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

Page 21 TITLE 41—PUBLIC CONTRACTS § 1201 § 1128. Maintaining necessary capability with re- spect to acquisition of architectural and en- gineering services The Administrator, in consultation with the Secretary of Defense, the Administrator of Gen- eral Services, and the Director of the Office of Personnel Management, shall develop and im- plement a plan to ensure that the Federal Gov- ernment maintains the necessary capability with respect to the acquisition of architectural and engineering services to— (1) ensure that Federal Government employ- ees have the expertise to determine agency re- quirements for those services; (2) establish priorities and programs, includ- ing 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.) HISTORICAL AND REVISION NOTES 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 cen- ter 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.) HISTORICAL AND REVISION NOTES 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 au- thorities or responsibilities relating to the pro- curement 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.) HISTORICAL AND REVISION NOTES 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 sys- tems in making the assessment. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.) HISTORICAL AND REVISION NOTES 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 Sec. 1201. Federal Acquisition Institute. § 1201. Federal Acquisition Institute (a) IN GENERAL.—There is established a Fed- eral Acquisition Institute (FAI) in order to— (1) foster and promote the development of a professional acquisition workforce Govern- ment-wide; (2) promote and coordinate Government- wide research and studies to improve the pro- curement process and the laws, policies, meth- ods, regulations, procedures, and forms relat- ing 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 identi- fying and recruiting highly qualified can- didates for acquisition fields; (6) develop instructional materials for acqui- sition 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 utiliza- tion of academic programs by colleges and universities in acquisition fields; (9) facilitate, to the extent requested by agencies, interagency intern and training pro- grams; (10) collaborate with other civilian agency acquisition training programs to leverage training supporting all members of the civil- ian agency acquisition workforce; (11) assist civilian agencies with their acqui- sition and capital planning efforts; and (12) perform other career management or re- search functions as directed by the Adminis- trator. Page 22 TITLE 41—PUBLIC CONTRACTS § 1301 (b) BUDGET RESOURCES AND AUTHORITY.— (1) IN GENERAL.—The Administrator shall recommend to the Administrator of General Services sufficient budget resources and au- thority for the Federal Acquisition Institute to support Government-wide training stand- ards and certification requirements necessary to enhance the mobility and career opportuni- ties of the Federal acquisition workforce. (2) ACQUISITION WORKFORCE TRAINING FUND.— Subject to the availability of funds, the Ad- ministrator of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce train- ing fund established under section 1703(i) of this title sufficient to meet the annual budget for the Federal Acquisition Institute re- quested by the Administrator under paragraph (1). (c) FEDERAL ACQUISITION INSTITUTE BOARD OF DIRECTORS.— (1) REPORTING TO ADMINISTRATOR.—The Fed- eral Acquisition Institute shall report through its Board of Directors directly to the Adminis- trator. (2) COMPOSITION.—The Board shall be com- posed of not more than 8 individuals from the Federal Government representing a mix of ac- quisition functional areas, all of whom shall be appointed by the Administrator. (3) DUTIES.—The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute— (A) meets its statutory requirements; (B) meets the needs of the Federal acquisi- tion workforce; (C) implements appropriate programs; (D) coordinates with appropriate organiza- tions 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 Acqui- sition University. (4) RECOMMENDATIONS.—The Board shall make recommendations to the Administrator regarding the development and execution of the annual budget of the Federal Acquisition Institute. (d) DIRECTOR.—The Director of the Federal Ac- quisition Institute shall be appointed by, be sub- ject to the direction and control of, and report directly to the Administrator. (e) ANNUAL REPORT.—The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on the pro- jected budget needs and expense plans of the Federal Acquisition Institute to fulfill its man- date. (Added Pub. L. 112–81, div. A, title VIII, § 864(b)(1), Dec. 31, 2011, 125 Stat. 1523.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. 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 poli- cies, procedures, training standards, and certification requirements for acquisition positions in the Depart- ment of Defense, as provided in chapter 87 of title 10, United States Code.’’ TRAINING COURSE ON HUMAN TRAFFICKING AND GOVERNMENT CONTRACTING Pub. L. 115–425, title I, § 113, Jan. 8, 2019, 132 Stat. 5477, provided that: ‘‘Any curriculum, including any con- tinuing education curriculum, for the acquisition workforce used by the Federal Acquisition Institute es- tablished under section 1201 of title 41, United States Code, shall include at least 1 course, lasting at least 30 minutes, regarding the law and regulations relating to human trafficking and contracting with the Federal Government.’’ CHAPTER 13—ACQUISITION COUNCILS SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY COUNCIL Sec. 1301. Definition. 1302. Establishment and membership. 1303. Functions and authority. 1304. Contract clauses and certifications. SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL 1311. Establishment and membership. 1312. Functions. SUBCHAPTER III—FEDERAL ACQUISITION SUPPLY CHAIN SECURITY 1321. Definitions. 1322. Federal Acquisition Security Council estab- lishment and membership. 1323. Functions and authorities. 1324. Strategic plan. 1325. Annual report. 1326. Requirements for executive agencies. 1327. Judicial review procedures. 1328. Termination. Editorial Notes AMENDMENTS 2018—Pub. L. 115–390, title II, § 202(b), Dec. 21, 2018, 132 Stat. 5188, added item for subchapter III and items 1321 to 1328. SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY COUNCIL § 1301. Definition In this subchapter, the term ‘‘Council’’ means the Federal Acquisition Regulatory Council es- tablished under section 1302(a) of this title.