41 U.S.C. § 1121 : Public Contracts — Federal Procurement Policy — Establishment Of Office And Authority And Functions Of Administrator — Authority And Functions Of The Administrator — Office Of Federal Procurement Policy — General Authority

  • Date:

(a) Overall Direction and Leadership.— The Administrator shall provide overall direction of procurement policy and leadership in the development of procurement systems of the executive agencies.

(b) Federal Acquisition Regulation.— To the extent that the Administrator considers appropriate in carrying out the policies and functions set forth in this division, and with due regard for applicable laws and the program activities of the executive agencies, the Administrator may prescribe Government-wide procurement policies. The policies shall be implemented in a single Government-wide procurement regulation called the Federal Acquisition Regulation.

(c) Policies To Be Followed by Executive Agencies.—


(1) Areas of procurement for which policies are to be followed.—

The policies implemented in the Federal Acquisition Regulation shall be followed by executive agencies in the procurement of—
(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) Procedures to ensure compliance.— The Administrator shall establish procedures to ensure compliance with the Federal Acquisition Regulation by all executive agencies.


(3) Application of other laws.— The authority of an executive agency under another law to prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in this section and sections 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title.


(d) When Certain Agencies Are Unable To Agree or Fail To Act.— In any instance in which the Administrator determines that the Department of Defense, the National Aeronautics and Space Administration, and the General Services Administration are unable to agree on or fail to issue Government-wide regulations, procedures, and forms in a timely manner, including regulations, procedures, and forms necessary to implement prescribed policy the Administrator initiates under subsection (b), the Administrator, with due regard for applicable laws and the program activities of the executive agencies and consistent with the policies and functions set forth in this division, shall prescribe Government-wide regulations, procedures, and forms which executive agencies shall follow in procuring items listed in subsection (c)(1).

(e) Oversight of Procurement Regulations of Other Agencies.— The Administrator, with the concurrence of the Director of the Office of Management and Budget, and with consultation with the head of the agency concerned, may deny the promulgation of or rescind any Government-wide regulation or final rule or regulation of any executive agency relating to procurement if the Administrator determines that the rule or regulation is inconsistent with any policies, regulations, or procedures issued pursuant to subsection (b).

(f) Limitation on Authority.—
The authority of the Administrator under this division shall not be construed to—

(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.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1121(a)–(c) (1)

41:405(a).

Pub. L. 93–400, § 6(a), 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. 1326; Pub. L. 100–679, § 3(a)(1), Nov. 17, 1988, 102 Stat. 4055.

1121(c)(2)

41:405a (1st sentence).

Pub. L. 95–507, title II, § 222 (1st sentence), Oct. 24, 1978, 92 Stat. 1771.

1121(c)(3)

41:408.

Pub. L. 93–400, § 9, Aug. 30, 1974, 88 Stat. 799.

1121(d)

41:405(b).

Pub. L. 93–400, § 6(b), 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. 1327; Pub. L. 100–679, § 3(a)(2), Nov. 17, 1988, 102 Stat. 4055; Pub. L. 104–106, title XLIII, § 4322(a)(1), Feb. 10, 1996, 110 Stat. 677.

1121(e)

41:405(f).

Pub. L. 93–400, § 6(f), 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. 100–679, § 3(a)(4), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 104–201, title X, § 1074(f)(1), Sept. 23, 1996, 110 Stat. 2661.

1121(f)

41:405(c).

Pub. L. 93–400, § 6(c), 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. 1327.

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) Procurements of Anti-Terrorism Technologies and Services by State and Local Governments.— The Administrator for Federal Procurement Policy shall establish a program under which States and units of local government may procure through contracts entered into by the Department of Defense or the Department of Homeland Security anti-terrorism technologies or anti-terrorism services for the purpose of preventing, detecting, identifying, deterring, or recovering from acts of terrorism.

“(b) Authorities.— Under the program, the Secretary of Defense and the Secretary of Homeland Security may, but shall not be required to, award contracts using the procedures established by the Administrator of General Services for the multiple awards schedule program of the General Services Administration.

“(c) Definition.— In this section, the term ‘State or local government’ has the meaning provided in section 502(c)(3) of title 40, United States Code.”


Profit Methodology Study

Pub. L. 100–679, § 7, Nov. 17, 1988, 102 Stat. 4068, provided that:


“(a) In General.— The Administrator shall conduct a study to develop a consistent methodology which executive agencies should use for measuring the profits earned by government contractors on procurements, other than procurements where the price is based on adequate price competition or on established catalog or market prices of commercial items sold in substantial quantities to the general public.

“(b) Contractors’ Financial Data.— The methodology developed under subsection (a) shall include adequate procedures for verifying and maintaining the confidentiality of contractors’ financial data.”

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