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41 U.S.C. § 1122 — Functions

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

41 U.S.C. § 1122 — Functions

**(a) In General.—** The functions of the Administrator include— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1712&num=0&edition=prelim); (5) providing for and directing the activities of the Federal Acquisition Institute established under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1201&num=0&edition=prelim), including recommending to the Administrator of General Services a sufficient budget for such activities.11 So in original. The period probably should be a semicolon. (6) administering section 1703(a) to (i) of this title; (7) establishing criteria and procedures to ensure the effective and timely solicitation of th

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Source location: Title 41, Chapter 11, § 1122; chapter-011-chapter-11.md

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**(a) In General.—** The functions of the Administrator include— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1712&num=0&edition=prelim); (5) providing for and directing the activities of the Federal Acquisition Institute established under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1201&num=0&edition=prelim), including recommending to the Administrator of General Services a sufficient budget for such activities.11 So in original. The period probably should be a semicolon. (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 31(b) of the Small Business Act), 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 31(b) of the Small Business Act), 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) Consultation and Assistance.—** In carrying out the functions in subsection (a), the Administrator— (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) Assignment, Delegation, or Transfer.—** (1) **To administrator.—** — Except as otherwise provided by law, only duties, functions, or responsibilities expressly assigned by this division shall be assigned, delegated, or transferred to the Administrator. (2) **By administrator.—** (A) *Within office.—* — The Administrator may make and authorize delegations within the Office of Federal Procurement Policy that the Administrator determines to be necessary to carry out this division. (B) *To another executive agency.—* — The Administrator may delegate, and authorize successive redelegations of, an authority, function, or power of the Administrator under this division (other than the authority to provide overall direction of Federal procurement policy and to prescribe policies and regulations to carry out the policy) to another executive agency with the consent of the head of the executive agency or at the direction of the President.

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

41 U.S.C. § 1712 — Record requirements

**(a) Maintaining Records on Computer.—** Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year. **(b) Contents.—** The record established under subsection (a) shall include, with respect to each procurement carried out using— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) or [section 3204(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim) for using the procedures; and (C) the identity of the organization or activity that conducted the procurement. **(c) Separate Record Category for Procurements Resulting in One Bid or Proposal.—** Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”. **(d) Transmission and Data Entry of Information.—** The head of each executive agency shall— (1) ensure the accuracy of the information in

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1712

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

41 U.S.C. § 134 — Simplified acquisition threshold

In division B, the term “simplified acquisition threshold” means $250,000.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134

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

15 U.S.C. § 644 — Awards or contracts

**(a) Small business procurements** (1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full productive capacity of the United States; (B) war or national defense programs; or (C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns. (2) **Industry category defined** (A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic requirements, except as provided in subparagraph (B); (iv) due to unique Federal buying patterns or requirements; or (v) to recognize a new industry. (B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless— (i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed; (ii) Governmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644

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

15 U.S.C. § 657a — HUBZone program

**(a) In general** There is established within the Administration a program (to be known as the HUBZone program) to be carried out by the Administrator to provide for Federal contracting assistance, including promoting economic development in economically distressed areas (as defined in section 636(m)(11)),11 See References in Text note below. to qualified HUBZone small business concerns in accordance with this section. **(b) Definitions relating to HUBZones** In this section: (1) **Historically underutilized business zone** — The terms “historically underutilized business zone” or “HUBZone” mean any area located within 1 or more— (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; (D) redesignated areas; (E) base closure areas; (F) qualified disaster areas; or (G) a Governor-designated covered area. (2) **HUBZone small business concern** — The term “HUBZone small business concern” means— (A) a small business concern that is at least 51 percent owned and controlled by United States citizens; (B) a small business concern that is— (i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to [section 1626(e)(1) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626/e/1&num=0&edition=prelim)); or (ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to [section 1626(e)(1) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626/e/1&num=0&edition=prelim), if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to [secti

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657a

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

15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632

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

41 U.S.C. § 1201 — Federal Acquisition Institute

**(a) In General.—** There is established a Federal Acquisition Institute (FAI) in order to— (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) Budget Resources and Authority.—** (1) **In general.—** — The Administrator shall recommend to the A

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1201

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

15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631

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

41 U.S.C. § 1122 — Functions

Page 15 TITLE 41—PUBLIC CONTRACTS § 1122 1 So in original. The period probably should be a semicolon. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 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 super- seded 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). Statutory Notes and Related Subsidiaries 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 Invest- ment Act of 1958’ ([former] 41 U.S.C. 405a) [now 41 U.S.C. 1121(c)(2), 1123] to the extent they are incon- sistent 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 TECH- NOLOGIES AND SERVICES BY STATE AND LOCAL GOVERN- MENTS.—The Administrator for Federal Procurement Policy shall establish a program under which States and units of local government

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1122

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