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41 U.S.C. § 1121 — General authority

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1121 — General authority

**(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

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Source location: Title 41, Chapter 11, § 1121; chapter-011-chapter-11.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 101 — Administrator

In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 11302 — Capital planning and investment control

**(a) Federal Information Technology.—** The Director of the Office of Management and Budget shall perform the responsibilities set forth in this section in fulfilling the responsibilities under [section 3504(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3504/h&num=0&edition=prelim). **(b) Use of Information Technology in Federal Programs.—** The Director shall promote and improve the acquisition, use, security, and disposal of information technology by the Federal Government to improve the productivity, efficiency, and effectiveness of federal programs, including through dissemination of public information and the reduction of information collection burdens on the public. **(c) Use of Budget Process.—** (1) **Definitions.—** — In this subsection: (A) The term “covered agency” means an agency listed in section 901(b)(1) or 901(b)(2) of title 31. (B) The term “major information technology investment” means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director. (C) The term “national security system” has the meaning provided in [section 3542 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3542&num=0&edition=prelim).11 See References in Text note below. (2) **Analyzing, tracking, and evaluating capital investments.—** — As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks, including information security risks, and results of all major capital investments made by an executive agency for information systems. The process shall cover the life of each system and shall inc

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4556 — Regulations and orders

**(a) In general** Subject to [section 4559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4559&num=0&edition=prelim) and subsection (b), the President may prescribe such regulations and issue such orders as the President may determine to be appropriate to carry out this chapter. **(b) Procurement regulations** Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now [41 U.S.C. 1302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302&num=0&edition=prelim), 1303], and shall conform to any governmentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see [41 U.S.C. 1121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121&num=0&edition=prelim) et seq., 1302, 1303].

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1121 — General authority

Page 14 TITLE 41—PUBLIC CONTRACTS § 1102 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) HEAD OF OFFICE.—The head of the Office of Federal Procurement Policy is the Adminis- trator for Federal Procurement Policy. (b) APPOINTMENT.—The Administrator is ap- pointed by the President, by and with the advice and consent of the Senate. (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) 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) OVERALL DIRECTION AND LEADERSHIP.—The Administrator shall provide overall direction of procurement policy and leadership in the devel- opment of procurement systems of the executive agencies. (b) FEDERAL ACQUISITION REGULATION.—To the extent that the Administrator considers appro- priate 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 Admi

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