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 Administrator may prescribe Government-wide procurement poli- cies. The policies shall be implemented in a sin- gle Government-wide procurement regulation called the Federal Acquisition Regulation. (c) POLICIES TO BE FOLLOWED BY EXECUTIVE AGENCIES.— (1) AREAS OF PROCUREMENT FOR WHICH POLI- CIES ARE TO BE FOLLOWED.—The policies imple- mented 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 devel- opment; 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 Acquisi- tion Regulation by all executive agencies. (3) APPLICATION OF OTHER LAWS.—The au- thority of an executive agency under another law to prescribe policies, regulations, proce- dures, 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 Aero- nautics and Space Administration, and the Gen- eral Services Administration are unable to agree on or fail to issue Government-wide regulations, procedures, and forms in a timely manner, in- cluding regulations, procedures, and forms nec- essary to implement prescribed policy the Ad- ministrator 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 pre- scribe 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 Govern- ment-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, reg- ulations, or procedures issued pursuant to sub- section (b). (f) LIMITATION ON AUTHORITY.—The authority of the Administrator under this division shall not be construed to— (1) impair or interfere with the determina- tion by executive agencies of their need for, or their use of, specific property, services, or con- struction, including particular specifications for the property, services, or construction; or (2) interfere with the determination by exec- utive 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 sen- tence). 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. 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 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 re- covering 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, pro- vided that: ‘‘(a) IN GENERAL.—The Administrator shall conduct a study to develop a consistent methodology which exec- utive 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 method- ology developed under subsection (a) shall include ade- quate procedures for verifying and maintaining the confidentiality of contractors’ financial data.’’ § 1122. Functions (a) IN GENERAL.—The functions of the Admin- istrator include— (1) providing leadership and ensuring action by the executive agencies in establishing, de- veloping, and maintaining the single system of simplified Government-wide procurement reg- ulations and resolving differences among the executive agencies in developing simplified Government-wide procurement regulations, procedures, and forms; (2) coordinating the development of Govern- ment-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 activi- ties of the computer-based Federal Procure- ment Data System (including recommending to the Administrator of General Services a sufficient budget for those activities), which shall be located in the General Services Ad- ministration, 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 estab- lished under section 1201 of this title, includ- ing 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 de- velopment of procurement policies, regula- tions, procedures, and forms; (8) developing standard contract forms and contract language in order to reduce the Fed- eral 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 Ad- ministration, that ensure that small busi- nesses, qualified HUBZone small business con- cerns (as defined in section 31(b) of the Small Business Act), small businesses owned and controlled by socially and economically dis- advantaged individuals, and small businesses owned and controlled by women are provided with the maximum practicable opportunities to participate in procurements that are con- ducted for amounts below the simplified acqui- sition threshold; (12) developing policies that will promote achievement of goals for participation by small businesses, small business concerns owned and controlled by service-disabled vet- erans, qualified HUBZone small business con- cerns (as defined in section 31(b) of the Small Business Act), small businesses owned and controlled by socially and economically dis-