TITLE 41—PUBLIC CONTRACTS
This title was enacted by Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3677
Title 41 Former Sections | Title 41 New Sections |
---|---|
1 to 4a | (Previously repealed) |
5, 5a | 6101 |
6 | (Previously repealed) |
6a(a) | 6102 |
6a(b) to (e) | (Previously repealed) |
6a(f) | 6102 |
6a(g) | (Previously repealed) |
6a(h) | 6102 |
6a(i) | (Previously repealed) |
6a(j) | 6102 |
6a(k) to (n) | (Previously repealed) |
6a(o) | (Omitted) |
6a(p) | (Previously repealed) |
6a–1 | 6102 |
6a–2 | T. 2 §1816b |
6a–3, 6a–4 | 6102 |
6b(a), (b) | Rep. |
6b(c) | T. 25 §903g |
6b(d) | 6102 |
6b(e) | Rep. |
6c to 6jj | (Previously repealed) |
6kk | Rep. |
6ll | (Previously repealed) |
6mm | (Previously transferred to T. 41 §6b(d) prior to repeal) |
7 to 7d | (Previously repealed) |
8 | 6103 |
9 | (Previously repealed) |
10 | Rep. |
10a | 8302 |
10b | 8303 |
10b–1 | (Previously omitted) |
10b–2 | 8304 |
10b–3 | 8305 |
10c | 8301 |
10d | 8303 |
11, 11a, 12, 13 | 6301 to 6304 |
13a | (Previously repealed) |
14 | 6301 |
15 | 6305 |
16 | (Previously repealed) |
16a to 16d | Rep. |
17 to 21 | (Previously repealed) |
22 to 24 | 6306 to 6308 |
24a | Rep. |
25 to 27 | (Previously repealed) |
28 to 34 | Rep. |
35 (matter before subsec. (a) less words related to definition of "agency of the United States") | 6502 |
35 (matter before subsec. (a) related to definition of "agency of the United States") | 6501 |
35(a) to (d) | 6502 |
36 | 6503 |
37 | 6504 |
38 to 40 | 6506 to 6508 |
41 | 6501 |
42 | 6511 |
43 | 6505 |
43a(a) | 6509 |
43a(b) (1st sentence) | 6507 |
43a(b) (last sentence), (c) | 6509 |
43b | 6510 |
44 | Rep. |
45 | 6502 |
46 to 48 | 8502 to 8504 |
48a | 8505 |
48b | 8501 |
48c | 8506 |
49, 50 | 6309 |
51 | Rep. |
52 | 8701 |
53 | 8702 |
54 | 8707 |
55 | 8706 |
56 | 8705 |
57 | 8703 |
58 | 8704 |
101, 102(a) | Rep. |
102(b) | (Previously repealed) |
103 | Rep. |
104(a) | (Previously repealed) |
104(b) to 115 | Rep. |
116 | (Previously repealed) |
117, 118(a) | Rep. |
118(b) | (Previously repealed) |
118(c) to 125 | Rep. |
151 to 162 | (Previously repealed) |
201 to 205 | (Previously transferred to T. 40 §§471 to 475 prior to repeal) |
211 to 213 | (Previously transferred to T. 40 §§751 to 753 prior to repeal) |
214 | (Previously transferred to T. 44 §391 prior to repeal) |
215 | (Previously transferred to T. 5 §630c prior to repeal) |
216 | (Previously transferred to T. 5 §630d and T. 40 §754 prior to repeal) |
217 | (Previously transferred to T. 5 §630e and T. 40 §755 prior to repeal) |
218 | (Previously transferred to T. 5 §630f prior to repeal) |
219 | (Previously transferred to T. 5 §630g and T. 40 §756 prior to repeal) |
231 to 237 | (Previously transferred to T. 40 §§481 to 488 prior to repeal) |
238 | (Previously transferred to T. 5 §630h and T. 40 §758 prior to repeal) |
239 to 240 | (Previously transferred to T. 40 §§489 to 492 prior to repeal) |
251 | Rep. |
251 note (Pub. L. 110–252, §§6102, 6103) | 3509 |
251 note (Pub. L. 110–417, §867) | 4711 |
252(a) | 3101 |
252(b) | 3104 |
252(c)(1) | 3106 |
252(c)(2) | 3301 |
252a, 252b | 3101 |
252c | 4709 |
253(a) | 3301 |
253(b) | 3303 |
253(c) to (f) | 3304 |
253(g) | 3305 |
253(h) | 3301 |
253(i) | 3105 |
253(j) | 3304 |
253a | 3306 |
253a note (Pub. L. 108–136, §1428) | 3306 |
253b(a), (b) | 3701 |
253b(c) to (f) | 3702 to 3705 |
253b(g) (related to 41:253b(e)) | 3704 |
253b(g) (related to 41:253b(f)) | 3705 |
253b(h) | 3706 |
253b(i) | 3707 |
253b(j) | 3308 |
253b(k), (l) | 3708 |
253b(m) | 4702 |
253c | 3311 |
253d | 4703 |
253e | (Previously repealed) |
253f | 3310 |
253g | 4704 |
253h | 4103 |
253h note (Pub. L. 103–355, §1054(b)) | 4102 |
253h note (Pub. L. 106–65, §804) | 4104 |
253h note (Pub. L. 110–417, §863(a)–(e)) | 3302 |
253i | 4105 |
253j | 4106 |
253k | 4101 |
253l | 3902 |
253l–1 to 253l–8 | 3904 |
253m | 3309 |
254(a) | 3901 |
254(b) | 3905 |
254 note (Pub. L. 110–417, §864(a), (b), (d), (e), (f)(2), (g)) | 3906 |
254a | 4708 |
254b(a) to (g) | 3502 to 3508 |
254b(h) | 3501 |
254b note (Pub. L. 110–417, §866) | 4710 |
254b note (Pub. L. 110–417, §868) | 3501 |
254c | 3903 |
254d | 4706 |
255(a) | 4501 |
255(b), (c) | 4502 |
255(d) to (g) | 4503 to 4506 |
256(a) to (d) | 4303 |
256(e) to (k) | 4304 to 4310 |
256(l)(1) | 4301 |
256(l)(2) | 4302 |
256(m) | 4301 |
256a | 4707 |
257 | 4701 |
258 | (Previously repealed) |
259(a) | 151 |
259(b) | 152 |
259(c)(1) | 111 |
259(c)(2) | 112 |
259(c)(3) | 114 |
259(c)(4) | 107 |
259(c)(5) | 113 |
259(c)(6) | 116 |
259(c)(7) | 109 |
259(c)(8), (9) | 108 |
259(c)(10) | 115 |
259(c)(11) | 103 |
259(c)(12) | 110 |
259(c)(13) | 102 |
259(c)(14) | 105 |
259(d) | 153 |
259(e) | 106 |
260 | 3101 |
261 | 3102 |
262 | 4701 |
263 | 3103 |
264 | 3307 |
264 note (Pub. L. 103–355, §8002) | 3307 |
264a ("commercial item") | 103 |
264a ("nondevelopmental item") | 110 |
264a ("component") | 105 |
264a ("commercial component") | 102 |
264b | 3307 |
265 | 4705 |
266 | 3105 |
266a | 3901 note prec. |
271 to 274 | (Previously transferred to T. 40 §§511 to 514 prior to repeal) |
281 to 291 | (Previously transferred to T. 44 §§392 to 402 prior to repeal) |
321 to 322 | Rep. |
351(a) (words before par. (1) related to applicability) | 6702 |
351(a) (words before par. (1) related to required contract terms), (1) to (5) | 6703 |
351(b) | 6704 |
352 | 6705 |
353 | 6707 |
354(a) | 6706 |
354(b) | 6705 |
355 | 6707 |
356 | 6702 |
357 | 6701 |
358 | 6707 |
401, 402 | (Previously repealed) |
403(1) | 133 |
403(2) | 111 |
403(3) | 112 |
403(4) | 114 |
403(5) | 132 |
403(6) | 107 |
403(7) | 113 |
403(8) | 116 |
403(9) | 109 |
403(10) ("item", "item of supply") | 108 |
403(10) ("supplies") | 115 |
403(11) | 134 |
403(12) | 103 |
403(13) | 110 |
403(14) | 105 |
403(15) | 102 |
403(16) | 131 |
403(17) | 1301 |
404(a) | 1101 |
404(b) | 1102 |
405(a) to (c) | 1121 |
405(d), (e) | 1122 |
405(f) | 1121 |
405(g) | 1122 |
405(h)(1) | 1130 |
405(h)(2) | 2305 |
405(i) | 1125 |
405(j) | 1126 |
405(k) | 1131 |
405 note (Pub. L. 108–136, §1431(b)) | 1129 |
405 note (Pub. L. 110–417, §874(a)) | 2311 |
405a (1st sentence) | 1121 |
405a (last sentence) | 1123 |
405b | 2304 |
405c(a) | 2303 |
405c(b) | 2303 note |
405c(c) | 2303 |
406 | 1701 |
407 | (Previously repealed) |
408 | 1121 |
409 | (Previously repealed) |
410 | 1101 |
411 | 1122 |
412(a) | 2307 |
412(b) | 2306 |
413 | 1124 |
414 | 1702 |
414a | 1706 |
414b(a) to (c) | 1311 |
414b(d), (e) | 1312 |
415 | (Previously repealed) |
416 | 1708 |
417 | 1712 |
417a | 1713 |
417b | 2313 |
418 | 1705 |
418a | 2302 |
418b | 1707 |
419 | 1709 |
420 | (Previously repealed) |
421(a), (b) | 1302 |
421(c) to (f) | 1303 |
422(a) to (e) | 1501 |
422(f) to (h)(1) | 1502 |
422(h)(2) to (4) | 1503 |
422(i) | Rep. |
422(j) to (l) | 1504 to 1506 |
423(a), (b) | 2102 |
423(c) to (e) | 2103 to 2105 |
423(f) | 2101 |
423(g) | 2106 |
423(h) | 2107 |
424 | (Previously repealed) |
425 | 1304 |
426 | 2301 |
426a | (Previously repealed) |
427 | 1901 |
428 | 1902 |
428a | 1903 |
428a note (Pub. L. 108–136, §1441) | 1904 |
429 | 1905 |
430 | 1906 |
431(a), (b) | 1907 |
431(c) | 104 |
431a | 1908 |
431a note (Pub. L. 108–375, §807(c)) | 1908 |
432 | 1711 |
433 | 1703 |
433 notes (Pub. L. 108–136, §§1412(a), 1413) | 1703 |
433 note (Pub. L. 108–136, §1414) | 1128 |
433a | 1704 |
433a note (Pub. L. 110–417, §869) | 1704 |
434 | 2308 |
435 | 1127 |
436 | 2309 |
437 | 2310 |
438 | 7105 |
439 | 1710 |
440 | 2312 |
501 to 509 | (Previously repealed) |
601 | 7101 |
602, 603 | 7102 |
604, 605 | 7103 |
606 | 7104 |
607(a) to (e) | 7105 |
607(f) | 7106 |
607(g) | 7107 |
608 | 7106 |
609(a) | 7104 |
609(b) to (f) | 7107 |
610 | 7105 |
611, 611 note (Pub. L. 102–572, §907(a)(3)) | 7109 |
612 | 7108 |
613 | Rep. |
701 to 705 | 8102 to 8106 |
706, 707 | 8101 |
Enactment of Title 41, United States Code
Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3677, provided that: "Certain general and permanent laws of the United States, related to public contracts, are revised, codified, and enacted as title 41, United States Code, 'Public Contracts', as follows:"
Purpose; Conformity With Original Intent
Pub. L. 111–350, §2, Jan. 4, 2011, 124 Stat. 3677, provided that:
"(a)
"(b)
Transitional and Savings Provisions
Pub. L. 111–350, §6(a)–(e), Jan. 4, 2011, 124 Stat. 3854, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
Repeals
Pub. L. 111–350, §7(b), Jan. 4, 2011, 124 Stat. 3855, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 4, 2011.
Pub. L. 111–350, §7(a), Jan. 4, 2011, 124 Stat. 3855, provided that: "The repeal of a law by this Act [see Tables for classification] may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Subtitle I—Federal Procurement Policy
Division A—General
Division B—Office of Federal Procurement Policy
Division C—Procurement
Amendments
2011—Pub. L. 112–81, div. A, title VIII, §864(b)(2), Dec. 31, 2011, 125 Stat. 1524, added item for chapter 12.
1 So in original. The period probably should not appear.
Division A—General
CHAPTER 1—DEFINITIONS
SUBCHAPTER I—SUBTITLE DEFINITIONS
SUBCHAPTER II—DIVISION B DEFINITIONS
SUBCHAPTER III—DIVISION C DEFINITIONS
SUBCHAPTER I—SUBTITLE DEFINITIONS
§101. Administrator
In this subtitle, the term "Administrator" means the Administrator for Federal Procurement Policy appointed under section 1102 of this title.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3678.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101 | no source. |
Short Title of 2012 Amendment
Pub. L. 112–194, §1, Oct. 5, 2012, 126 Stat. 1445, provided that: "This Act [enacting section 1909 of this title, amending section 2784 of Title 10, Armed Forces, enacting provisions set out as notes under section 1909 of this title and section 5701 of Title 5, Government Organization and Employees, and amending provisions set out as a note under section 5701 of Title 5] may be cited as the 'Government Charge Card Abuse Prevention Act of 2012'."
Short Title of 2008 Act
Pub. L. 110–417, [div. A], title VIII, §861, Oct. 14, 2008, 122 Stat. 4546, provided that: "This subtitle [subtitle G (§§861–874) of title VIII of Pub. L. 110–417, see Tables for classification] may be cited as the 'Clean Contracting Act of 2008'."
Pub. L. 110–252, title VI, §6101, June 30, 2008, 122 Stat. 2386, provided that: "This chapter [chapter 1 (§§6101–6103) of title VI of Pub. L. 110–252, see Tables for classification] may be cited as the 'Close the Contractor Fraud Loophole Act'."
Short Title of 2003 Act
Pub. L. 108–136, div. A, title XIV, §1401, Nov. 24, 2003, 117 Stat. 1663, provided that: "This title [see Tables for classification] may be cited as the 'Services Acquisition Reform Act of 2003'."
Short Title of 1996 Act
Pub. L. 104–106, div. D, §4001, Feb. 10, 1996, 110 Stat. 642, as amended by Pub. L. 104–208, div. A, title I, §101(f) [title VIII, §808(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009-393, provided that: "This division [div. D (§§4001–4402) of Pub. L. 104–106, see Tables for classification] and division E [§§5001–5703 of Pub. L. 104–106, repealed and reenacted, generally, as subtitle III (§11101 et seq.) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, see Tables for complete classification] may be cited as the 'Clinger-Cohen Act of 1996'."
Short Title of 1994 Act
Pub. L. 103–355, §1, Oct. 13, 1994, 108 Stat. 3243, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Acquisition Streamlining Act of 1994'."
Short Title of 1988 Act
Pub. L. 100–679, §1, Nov. 17, 1988, 102 Stat. 4055, provided that: "This Act [see Tables for classification] may be cited as the 'Office of Federal Procurement Policy Act Amendments of 1988'."
Pub. L. 100–418, title VII, §7001, Aug. 23, 1988, 102 Stat. 1545, provided that: "This title [see Tables for classification] may be cited as the 'Buy American Act of 1988'."
Short Title of 1986 Act
Pub. L. 99–634, §1, Nov. 7, 1986, 100 Stat. 3523, provided: "That this Act [see Tables for classification] may be cited as the 'Anti-Kickback Enforcement Act of 1986'."
Short Title of 1984 Act
Pub. L. 98–577, §1, Oct. 30, 1984, 98 Stat. 3066, provided that this Act [see Tables for classification] may be cited as the "Small Business and Federal Procurement Competition Enhancement Act of 1984".
Pub. L. 98–369, div. B, title VII, §2701, July 18, 1984, 98 Stat. 1175, provided that: "This title [see Tables for classification] may be cited as the 'Competition in Contracting Act of 1984'."
Short Title of 1983 Act
Pub. L. 98–191, §1, Dec. 1, 1983, 97 Stat. 1325, provided: "That this Act [see Tables for classification] may be cited as the 'Office of Federal Procurement Policy Act Amendments of 1983'."
Short Title of 1979 Act
Pub. L. 96–83, §1(a), Oct. 10, 1979, 93 Stat. 648, provided that: "This Act [see Tables for classification] may be cited as the 'Office of Federal Procurement Policy Act Amendments of 1979'."
Short Title of 1974 Act
Pub. L. 93–400, §1(a), Aug. 30, 1974, 88 Stat. 796, as amended by Pub. L. 103–355, title X, §10005(a)(1), Oct. 13, 1994, 108 Stat. 3406, provided that: "This Act [see Tables for classification] may be cited as the 'Office of Federal Procurement Policy Act'."
Short Title of 1949 Act
Act June 30, 1949, ch. 288, §1(a), 63 Stat. 377, as amended by Pub. L. 103–355, title X, §10005(a)(2), Oct. 13, 1994, 108 Stat. 3406; Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, §2(b)(1), Dec. 15, 2003, 117 Stat. 2640, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Property and Administrative Services Act of 1949'."
[Pub. L. 107–217, §6(b), which had repealed section 1(a) of act June 30, 1949, set out above, was itself repealed effective Aug. 21, 2002, by Pub. L. 108–178, §2(b)(1), insofar as it related to section 1(a) of act June 30, 1949, and Pub. L. 108–178, §2(b)(1), further provided that section 1(a) of act June 30, 1949, was revived to read as if Pub. L. 107–217, §6(b), had not been enacted.]
Short Title of 1936 Act
Act June 30, 1936, ch. 881, §14, formerly §12, as added by Pub. L. 103–355, title X, §10005(f)(5), Oct. 13, 1994, 108 Stat. 3409; renumbered §14, Pub. L. 104–106, div. D, title XLIII, §4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675, provided that: "This Act [see Tables for classification] may be cited as the 'Walsh-Healey Act'."
Short Title of 1933 Act
Act Mar. 3, 1933, ch. 212, title III, §7, formerly §5, as added by Pub. L. 103–355, title X, §10005(f)(4), Oct. 13, 1994, 108 Stat. 3409; renumbered §7 and amended by Pub. L. 104–106, div. D, title XLIII, §4321(a)(11), Feb. 10, 1996, 110 Stat. 671, provided that: "This title [see Tables for classification] may be cited as the 'Buy American Act'."
§102. Commercial component
In this subtitle, the term "commercial component" means a component that is a commercial item.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3678.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102 | 41:259(c)(13). | June 30, 1949, ch. 288, title III, §309(c)(13), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:264a ("commercial component"). | June 30, 1949, ch. 288, title III, §314A ("commercial component"), as added Pub. L. 103–355, title VIII, §8202, Oct. 13, 1994, 108 Stat. 3394. | |
41:403(15). | Pub. L. 93–400, §4(15), as added Pub. L. 103–355, title VIII, §8001(a), Oct. 13, 1994, 108 Stat. 3386. |
§103. Commercial item
In this subtitle, the term "commercial item" means—
(1) an item, other than real property, that—
(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public;
(2) an item that—
(A) evolved from an item described in paragraph (1) through advances in technology or performance; and
(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation;
(3) an item that would satisfy the criteria in paragraph (1) or (2) were it not for—
(A) modifications of a type customarily available in the commercial marketplace; or
(B) minor modifications made to meet Federal Government requirements;
(4) any combination of items meeting the requirements of paragraph (1), (2), (3), or (5) that are of a type customarily combined and sold in combination to the general public;
(5) installation services, maintenance services, repair services, training services, and other services if—
(A) those services are procured for support of an item referred to in paragraph (1), (2), (3), or (4), regardless of whether the services are provided by the same source or at the same time as the item; and
(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
(6) services offered and sold competitively, in substantial quantities, in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions;
(7) any item, combination of items, or service referred to in paragraphs (1) to (6) even though the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or
(8) a nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that the item was developed exclusively at private expense and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3679.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103 | 41:259(c)(11). | June 30, 1949, ch. 288, title III, §309(c)(11), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:264a ("commercial item"). | June 30, 1949, ch. 288, title III, §314A ("commercial item"), as added Pub. L. 103–355, title VIII, §8202, Oct. 13, 1994, 108 Stat. 3394. | |
41:403(12). | Pub. L. 93–400, §4(12), as added Pub. L. 103–355, title VIII, §8001(a), Oct. 13, 1994, 108 Stat. 3385; Pub. L. 104–106, title XLII, §4204, Feb. 10, 1996, 110 Stat. 655; Pub. L. 106–65, title VIII, §805, Oct. 5, 1999, 113 Stat. 705; Pub. L. 108–136, title XIV, §1433, Nov. 24, 2003, 117 Stat. 1673. |
§104. Commercially available off-the-shelf item
In this subtitle, the term "commercially available off-the-shelf item"—
(1) means an item that—
(A) is a commercial item (as described in section 103(1) of this title);
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
(2) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3679.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104 | 41:431(c). | Pub. L. 93–400, §35(c), as added Pub. L. 104–106, title XLII, §4203(a), Feb. 10, 1996, 110 Stat. 655. |
In paragraph (2), the words "section 40102(4) of title 46" are substituted for "section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)" because of section 18(c) of Public Law 109–304 (46 U.S.C. note prec. 101).
§105. Component
In this subtitle, the term "component" means an item supplied to the Federal Government as part of an end item or of another component.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
105 | 41:259(c)(14). | June 30, 1949, ch. 288, title III, §309(c)(14), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:264a ("component"). | June 30, 1949, ch. 288, title III, §314A ("component"), as added Pub. L. 103–355, title VIII, §8202, Oct. 13, 1994, 108 Stat. 3394. | |
41:403(14). | Pub. L. 93–400, §4(14), as added Pub. L. 103–355, title VIII, §8001(a), Oct. 13, 1994, 108 Stat. 3386. |
§106. Federal Acquisition Regulation
In this subtitle, the term "Federal Acquisition Regulation" means the regulation issued under section 1303(a)(1) of this title.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
106 | 41:259(e). | June 30, 1949, ch. 288, title III, §309(e), as added Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
The defined term is made applicable to the subtitle because of the numerous references throughout the Office of Federal Procurement Policy Act (Public Law 93–400, 88 Stat. 796), restated in division B of this subtitle, and especially because of sections 6(a) and 25(c) of the Act, restated in sections 1121 and 1303, respectively.
§107. Full and open competition
In this subtitle, the term "full and open competition", when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
107 | 41:259(c)(4). | June 30, 1949, ch. 288, title III, §309(c)(4), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(6). | Pub. L. 93–400, §4(6), formerly §4(7), as added Pub. L. 98–369, title VII, §2731(3), July 18, 1984, 98 Stat. 1195; Pub. L. 98–577, title I, §102(1), Oct. 30, 1984, 98 Stat. 3067; redesignated as §4(6), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§108. Item and item of supply
In this subtitle, the terms "item" and "item of supply"—
(1) mean an individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the system, including spare parts and replenishment spare parts; but
(2) do not include packaging or labeling associated with shipment or identification of an item.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
108 | 41:259(c)(8), (9). | June 30, 1949, ch. 288, title III, §309(c)(8), (9), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(10) ("item", "item of supply"). | Pub. L. 93–400, §4(10) ("item", "item of supply"), formerly §4(11), as added Pub. L. 98–577, title I, §102(3), Oct. 30, 1984, 98 Stat. 3067; redesignated as §4(10), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1), (2), (4), Oct. 13, 1994, 108 Stat. 3386. |
§109. Major system
(a)
(b)
(1) the Department of Defense is responsible for the system and the total expenditures for research, development, testing, and evaluation for the system are estimated to exceed $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement exceeds $300,000,000 (based on fiscal year 1980 constant dollars);
(2) a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed the greater of $750,000 (based on fiscal year 1980 constant dollars) or the dollar threshold for a major system established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled "Major Systems Acquisitions"; or
(3) the head of the agency responsible for the system designates the system a major system.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
109 | 41:259(c)(7). | June 30, 1949, ch. 288, title III, §309(c)(7), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(9). | Pub. L. 93–400, §4(9), formerly §4(10), as added Pub. L. 98–577, title I, §102(3), Oct. 30, 1984, 98 Stat. 3067; redesignated as §4(9), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§110. Nondevelopmental item
In this subtitle, the term "nondevelopmental item" means—
(1) a commercial item;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
110 | 41:259(c)(12). | June 30, 1949, ch. 288, title III, §309(c)(12), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:264a ("nondevelopmental item"). | June 30, 1949, ch. 288, title III, §314A ("nondevelopmental item"), as added Pub. L. 103–355, title VIII, §8202, Oct. 13, 1994, 108 Stat. 3394. | |
41:403(13). | Pub. L. 93–400, §4(13), as added Pub. L. 103–355, title VIII, §8001(a), Oct. 13, 1994, 108 Stat. 3385. |
§111. Procurement
In this subtitle, the term "procurement" includes all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3681.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
111 | 41:259(c)(1). | June 30, 1949, ch. 288, title III, §309(c)(1), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3298. |
41:403(2). | Pub. L. 93–400, §4(2), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, §3, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, §4, Dec. 1, 1983, 97 Stat. 1326; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§112. Procurement system
In this subtitle, the term "procurement system" means the integration of the procurement process, the professional development of procurement personnel, and the management structure for carrying out the procurement function.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3681.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
112 | 41:259(c)(2). | June 30, 1949, ch. 288, title III, §309(c)(2), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(3). | Pub. L. 93–400, §4(3), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, §3, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, §4, Dec. 1, 1983, 97 Stat. 1326; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§113. Responsible source
In this subtitle, the term "responsible source" means a prospective contractor that—
(1) has adequate financial resources to perform the contract or the ability to obtain those resources;
(2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments;
(3) has a satisfactory performance record;
(4) has a satisfactory record of integrity and business ethics;
(5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills;
(6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and
(7) is otherwise qualified and eligible to receive an award under applicable laws and regulations.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3681.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
113 | 41:259(c)(5). | June 30, 1949, ch. 288, title III, §309(c)(5), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(7). | Pub. L. 93–400, §4(7), formerly §4(8), as added Pub. L. 98–369, title VII, §2731(3), July 18, 1984, 98 Stat. 1195; Pub. L. 98–577, title I, §102(2), Oct. 30, 1984, 98 Stat. 3067; redesignated as §4(7), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§114. Standards
In this subtitle, the term "standards" means the criteria for determining the effectiveness of the procurement system by measuring the performance of the various elements of the system.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3681.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
114 | 41:259(c)(3). | June 30, 1949, ch. 288, title III, §309(c)(3), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(4). | Pub. L. 93–400, §4(4), formerly §4(5), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, §3, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, §4, Dec. 1, 1983, 97 Stat. 1326; Pub. L. 98–369, title VII, §2731(2), July 18, 1984, 98 Stat. 1195; redesignated as §4(4), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1), (2), (4), Oct. 13, 1994, 108 Stat. 3386. |
§115. Supplies
In this subtitle, the term "supplies" has the same meaning as the terms "item" and "item of supply".
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3681.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
115 | 41:259(c)(10). | June 30, 1949, ch. 288, title III, §309(c)(10) ("supplies"), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(10) ("supplies"). | Pub. L. 93–400, §4(10) ("supplies"), formerly §4(11), as added Pub. L. 98–577, title I, §102(3), Oct. 30, 1984, 98 Stat. 3067; redesignated as §4(10), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1), (2), (4), Oct. 13, 1994, 108 Stat. 3386. |
§116. Technical data
In this subtitle, the term "technical data"—
(1) means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency; but
(2) does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3681.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
116 | 41:259(c)(6). | June 30, 1949, ch. 288, title III, §309(c)(6), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, §504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |
41:403(8). | Pub. L. 93–400, §4(8), formerly §4(9), as added Pub. L. 98–577, title I, §102(3), Oct. 30, 1984, 98 Stat. 3067; redesignated as §4(8), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
SUBCHAPTER II—DIVISION B DEFINITIONS
§131. Acquisition
In division B, the term "acquisition"—
(1) means the process of acquiring, with appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; and
(2) includes—
(A) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;
(B) the description of requirements to satisfy agency needs;
(C) solicitation and selection of sources;
(D) award of contracts;
(E) contract performance;
(F) contract financing;
(G) management and measurement of contract performance through final delivery and payment; and
(H) technical and management functions directly related to the process of fulfilling agency requirements by contract.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3682.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
131 | 41:403(16). | Pub. L. 93–400, §4(16), as added Pub. L. 108–136, title XIV, §1411, Nov. 24, 2003, 117 Stat. 1663. |
§132. Competitive procedures
In division B, the term "competitive procedures" means procedures under which an agency enters into a contract pursuant to full and open competition.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3682.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
132 | 41:403(5). | Pub. L. 93–400, §4(5), formerly §4(6), as added Pub. L. 98–369, title VII, §2731(3), July 18, 1984, 98 Stat. 1195; redesignated as §4(5), Pub. L. 100–679, §3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§133. Executive agency
In division B, the term "executive agency" means—
(1) an executive department specified in section 101 of title 5;
(2) a military department specified in section 102 of title 5;
(3) an independent establishment as defined in section 104(1) of title 5; and
(4) a wholly owned Government corporation fully subject to chapter 91 of title 31.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3682.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
133 | 41:403(1). | Pub. L. 93–400, §4(1), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, §3, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, §4, Dec. 1, 1983, 97 Stat. 1326; Pub. L. 103–355, title VIII, §8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |
§134. Simplified acquisition threshold
In division B, the term "simplified acquisition threshold" means $100,000.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3682.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
134 | 41:403(11). | Pub. L. 93–400, §4(11), as added Pub. L. 101–510, title VIII, §806(a)(1), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103–355, title IV, §4001, title VIII, §8001(b)(1), (2), Oct. 13, 1994, 108 Stat. 3338, 3386. |
SUBCHAPTER III—DIVISION C DEFINITIONS
§151. Agency head
In division C, the term "agency head" means the head or any assistant head of an executive agency, and may at the option of the Administrator of General Services include the chief official of any principal organizational unit of the General Services Administration.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3682.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
151 | 41:259(a). | June 30, 1949, ch. 288, title III, §309(a), 63 Stat. 397. |
§152. Competitive procedures
In division C, the term "competitive procedures" means procedures under which an executive agency enters into a contract pursuant to full and open competition. The term also includes—
(1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;
(2) the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of those proposals;
(3) the procedures established by the Administrator of General Services for the multiple awards schedule program of the General Services Administration if—
(A) participation in the program has been open to all responsible sources; and
(B) orders and contracts under those procedures result in the lowest overall cost alternative to meet the needs of the Federal Government;
(4) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for those procurements are permitted to compete; and
(5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of that Act (15 U.S.C. 638).
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3683.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
152 | 41:259(b). | June 30, 1949, ch. 288, §309(b), as added Pub. L. 98–369, title VII, §2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, §504(a)(3), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 105–85, title X, §1073(g)(1), Nov. 18, 1997, 111 Stat. 1906. |
§153. Simplified acquisition threshold for contract in support of humanitarian or peacekeeping operation
(1)
(2)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3683.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
153(1) | 41:259(d)(1). | June 30, 1949, ch. 288, title III, §309(d)(1), as added Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299; Pub. L. 104–201, title VIII, §807(b)(1), (2), Sept. 23, 1996, 110 Stat. 2606. |
153(2) | 41:259(d)(2). | June 30, 1949, ch. 288, title III, §309(d)(2), as added Pub. L. 104–201, title VIII, §807(b)(3), Sept. 23, 1996, 110 Stat. 2606. |
In paragraph (1), the words "a contingency operation or", and the text of 41 U.S.C. 259(d)(2)(A), are omitted because the increased simplified acquisition threshold established under section 32A of the Office of Federal Procurement Policy Act (Public Law 93–400) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation supersedes the threshold established under this section. Section 32A is restated as section 1903 of the revised title.
Division B—Office of Federal Procurement Policy
CHAPTER 11—ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF ADMINISTRATOR
SUBCHAPTER I—GENERAL
SUBCHAPTER II—AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
SUBCHAPTER I—GENERAL
§1101. Office of Federal Procurement Policy
(a)
(b)
(1) provide overall direction of Government-wide procurement policies, regulations, procedures, and forms for executive agencies; and
(2) promote economy, efficiency, and effectiveness in the procurement of property and services by the executive branch of the Federal Government.
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3684.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1101(a), (b) | 41:404(a). | Pub. L. 93–400, §(5)(a), Aug. 30, 1974, 88 Stat. 797; Pub. L. 104–106, title XLIII, §4305(a)(1), Feb. 10, 1996, 110 Stat. 665. |
1101(c) | 41:410. | Pub. L. 93–400, §11, Aug. 30, 1974, 88 Stat. 799; Pub. L. 96–83, §7, Oct. 10, 1979, 93 Stat 651; Pub. L. 98–191, §6, Dec. 1, 1983, 97 Stat 1329; Pub. L. 100–679, §3(b), Nov. 17, 1988, 102 Stat 4056; Pub. L. 104–106, title XLIII, §4305(c)(2), Feb. 10, 1996, 110 Stat. 665. |
Requirements for Use of Appropriations by Executive Agencies for Services by Contract
Pub. L. 102–394, title V, §502, Oct. 6, 1992, 106 Stat. 1825, provided that: "No part of any appropriation contained in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be expended by an executive agency, as referred to in the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 401 et seq.) [see this division (except sections 1123, 2303, 2304, and 2313)], pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with such Act and regulations promulgated thereunder."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–170, title V, §502, Nov. 26, 1991, 105 Stat. 1140.
Pub. L. 101–517, title V, §502, Nov. 5, 1990, 104 Stat. 2221.
Pub. L. 101–166, title V, §502, Nov. 21, 1989, 103 Stat. 1189.
Pub. L. 100–202, §101(h) [title V, §502], Dec. 22, 1987, 101 Stat. 1329–256, 1329-287.
Pub. L. 99–500, §101(i) [H.R. 5233, title V, §502], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(i) [H.R. 5233, title V, §502], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title V, §502, Dec. 12, 1985, 99 Stat. 1132.
Pub. L. 98–619, title V, §502, Nov. 8, 1984, 98 Stat. 3332.
Pub. L. 98–139, title V, §502, Oct. 31, 1983, 97 Stat. 899.
Pub. L. 97–377, title I, §101(e)(1) [title V, §502], Dec. 21, 1982, 96 Stat. 1878, 1904.
§1102. Administrator
(a)
(b)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3684.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1102 | 41:404(b). | Pub. L. 93–400, §(5)(b), Aug. 30, 1974, 88 Stat. 797. |
SUBCHAPTER II—AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
§1121. General authority
(a)
(b)
(c)
(1)
(A) property other than real property in being;
(B) services, including research and development; and
(C) construction, alteration, repair, or maintenance of real property.
(2)
(3)
(d)
(e)
(f)
(1) impair or interfere with the determination by executive agencies of their need for, or their use of, specific property, services, or construction, including particular specifications for the property, services, or construction; or
(2) interfere with the determination by executive agencies of specific actions in the award or administration of procurement contracts.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3684.)
In subsection (c)(2), the text of 41:405a (1st sentence relating to promulgating a single, simplified, uniform Federal procurement regulation) is omitted as superseded by 41:405(a) because of section 11 of the Office of Federal Procurement Policy Act Amendments of 1979 (Public Law 96–83, 93 Stat. 652).
Supersedure of Inconsistent Statutory Provisions
Pub. L. 96–83, §11, Oct. 10, 1979, 93 Stat. 652, provided that: "The provisions of the Act [Pub. L. 93–400, Aug. 30, 1974, 88 Stat. 796, see this division (except sections 1123, 2303, 2304, and 2313)] as amended by this Act [see Short Title of 1979 Act note set out under section 101 of this title] shall supersede the provisions of section 222 of the Act of October 24, 1978, entitled 'An Act to amend the Small Business Act and the Small Business Investment Act of 1958' ([former] 41 U.S.C. 405a) [now 41 U.S.C. 1121(c)(2), 1123] to the extent they are inconsistent therewith."
Federal Support for Enhancement of State and Local Anti-Terrorism Response Capabilities
Pub. L. 108–136, div. A, title VIII, §803, Nov. 24, 2003, 117 Stat. 1541, provided that:
"(a)
"(b)
"(c)
Profit Methodology Study
Pub. L. 100–679, §7, Nov. 17, 1988, 102 Stat. 4068, provided that:
"(a)
"(b)
§1122. Functions
(a)
(1) providing leadership and ensuring action by the executive agencies in establishing, developing, and maintaining the single system of simplified Government-wide procurement regulations and resolving differences among the executive agencies in developing simplified Government-wide procurement regulations, procedures, and forms;
(2) coordinating the development of Government-wide procurement system standards that executive agencies shall implement in their procurement systems;
(3) providing leadership and coordination in formulating the executive branch position on legislation relating to procurement;
(4)(A) providing for and directing the activities of the computer-based Federal Procurement Data System (including recommending to the Administrator of General Services a sufficient budget for those activities), which shall be located in the General Services Administration, in order to adequately collect, develop, and disseminate procurement data; and
(B) ensuring executive agency compliance with the record requirements of section 1712 of this title;
(5) providing for and directing the activities of the Federal Acquisition Institute established under section 1201 of this title, including recommending to the Administrator of General Services a sufficient budget for such activities.1
(6) administering section 1703(a) to (i) of this title;
(7) establishing criteria and procedures to ensure the effective and timely solicitation of the viewpoints of interested parties in the development of procurement policies, regulations, procedures, and forms;
(8) developing standard contract forms and contract language in order to reduce the Federal Government's cost of procuring property and services and the private sector's cost of doing business with the Federal Government;
(9) providing for a Government-wide award to recognize and promote vendor excellence;
(10) providing for a Government-wide award to recognize and promote excellence in officers and employees of the Federal Government serving in procurement-related positions;
(11) developing policies, in consultation with the Administrator of the Small Business Administration, that ensure that small businesses, qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p))), small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women are provided with the maximum practicable opportunities to participate in procurements that are conducted for amounts below the simplified acquisition threshold;
(12) developing policies that will promote achievement of goals for participation by small businesses, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p))), small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women; and
(13) completing action, as appropriate, on the recommendations of the Commission on Government Procurement.
(b)
(1) shall consult with the affected executive agencies, including the Small Business Administration;
(2) with the concurrence of the heads of affected executive agencies, may designate one or more executive agencies to assist in performing those functions; and
(3) may establish advisory committees or other interagency groups to assist in providing for the establishment, development, and maintenance of a single system of simplified Government-wide procurement regulations and to assist in performing any other function the Administrator considers appropriate.
(c)
(1)
(2)
(A)
(B)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3685; Pub. L. 112–81, div. A, title VIII, §864(b)(3), Dec. 31, 2011, 125 Stat. 1524.)
In clause (12), the words "small business concerns owned and controlled by service-disabled veterans" are added to conform to section 15(g)(1) of the Small Business Act (15:644(g)(1)).
Amendments
2011—Subsec. (a)(5). Pub. L. 112–81 amended par. (5) generally. Prior to amendment, par. (5) related to the purposes of the activities of the Federal Acquisition Institute.
Pilot Program To Inventory Cost and Size of Service Contracts
Pub. L. 110–161, div. D, title VII, §748, Dec. 26, 2007, 121 Stat. 2035, provided that: "No later than 180 days after enactment of this Act [Dec. 26, 2007], the Office of Management and Budget shall establish a pilot program to develop and implement an inventory to track the cost and size (in contractor manpower equivalents) of service contracts, particularly with respect to contracts that have been performed poorly by a contractor because of excessive costs or inferior quality, as determined by a contracting officer within the last five years, involve inherently governmental functions, or were undertaken without competition. The pilot program shall be established in at least three Cabinet-level departments, based on varying levels of annual contracting for services, as reported by the Federal Procurement Data System's Federal Procurement Report for fiscal year 2005, including at least one Cabinet-level department that contracts out annually for $10,000,000,000 or more in services, at least one Cabinet-level department that contracts out annually for between $5,000,000,000 and $9,000,000,000 in services, and at least one Cabinet-level department that contracts out annually for under $5,000,000,000 in services."
Reporting of Bundled Contract Opportunities
Pub. L. 105–135, title IV, §414, Dec. 2, 1997, 111 Stat. 2619, provided that:
"(a)
"(b)
Results-Oriented Acquisition Process
Pub. L. 103–355, title V, §5052, Oct. 13, 1994, 108 Stat. 3352, provided that:
"(a)
"(b)
Data Collection Through Federal Procurement Data System
Pub. L. 103–355, title X, §10004, Oct. 13, 1994, 108 Stat. 3405, provided that:
"(a)
"(1) Contract awards made pursuant to competitions conducted pursuant to section 2323 of title 10, United States Code, or section 7102 of the Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, 15 U.S.C. 644 note].
"(2) Awards to business concerns owned and controlled by women.
"(3) Number of offers received in response to a solicitation.
"(4) Task order contracts.
"(5) Contracts for the acquisition of commercial items.
"(b)
1 So in original. The period probably should be a semicolon.
§1123. Small business concerns
In formulating the Federal Acquisition Regulation and procedures to ensure compliance with the Regulation, the Administrator, in consultation with the Small Business Administration, shall—
(1) conduct analyses of the impact on small business concerns resulting from revised procurement regulations; and
(2) incorporate into revised procurement regulations simplified bidding, contract performance, and contract administration procedures for small business concerns.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3687.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1123 | 41:405a (last sentence). | Pub. L. 95–507, title II, §222 (last sentence), Oct. 24, 1978, 92 Stat. 1771. |
§1124. Tests of innovative procurement methods and procedures
(a)
(1) ascertain the need for and specify the objectives of the program;
(2) develop the guidelines and procedures for carrying out the program and the criteria to be used in measuring the success of the program;
(3) evaluate the potential costs and benefits which may be derived from the innovative procurement methods and procedures tested under the program;
(4) select the appropriate executive agencies or components of executive agencies to carry out the program;
(5) specify the categories and types of products or services to be procured under the program; and
(6) develop the methods to be used to analyze the results of the program.
(b)
(c)
(1) a description of the proposed program (including the scope and purpose of the proposed program);
(2) the procedures to be followed in carrying out the proposed program;
(3) the provisions of law affected and the application of any provision of law that must be waived in order to carry out the proposed program; and
(4) the executive agencies involved in carrying out the proposed program.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3688.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1124(a) | 41:413(a) (1st, 2d sentences). | Pub. L. 93–400, §15, as added Pub. L. 98–191, §7, Dec. 1, 1983, 97 Stat. 1329; Pub. L. 104–201, title X, §1074(f)(2), Sept. 23, 1996, 110 Stat. 2661. |
1124(b) | 41:413(a) (last sentence). | |
1124(c) | 41:413(b). |
In subsection (c), the words "Committee on Oversight and Government Reform" are substituted for "Committee on Government Operations" on authority of section 1(a)(6) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(h) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). The words "Committee on Homeland Security and Governmental Affairs" are substituted for "Committee on Governmental Affairs" on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004).
§1125. Recipients of Federal grants or assistance
(a)
(b)
(1) permit the Administrator to authorize procurement or supply support, either directly or indirectly, to a recipient of a Federal grant or assistance; or
(2) authorize action by a recipient contrary to State and local law in the case of a program to provide a Federal grant or assistance to a State or political subdivision.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3688.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1125(a) | 41:405(i)(1). | Pub. L. 93–400, §6(i), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, §4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, §5, Dec. 1, 1983, 97 Stat. 1328. |
1125(b) | 41:405(i)(2). |
§1126. Policy regarding consideration of contractor past performance
(a)
(1) standards for evaluating past performance with respect to cost (when appropriate), schedule, compliance with technical or functional specifications, and other relevant performance factors that facilitate consistent and fair evaluation by all executive agencies;
(2) policies for the collection and maintenance of information on past contract performance that, to the maximum extent practicable, facilitate automated collection, maintenance, and dissemination of information and provide for ease of collection, maintenance, and dissemination of information by other methods, as necessary;
(3) policies for ensuring that—
(A) offerors are afforded an opportunity to submit relevant information on past contract performance, including performance under contracts entered into by the executive agency concerned, other departments and agencies of the Federal Government, agencies of State and local governments, and commercial customers; and
(B) the information submitted by offerors is considered; and
(4) the period for which information on past performance of offerors may be maintained and considered.
(b)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3689.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1126(a) | 41:405(j)(1). | Pub. L. 93–400, §6(j), as added Pub. L. 103–355, title I, §1091(b)(2), Oct. 13, 1994, 108 Stat. 3272. |
1126(b) | 41:405(j)(2). |
Inclusion of Data on Contractor Performance in Past Performance Databases for Executive Agency Source Selection Decisions
Pub. L. 112–239, div. A, title VIII, §853, Jan. 2, 2013, 126 Stat. 1856, provided that:
"(a)
"(1)
"(2)
"(b)
"(1) establish standards for the timeliness and completeness of past performance submissions for purposes of databases described in subsection (a);
"(2) assign responsibility and management accountability for the completeness of past performance submissions for such purposes; and
"(3) ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where such evaluations have been conducted.
"(c)
"(1) That affected contractors are provided, in a timely manner, information on contractor performance to be included in past performance databases in accordance with subsection (a).
"(2) That such contractors are afforded up to 14 calendar days, from the date of delivery of the information provided in accordance with paragraph (1), to submit comments, rebuttals, or additional information pertaining to past performance for inclusion in such databases.
"(3) That agency evaluations of contractor past performance, including any comments, rebuttals, or additional information submitted under paragraph (2), are included in the relevant past performance database not later than the date that is 14 days after the date of delivery of the information provided in accordance with paragraph (1).
"(d)
"(e)
"(1) The extent to which the strategy required by subsection (a) is consistent with the strategy developed by the Under Secretary of Defense for Acquisition, Technology, and Logistics as described in subsection (a)(2).
"(2) The extent to which the actions of the Federal Acquisition Regulatory Council pursuant to this section have otherwise achieved the objectives of this section.
"(f)
"(1) The term 'appropriate committees of Congress' means—
"(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
"(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
"(2) The term 'executive agency' has the meaning given that term in section 133 of title 41, United States Code, except that the term excludes the Department of Defense and the military departments.
"(3) The term 'Federal Acquisition Regulatory Council' means the Federal Acquisition Regulatory Council under section 1302(a) of title 41, United States Code."
Congressional Findings Regarding Consideration of Past Contract Performance
Pub. L. 103–355, title I, §1091(b)(1), Oct. 13, 1994, 108 Stat. 3272, provided that: "Congress makes the following findings:
"(A) Past contract performance of an offeror is one of the relevant factors that a contracting official of an executive agency should consider in awarding a contract.
"(B) It is appropriate for a contracting official to consider past contract performance of an offeror as an indicator of the likelihood that the offeror will successfully perform a contract to be awarded by that official."
§1127. Determining benchmark compensation amount
(a)
(1)
(2)
(3)
(4)
(5)
(A) organized under the laws of a State of the United States, the District of Columbia, Puerto Rico, or a possession of the United States; and
(B) whose voting stock is publicly traded.
(6)
(b)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3689.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1127(a)(1) | 41:435(b). | Pub. L. 93–400, §39, as added Pub. L. 105–85, title VIII, §808(c)(1), Nov. 18, 1997, 111 Stat. 1837; Pub. L. 105–261, title VIII, §804(c)(1), Oct. 17, 1998, 112 Stat. 2083. |
1127(a)(2) | 41:435(c)(3). | |
1127(a)(3) | 41:435(c)(1). | |
1127(a)(4) | 41:435(c)(5). | |
1127(a)(5) | 41:435(c)(4). | |
1127(a)(6) | 41:435(c)(2). | |
1127(b) | 41:435(a). |
Exclusive Applicability of Provisions Limiting Allowability of Compensation for Certain Contractor Personnel
Pub. L. 105–85, div. A, title VIII, §808(f), Nov. 18, 1997, 111 Stat. 1838, provided that: "Notwithstanding any other provision of law, no other limitation in law on the allowability of costs of compensation of senior executives under covered contracts shall apply to such costs of compensation incurred after January 1, 1998."
Definitions for Purposes of Section 808 of Pub. L. 105–85
Pub. L. 105–85, div. A, title VIII, §808(g), Nov. 18, 1997, 111 Stat. 1838, as amended by Pub. L. 105–261, div. A, title VIII, §804(c)(2), Oct. 17, 1998, 112 Stat. 2083, provided that: "In this section [see Tables for classification]:
"(1) The term 'covered contract' has the meaning given such term in section 2324(l) of title 10, United States Code, and section 306(l) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 256(l)) [see 41 U.S.C. 4301].
"(2) The terms 'compensation' and 'senior executives' have the meanings given such terms in section 2324(l) of title 10, United States Code, and section 306(m) of the Federal Property and Administrative Services Act of 1949 [see 41 U.S.C. 4301]."
§1128. Maintaining necessary capability with respect to acquisition of architectural and engineering services
The Administrator, in consultation with the Secretary of Defense, the Administrator of General Services, and the Director of the Office of Personnel Management, shall develop and implement a plan to ensure that the Federal Government maintains the necessary capability with respect to the acquisition of architectural and engineering services to—
(1) ensure that Federal Government employees have the expertise to determine agency requirements for those services;
(2) establish priorities and programs, including acquisition plans;
(3) establish professional standards;
(4) develop scopes of work; and
(5) award and administer contracts for those services.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3690.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1128 | 41:433 note. | Pub. L. 108–136, title XIV, §1414, Nov. 24, 2003, 117 Stat. 1666. |
§1129. Center of excellence in contracting for services
The Administrator shall maintain a center of excellence in contracting for services. The center shall assist the acquisition community by identifying, and serving as a clearinghouse for, best practices in contracting for services in the public and private sectors.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3690.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1129 | 41:405 note. | Pub. L. 108–136, title XIV, §1431(b), Nov. 24, 2003, 117 Stat. 1671. |
The words "Not later than 180 days after the date of the enactment of this Act" are omitted, and the word "maintain" is substituted for "establish", to eliminate obsolete words.
§1130. Effect of division on other law
This division does not impair or affect the authorities or responsibilities relating to the procurement of real property conferred by division C of this subtitle and chapters 1 to 11 of title 40.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3690.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1130 | 41:405(h)(1). | Pub. L. 93–400, §6(h)(1), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, §4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, §5, Dec. 1, 1983, 97 Stat. 1328; Pub. L. 104–106, title LVI, §5607(d), Feb. 10, 1996, 110 Stat. 702. |
§1131. Annual report
The Administrator annually shall submit to Congress an assessment of the progress made in executive agencies in implementing the policy regarding major acquisitions that is stated in section 3103(a) of this title. The Administrator shall use data from existing management systems in making the assessment.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3690.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1131 | 41:405(k). | Pub. L. 93–400, §6(k), as added Pub. L. 103–355, title V, §5051(b), Oct. 13, 1994, 108 Stat. 3351; Pub. L. 105–85, title VIII, §851(b), Nov. 18, 1997, 111 Stat. 1851. |
CHAPTER 12—FEDERAL ACQUISITION INSTITUTE
§1201. Federal Acquisition Institute
(a)
(1) foster and promote the development of a professional acquisition workforce Government-wide;
(2) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies;
(3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees;
(4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge;
(5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields;
(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities;
(7) evaluate the effectiveness of training and career development programs for acquisition personnel;
(8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields;
(9) facilitate, to the extent requested by agencies, interagency intern and training programs;
(10) collaborate with other civilian agency acquisition training programs to leverage training supporting all members of the civilian agency acquisition workforce;
(11) assist civilian agencies with their acquisition and capital planning efforts; and
(12) perform other career management or research functions as directed by the Administrator.
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(A) meets its statutory requirements;
(B) meets the needs of the Federal acquisition workforce;
(C) implements appropriate programs;
(D) coordinates with appropriate organizations and groups that have an impact on the Federal acquisition workforce;
(E) develops and implements plans to meet future challenges of the Federal acquisition workforce; and
(F) works closely with the Defense Acquisition University.
(4)
(d)
(e)
(Added Pub. L. 112–81, div. A, title VIII, §864(b)(1), Dec. 31, 2011, 125 Stat. 1523.)
Construction
Pub. L. 112–81, div. A, title VIII, §864(e), Dec. 31, 2011, 125 Stat. 1525, provided that: "Nothing in this section [enacting this chapter and amending sections 1122, 1703, and 1704 of this title], or the amendments made by this section, shall be construed to preclude the Secretary of Defense from establishing acquisition workforce policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as provided in chapter 87 of title 10, United States Code."
CHAPTER 13—ACQUISITION COUNCILS
SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY COUNCIL
SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL
SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY COUNCIL
§1301. Definition
In this subchapter, the term "Council" means the Federal Acquisition Regulatory Council established under section 1302(a) of this title.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3691.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1301 | 41:403(17). | Pub. L. 93–400, §4(17), as added Pub. L. 108–375, title VIII, §807(b), Oct. 28, 2004, 118 Stat. 2011. |
§1302. Establishment and membership
(a)
(b)
(1)
(A) the Administrator;
(B) the Secretary of Defense;
(C) the Administrator of National Aeronautics and Space; and
(D) the Administrator of General Services.
(2)
(A)
(i) the official assigned by statute with the responsibility for acquisition policy in each of their respective agencies or, in the case of the Secretary of Defense, an official at an organizational level not lower than an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics; or
(ii) if no official of that agency is assigned by statute with the responsibility for acquisition policy for that agency, the official designated pursuant to section 1702(c) of this title.
(B)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3691.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1302(a) | 41:421(a). | Pub. L. 93–400, §25(a), (b), as added Pub. L. 100–679, §4, Nov. 17, 1988, 102 Stat. 4056; Pub. L. 101–510, title VIII, §807, Nov. 5, 1990, 104 Stat. 1593; Pub. L. 104–106, title XLIII, §4322(a)(2), Feb. 10, 1996, 110 Stat. 677. |
1302(b) | 41:421(b). |
In subsection (a), the words "(hereinafter in this section referred to as the 'Council')" are omitted as unnecessary.
In subsection (b)(2)(A)(i), the words "Under Secretary of Defense for Acquisition, Technology, and Logistics" are substituted for "Under Secretary of Defense for Acquisition and Technology" because of section 911(a)(1) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65, 113 Stat. 717, 10 U.S.C. 133 note).
In subsection (b)(2)(A)(ii), the cross-reference to section 16(3) of the Office of Federal Procurement Policy Act (41:414(3)) is treated as a cross-reference to section 16(c) of the Act to reflect the amendment of section 16 by section 1421(a)(1) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136, 117 Stat. 1666).
Status of Director of Defense Procurement
Pub. L. 102–190, div. A, title VIII, §809, Dec. 5, 1991, 105 Stat. 1423, as amended by Pub. L. 103–160, div. A, title IX, §904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, §911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that: "For the purposes of the amendment made by section 807 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1593) to section 25(b)(2) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421(b)(2)) [now 41 U.S.C. 1302(b)(2)], the Director of Defense Procurement of the Department of Defense shall be considered to be an official at an organizational level of an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics."
§1303. Functions and authority
(a)
(1)
(2)
(A) regulations essential to implement Government-wide policies and procedures within the agency; and
(B) additional policies and procedures required to satisfy the specific and unique needs of the agency.
(3)
(4)
(A)
(B)
(5)
(6)
(b)
(1)
(A) approve or disapprove all regulations relating to procurement that are proposed for public comment, prescribed in final form, or otherwise made effective by that agency before the regulation may be prescribed in final form, or otherwise made effective, except that the official may grant an interim approval, without review, for not more than 60 days for a procurement regulation in urgent and compelling circumstances;
(B) carry out the responsibilities of that agency set forth in chapter 35 of title 44 for each information collection request that relates to procurement rules or regulations; and
(C) eliminate or reduce—
(i) any redundant or unnecessary levels of review and approval in the procurement system of that agency; and
(ii) redundant or unnecessary procurement regulations which are unique to that agency.
(2)
(c)
(d)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3691.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1303(a) | 41:421(c). | Pub. L. 93–400, §25(c)–(f), as added Pub. L. 100–679, §4, Nov. 17, 1988, 102 Stat. 4056; Pub. L. 104–201, title VIII, §822, title X, §1074(f)(3), Sept. 23, 1996, 110 Stat. 2609, 2661; Pub. L. 105–85, title VIII, §841(d), Nov. 18, 1997, 111 Stat. 1843. |
1303(b) | 41:421(d). | |
1303(c) | 41:421(e). | |
1303(d) | 41:421(f). |
In subsection (a)(6), the text of 41:421(c)(6) (last sentence) is omitted because 41:407 was repealed by section 4305(b) of the National Defense Authorization Act of Fiscal Year 1996 (Public Law 104–106, 110 Stat. 665).
In subsection (b)(1)(A), the words "after 60 days after November 17, 1988" are omitted as obsolete.
In subsection (b)(1)(B), the words "(as that term is defined in section 3502(11) of title 44)" are omitted because chapter 35 of title 44 was amended generally by the Paperwork Reduction Act of 1995 (Public Law 104–13, 109 Stat. 163) and 44:3502 no longer defines "information collection request". The term "information collection request" is retained in this section of the revised title, however, because 44:ch. 35 still contains provisions about requests for collection of information.
References in Text
The National Aeronautics and Space Act of 1958, referred to in subsec. (a)(1), is Pub. L. 85–568, July 29, 1958, 72 Stat. 426, which was classified principally to chapter 26 (§2451 et seq.) of Title 42, The Public Health and Welfare, and was substantially repealed and restated as chapter 201 (§20101 et seq.) of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete classification of this Act to the Code, see Short Title of 1958 Act note set out under section 10101 of Title 51 and Tables.
1 See References in Text note below.
§1304. Contract clauses and certifications
(a)
(1) clearly define what types of contract clauses are to be treated as nonstandard clauses; and
(2) require prior approval for the use of a nonstandard clause on a repetitive basis by an official at a level of responsibility above the contracting officer.
(b)
(1)
(2)
(A) the certification requirement is specifically imposed by statute; or
(B) written justification for the certification requirement is provided to the Administrator by the Council and the Administrator approves in writing the inclusion of the certification requirement.
(3)
(A)
(B)
(i) the certification requirement is specifically imposed by statute; or
(ii) written justification for the certification requirement is provided to the head of the executive agency by the senior procurement executive of the agency and the head of the executive agency approves in writing the inclusion of the certification requirement.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3693.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1304(a) | 41:425(a). | Pub. L. 93–400, §29, as added Pub. L. 103–355, title I, §1093, Oct. 13, 1994, 108 Stat. 3273; Pub. L. 104–106, title XLIII, §4301(b)(2)(A), (c), Feb. 10, 1996, 110 Stat. 657, 658. |
1304(b)(1) | 41:425(b). | |
1304(b)(2), (3) | 41:425(c). |
Current Certification Requirements
Pub. L. 104–106, div. D, title XLIII, §4301(b)(1), Feb. 10, 1996, 110 Stat. 656, provided that:
"(A) Not later than 210 days after the date of the enactment of this Act [Feb. 10, 1996], the Administrator for Federal Procurement Policy shall issue for public comment a proposal to amend the Federal Acquisition Regulation to remove from the Federal Acquisition Regulation certification requirements for contractors and offerors that are not specifically imposed by statute. The Administrator may omit such a certification requirement from the proposal only if—
"(i) the Federal Acquisition Regulatory Council provides the Administrator with a written justification for the requirement and a determination that there is no less burdensome means for administering and enforcing the particular regulation that contains the certification requirement; and
"(ii) the Administrator approves in writing the retention of the certification requirement.
"(B)(i) Not later than 210 days after the date of the enactment of this Act, the head of each executive agency that has agency procurement regulations containing one or more certification requirements for contractors and offerors that are not specifically imposed by statute shall issue for public comment a proposal to amend the regulations to remove the certification requirements. The head of the executive agency may omit such a certification requirement from the proposal only if—
"(I) the senior procurement executive for the executive agency provides the head of the executive agency with a written justification for the requirement and a determination that there is no less burdensome means for administering and enforcing the particular regulation that contains the certification requirement; and
"(II) the head of the executive agency approves in writing the retention of such certification requirement.
"(ii) For purposes of clause (i), the term 'head of the executive agency' with respect to a military department means the Secretary of Defense."
Addressing Tax Delinquency by Government Contractors
Memorandum of President of the United States, Jan. 20, 2010, 75 F.R. 3979, provided:
Memorandum for the Heads of Executive Departments and Agencies
The Federal Government pays more than half a trillion dollars a year to contractors and has an important obligation to protect American taxpayer money and the integrity of the Federal acquisition process. Yet reports by the Government Accountability Office (GAO) state that Federal contracts are awarded to tens of thousands of companies with serious tax delinquencies. The total amount in unpaid taxes owed by these contracting companies is estimated to be more than $5 billion.
Too often, Federal contracting officials do not have the most basic information they need to make informed judgments about whether a company trying to win a Federal contract is delinquent in paying its taxes. We need to give our contracting officials the tools they need to protect taxpayer dollars.
Accordingly, I hereby direct the Commissioner of Internal Revenue (Commissioner) to direct a review of certifications of non-delinquency in taxes that companies bidding for Federal contracts are required to submit pursuant to a 2008 amendment to the Federal Acquisition Regulation. I further direct that the Commissioner report to me within 90 days on the overall accuracy of contractors' certifications.
I also direct the Director of the Office of Management and Budget, working with the Secretary of the Treasury and other agency heads, to evaluate practices of contracting officers and debarring officials in response to contractors' certifications of serious tax delinquencies and to provide me, within 90 days, recommendations on process improvements to ensure these contractors are not awarded new contracts, including a plan to make contractor certifications available in a Government-wide database, as is already being done with other information on contractors.
Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL
§1311. Establishment and membership
(a)
(b)
(1) the Deputy Director for Management of the Office of Management and Budget;
(2) the Administrator;
(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics;
(4) the chief acquisition officer of each executive agency that is required to have a chief acquisition officer under section 1702 of this title and the senior procurement executive of each military department; and
(5) any other senior agency officer of each executive agency, appointed by the head of the agency in consultation with the Chairman of the Council, who can effectively assist the Council in performing the functions set forth in section 1312(b) of this title and supporting the associated range of acquisition activities.
(c)
(1)
(2)
(3)
(4)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3694.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1311(a) | 41:414b(a). | Pub. L. 93–400, §16A(a)–(c), as added Pub. L. 108–136, title XIV, §1422(a), Nov. 24, 2003, 117 Stat. 1668. |
1311(b) | 41:414b(b)(1) (words before comma), (2)–(5). | |
1311(c)(1) | 41:414b(b)(1) (words after comma). | |
1311(c)(2) | 41:414b(c)(2). | |
1311(c)(3) | 41:414b(c)(1). | |
1311(c)(4) | 41:414b(c)(3). |
§1312. Functions
(a)
(b)
(1) Develop recommendations for the Director of the Office of Management and Budget on Federal acquisition policies and requirements.
(2) Share experiences, ideas, best practices, and innovative approaches related to Federal acquisition.
(3) Assist the Administrator in the identification, development, and coordination of multiagency projects and other innovative initiatives to improve Federal acquisition.
(4) Promote effective business practices that ensure the timely delivery of best value products to the Federal Government and achieve appropriate public policy objectives.
(5) Further integrity, fairness, competition, openness, and efficiency in the Federal acquisition system.
(6) Work with the Office of Personnel Management to assess and address the hiring, training, and professional development needs of the Federal Government related to acquisition.
(7) Work with the Administrator and the Federal Acquisition Regulatory Council to promote the business practices referred to in paragraph (4) and other results of the functions carried out under this subsection.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3694.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1312(a) | 41:414b(d). | Pub. L. 93–400, §16A(d), (e), as added Pub. L. 108–136, title XIV, §1422(a), Nov. 24, 2003, 117 Stat. 1668. |
1312(b) | 41:414b(e). |
CHAPTER 15—COST ACCOUNTING STANDARDS
§1501. Cost Accounting Standards Board
(a)
(b)
(1)
(A) 2 representatives of the Federal Government—
(i) one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and
(ii) one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services.
(B) 2 individuals from the private sector, each of whom is appointed by the Administrator, and—
(i) one of whom is a representative of industry; and
(ii) one of whom is particularly knowledgeable about cost accounting problems and systems.
(2)
(A)
(B)
(3)
(c)
(1) appoint an executive secretary and 2 additional staff members without regard to the provisions of title 5 governing appointments in the competitive service; and
(2) pay those employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that those employees may not receive pay in excess of the maximum rate of basic pay payable for level IV of the Executive Schedule.
(d)
(e)
(1) the Board, with the consent of the head of a Federal agency, may use, without reimbursement, personnel of that agency; and
(2) the Administrator, after consultation with the Board, may procure temporary and intermittent services of personnel under section 3109(b) of title 5.
(f)
(1)
(2)
(3)
(4)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3695.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1501(a) | 41:422(a)(1) (1st sentence). | Pub. L. 93–400, §26(a)–(e), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4058. |
1501(b) | 41:422(a)(1) (last sentence), (2). | |
1501(c) | 41:422(b). | |
1501(d) | 41:422(c). | |
1501(e) | 41:422(d). | |
1501(f) | 41:422(e). |
In subsection (b)(2), the text of 41:422(a)(2)(C) is omitted as obsolete.
In subsection (b)(2)(A), the last sentence is substituted for "of the initial members, two shall be appointed for terms of two years, one shall be appointed for a term of three years, and one shall be appointed for a term of four years" because the initial members have already been appointed.
In subsection (c)(2), the reference to section 5376 of title 5 is substituted for the reference to grade GS–18 of the General Schedule because of section 529 [title I, §101(c)(1)] of the Treasury, Postal Service, and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442, 5:5376 note).
In subsection (f)(1), the words "Except as otherwise provided in subsection (a) of this section" are omitted because 41:422(a) does not provide any relevant exception.
In subsection (f)(2), the words "private sector" are substituted for "private life" for consistency with subsection (b)(1)(B) of the revised section.
In subsection (f)(3), the words "Executive Schedule" are substituted for "Federal Executive Salary Schedule under section 5316 of title 5" for consistency and to eliminate unnecessary words.
Senate Revision Amendment
In subsec. (c)(2), "for level IV of the Executive Schedule" substituted for "under section 5376 of title 5" by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. S8441, Dec. 2, 2010 (daily ed.).
§1502. Cost accounting standards
(a)
(1)
(2)
(b)
(1)
(A)
(B)
(C)
(i) a contract or subcontract for the acquisition of a commercial item;
(ii) a contract or subcontract where the price negotiated is based on a price set by law or regulation;
(iii) a firm, fixed-price contract or subcontract awarded on the basis of adequate price competition without submission of certified cost or pricing data; or
(iv) a contract or subcontract with a value of less than $7,500,000 if, when the contract or subcontract is entered into, the segment of the contractor or subcontractor that will perform the work has not been awarded at least one contract or subcontract with a value of more than $7,500,000 that is covered by the standards.
(2)
(A) exempt classes of contractors and subcontractors from the requirements of this chapter; and
(B) establish procedures for the waiver of the requirements of this chapter for individual contracts and subcontracts.
(3)
(A)
(i) is primarily engaged in the sale of commercial items; and
(ii) would not otherwise be subject to the cost accounting standards under this section.
(B)
(C)
(D)
(i) criteria for selecting an official to be delegated authority to grant waivers under subparagraph (A) or (B); and
(ii) the specific circumstances under which the waiver may be granted.
(E)
(c)
(1) take into account, after consultation and discussions with the Comptroller General, professional accounting organizations, contractors, and other interested parties—
(A) the probable costs of implementation, including any inflationary effects, compared to the probable benefits;
(B) the advantages, disadvantages, and improvements anticipated in the pricing and administration of, and settlement of disputes concerning, contracts; and
(C) the scope of, and alternatives available to, the action proposed to be taken;
(2) prepare and publish a report in the Federal Register on the issues reviewed under paragraph (1);
(3)(A) publish an advanced notice of proposed rulemaking in the Federal Register to solicit comments on the report prepared under paragraph (2);
(B) provide all parties affected at least 60 days after publication to submit their views and comments; and
(C) during the 60-day period, consult with the Comptroller General and consider any recommendation the Comptroller General may make; and
(4) publish a notice of proposed rulemaking in the Federal Register and provide all parties affected at least 60 days after publication to submit their views and comments.
(d)
(e)
(f)
(1) disclose in writing their cost accounting practices, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs; and
(2) agree to a contract price adjustment, with interest, for any increased costs paid to the contractor or subcontractor by the Federal Government because of a change in the contractor's or subcontractor's cost accounting practices or a failure by the contractor or subcontractor to comply with applicable cost accounting standards.
(g)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3696.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1502(a) | 41:422(f)(1), (3). | Pub. L. 93–400, §26(f), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4060; Pub. L. 103–355, title II, §2453, title VIII, §8301(d), Oct. 13, 1994, 108 Stat. 3326, 3397; Pub. L. 104–106, title XLII, §4205, title XLIII, §4321(h)(4), Feb. 10, 1996, 110 Stat. 656, 675; Pub. L 106–65, title VIII, §802(a), (b), Oct. 5, 1999, 113 Stat. 701; Pub. L 109–163, div. A, title VIII, §822, Jan. 6, 2006, 119 Stat. 3386. |
1502(b)(1) | 41:422(f)(2), (4). | |
1502(b)(2) | 41:422(f)(4). | |
1502(b)(3) | 41:422(f)(5). | |
1502(c) | 41:422(g)(1). | Pub. L. 93–400, §26(g), (h)(1), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4061. |
1502(d) | 41:422(g)(2) (1st, 2d sentences). | |
1502(e) | 41:422(g)(2) (last sentence). | |
1502(f) | 41:422(h)(1). | |
1502(g) | 41:422(g)(3). |
In subsection (a)(1), the word "make" is omitted as being included in "prescribe".
In subsection (b)(2)(A), the word "categories" is omitted as being included in "classes".
In subsection (b)(3)(A)(ii), the words "as in effect on or after the effective date of this paragraph" are omitted as obsolete.
Effective Date of Amendment by Pub. L. 106–65; Regulations; Implementation; Construction
Pub. L. 106–65, div. A, title VIII, §802(c)–(e), (g)–(i), Oct. 5, 1999, 113 Stat. 701, 702, provided that:
"(c)
"(2) Paragraph (1) requires only a change of the statement of a threshold condition in the regulation referred to by section number in that paragraph, and shall not be construed as—
"(A) a ratification or expression of approval of—
"(i) any aspect of the regulation; or
"(ii) the manner in which section 26 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1501 et seq.] is administered through the regulation; or
"(B) a requirement to apply the regulation.
"(d)
"(e)
"(2) Subsection (c) shall cease to be effective one year after the date on which final regulations issued in accordance with that subsection take effect.
"(g)
"(h)
"(1) any educational institution or federally funded research and development center that is associated with an educational institution in accordance with Office of Management and Budget Circular A–21, as in effect on January 1, 1999; or
"(2) any contract with a nonprofit entity that provides research and development and related products or services to the Department of Defense.
"(i)
"(1) contracts that are entered into on or after such effective date; and
"(2) determinations made on or after such effective date regarding whether a segment of a contractor or subcontractor is subject to the cost accounting standards under section 26(f) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 422(f)) [now 41 U.S.C. 1502(a), (b)], regardless of whether the contracts on which such determinations are made were entered into before, on, or after such date."
§1503. Contract price adjustment
(a)
(b)
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3699.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1503(a) | 41:422(h)(2). | Pub. L. 93–400, §26(h)(2)–(4), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4062. |
1503(b) | 41:422(h)(3). | |
1503(c) | 41:422(h)(4). |
§1504. Effect on other standards and regulations
(a)
(1) remain in effect until amended, superseded, or rescinded by the Board under this chapter; and
(2) are subject to the provisions of this division in the same manner as if prescribed by the Board under this division.
(b)
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3699.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1504(a) | 41:422(j)(1), (2). | Pub. L. 93–400, §26(j), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4062. |
1504(b) | 41:422(j)(3). | |
1504(c) | 41:422(j)(4). |
§1505. Examinations
To determine whether a contractor or subcontractor has complied with cost accounting standards prescribed under this chapter and has followed consistently the contractor's or subcontractor's disclosed cost accounting practices, an authorized representative of the head of the agency concerned, of the offices of inspector general established under the Inspector General Act of 1978 (5 U.S.C. App.), or of the Comptroller General shall have the right to examine and copy documents, papers, or records of the contractor or subcontractor relating to compliance with the standards.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3700.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1505 | 41:422(k). | Pub. L. 93–400, §26(k), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4062. |
References in Text
The Inspector General Act of 1978, referred to in text, is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
§1506. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3700.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1506 | 41:422(l). | Pub. L. 93–400, §26(l), as added Pub. L. 100–679, §5(a), Nov. 17, 1988, 102 Stat. 4063. |
CHAPTER 17—AGENCY RESPONSIBILITIES AND PROCEDURES
§1701. Cooperation with the Administrator
On the request of the Administrator, each executive agency shall—
(1) make its services, personnel, and facilities available to the Office of Federal Procurement Policy to the greatest practicable extent for the performance of functions under this division; and
(2) except when prohibited by law, furnish to the Administrator, and give the Administrator access to, all information and records in its possession that the Administrator may determine to be necessary for the performance of the functions of the Office.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3700.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1701 | 41:406. | Pub. L. 93–400, §7, Aug. 30, 1974, 88 Stat. 798. |
Ex. Ord. No. 12073. Federal Procurement in Labor Surplus Areas
Ex. Ord. No. 12073, Aug. 16, 1978, 43 F.R. 36873, provided:
By the authority vested in me as President by the Constitution of the United States of America, and in order to strengthen the economic base of our Nation, it is hereby ordered as follows:
1–1. Procurements in Labor Surplus Areas
1–101. Executive agencies shall emphasize procurement set-asides in labor surplus areas in order to strengthen our Nation's economy.
1–102. Labor surplus area procurements shall be consistent with this Order and, to the extent funds are available, the priorities of Section 15 of the Small Business Act, as amended by Public Law 95–89 (15 U.S.C. 644).
1–2. Administrator of General Services
1–201. The Administrator shall coordinate with and advise State and local officials with regard to Federal efforts to encourage procurements in labor surplus areas with the aim of fostering economic development in labor surplus areas.
1–202. The Administrator shall establish specific labor surplus area procurement targets for Executive agencies in consultation with the heads of those agencies.
1–203. In cooperation with the heads of Executive agencies, the Administrator shall encourage the use of set-asides or other appropriate methods for meeting procurement targets in labor surplus areas.
1–204. The Administrator shall report every six months to the President on the progress of the agencies in achieving the procurement targets.
1–3. Agency Responsibilities
1–301. The Secretary of Labor shall classify and designate labor markets which are labor surplus areas. The Secretary shall provide labor market data to the heads of agencies and State and local officials in order to promote the development of business opportunities in labor surplus areas.
1–302. The heads of Executive agencies shall cooperate with the Administrator in carrying out his responsibilities for labor surplus area programs and shall provide the information necessary for setting procurement targets and recording achievement. They shall keep the Administrator informed of plans and programs which affect labor surplus procurements, with particular attention to opportunities for minority firms.
1–303. In accord with Section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 405), the Administrator for Federal Procurement Policy shall be responsible for the overall direction and oversight of the policies affecting procurement programs for labor surplus areas.
Jimmy Carter.
Ex. Ord. No. 12931. Federal Procurement Reform
Ex. Ord. No. 12931, Oct. 13, 1994, 59 F.R. 52387, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure effective and efficient spending of public funds through fundamental reforms in Government procurement, it is hereby ordered as follows:
(a) Review agency procurement rules, reporting requirements, contractual requirements, certification procedures, and other administrative procedures over and above those required by statute, and, where practicable, replace them with guiding principles that encourage and reward innovation;
(b) Review existing and planned agency programs to assure that such programs meet agency mission needs;
(c) Ensure that procurement organizations focus on measurable results and on increased attention to understanding and meeting customer needs;
(d) Increase the use of commercially available items where practicable, place more emphasis on past contractor performance, and promote best value rather than simply low cost in selecting sources for supplies and services;
(e) Ensure that simplified acquisition procedures are used, to the maximum extent practicable, for procurements under the simplified acquisition threshold in order to reduce administrative burdens and more effectively support the accomplishment of agency missions;
(f) Expand the use of the Government purchase card by the agency and take maximum advantage of the micro-purchase authority provided in the Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, see Short Title of 1994 Act note set out under section 101 of this title] by delegating the authority, to the maximum extent practicable, to the offices that will be using the supplies or services to be purchased;
(g) Establish clear lines of contracting authority and accountability;
(h) Establish career education programs for procurement professionals, including requirements for successful completion of educational requirements or mandatory training for entry level positions and for promotion to higher level positions, in order to ensure a highly qualified procurement work force;
(i) Designate a Procurement Executive with agency-wide responsibility to oversee development of procurement goals, guidelines, and innovation, measure and evaluate procurement office performance against stated goals, enhance career development of the procurement work force, and advise the agency heads whether goals are being achieved; and
(j) Review existing and planned information technology acquisitions and contracts to ensure that the agency receives the best value with regard to price and technology, and consider alternatives in cases where best value is not being obtained.
(a) Coordinating Government-wide efforts;
(b) Assisting executive agencies in streamlining guidance for procurement processes;
(c) Identifying desirable Government-wide procurement system criteria; and
(d) Identifying major inconsistencies in law and policies relating to procurement that impose unnecessary burdens on the private sector and Federal procurement officials, and, following coordination with executive agencies, submitting necessary legislative initiatives to the Office of Management and Budget for the resolution of such inconsistencies.
William J. Clinton.
§1702. Chief Acquisition Officers and senior procurement executives
(a)
(b)
(1)
(2)
(3)
(A) monitoring the performance of acquisition activities and acquisition programs of the executive agency, evaluating the performance of those programs on the basis of applicable performance measurements, and advising the head of the executive agency regarding the appropriate business strategy to achieve the mission of the executive agency;
(B) increasing the use of full and open competition in the acquisition of property and services by the executive agency by establishing policies, procedures, and practices that ensure that the executive agency receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Federal Government's requirements (including performance and delivery schedules) at the lowest cost or best value considering the nature of the property or service procured;
(C) increasing appropriate use of performance-based contracting and performance specifications;
(D) making acquisition decisions consistent with all applicable laws and establishing clear lines of authority, accountability, and responsibility for acquisition decisionmaking within the executive agency;
(E) managing the direction of acquisition policy for the executive agency, including implementation of the unique acquisition policies, regulations, and standards of the executive agency;
(F) advising the executive agency on the applicability of relevant policy on the contracts of the agency for overseas contingency operations and ensuring the compliance of the contracts and contracting activities of the agency with such policy;
(G) developing and maintaining an acquisition career management program in the executive agency to ensure that there is an adequate professional workforce; and
(H) as part of the strategic planning and performance evaluation process required under section 306 of title 5 and sections 1105(a)(28), 1115, 1116, and 9703 (added by section 5(a) of Public Law 103–62 (107 Stat. 289)) of title 31—
(i) assessing the requirements established for agency personnel regarding knowledge and skill in acquisition resources management and the adequacy of those requirements for facilitating the achievement of the performance goals established for acquisition management;
(ii) developing strategies and specific plans for hiring, training, and professional development to rectify a deficiency in meeting those requirements; and
(iii) reporting to the head of the executive agency on the progress made in improving acquisition management capability.
(c)
(1)
(2)
(3)
(A) designate the Chief Acquisition Officer as the senior procurement executive for the executive agency; or
(B) ensure that the senior procurement executive designated under paragraph (1) reports directly to the Chief Acquisition Officer without intervening authority.
(d)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3701; Pub. L. 112–239, div. A, title VIII, §849, Jan. 2, 2013, 126 Stat. 1853.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1702(a), (b)(1), (2) | 41:414(a). | Pub. L. 93–400, §16, as added Pub. L. 98–191, §7, Dec. 1, 1983, 97 Stat. 1330; Pub. L. 98–369, title VII, §2732(b)(2), July 18, 1984, 98 Stat. 1199; Pub. L. 108–136, div. A, title XIV, §1421(a)(1), Nov. 24, 2003, 117 Stat. 1666. |
1702(b)(3) | 41:414(b). | |
1702(c) | 41:414(c). |
Amendments
2013—Subsec. (b)(3)(F) to (H). Pub. L. 112–239, §849(a), added subpar. (F) and redesignated former subpars. (F) and (G) as (G) and (H), respectively.
Subsec. (d). Pub. L. 112–239, §849(b), added subsec. (d).
§1703. Acquisition workforce
(a)
(b)
(1)
(2)
(c)
(1)
(A)
(B)
(2)
(A)
(B)
(i) developing and modifying acquisition certification programs;
(ii) ensuring quality assurance for agency implementation of government-wide training and certification standards;
(iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary;
(iv) developing career path information for certified professionals to encourage retention in government positions;
(v) coordinating with the Office of Personnel Management for human capital efforts; and
(vi) managing rotation assignments to support opportunities to apply skills included in certification.
(d)
(e)
(f)
(1)
(A)
(B)
(C)
(2)
(A) relate pay to performance (including the extent to which the performance of personnel in the workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisition programs pursuant to section 3103(b) of this title); and
(B) provide for consideration, in personnel evaluations and promotion decisions, of the extent to which the performance of personnel in the workforce contributes to achieving the cost goals, schedule goals, and performance goals.
(g)
(1)
(A) establish qualification requirements, including education requirements, for—
(i) entry-level positions in the General Schedule Contracting series (GS–1102);
(ii) senior positions in the General Schedule Contracting series (GS–1102);
(iii) all positions in the General Schedule Purchasing series (GS–1105); and
(iv) positions in other General Schedule series in which significant acquisition-related functions are performed; and
(B) prescribe the manner and extent to which the qualification requirements shall apply to an individual serving in a position described in subparagraph (A) at the time the requirements are established.
(2)
(3)
(h)
(1)
(2)
(3)
(i)
(1)
(A) adapts to fundamental changes in the nature of Federal Government acquisition of property and services associated with the changing roles of the Federal Government; and
(B) acquires new skills and a new perspective to enable it to contribute effectively in the changing environment of the 21st century.
(2)
(3)
(A) Government-wide task and delivery-order contracts entered into under sections 4103 and 4105 of this title.
(B) Government-wide contracts for the acquisition of information technology as defined in section 11101 of title 40 and multiagency acquisition contracts for that technology authorized by section 11314 of title 40.
(C) multiple-award schedule contracts entered into by the Administrator of General Services.
(4)
(5)
(6)
(7)
(8)
(j)
(1)
(2)
(k)
(1)
(2)
(A) The unusually high or unique qualifications of an individual receiving an annuity from the Civil Service Retirement and Disability Fund on the basis of the individual's service.
(B) The exceptional difficulty in recruiting or retaining a qualified employee.
(C) A temporary emergency hiring need.
(3)
(4)
(5)
(l)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3702; Pub. L. 112–74, div. C, title V, §526, Dec. 23, 2011, 125 Stat. 914; Pub. L. 112–81, div. A, title VIII, §864(c), (d), Dec. 31, 2011, 125 Stat. 1525; Pub. L. 112–239, div. A, title X, §1076(a)(15), title XI, §1103, Jan. 2, 2013, 126 Stat. 1948, 1973.)
In subsection (e), the word "information" the second time it appears is substituted for "data" for consistency in the subsection.
In subsection (i)(6), the words "Office of Federal Procurement Policy" are substituted for "Office of Federal Acquisition Policy" to provide the correct name of the office.
In subsection (j), the text of 1413(c) of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108–136, 117 Stat. 1665) is omitted as obsolete.
In subsection (k)(4), the words "Committee on Oversight and Government Reform" are substituted for "Committee on Government Reform" on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
References in Text
Section 5051(c) of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (c)(2)(A), is section 5051(c) of Pub. L. 103–305, which is set out as a note under this section.
Amendments
2013—Subsec. (i)(6). Pub. L. 112–239, §1076(a)(15), amended Pub. L. 112–81, §864(d)(2). See 2011 Amendment note below.
Subsec. (j)(2). Pub. L. 112–239, §1103, substituted "September 30, 2017" for "September 30, 2012".
2011—Subsec. (c)(2). Pub. L. 112–81, §864(c)(1), designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).
Subsec. (i)(2). Pub. L. 112–81, §864(d)(1), substituted "to support the activities set forth in section 1201(a) of this title" for "to support the training of the acquisition workforce of the executive agencies".
Subsec. (i)(6). Pub. L. 112–81, §864(d)(2), as amended by Pub. L. 112–239, §1076(a)(15), substituted "ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title." for "ensure that amounts collected under this subsection are not used for a purpose other than the purpose specified in subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title."
Pub. L. 112–74 struck out "for training" after "amounts collected" and substituted "subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title" for "paragraph (2)".
Subsec. (l). Pub. L. 112–81, §864(c)(2), added subsec. (l).
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(15) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
Training for Contracting and Enforcement Personnel
Pub. L. 111–240, title I, §1343(a), Sept. 27, 2010, 124 Stat. 2545, provided that: "Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Federal Acquisition Institute, in consultation with the Administrator for Federal Procurement Policy, the Defense Acquisition University, and the Administrator [of the Small Business Administration], shall develop courses for acquisition personnel concerning proper classification of business concerns and small business size and status for purposes of Federal contracts, subcontracts, grants, cooperative agreements, and cooperative research and development agreements."
Defense Acquisition University Funding
Pub. L. 109–163, div. A, title VIII, §821(c), Jan. 6, 2006, 119 Stat. 3386, provided that: "Amounts transferred under section 37(h)(3)(D) of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1703(i)(5)] (as amended by subsection (a)) for use by the Defense Acquisition University shall be in addition to other amounts authorized for the University."
Enhanced System of Performance Incentives
Pub. L. 103–355, title V, §5051(c), Oct. 13, 1994, 108 Stat. 3351, provided that: "Within one year after the date of the enactment of this Act [Oct. 13, 1994], the Deputy Director for Management of the Office of Management and Budget, in consultation with appropriate officials in other departments and agencies of the Federal Government, shall, to the maximum extent consistent with applicable law—
"(1) establish policies and procedures for the heads of such departments and agencies to designate acquisition positions and manage employees (including the accession, education, training and career development of employees) in the designated acquisition positions; and
"(2) review the incentives and personnel actions available to the heads of departments and agencies of the Federal Government for encouraging excellence in the acquisition workforce of the Federal Government and provide an enhanced system of incentives for the encouragement of excellence in such workforce which—
"(A) relates pay to performance (including the extent to which the performance of personnel in such workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisition programs pursuant to section 313(b) of the Federal Property and Administrative Services Act of 1949, as added by subsection (a) [now 41 U.S.C. 3103(b)]); and
"(B) provides for consideration, in personnel evaluations and promotion decisions, of the extent to which the performance of personnel in such workforce contributes to achieving such cost goals, schedule goals, and performance goals."
1 So in original. Probably should be "Procurement".
§1704. Planning and policy-making for acquisition workforce
(a)
(1)
(2)
(b)
(1) supervising the acquisition workforce training fund established under section 1703(i) of this title;
(2) developing, in coordination with Chief Acquisition Officers and Chief Human Capital Officers, a strategic human capital plan for the acquisition workforce of the Federal Government;
(3) reviewing and providing input to individual agency acquisition workforce succession plans;
(4) recommending to the Administrator and other senior government officials appropriate programs, policies, and practices to increase the quantity and quality of the Federal acquisition workforce;
(5) implementing workforce programs under subsections (f) through (l) of section 1703 of this title; and
(6) carrying out other functions that the Administrator may assign.
(c)
(1)
(2)
(A) have curricula covering a broad range of acquisition and contracting disciplines corresponding to the specific acquisition and contracting needs of the agency involved;
(B) be developed and applied according to rigorous standards; and
(C) be designed to maximize efficiency, through the use of self-paced courses, online courses, on-the-job training, and the use of remote instructors, wherever those features can be applied without reducing the effectiveness of the training or negatively affecting academic standards.
(d)
(e)
(f)
(1)
(2)
(A) recruitment goals for personnel from procurement intern programs;
(B) the agency's acquisition workforce training needs;
(C) actions to retain high performing acquisition professionals who possess critical relevant skills;
(D) recruitment goals for personnel from the Federal Career Intern Program; and
(E) recruitment goals for personnel from the Presidential Management Fellows Program.
(g)
(1)
(A) develop a specific and actionable 5-year plan to increase the size of the acquisition workforce; and
(B) operate a government-wide acquisition intern program for the Federal agencies.
(2)
(3)
(A) The variety and complexity of acquisitions conducted by each Federal agency covered by the plan, and the workforce needed to effectively carry out the acquisitions.
(B) The development of a sustainable funding model to support efforts to hire, retain, and train an acquisition workforce of appropriate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a discussion of how the model of the Defense Acquisition Workforce Development Fund could be applied to civilian agencies.
(C) Any strategic human capital planning necessary to hire, retain, and train an acquisition workforce of appropriate size and skill at each Federal agency covered by the plan.
(D) Methodologies that Federal agencies covered by the plan can use to project future acquisition workforce personnel hiring requirements, including an appropriate distribution of such personnel across each category of positions designated as acquisition workforce personnel under section 1703(g) of this title.
(E) Government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce within the Federal agencies covered by the plan.
(F) If the Associate Administrator recommends as part of the plan a growth in the acquisition workforce of the Federal agencies covered by the plan below 25 percent over the next 5 years, an examination of each of the matters specified in subparagraphs (A) to (E) in the context of a 5-year plan that increases the size of such acquisition workforce by not less than 25 percent, or an explanation why such a level of growth would not be in the best interest of the Federal Government.
(4)
(5)
(h)
(i)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3706; Pub. L. 111–383, div. A, title X, §1075(e)(15), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 112–81, div. A, title VIII, §864(a), Dec. 31, 2011, 125 Stat. 1522; Pub. L. 112–239, div. A, title X, §1076(a)(14), Jan. 2, 2013, 126 Stat. 1948.)
Amendments Not Shown in Text
Subsec. (g) of this section was derived from Pub. L. 110–417, [div. A], title VIII, §869, Oct. 14, 2008, 122 Stat. 4553, which was set out as a note under section 433a of former Title 41, Public Contracts, prior to being repealed and reenacted as subsec. (g) of this section by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. Section 869 of Pub. L. 110–417 was amended by Pub. L. 111–383, div. A, title X, §1075(e)(15), Jan. 7, 2011, 124 Stat. 4375. For applicability of that amendment to this section, see section 6(a) of Pub. L. 111–350, set out as a Transitional and Savings Provisions note preceding section 101 of this title. Section 869 of Pub. L. 110–417 was amended as follows:
(1) in subsection (b), by striking "433(a)" and inserting "433a(a)"; and
(2) in subsection (c)(4)—
(A) by striking "37(j)" and inserting "37(g)"; and
(B) by striking "433(j)" and inserting "433(g)".
Such references did not appear in the text of subsec. (g) as enacted. See Historical and Revision Notes below.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1704(a)(1) | no source. | |
1704(a)(2) | 41:433a(h). | Pub. L. 110–181, div. A, title VIII, §855, Jan. 28, 2008, 122 Stat. 251. |
1704(b)–(f) | 41:433a(a)–(e). | |
1704(g) | 41:433a note. | Pub. L. 110–417, [div. A], title VIII, §869, Oct. 14, 2008, 122 Stat. 4553. |
1704(h), (i) | 41:433a(f), (g). |
In subsection (a), the definition of "executive agency" is omitted as unnecessary.
In subsection (f)(1), the words "Not later than 1 year after the date of the enactment of this Act" are omitted as obsolete.
In subsection (g)(2), the words "Associate Administrator" are substituted for "Associate Administrator for Acquisition Workforce Programs designated under section 855(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 251; 41 U.S.C. 433(a))" because of subsection (a)(1).
In subsection (g)(3)(D), the reference to "section 37(j) of the Office of Federal Procurement Policy Act" is changed to "section 1703(g) of this title" to correct an error in the law.
Amendments
2013—Subsec. (b). Pub. L. 112–239, §1076(a)(14), made technical amendment to directory language of Pub. L. 112–81, §864(a)(2). See 2011 Amendment note below.
2011—Subsec. (b). Pub. L. 112–81, §864(a)(2), as amended by Pub. L. 112–239, §1076(a)(14), substituted "The Associate Administrator shall be located in the Office of Federal Procurement Policy." for "The Associate Administrator shall be located in the Federal Acquisition Institute (or its successor)." in introductory provisions.
Pub. L. 112–81, §864(a)(1), inserted "The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management." after "Programs." in introductory provisions.
Subsec. (b)(5), (6). Pub. L. 112–81, §864(a)(3)–(5), added par. (5) and redesignated former par. (5) as (6).
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(14) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
§1705. Advocates for competition
(a)
(1)
(2)
(A) designate for the executive agency and for each procuring activity of the executive agency one officer or employee serving in a position authorized for the executive agency on July 18, 1984 (other than the senior procurement executive designated pursuant to section 1702(c) of this title) to serve as the advocate for competition;
(B) not assign those officers or employees duties or responsibilities that are inconsistent with the duties and responsibilities of the advocates for competition; and
(C) provide those officers or employees with the staff or assistance necessary to carry out the duties and responsibilities of the advocate for competition, such as individuals who are specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small and disadvantaged business concerns.
(b)
(1) be responsible for challenging barriers to, and promoting full and open competition in, the procurement of property and services by the executive agency;
(2) review the procurement activities of the executive agency;
(3) identify and report to the senior procurement executive of the executive agency—
(A) opportunities and actions taken to achieve full and open competition in the procurement activities of the executive agency; and
(B) any condition or action which has the effect of unnecessarily restricting competition in the procurement actions of the executive agency;
(4) prepare and transmit to the senior procurement executive an annual report describing—
(A) the advocate's activities under this section;
(B) new initiatives required to increase competition; and
(C) remaining barriers to full and open competition;
(5) recommend to the senior procurement executive—
(A) goals and the plans for increasing competition on a fiscal year basis; and
(B) a system of personal and organizational accountability for competition, which may include the use of recognition and awards to motivate program managers, contracting officers, and others in authority to promote competition in procurement programs; and
(6) describe other ways in which the executive agency has emphasized competition in programs for procurement training and research.
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3709.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1705 | 41:418. | Pub. L. 93–400, §20, as added Pub. L. 98–369, title VII, §2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title VIII, §8303(a), Oct. 13, 1994, 108 Stat. 3398. |
§1706. Personnel evaluation
The head of each executive agency subject to division C shall ensure, with respect to the employees of that agency whose primary duties and responsibilities pertain to the award of contracts subject to the provisions of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066), that the performance appraisal system applicable to those employees affords appropriate recognition to, among other factors, efforts to—
(1) increase competition and achieve cost savings through the elimination of procedures that unnecessarily inhibit full and open competition;
(2) further the purposes of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066) and the Defense Procurement Reform Act of 1984 (Public Law 98–525, title XII, 98 Stat. 2588); and
(3) further other objectives and purposes of the Federal acquisition system authorized by law.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3710.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1706 | 41:414a. | Pub. L. 98–577, title V, §502, Oct. 30, 1984, 98 Stat. 3085. |
References in Text
The Small Business and Federal Procurement Competition Enhancement Act of 1984, referred to in text, is Pub. L. 98–577, Oct. 30, 1984, 98 Stat. 3066. For complete classification of this Act to the Code, see Short Title of 1984 Act note set out under section 101 of this title and Tables.
The Defense Procurement Reform Act of 1984, referred to in par. (2), is Pub. L. 98–525, title XII, Oct. 19, 1984, 98 Stat. 2588. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 2302 of Title 10, Armed Forces, and Tables.
§1707. Publication of proposed regulations
(a)
(1)
(A) relates to the expenditure of appropriated funds; and
(B)(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or
(ii) has a significant cost or administrative impact on contractors or offerors.
(2)
(b)
(c)
(1) the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the name, address, and telephone number of the officer or employee of the executive agency from whom the full text may be obtained; and
(2) a request for interested parties to submit comments on the proposal and the name and address of the officer or employee of the Federal Government designated to receive the comments.
(d)
(e)
(1)
(A) a notice of the policy, regulation, procedure, or form is published in the Federal Register and includes a statement that the policy, regulation, procedure, or form is temporary; and
(B) provision is made for a public comment period of 30 days beginning on the date on which the notice is published.
(2)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3710.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1707 | 41:418b. | Pub. L. 93–400, §22, as added Pub. L. 98–577, title III, §302(a), Oct. 30, 1984, 98 Stat. 3076; Pub. L. 103–355, title V, §5092, Oct. 13, 1994, 108 Stat. 3362, as amended Pub. L. 104–106, title XLIII, §4321(a)(9), Feb. 10, 1996, 110 Stat. 671. |
In subsection (a)(2), the words "Notwithstanding the preceding sentence" are omitted as unnecessary.
§1708. Procurement notice
(a)
(1) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000, shall post, for not less than 10 days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (c);
(2) an executive agency shall publish a notice of solicitation described in subsection (c) if the agency intends to—
(A) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or
(B) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement; and
(3) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order exceeding $25,000 under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication a notice announcing the award or order if there is likely to be a subcontract under the contract or order.
(b)
(1)
(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by—
(i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and
(ii) permitting the public to respond to the solicitation electronically;
(B) the notice would disclose the executive agency's needs and disclosure would compromise national security;
(C) the proposed procurement would result from acceptance of—
(i) an unsolicited proposal that demonstrates a unique and innovative research concept and publication of a notice of the unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal; or
(ii) a proposal submitted under section 9 of the Small Business Act (15 U.S.C. 638);
(D) the procurement is made against an order placed under a requirements contract, a task order contract, or a delivery order contract;
(E) the procurement is made for perishable subsistence supplies;
(F) the procurement is for utility services, other than telecommunication services, and only one source is available; or
(G) the procurement is for the services of an expert for use in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government in a trial, hearing, or proceeding before a court, administrative tribunal, or agency, or in any part of an alternative dispute resolution process, whether or not the expert is expected to testify.
(2)
(A) under conditions described in paragraph (2), (3), (4), (5), or (7) of section 3304(a) of this title or paragraph (2), (3), (4), (5), or (7) of section 2304(c) of title 10; or
(B) for which the head of the executive agency makes a determination in writing, after consultation with the Administrator and the Administrator of the Small Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation.
(3)
(c)
(1) an accurate description of the property or services to be contracted for, which description—
(A) shall not be unnecessarily restrictive of competition; and
(B) shall include, as appropriate, the agency nomenclature, National Stock Number or other part number, and a brief description of the item's form, fit, or function, physical dimensions, predominant material of manufacture, or similar information that will assist a prospective contractor to make an informed business judgment as to whether a copy of the solicitation should be requested;
(2) provisions that—
(A)(i) state whether the technical data required to respond to the solicitation will not be furnished as part of the solicitation; and
(ii) identify the source in the Federal Government, if any, from which the technical data may be obtained; and
(B)(i) state whether an offeror or its product or service must meet a qualification requirement in order to be eligible for award; and
(ii) if so, identify the office from which the qualification requirement may be obtained;
(3) the name, business address, and telephone number of the contracting officer;
(4) a statement that all responsible sources may submit a bid, proposal, or quotation (as appropriate) that the agency shall consider;
(5) in the case of a procurement using procedures other than competitive procedures, a statement of the reason justifying the use of those procedures and the identity of the intended source; and
(6) in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the simplified acquisition threshold, or a contract for the procurement of commercial items using special simplified procedures—
(A) a description of the procedures to be used in awarding the contract; and
(B) a statement specifying the periods for prospective offerors and the contracting officer to take the necessary preaward and award actions.
(d)
(e)
(1)
(A) issue the solicitation earlier than 15 days after the date on which the notice is published; or
(B) in the case of a contract or order expected to be greater than the simplified acquisition threshold, establish a deadline for the submission of all bids or proposals in response to the notice required by subsection (a)(2) that—
(i) in the case of a solicitation for research and development, is earlier than 45 days after the date the notice required for a bid or proposal for a contract described in subsection (a)(2)(A) is published;
(ii) in the case of an order under a basic agreement, basic ordering agreement, or similar arrangement, is earlier than 30 days after the date the notice required for an order described in subsection (a)(2)(B) is published; or
(iii) in any other case, is earlier than 30 days after the date the solicitation is issued.
(2)
(3)
(f)
(g)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3711.)
In subsection (a)(3), the words "under a basic agreement, basic ordering agreement, or similar arrangement" are substituted for "referred to in clause (A)(ii)" for clarity. The words "by the Secretary of Commerce" are omitted as obsolete. The Secretary of Commerce no longer has responsibility for publishing notices of awards or orders. See revision note for subsection (d).
In subsection (b)(2), the text of 41 U.S.C. 416(C)(1)(H) is omitted because the procurement authority of the Secretary of Homeland Security pursuant to the special procedures provided in section 833(c) of the Homeland Security Act of 2002 (6 U.S.C. 339(c)) expired on September 30, 2007.
Subsection (b)(3) is added because of section 850(e)(3) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85, 111 Stat. 1849, 15:637 note), which in part provided that the amendments made by section 850(e)(2), which amended 41:416(c)(1), be implemented in a manner consistent with applicable international agreements.
Subsection (d) is substituted for 41:416(a)(2) and (7) to eliminate unnecessary words. Federal Business Opportunities is the designated single point of universal electronic public access for publication of all procurement information and notices previously published by the Secretary of Commerce in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001, 68 Fed. Reg. 56678, October 1, 2003, 48 CFR ch. 1, subch. B, part 5, and the special notice posted in CBDNet on December 28, 2001, and printed on January 2, 2002. The special notice can be found by going to http://cbdnet.gpo.gov and clicking on "Federal Business Opportunities to replace the Commerce Business Daily".
In subsection (e)(1)(B)(i), the words "required for a bid or proposal for a contract described in" are substituted for "required by" for clarity.
In subsection (e)(1)(B)(ii), the words "required for an order described in" are substituted for "required by" for clarity.
Applicability to Tennessee Valley Authority
Pub. L. 98–577, title III, §303(c), Oct. 30, 1984, 98 Stat. 3079, provided that: "The provisions of the amendments made by subsection (a) of this section [see Tables for classification] shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds."
§1709. Contracting functions performed by Federal personnel
(a)
(1) an employee, as defined in section 2105 of title 5;
(2) a member of the armed forces; and
(3) an individual assigned to a Federal agency pursuant to subchapter VI of chapter 33 of title 5.
(b)
(1) a sufficient number of personnel described in subsection (a) in the agency or another Federal agency are readily available to perform a particular evaluation or analysis for the head of the executive agency making the determination; and
(2) the readily available personnel have the training and capabilities necessary to perform the evaluation or analysis.
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3714.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1709(a) | 41:419(b). | Pub. L. 93–400, §23, as added Pub. L. 103–355, title VI, §6002(a), Oct. 13, 1994, 108 Stat. 3363. |
1709(b) | 41:419(a). | |
1709(c) | 41:419(c). |
In subsection (a), before paragraph (1), the words "Personnel referred to in subsection (b) are" are substituted for "For purposes of subsection (a) of this section, the personnel described in this subsection are as follows" to eliminate unnecessary words. In paragraph (3), the words "employee from State or local governments" are substituted for "person" for clarity.
Senate Revision Amendment
In subsec. (a)(3), "individual" substituted for "employee from State or local governments" by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. S8442, Dec. 2, 2010 (daily ed.).
Requirement for Guidance and Regulations
Pub. L. 103–355, title VI, §6002(b), Oct. 13, 1994, 108 Stat. 3363, provided that: "The Federal Acquisition Regulatory Council established by section 25(a) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302(a)] shall—
"(1) review part 37 of title 48 of the Code of Federal Regulations as it relates to the use of advisory and assistance services; and
"(2) provide guidance and promulgate regulations regarding—
"(A) what actions Federal agencies are required to take to determine whether expertise is readily available within the Federal Government before contracting for advisory and technical services to conduct acquisitions; and
"(B) the manner in which personnel with expertise may be shared with agencies needing expertise for such acquisitions."
§1710. Public-private competition required before conversion to contractor performance
(a)
(1)
(A) formally compares the cost of performance of the function by agency civilian employees with the cost of performance by a contractor;
(B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A76, as implemented on May 29, 2003, or any successor circular;
(C) includes the issuance of a solicitation;
(D) determines whether the submitted offers meet the needs of the executive agency with respect to factors other than cost, including quality, reliability, and timeliness;
(E) examines the cost of performance of the function by agency civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Federal Government over the life of the contract, including—
(i) the estimated cost to the Federal Government (based on offers received) for performance of the function by a contractor;
(ii) the estimated cost to the Federal Government for performance of the function by agency civilian employees; and
(iii) an estimate of all other costs and expenditures that the Federal Government would incur because of the award of the contract;
(F) requires continued performance of the function by agency civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the function by agency civilian employees would, over all performance periods required by the solicitation, be equal to or exceed the lesser of—
(i) 10 percent of the personnel-related costs for performance of that function in the agency tender; or
(ii) $10,000,000; and
(G) examines the effect of performance of the function by a contractor on the agency mission associated with the performance of the function.
(2)
(3)
(A) modified, reorganized, divided, or in any way changed for the purpose of exempting the conversion of the function from the requirements of this section; or
(B) converted to performance by a contractor to circumvent a civilian personnel ceiling.
(b)
(1)
(A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that determination, consult with civilian employees who will be affected by that determination and consider the views of the employees on the development and preparation of that statement and that study; and
(B) may consult with the employees on other matters relating to that determination.
(2)
(A)
(B)
(3)
(c)
(1)
(A) The function for which the public-private competition is to be conducted.
(B) The location at which the function is performed by agency civilian employees.
(C) The number of agency civilian employee positions potentially affected.
(D) The anticipated length and cost of the public-private competition, and a specific identification of the budgetary line item from which funds will be used to cover the cost of the public-private competition.
(E) A certification that a proposed performance of the function by a contractor is not a result of a decision by an official of an executive agency to impose predetermined constraints or limitations on agency civilian employees in terms of man years, end strengths, full-time equivalent positions, or maximum number of employees.
(2)
(A) agency civilian employees who would be affected by such a conversion in performance; and
(B) the local community and the Federal Government, if more than 50 agency civilian employees perform the function.
(3)
(A)
(i) the report required by paragraph (1) has not been submitted; or
(ii) the certification required by paragraph (1)(E) was not included in the report required by paragraph (1).
(B)
(i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure.
(ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress.
(C)
(d)
(1) included on the procurement list established pursuant to section 8503 of this title; or
(2) planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely disabled people in accordance with chapter 85 of this title.
(e)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3715.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1710 | 41:439. | Pub. L. 93–400, §43, as added Pub. L. 110–181, title III, §327(a), Jan. 28, 2008, 122 Stat. 63. |
In the heading for subsection (d) and in subsection (d)(2), the words "disabled people" are substituted for "handicapped persons" for consistency with chapter 85 of the revised title.
§1711. Value engineering
Each executive agency shall establish and maintain cost-effective procedures and processes for analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply of the agency. The analysis shall be—
(1) performed by qualified agency or contractor personnel; and
(2) directed at improving performance, reliability, quality, safety, and life cycle costs.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3718.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1711 | 41:432. | Pub. L. 93–400, §36, as added Pub. L. 104–106, title XLIII, §4306(a), Feb. 10, 1996, 110 Stat. 665. |
§1712. Record requirements
(a)
(b)
(1) competitive procedures—
(A) the date of contract award;
(B) information identifying the source to whom the contract was awarded;
(C) the property or services the Federal Government obtains under the procurement; and
(D) the total cost of the procurement; or
(2) procedures other than competitive procedures—
(A) the information described in paragraph (1);
(B) the reason under section 3304(a) of this title or section 2304(c) of title 10 for using the procedures; and
(C) the identity of the organization or activity that conducted the procurement.
(c)
(d)
(1) ensure the accuracy of the information included in the record established and maintained by the agency under subsection (a); and
(2) transmit in a timely manner such information to the General Services Administration for entry into the Federal Procurement Data System referred to in section 1122(a)(4) of this title, or any successor system.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3718.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1712 | 41:417. | Pub. L. 93–400, §19, as added Pub. L. 98–369, title VII, §2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title IV, §4403, Oct. 13, 1994, 108 Stat. 3349; Pub. L. 110–417, title VIII, §874(b), Oct. 14, 2008, 122 Stat. 4558. |
§1713. Procurement data
(a)
(1)
(2)
(3)
(b)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3719.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1713(a) | 41:417a(b). | Pub. L. 100–533, title V, §502, Oct. 25, 1988, 102 Stat. 2697; Pub. L. 105–135, title VI, §604(f)(2), Dec. 2, 1997, 111 Stat. 2634. |
1713(b) | 41:417a(a). |
In subsection (b), the words "socially and economically disadvantaged individuals" are substituted for "socially and economically disadvantaged businesses" for consistency with the term set out in subsection (a).
References in Text
Section 204 of the Women's Business Ownership Act of 1988, referred to in subsec. (a)(3), is section 204 of Pub. L. 100–533, which is set out as a note under section 637 of Title 15, Commerce and Trade.
CHAPTER 19—SIMPLIFIED ACQUISITION PROCEDURES
Amendments
2012—Pub. L. 112–194, §2(a)(2), Oct. 5, 2012, 126 Stat. 1447, added item 1909.
§1901. Simplified acquisition procedures
(a)
(1) not greater than the simplified acquisition threshold; and
(2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.
(b)
(c)
(d)
(e)
(1) shall publish a notice in accordance with section 1708 of this title and, as provided in section 1708(c)(4) of this title, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) that the agency shall consider;
(2) may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with section 2304(f) of title 10 or section 3304(e) of this title, as applicable; and
(3) shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3719.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1901 | 41:427. | Pub. L. 93–400, §31, as added Pub. L. 103–355, title IV, §4201(a), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 104–106, title XLII, §4202(c), title XLIII, §4302(b), Feb. 10, 1996, 110 Stat. 653, 658, as amended Pub. L. 104–201, title X, §1074(b)(6) (less effective date), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 105–85, title VIII, §850(d), Nov. 18, 1997, 111 Stat. 1848. |
Section 31(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(e)) is omitted as obsolete.
In subsection (e)(2), the reference to section 253 of this title is limited to section 3303(e) of the revised title for clarity.
§1902. Procedures applicable to purchases below micro-purchase threshold
(a)
(b)
(1)
(2)
(c)
(d)
(e)
(f)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3720.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1902 | 41:428. | Pub. L. 93–400, §32, as added Pub. L. 103–355, title IV, §4301(a), Oct. 13, 1994, 108 Stat. 3346; |