choose. And so, we try to be as flexible as our customer needs demand. We have helped them get FISMA approvals, for example, when they need it. And these sorts of customer-centric approaches are ones that say that, you tell us what you need, and we will provide it. Mr. Tierney. I have no further questions, Mr. Chairman. Chairman Issa. Would the gentleman yield for a second? Mr. Tierney. I will yield. Certainly. Chairman Issa. Wouldn't you always also characterize that when you are in the cloud, by definition, if you are doing a hundred different agencies and there is a patch, an upgrade, a security change that typically the integrator of many, many stations is going to be able to do that for all the customers in real time much quicker than you would do at a typical offsite where they would have to learn about it and then they have to, the IT people have to go in and do it on servers locally? Mr. Misener. Yes, Mr. Chairman. The countermeasures that we can deploy we can deploy globally in an instant. That is why we are able to keep out in front of the threats just by virtue of scale. It is not because we are more virtuous but the scale that we have allows us to take care of those threats in advance. Chairman Issa. Thank you. I thank the gentleman. Mr. Tierney. May I reclaim my time for a second? I just want to yield it to Mr. Connolly who wants to make a statement. Mr. Connolly. I thank my colleague. Actually, I did not want to make a statement. I wanted to use a little bit of extra time to get some more feedback. Chairman Issa. The gentleman is recognized for a total of seven minutes. Let us just get it all done at once. Mr. Connolly. Thank you, Mr. Chairman. Thank you very much. Chairman Issa. Go ahead. Mr. Connolly. Mr. Gordon, the bill, the draft bill we are talking about addresses open source, open source software, and it requires OMB to issue guidelines on its use and collaborative development. Do you think that would be, would have been a useful provision, if it had been in law when you had your previous position? Mr. Gordon. Thank you, Mr. Connolly. It is very important for there to be technology neutrality in this area. And I think, I am not an IT expert and my colleagues on this panel may have more to add on this, but my sense is that we need to be very careful to keep competition open and to be technologically neutral. If that is the intent of the bill's language, I am very supportive of it and I think it would be helpful. Mr. Connolly. Could it save money, Mr. Spires? Mr. Spires. Oh, absolutely, sir. In fact, we are using open source in numerous ways now within DHS and we look to use more of it into the future. Mr. Connolly. Is there a differentiation of pricing in various contracts within the Federal family on off-the-shelf and open source? Mr. Spires. I mean, back to what Mr. Gordon was referring to. We want flexibility. We want to do what is in the best interests of the taxpayer in this regard. And we will be assessing all solutions and more and more we are looking at open source solutions to meet our needs. Mr. Connolly. Do you think that the Government could and should rely more often on open source software when it buys new products? Mr. Spires. I will go back to we need to do that assessment. I am not suggesting that we have an open source first policy. I think we have to look at both open source and standard products and what best meets the need for the Federal Government. But with the maturity of where open source is today, we can use it in mission operations spaces in a secure manner. Mr. Connolly. Mr. Soloway, industry's point of view about that? Mr. Soloway. I think we are all in alignment on the basic question of open source and the needed flexibility. If I might just go back to a point that was made a moment ago, the discussion of cloud computing and the role of cloud, I would offer a couple of contextual comments. Number one, I do not think there is any disagreement about the cloud. I think there is still inconsistency in the agencies as to what they define as the kind of cloud they want to go into, whether it is their own, whether it is a broader commercial offering, and I think that issue is one that has not yet sunk in in the National security environment. There is still a lot of discussion and debate. So, there is a cultural issue that needs to be addressed there. The second point I would make is, and, Mr. Chairman, you made this comment earlier about the access to the commercial base and commercial best practices, even as we talk about that in this hearing, we are seeing a stark pulling back by many agencies of Government from commercial business practices on the acquisition side. The Department of Defense has tried for two years in a row to dramatically change the definition of a commercial item or service which, in fact, would have taken Amazon pretty much out of the Federal space because I discussed it with them and others who came in as a result of some of the reforms put in place by Clinger-Cohen and earlier legislation. So, we need to align the goals of our technology and IT policy with the acquisition policies and practices we expect and demand. One can have tremendous transparency and accountability and still use commercial best practices. But, unfortunately, we see a disconnect there between the acquisition and technology communities that I think we need to overcome. Mr. Connolly. I guess by implication in terms of what you just said, you do not feel that the language in the draft bill goes far enough in that respect? Mr. Soloway. No, I do not think, I think the language in the draft bill addresses the basic question. As I said in our testimony, I think there is more definitional context that is needed. I think there are some risks to the term commodity IT because it tends to be overused when it is, something is or is not a commodity. We are seeing buying practices across Government that assume everything is a commodity, which is not the case. So, some more context and definitional support, I think, would be important. But also going back to Mr. Spires' comment, maybe the most important thing would be substantially enhancing the focus on the workforce that the bill addresses. As I said, our Acquisition Policy Survey was stunning this year in that we had more than four dozen Federal acquisition leaders say to us, things are just not any better than they were a decade ago. We have a huge, huge problem. We do not support and empower the workforce. And, frankly, I think we could make an argument that we probably do not develop, train and advance them in the proper way. And so perhaps a fundamental rethinking to the point Mr. Spires talked about with the Program Management Center of Excellence gives you an opportunity on the civilian side to do something that has never been done before. What does program management mean? What kind of workforce of the future do we want and need and how do we best develop them? If you go to best commercial practices, they do not look anything like the way we develop our acquisition community in the Federal Government. Mr. Connolly. Yes. I think maybe we do need to beef up the people part, the personnel part, of the draft legislation. I take your point very much. I know when I was in the private sector we were always experiencing the good, the bad and the ugly in terms of skill level in managing large, complex IT contracts. Mr. Soloway. One of the stunning statistics that is relevant to this bill, and it is in the written testimony, is as much as we talk about the graying of the Federal workforce and having four times as many people over 50 as under 30, in the IT workforce in Government it is dramatically worse. According to the Office of Personnel Management, we have seven times as many people over 50 as under 30 in the IT workforce. Mr. Connolly. Careful about that. [Laughter.] Mr. Soloway. Well, I am of that same age, sir. Mr. Connolly. Those are Renaissance men and women. [Laughter.] Mr. Soloway. The point being, of course, that it is the diametric opposite of what you see in the commercial space. Mr. Connolly. Yes. In my last one minute and 28 seconds, Mr. Gordon, Mr. Spires talked about, and the Chairman laid out, sort of the multiplicity of CIOs and respective areas of responsibility. It is so diffuse as to mean there is no really one locus of responsibility. Do you think the bill as currently drafted adequately addresses that and gives the proper authority to a person, a point person, in each Federal agency and if not, how can we improve on it? Mr. Gordon. I think the bill is commendable in trying to focus on having a person on the CIO side of the house. The only points of caution I would add for consideration as you go forward, and this may be more report language than statutory language, is that you do not want the CIO to be a bottleneck. You want a high level person to make high level decisions. You do not want every small IT decision to be sitting on her or his desk to get decided. That is one thing. And a second thing, something that I have been worrying a lot about over the last 10 years, there is a risk of imbalance between the contracting workforce and the IT workforce. If you give too much power to the IT workforce and exclude the contracting workforce, you are going to lose the advocates for small businesses, the advocates for competition, following the FAR. That is why I have always been in favor of integrated teams with clear leadership. Thank you. Mr. Connolly. Mr. Chairman, my time is up. Would you indulge Mr. Spires to be able to answer that question? Chairman Issa. Absolutely. Mr. Connolly. I thank the Chair. Chairman Issa. Thank you, sir. Mr. Spires. A couple of points regarding this. Under the structure that I think would be best for larger departments and agencies, the central CIO, the individual in my role, does have that high level view but is also driving those enterprise capabilities that are leverageable then by all. And we talked a lot about cloud computing. I am a huge believer in it. We have 11 cloud-based services. I serve on the JAB at FedRAMP. That, I think, can be transformational to deal with some of the security issues that were raised. So, the notion then is once we have that infrastructure layer at an enterprise level standardized and modern, then the individuals within my components, like FEMA, they can focus on that value add, what is the functionality, how do we help the mission deliver more effectively. What we have right now is too many people out on the edge worried about infrastructure, worried about things they should not be worrying about. I yield. Chairman Issa. Thank you. And now we go to the very young but prematurely gentleman from Michigan, Mr. Walberg. Mr. Walberg. That is probably the most unusual introduction I have had. [Laughter.] Chairman Issa. And I want you to live up to that youth, young, you now, you are not over 50 yet, so it is a lie on your birth certificate. Mr. Walberg. Just keep feeding me good chocolates and nuts. That will work fine. Mr. Spires, I hesitate in a sense talking about a congressional budget cycle because I am not sure if one of the Houses understands there is a budget cycle. [Laughter.] Mr. Walberg. But in any case, what impact does the Congressional budget cycle have on IT redundancies and wasteful spending? Mr. Spires. Well, it certainly makes it difficult at a program level, this notion, and Mr. Gordon alluded to it, of having one year funding, it really does make it very difficult to do good planning. And then when you get into things like continuing resolutions, and we are jammed up trying to actually issue procurements and complete procurements in a very short time frame near the end of a fiscal year, those things are just not best practice management or IT best practice. So I would look for more flexibility. Mr. Walberg. What are those flexibilities? Mr. Spires. Well, I mean, multi-year funding helps us and we do have some of that in certain instances so that we can, I mean, even though we move to more agile programs and we are getting releases out in four to six months on many of our programs, that does not mean we are going to complete the whole thing within one year. I mean, many of these are complex systems that take multiple releases. And so we need the kind of time frame to do the right kind of planning. And I also think more portfolio types of budgeting so that we have more flexibility. If we are in a cloud-based environment like we have development and test as a service and we can turn out product sometimes, I am saying simpler applications, within a matter of a couple of months, that does not fit with any Government budget cycle. But we need to have that kind of flexibility. So, if you will, funding us by a portfolio, an area. And then on the flip side what we owe you back is real transparency. What are we doing, how are we oversighting that, how is the progression going, what decisions did we make and how we made those decisions to allocate those funds, we owe you that transparency. Mr. Walberg. And an end zone that you ultimately get to as well. Mr. Spires. That is true, sir. I agree. What is our objective, why do we need that portfolio money and what are we trying to achieve with it? That is fair. Very fair. Mr. Walberg. Let me follow up. Our legislation provides CIOs with both a broader budget authority as well as more flexible use of revolving and capital working funds. Is that the right approach? Mr. Spires. I think it goes back to the Chairman's discussion around the budget authorities. One way to do this is through those types of revolving funds, working capital funds. We have such a fund within DHS that we use to fund enterprise IT. I will say it is somewhat cumbersome but it does work. And so, if you are not going to, it is way at least to get the funds together. Although I will tell you, even in that kind of model, one of the problems that I have in trying to drive enterprise services is that it might be good for all of DHS, but if it is not good for a particular component, they are not going to play ball with you well. They are not going to want to do that. And this is a discussion I have many times with the CIO. I am talking to the CFO of that component. I am even talking to the head of that component because I am trying to optimize and provide, if you will, enterprise capabilities across the enterprise. So, that is an issue that we deal with by not having that consolidated funding for IT. Mr. Walberg. Thank you. Mr. Gordon, in your testimony, you raised the concerns that there are limits to what legislation can accomplish. What are those limits? Mr. Gordon. Thank you, sir. I would, it may be worth thinking of IT acquisition as divided into two different types, very big projects and then purchases of small things, hardware, software, software licenses. The very big projects in many ways are more like DOD's major weapons systems. The challenges we face are acquisition planning, very tough to legislate acquisition planning, contract management, a tough area to legislate. The idea of a CIO and strengthening the CIO does go to large projects and may be helpful. But much of what I see as positive in the bill is actually relevant to those smaller purchases, the strategic sourcing and the other areas. Mr. Walberg. Does our bill run afoul of those concerns? Mr. Gordon. No, not at all, sir. It is just that the bill does not, and it does not need to, distinguish between big projects and the small purchases or relatively small purchases. They are just different issues and the bill actually includes some positive things with respect to both. I do not see problems with respect to either one on a large scale in any event. Mr. Walberg. Okay. You mentioned in your testimony that Government can learn from industries best practices but cannot copy them. Can you elaborate on that in five seconds? [Laughter.] Mr. Walberg. Take a little time. Mr. Gordon. Sure. There are all sorts of things that industry can do that we cannot do in the Federal Government. You have heard about the appropriations problem, the competition issue. I will say, though, that I think that the Government has more flexibility in its procurement system today. In fact, I did not quite understand Mr. Misener's reference to procurement policy getting in the way of shifting to the cloud. I think we already have a lot of flexibility under our procurement system. We do have to worry about things like small business participation, like transparency, that the private sector does not need to worry about. But overall, I think our procurement system can succeed and this bill is pushing us, I think, in a helpful direction. Mr. Walberg. Thank you. And thank you, Mr. Chairman. Chairman Issa. Thank you. As I go to the Ranking Member, Mr. Gordon, if I could summarize what you said? We cannot legislate out stupidity. [Laugher.] Mr. Gordon. I do not think I actually used those words. [Laughter.] Mr. Gordon. But good management, as you know from your experience before you came to Congress, sir, good management is something that you just cannot do by legislation. Chairman Issa. And as we go to the Ranking Member, that is the point and the reason that we have to invest in our Federal workforce every single day. I recognize the Ranking Member. Mr. Cummings. Mr. Soloway, you said in your written testimony, and I quote, long-term success is simply not possible without a well-resourced, creatively and effectively developed and strongly supported Federal acquisition and technology workforce. Do you believe that making investments in the acquisition workforce now will pay off with cost savings in the long term? Mr. Soloway. Absolutely, if the investments are properly targeted and made. I think we have spent, over the last decade or more, a tremendous amount of money trying to develop the acquisition workforce. When I was in the Defense Department in the 1990s, the Defense Acquisition University was part of my portfolio. I had a $100 million budget for acquisition training. The question I think that needs to be asked is similar to the question the Chairman has asked with regard to the foundation for this bill. It has been 17 years since Clinger- Cohen. Why are things not better? It has been 20 years since the Federal Acquisition Reform Act. Why is our acquisition workforce still so beat down, under resourced and, frankly, under empowered. What we see on the acquisition side, this may be the dichotomy between what Mr. Gordon and Mr. Misener are seeing, it is not a matter of policy, it is workforce that is not incentivized to use critical thinking skills, to take some reasonable element of risk to know that their leadership will support them if they make a mistake or things go south which they inevitably do for reasons having nothing to do with what they did. Mr. Cummings. Wait, wait, wait. So it is not about being properly trained? Is that what you are saying? Mr. Soloway. No, I think that we have not necessarily done the right kind of training. I think there are gaps in the training. I think there are gaps in the degree to which we empower that workforce and support them. Mr. Cummings. Yes, I tell the story that when I was Chairman of the Coast Guard Subcommittee of the Transportation Committee, we saw where because the acquisition people were not properly trained, I mean we literally, literally, were buying boats that did not float. I mean, we lost hundreds of millions of dollars under this Deepwater Program. And they just testified yesterday in Transportation that, because of the changes we made, they now are on sound footing. But they literally had to bring in a force, they had to work with the Navy, to upgrade their people, to teach their people how to do acquisition. And I do not think a lot of people realize how important acquisition personnel can be. Mr. Soloway. If I could just share with you? First of all, Deepwater is a great example. Mr. Cummings. You are familiar with it? Mr. Soloway. Very much so. And when I was in the Defense Department, I got a call from the GAO wanting to know what we thought of Deepwater and my response was it depends on the nature and quality and skills of the people that are there to manage it. It is not necessarily the strategy that was wrong or correct, it is a people issue. But I think that it is worth rethinking how we develop our workforce, not just how much money, but what we are trying to train them to. We are talking here about commercial best practices. We are talking about asking them to make tough, complex business decisions. Yet, if you really look at the training that we do, there is a stark lack of business training involved in it. It is more about the rules of the Federal Acquisition Regulation, which are important, but that does not necessarily translate into then really thinking in a critical sense how do I apply those rules in different circumstances to come up with smart business decisions. Mr. Cummings. And I guess that goes to your point a little bit earlier, when you talked about, I cannot remember your exact words, but you said something about, sometimes folks are looking at best price but not necessarily looking at quality. And sometimes the price is nice but, in the long run, you are not really saving because you are not purchasing wisely and looking at the long run. Would that be part of the kind of training you are talking about? Mr. Soloway. Absolutely. And part of what the workforce is encouraged to do, and this is where I differ a little bit with Mr. Gordon, I think that where the bill can help that issue is in the definitions of commodities versus more complex solutions because the way you approach the business relationship is very different. I am not sure there is enough explicit distinction there. But we are seeing that trend, Mr. Cummings, across the Government. Very complex requirements. And there is in the acquisition requirements a term called low price technically acceptable and what that says is anybody who is minimally acceptable submits a bid and the lowest price automatically has to win. That does not give you any flexibility to say well, if I spent 3 percent more over here, I got a little bit better performance or a better history or what have you. So, a low price approach to complex solutions does not make sense. But, unfortunately, that is now what the workforce sort of thinks that they are expected to do. And that all comes back to training and, in a big way, comes back to leadership. Mr. Cummings. Mr. Spires, these upcoming furloughs, does that affect you? Are you concerned about that? I have heard the Secretary talk about the Department overall. Mr. Spires. I do not want to talk for the Secretary. But of course we are concerned about that, sir. Mr. Cummings. I am talking with regard to this particular issue. Mr. Spires. For ourselves, here, and we are in a position to keep our mission critical systems operational. Can I go back and just comment, please, on this whole issue of acquisition workforce and the like? I would rather use the term for large, complex development programs or IT programs, I use the term program management because one, I come from the private sector and that is what we used, but two, I want to make that distinction. I have reviewed hundreds of programs in the Federal Government over my eight years of service in this Government, and many in the private sector, and I have always found that it is the competency of those that are running the program and how they are doing it is the determining factor for success. And so, I will take exception a little bit to Mr. Gordon that focus on contract is important, but you have got to be able to run a program and a contract vehicle or contract vehicles is a part of the program. And if you focus on the program, what is important there first, that is where you have got to start. That is how, when I evaluate programs I am always talking about that first. Do we have the right skill sets to be able to effectively run this program? Mr. Cummings. Thank you, Mr. Chairman. Chairman Issa. Thank you. We now go to the gentleman from Florida, Mr. Mica. Mr. Mica. Thank you. An interesting discussion. A couple of comments. Mr. Cummings was talking about the Coast Guard and Deepwater and, having followed that pretty closely, some of the, I guess the issues that we have to deal with is do we have the authority and part of this bill is trying to make certain that we have the authority. Some of you have said we do have the authority. Then the next thing would be the skill sets or the management, the administration of the program. I noticed, just to reminisce a second on Deepwater, I looked at that, and the Coast Guard is a relatively small agency and they got into building these they call them National Security-sized Cutters which they did not have the in-house expertise to do. There was a whole host of issues there, I found. They could not first retain the personnel to do that, they pay so low. The Coast Guard are paid just a fraction of what some of the Federal bureaucrats are. And then, did you want to create an agency which was going to build a half a dozen of these ships with this massive thing that they, that the United States Navy was having difficulty acquiring the skills sets and personnel. So, do you all think there is enough authority in the bill as revised? You had some good, well, you gave some specifics. Rarely do we have any anybody who actually comes up with specific legislative remedies. So, we have yours. Does anyone else have any specifics? Mr. Soloway. Mr. Mica, I would like to suggest, and this has occurred to me as we have listened to the testimony this morning, that Mr. Spires' comment around program management, I, along with some Federal CIOs and others several years ago looked at this issue, three or four years ago. And I am wondering if the bill, if Mr. Spires' objectives, which I think are correct in terms of the program management function and capability, could not be strengthened in terms of identifying and defining a true program management career field on the civilian side. We have people in the civilian agencies who have some program management skills but it is a very roughly defined, and not clearly defined. Mr. Mica. Well, yes. Are you talking about for CIOs and other officials? Mr. Soloway. I am talking, I am sorry, sir, I did not mean to interrupt. If you look at the Defense Department, not that all the Defense Department programs are successful, but they do have a very clearly defined program management skill workforce with very clear training and development requirements. That it still relatively nascent in the civilian sector and I think to Mr. Spires point, perhaps one of the things in the bill is to help define that and advance that objective. Because that is where it all comes together at the end of the day, is through program management and the leadership of the team. Mr. Spires. Picking up on that, sir, I recommended this idea of the Center of Excellence. We are never going to be able to go out and hire all of the talent we need into the Government to really use commercial best practices for running our programs. But we have real pockets of excellence. We have excellent people. If we can leverage those people in a way that can be leveraged across agencies, I think we would do ourselves good. So, I gave some, in my written testimony, some ideas on how to do that. Mr. Mica. Okay. Well, the first thing, again, is authority, then the skill sets and the personnel are important. It is interesting, the aging workforce is a fascinating factor because, you know, if I want anything IT done in my office I have the geriatric ward, having been here 20 years that I employ, but I do not go to any of them, I go to sort of the new kids on the block and they are wired, they know how to do it and get it done. But it looks like we are headed in the wrong direction. And it is not that we do not pay people enough or there is instability in the Federal Government, Mr. Gordon, it is probably one of the most stable employers. I was Chairman of Civil Service. Nobody gets fired in the Federal Government, period. And we do pay above scale. The question is, who we are paying and how much and getting those skills. When I was chairman of a subcommittee here, we did IRS and one of the things we found is we were not paying people to pay these systems the wages they could get on the outside. We had to change that. We may have to do that. And also a campaign to attract the young talent. You have to have people who really know how to, and not me, but GAO said that in most cases IT investments are underperforming, overall lack of skills experience of Government-led management teams. So, authority and then somebody who knows what the hell they are doing and how the hell to do it. [Laughter.] Mr. Mica. So, again, as we craft the bill, the Chairman has done a great job in putting this together, you want something that gives us the tools and then the personnel to do it. So, I only have 11, well, I am already over time, so yield back my over time. Chairman Issa. Okay, that is 18 seconds of negative yield back. [Laughter.] Chairman Issa. Thank you. We now go to the gentleman from Illinois, Mr. Davis. Mr. Davis. Thank you very much, Mr. Chairman. And let me thank you for calling this hearing. I was thinking that the people in my district would really appreciate listening to this discussion, especially given the fact that we are talking about how do we get the most mileage, or the most effective results, from the monies that we spend, the money that we allocate, the resources that we use, and how do we create the systems and the workforce that will give us results. OMB estimates that consolidating Federal data centers could save us between $3 and $5 billion. So, I am thinking about that and I guess my first question to the panel is do you believe that the consolidation of data centers is actually helping to modernize the Federal Government's IT investments and do we save from this process? Mr. Spires, why don't I begin with you? Mr. Spires. Sure, because we are in the middle of this, sir, and I think the proper consolidation of data centers. So, as you consolidate you need to not just set up the same servers that you had in your old data center in a new data center, but you need to look at virtualization technologies and now cloud technologies and leverage those appropriately. I am very heartened by what we are doing around the Data Center Consolidation Initiative, together with the cloud first policy, because it is, I believe, the right formula to move us forward. And we are seeing very significant savings. We at DHS, we are looking at a 10 percent cut in an overall infrastructure budget. So, I am pushing very, very hard to get this done because we can realize that level of savings by doing these things with the Data Center Consolidation and the cloud first. Mr. Davis. Mr. Gordon, let me just ask you, the workforce, we have had some discussion, the kind of training that people receive, can we create, or do we create, training modules that will produce the kind of results that you talked about, perhaps, and how do we do that? Mr. Gordon. Thank you, Congressman Davis. It is very important that we have enough people and that we give them good training. And I can tell you that there are efforts both at DOD through the Defense Acquisition University and the civilian agency SOD through the Federal Acquisition Institute to get good training, including online training which is an area we are working on. I am honored to be a Director of the Procurement Roundtable which has had sessions devoted to training of the acquisition workforce. We actually have a couple of sessions with junior people in the acquisition workforce tomorrow at GW Law School. What we often hear is that the acquisition workforce is simply traumatized. They are traumatized by continuing resolutions, by disrespect that they get. When they go to low price technically acceptable, Mr. Soloway pointed out, it is not because they think it is the best path but they are scared, they are scared of getting in trouble for picking something that costs more even though it is higher quality. They are worried about, perhaps, being dragged in front of this Committee. They are worried about IT reports. Chairman Issa. I want to state that we welcome people, we invite them. They have never actually been dragged in here. [Laughter.] Mr. Gordon. And I am honored to be here, Mr. Chairman. We need to change from an atmosphere of fear, a poisoned atmosphere where people don't feel appreciated, don't feel empowered, to one where they believe that they can be trusted. There is cognitive dissonance when we say on the one hand, oh sure, we are going to support the acquisition workforce but on the other hand we bash them all the time. You cannot expect to get positive results when you do not show respect and support for your workforce. Mr. Davis. Thank you. Mr. Chairman, I know that my time is about to expire, but could we allow Mr. Soloway to respond to that? And Mr. Misener? Mr. Soloway. Very briefly, I agree with almost everything that Mr. Gordon said. I just offer a couple of observations. We do a biennial survey of Federal acquisition leaders. It is the Government talking to us about what is on their plate, what is bothering them. I think the findings this year, as I mentioned earlier, were very stunning and that they clearly concluded that things are not getting any better for many of the reasons that Mr. Gordon cited. But two other things that jumped out of this. By a margin of almost seven to one, they said they do not feel that their workforce has adequate skills to acquire complex IT. And by a margin of nine to one, they felt that their workforce did not have adequate negotiating skills. What that led them and us to conclude is that while we are investing in and constantly trying to reevaluate the training and development, we do not have it right yet. And perhaps it is time to break out of the mold, to really open the aperture to much more, and I will use the term loosely, commercial training and commercial development tools. We do not take our workforce and rotate them throughout the organization as the best companies do when they hire new people so that, as they move up the chain, they have experience and knowledge of very different aspects of company operations, for example. And as I said earlier, there are, I think, some huge gaps in just basic business training and how that aligns or doesn't with the specific and unique policies of Federal acquisition. Mr. Davis. Mr. Misener, if you have anything, briefly. Mr. Misener. Thank you, thank you both, Mr. Davis. A lot of discussion has been around the nature of the procurement workforce and our experience has been that they are extremely talented and they know what they are doing. But they also feel inhibited by vague or counterproductive rules from above. They know what they need to buy. They know the best solutions. But they just are not empowered to choose those solutions. And so I think the FITARA could go a long way to giving them that confidence they have to choose the correct solution for the Government and the taxpayer. Mr. Davis. Thank you, Mr. Chairman. Chairman Issa. Of course. We now go to a man who is a young entrepreneur in the IT area, Mr. Farenthold. Mr. Farenthold. Thank you, Mr. Chairman, and I am happy that you guys all chose to testify. I think there is a whole lot of savings to be had and I appreciate your input. When I was back in the computer consulting business in the ancient history in computer days, one of the things that I liked to tell my clients was that you need to change your mindset about IT. Admittedly, I was primarily dealing with small businesses, but with the technological cycles you almost need to look at IT as an expense more than a capital item, specifically with respect to the day-to-day stuff, the desk top PCs and some of the things you go there. I know Mr. Misener and Amazon whose name appears way too often on my credit card bill, puts that as a, software, as a service. [Laughter.] Ms. Farenthold. But I wanted to visit with you, Mr. Spires. Obviously, the big massive technology projects do need to be handled in a different fashion. But how do we get to, or can we get to, or is it appropriate to get to, technology more as a day-to-day technology as an expense rather than a capital item? Mr. Spires. That is a great point. In fact, we are trying to get there. I mentioned 11 cloud-based services we are moving to. As an example, we have got 110,000 of our employees on our emails as a service offering now. And that is an expensed item. We are buying it as a cloud-based service, there was very little in the way of capital outlay, we had some migration costs to get to it, but not large, and we pay on a monthly basis. And by the way, I really want to move, as you say, our day- to-day IT operations to that model. Mr. Farenthold. You have got a four-year lifespan, four to eight year lifespan on a PC depending on how techie you are. Mr. Spires. Well, we struggle, we have old gear because we do not have the capital to replace it. So, I want to move out of that model into a consumption-based model where it is then in the service agreement to replace that and keep that gear current where we are paying on a monthly basis. Mr. Farenthold. All right, and Ms. Chaplain, you talked about strategic sourcing. I see two issues there as we do these types of contracts. Do we not keep up enough with technology and do we cut out vendors. I mean, do we get, you know, Dell, HP or Apple, those are your choices, and do we cut out other folks? Ms. Chaplain. In the Strategic Sourcing Initiatives that have been done to date, we found that we can include small businesses and a wide variety of companies, not just the Dells and people like that. They had one on office supplies where 13 of the 15, or a good majority of the contracts, went to small businesses. Mr. Farenthold. Okay, let me go back to Mr. Spires. I'm sorry I'm bouncing all over. I have a lot of questions. We talked about, I want to talk a second about open standards in API. I think one of our big problems is one Government computer does not talk to another Government computer. And we are seeing in the VA, even though they are doing a massive technology project right now, getting information from DOD and people coming out into the VA is resulting in year-long delays at times getting benefits. Do you think there is an opportunity there? It seems like, to me, like the internet, which was actually kind of developed at our expense through RFC open source, not so much open source but open standards, is that something we can replicate throughout the Government? Mr. Spires. We are in a number of ways. I mean, under the digital government strategy being driven by OMB, I mean, there is a whole area there about how do you build APIs to be able to access data. Another example of this is the National Information Exchange Model which is used for exchanging data for law enforcement, for first responders, for many other uses, between ourselves as a Federal Government and the State and local governments. Mr. Farenthold. Do you think it is reasonably doable to come up with some API standards for Federal Government websites so advocacy organizations can, and the public, can aggregate data? Do you think that is doable? Mr. Spires. That is part of the initiative under the digital Government strategy. Mr. Farenthold. All right. And let me go, you talk about bailing out of failed projects and I hate to pick on Homeland Security but we look no further than the back scanners that TSA has and TWIC cards. How do we encourage folks to fix those problems before we keep throwing good money after bad? Mr. Spires. Well, I come back, sir, to this whole notion of increasing the capability of our program management workforce, part of the acquisition workforce. We need to do that and we need to give programs help. One of the things we have done at DHS, I will just be quick, is we have instituted a more aggressive oversight model so that the right stakeholders are meeting with the program management team on a monthly, or every other month, basis to make sure that things are being dealt with. Mr. Farenthold. All right, great. My last comment is to Mr. Misener. Would you do me a favor and talk to GSA and see if you can use some of the Amazon technology to update their website. I try to buy stuff for my office off the GSA website and I finally just given up. You could certainly save the Government a lot of money. We would appreciate your helping them out. Mr. Misener. I would be happy to. Can they spend OPEX? [Laughter.] Mr. Farenthold. Yeah, right. Thank you very much. And I yield back. Chairman Issa. I believe Mr. Horsford is next for our side. Mr. Horsford. Thank you, Mr. Chairman, and having just visited Switch and Cobalt in Southern Nevada last week, this is a very opportune panel focusing on issues that really are important to streamlining our IT functions. I do find it interesting, though, that technology continues to change rapidly and no provision in any one bill is going to be able to keep up with those changes. And I think we all have to be cognizant and aware of that. My other committee, Mr. Chairman, is the Committee on Homeland Security so I do want to ask a question of Mr. Spires. Because Homeland Security is the third largest Federal agency in the Federal Government, the IT budget is also one of the largest. In Fiscal Year 2012, the Department of Homeland Security's IT budget was approximately $5.6 billion. You are responsible for over 360 IT programs, 83 of which have life cycles, cost estimates of over $50 million or more. So, obviously the size and complexity of what you are responsible for provides us, I think, a great opportunity to support a well planned governing structure that allows you to carry out those functions. Now, we received the GAO high risk report recently. We had a hearing on that in this Committee. And in that report it indicated that in July of 2012 that the governance structure currently covers less than 20 percent, 16 out of 80 of the departments major IT investment, and 3 of its 13 portfolios within the department had not yet finalized the policies and procedures that are necessary. So, I just wanted Mr. Spires, if you could, to comment on that, since that is an area that this Committee is specifically charged with from an oversight role. Mr. Spires. Yes, sir. And in fact this is near and dear to my heart to get this better. When I came on three and one half years ago it was one of the areas where I felt like the governance of our IT was very weak. And so, we have taken it on in two major ways. One, to your point, we are now up to 88 major IT programs from the 83 that you had cited and I, as I said, as I just was reflecting, we need a more active governance model, a better oversight model, on many of these. Now, to scale the 88 programs, many of which, by the way, are in operations and maintenance and we do not need perhaps that level of scrutiny on all programs at the same level, but those 16 programs you alluded to are the ones that I viewed as the highest risk programs in the department, the IT programs, and that is where we have added this additional layer of governance. So, these are Executive Steering Committees where the right executive stakeholders meet on a very regular basis with the program team to address issues, to set direction for them, to give them help. And it has made a meaningful difference in many of these 16 programs. On the portfolio level, we have 13 separate portfolios within the department that are functions. They are not components, they are the functions, they are screening, they are incident response, they are finance, the mission and business of DHS. And we are working feverishly to get, if you will, the right portfolio look and governance around each of those so we can eliminate duplication, and we can streamline processes and we can get the synergies of each of the components across those functional views. So that is what we are working on, sir. Mr. Horsford. And to that point, I would just encourage the department to just continue your effort in working with local and State stakeholders in that regard. I just met with our sheriff in Clark County and, you know, he indicated that in some respects it is very good, in other respects they are not at the table and there are some best practices happening at the local and State level that we should be adopting, not necessarily having a top down approach from the Federal Government. Where are you in the final development or your policies and procedures? Mr. Spires. Those will be finalized within the next month. There is a couple of documents that we still have to sign off that I am reviewing right now, sir. I could be happy to report back to this Committee on that when those are completed. Mr. Horsford. That would be great. Thank you very much for being here. Thank you to all the witnesses. Mr. Duncan. [Presiding] Well, thank you very much. A few weeks ago, at the earlier hearing on this subject, we got into this and our Committee memorandum says at that hearing it was established that despite spending more than $600 billion over the past decade, too often Federal IT budgets run over budget, behind schedule, never deliver on the promised solution or functionality. Now, it was mentioned at that hearing, and I was at that hearing, that we spent $81 billion over the last Fiscal Year and it is going to be a little bit more this Fiscal Year which, interestingly enough, is about identical to the amount of the sequester. I have read and heard that the computers and off shoot products are obsolete as soon as they are taken out of the box. Now, that may be an exaggeration, but apparently our technology is moving so fast that things become obsolete very fast. Now, my wife and I have three cars, two of them have well over 100,000 miles on them, the third one has, I think, 98,000 miles on it, but they are still doing real well. And Mayor Rendell, former Governor of Pennsylvania now, but when he was mayor of Philadelphia, he testified in front of a Congressional Committee and said that one of the main problems in Government is there is no incentive to save money so much of it is squandered. Those were his words. And I noticed, Mr. Soloway that you said what to me, I think, is the key word when you said we have go incentivize people because it seems to all the IT people, since the Federal Government purchases, the money is not coming out of their pocket like it is when I have to buy a new car. They want the latest bells and whistles. They want the most advanced. The want the newest thing. How can we incentivize people to get more use out of the technology that they have and hold onto it and use it one year longer or two years longer, or not only incentivize individuals but incentivize departments and agencies? Because it seems to me that if we do not come up with a way to do that, the spending is going to continue to spiral out of control because I am sure they thought that they were taking care of this problem when the passed the Clinger-Cohen Bill that is mentioned here 16 years ago. Sixteen years from now, is another Congressional committee going to be here facing the same problem except just multiplied many times over? Mr. Soloway. It is a large issue and a large question, Mr. Duncan. Let me take it from the beginning and go back to the beginning of your comments. I think one of the things we have not talked a lot about here is the requirements generation process being so critical to ultimately what the Government buys. And so a lot of that, and I think the governance model that Mr. Spires is talking about will directly and aggressively deal with are the requirements the right requirements, are we structuring them in the right way, are there area in which we do not need to be on the leading edge or even the bleeding edge. We can continue to operate, I mean, we have some systems in Government that are still COBOL-based that might be worth taking a look at. But there is going to be a variety of need and, as you said, it is not automatic that I need to go for every bell and whistle. That said, I think again that it gets back to the development of the workforce and of the program management structure and teams. What is celebrated? We do not celebrate acquisition success. We hammer people for failure, we do not celebrate success. I think that there are a lot of things you could do to balance this out. But again, I think it ultimately comes back to how we develop and prepare our workforces and empower them because I think they are generally highly responsive and responsible and are not looking to spend money they do not have to. Mr. Duncan. All right. Anybody else want to say anything? Yes, madam. Ms. Chaplain. The bill does talk about having to have a business case to justify some of the larger purchases and that is a good place where you could be asking those questions, do we need to move to something new, what is the cost and benefit of that versus staying with the legacy. Mr. Duncan. Well, it seems to me the Chairman is trying to move in the right direction, trying to do something about this problem in his bill and giving the CIOs more flexibility or more power and along with that would hopefully have to come more accountability. So, maybe we can make some progress. Mr. Pocan? Mr. Pocan. Thank you, Mr. Chairman. I would like to yield my time to Mr. Connolly please. Mr. Connolly. I thank my colleague. I have two more questions, if I might, of first Mr. Gordon. There have been concerns raised by some of the industry groups with respect to the draft legislation on the provision calling for the transparency of blanket purchase agreements. Specifically, the concern is that the final negotiated price for a purchase agreement is often proprietary and exposing it would weaken a company's bargaining power. Your take on that? Mr. Gordon. Sir, I was raised to understand that public contracts were public documents and I find it baffling that a company would claim that the price it is charging a Federal agency for a good or service for that matter would be proprietary. In any event, we need transparency across BPAs. Again and again, when I worked at OMB, I discovered that one agency, when it was negotiating a blanket purchase agreement which is typically under the GSA Federal Supply Schedule, had no idea that another agency had already negotiated with the same vendor for the same product but, of course, at a different price. The vendors know how much they are charging different agencies. I do not understand why the Federal Government is not sharing that information. Today, it should be readily available for Federal purchasers. I think it is an excellent idea in this bill. Mr. Connolly. Mr. Soloway or Mr. Misener, any industry reaction to that? Mr. Soloway. I think the caution I would offer here is that there is a difference between price and cost and I think it is one thing to have public disclosure of a public contract, what the Government is paying, but the underlying elements and cost elements are highly proprietary and I think that that is an area where we would have to protect against the inappropriate sharing of information. The second piece is, if you are dealing with a commercial contract and it is fixed price, the only thing that matters is the ultimate price that you pay. You say I am paying X dollars for this per minute or per hour and I am done the hours. But divulging my labor rates, specifically how I characterize them, or my other costs I think would cross the line. Mr. Connolly. Okay. Final question. We have been talking about workforce development. And it has always bothered me as well that in addition to the reasons you gave rather passionately, Mr. Gordon, and I could not agree with you more, disparaging the workforce does not get you skilled workers, especially when we look to the next generation of skilled workers let alone retaining them. But what about training? I note a huge imbalance in terms of the resources, for example, put into the Defense Acquisition University and the resources put into the Federal Acquisition Institute. I mean, it is night and day. And I wonder if you would comment on that. Could the Federal Acquisition Institute, with some beefing up, help us? Because right now a lot of those are in fact online courses but they are refresher courses. They do not solve the underlying problem of do we have the requisite skill set to manage large systems integration contracts. And it seems to me the Pentagon is doing a much better job of that because it puts serious resources into it. Maybe, Mr. Spires, you could begin commenting on that because you are on the civilian side. Mr. Spires. Sure, I am. Yes, I would agree that we need to beef up our training capabilities. But we also need to marry that with something that Mr. Soloway mentioned. We need to have a career track for these kinds of professionals on the program management side. And that is more than just training. That is mentoring, that it bringing th em along on smaller programs and then building until they are taking on these large programs. Because there is nothing that beats experience in actually delivering these kinds of large complex IT programs. Mr. Connolly. Mr. Soloway. Mr. Soloway. Yes, I would caution, I think your point it well taken. I would caution the linear connection. In the Defense Department, the acquisition workforce is much more broadly defined than it is in the civilian space. I had that responsibility when I was in the Pentagon. There are far more career categories and fields that are considered a part of the acquisition workforce. So, it is a much larger entity. It is about 175,000 or so people. Maybe 150,000. In the civilian agency traditionally the acquisition community has been contracting officers and contracting officers' technical representatives and limited to that. So, you may only have one-quarter or maybe even one-fifth or even less numerically so that the numbers are not a linear connection. That said, to Mr. Spires' point, one is beefing up the definition and the skill sets around Acquisition with a capital A which involves all of the program management skills and so forth, marrying that with the technology requirements and really defining career categories and training and development opportunities that are contemporary and reflect the need of the Government in terms of what it is buying, not the need of the Government as to what it used to buy. Mr. Connolly. And if the Chair would just allow Mr. Gordon, who is seeking recognition, and I thank the Chair for its indulgence. Mr. Gordon. Thank you. Very briefly, I very much agree. As you know, Congressman Connolly, there has been strengthening on the civilian side at the Federal Acquisition Institute. There is more work to be done. One quick point may be worth mentioning. It is a nice example. One of the problems that we often see is poor requirements put in the solicitation initially which causes problems the whole length of the contract. When I used to ask contracting officers, what is causing this, the answer I often got was oh, well we were afraid to talk to industry when we were writing the solicitation initially. One of the things I always push for, and I am glad the Administration is continuing to push, is what we call the Myth Busters Campaign, to improve communication between industry and Government, it reinforces Government people's understanding that it is okay to talk to industry early on a solicitation. If there were a way to get that into the bill, it might actually be a helpful message. Chairman Issa. Excellent. And I would like to do a quick second round because I have heard a lot of things that were particularly of interest to me. Mr. Soloway, when you were asked about essentially making public costs/price, you made a good point which was that there is only so much information that is helpful and at some point it becomes proprietary. I am assuming you were only answering as the to the public that in a reform, if anybody who is part of us, the Federal Government, wants to know what us, the Federal Government is paying for something, they should have a level of transparency to get that, either online or through a briefing structure. In other words, you would not support any closure of Mr. Spires and six other counterparts in other agencies having full access so they could be the smartest buyer. In other words, if you bid higher at the next, or Mr. Misener's bids higher at the next contract bid, that would be known to Government that somehow your price had risen rather than fallen. Is that a fair statement? Mr. Soloway. I think that it is the top line price that I am buying. My contract with Amazon is for X dollars, that is going to be public, I do not have any problem with that. Chairman Issa. No, actually what I am saying more specifically, and I am going to go to Mr. Spires in a second and Mr. Misener, this bill envisions that the Federal Government is a single entity. We do not buy that way now. We buy as though we are different companies and we pay different prices and actually we redundantly end up buying excess licenses, which is another factor that we know is low-hanging fruit to save money, at least if the price of a pro license does not change. My question to you is, do you agree with one of the premises of the IT reform which is that the Federal Government is a single entity, therefore any piece of information, let us just call it the explanation of how a price was reached on a contract, should be available to that entity in any and all parts internally looking, the Federal Government has a right to know. Mr. Spires should never go out for a bid with a company and not know what they charge for a similar product at a previous quote. Mr. Soloway. With your permission, I would like to take part of that under advisement and come back with a written response for the record because I think there are several elements to this that I think we need to think through. Chairman Issa. Okay, because this is a value of the IT reform that we have had over 20 major entities, including yours, make comments on. I do not want it to be a secret that my view is some of the savings is by the Government considering itself a single entity for the first time. Mr. Soloway. Right, and I think to a significant extent we would agree with you. But I think there are going to be limitations that we would like to think through and how to define them best so I do not misstate anything here. I would make one comment, though, at this point on that question. We hear this question a lot with the issue of strategic sourcing. A lot of discussion about well, I brought this solution but I am paying x dollars an hour for this kind of engineer from a company but why for that same engineer in another contract and I think this is part and parcel of really defining the whole concept of what strategic sourcing is and what its objective is. In some cases, it strictly is an effort to use bulk buying to get costs down. In other cases, it is truly to be strategic in how I source things but recognizing the driving price is not the only issue. If I am dealing with cloud services, the kind of work that Amazon does, it is a little bit cleaner and clearer than if I am dealing with a complex integrated solution. So, if you do not mind, I would like to take that question over the record. Chairman Issa. And Mr. Gordon, you are, as Mr. Connolly noticed, is eager to answer also. Mr. Gordon. Yes, sir. Thank you, Mr. Chairman. I enthusiastically endorse the view that you are setting out. Let me give you a couple of points along those lines. The fact is, when the Government buys, if it is a big agency like the Department of Homeland Security, it is really important to do, to make those decisions across the entire department and, as much as possible, we should be making our decisions across the entire Federal Government. That is why I so much support the idea of BPA transparency. I want to point out that my former and wonderful colleagues at GAO, in the high risk report that came before this Committee recently, they did something very unusual. They took something off the high risk list and it is really relevant to this bill. They took interagency contracting management off the high risk list because the Executive Branch had worked to improve it and frankly leaving it on the high risk sent a message to agencies, oh, interagency contracting is bad. In my opinion, interagency contracting, when managed properly, is a very good thing, fully consistent with your draft bill. Chairman Issa. Ms. Chaplain, this goes right squarely into what you look at every day, that much of the savings is through interagency activities and finding the most qualified prime and then being able to tag onto that. Ms. Chaplain. Yes, and I completely agree with the notion that the Government should be acting, where possible, as a single buyer. Also, with regard to strategic sourcing, you cannot put everything in one bucket. Not everything is a commodity. There are more complex requirements and there are scenarios where there are fewer suppliers and you have a very specialized thing you are after. But in those cases, the best practice companies we have studied tailor their tactics, too. They look at cost drivers, they develop new suppliers, they prioritize with suppliers. So, there are different things you can do beyond just the basic strategic sourcing when you get to these more complex types of products. Chairman Issa. We are going to get to Mr. Misener, but Mr. Spires, I am going to give you a tangential question to what we have already been talking about. You are a sophisticated manager of these kinds of things and DHS, I am presuming routinely in your council, deals with, hey, we are buying something similar to just like, and therefore you begin to say why can we not buy just like for the same price. And you go out, in a sense, with that concept often, don't you? Mr. Spires. Yes, we do. And we have had a very aggressive strategic sourcing internal effort, working with our Chief Procurement Office. And I agree, we need to do more of this across the Federal Government in IT. There are many things that do not lend themselves to strategic sourcing. But there are many things that we buy that do, billions of dollars worth, within DHS alone that I think would be, we would offer up as to try to be a part of strategic sourcing for the whole Federal Government. Chairman Issa. Mr. Misener, I said I would get back to you. Mr. Misener. Thank you, Mr. Chairman. Just to add that we would greatly appreciate the clarity Government-wide that your bill would bring. And so, we focused on cloud computing, that it what we are expert in. I will note that we have dropped our prices two dozen times since we began in 2006. Chairman Issa. I might note that I am familiar somewhat with Amazon in the private sector. You dropped prices, for some reasons, even while you are under contract with somebody for a two-year period. That has befuddled people who have observed it. I do not believe that happens in a Government contract at this time, but if it does, I am pleased. Mr. Misener. Well, we have, and will continue to, drive our prices down, greater efficiencies and economy of skills. I think one thing that would be helpful, if I may, is to recognize that our cloud computing business, we report in our finances as part of a category we call other and that obviously includes other things. Chairman Issa. I was on the board of a public company. I understand why you throw things into other rather than letting people see what is growing and not growing if you can help it. There are a couple of CFOs behind you laughing right now. Mr. Misener. That other category had revenues of about $2.5 billion. Chairman Issa. So it was peanuts really. Mr. Misener. Well, it was out of $60 billion for the whole company. Chairman Issa. I always wanted to say that about $2.5 billion. [Laughter.] Mr. Misener. In a sense, if my math is right, that is less than 5 percent. Now, obviously we are very happy with the business and how it is going and how we are able to serve as customers, both private and in Government side, but something important to recognize is that $2.5 billion is an interesting calibration within our company. But the most important point that I want to make on that is that the other $57.5 billion is supported by the cloud. We have entrusted that business to the cloud. We have put our legacy and our core retail business on cloud because we really believe in it. So we are enthusiastic supporters, unabashedly so, but not just as providers of the service, we are also users of the service. Chairman Issa. Okay, I have one final question, with the ranking member's indulgence. GAO reports in 2011 the Government had funded 622 separate human resource systems and 580 financial management systems, and 777, lucky triple 7, supply chain management systems. Now, I have dollar figures and all that. But let me just ask a fundamental question and some of it will go to GAO but some of it maybe goes to Mr. Soloway and so on, when you have this many systems, even if you bought every one of them right, and even if every one of them did their job perfectly, you go to big picture because they were separate, what we use to call WYSIWYG, you know what you see is what you get kind of a term, if you go to train, if you go to have somebody go from Department of Homeland Security to Department of Defense, they are inherently going to a different system they have to learn over again. Is it not one of the goals that we should have in IT reform to make the portability of the employee, the expertise transferable to the broadest extent possible whether it is in payroll, in purchasing, or in fact, in any other system, so that the training cycle goes way down because more and more people can have on their resume I know how to use the Federal procurement system and it is one system even if the parts they are looking at are different for a different part. Is that not one of the biggest goals that IT should have, is to drive down the training costs by driving up the common interface, user interface, that people train? And I will start with Ms. Chaplain. Ms. Chaplain. Generally, the more that you can standardize your requirements and make things more alike, you are driving down the costs just by its nature. And then if you get to a point where they can be sort of in the same category or just the same, that is where you can bring in more strategic sourcing techniques. So, it should be done, not just from a workforce side but a cost side, too. Chairman Issa. Mr. Soloway. Mr. Soloway. Yes, I think that is absolutely true. That is clearly a goal of technology, it is an initiative that has, fits and starts if you will, across Government over the years, the lines of business initiatives and shared services initiatives and other work that is being done, but there is no question that should be an objective, to harmonize these systems to the maximum extent possible. We see this in other non-technology way with security clearances where they are different for every agency and I have a clearance at Justice but it is not even usable in the FBI. I mean, you see all kinds of disconnects, but I think you are absolutely correct. Chairman Issa. And Mr. Connolly, do you have any closing remarks? Mr. Connolly. No, Mr. Chairman, I just want to thank you for the hearing. I think this has been very, very thoughtful. I really appreciate all of the testimony and I think it is going to help us in the drafting of our bill. And again, I thank the Chair for reaching out and I want to commend his staff who have been wonderful to work with. We really appreciate the collaboration. Chairman Issa. Thank you. And with that, I would like to announce that our goal on the Committee is to bring to a published bill by the time we leave for the spring recess which is later in March. So, less than about three weeks until we expect to turn it into a published bill from which we will begin the process of further proposing mark-ups. And I do that because I would like both people on the outside and, quite frankly, all of staff and members to be aware that we think we have gone far enough that we should be able to put it into a bill that will not be perfect but at least will be modestly amendable with some help. I want to thank all of you for comments. I am going to leave this hearing's notes open for all of you for five business days, giving you an opportunity to come back, Mr. Soloway and others, with the ideas and answers that may not have been able to be done live here today. And with that, we stand adjourned. [Whereupon, at 11:40 a.m., the committee was adjourned.] APPENDIX ---------- Material Submitted for the Hearing Record [GRAPHIC] [TIFF OMITTED] 82274.045 [GRAPHIC] [TIFF OMITTED] 82274.046 [GRAPHIC] [TIFF OMITTED] 82274.047 [GRAPHIC] [TIFF OMITTED] 82274.048 [GRAPHIC] [TIFF OMITTED] 82274.049 [GRAPHIC] [TIFF OMITTED] 82274.050 [GRAPHIC] [TIFF OMITTED] 82274.051 [GRAPHIC] [TIFF OMITTED] 82274.052 [GRAPHIC] [TIFF OMITTED] 82274.053 [GRAPHIC] [TIFF OMITTED] 82274.054 [GRAPHIC] [TIFF OMITTED] 82274.055 [GRAPHIC] [TIFF OMITTED] 82274.056 [GRAPHIC] [TIFF OMITTED] 82274.057