41 U.S.C. § 101 — Administrator

Page 4 TITLE 41—PUBLIC CONTRACTS § 101 17. Agency Responsibilities and Proce- dures ................................................... 1701 19. Simplified Acquisition Procedures 1901 21. Restrictions on Obtaining and Dis- closing Certain Information ......... 2101 23. Miscellaneous ....................................... 2301 DIVISION C—PROCUREMENT 31. General .................................................. 3101 33. Planning and Solicitation ................. 3301 35. Truthful Cost or Pricing Data ......... 3501 37. Awarding of Contracts ....................... 3701 39. Specific Types of Contracts .............. 3901 41. Task and Delivery Order Contracts 4101 43. Allowable Costs ................................... 4301 45. Contract Financing ............................ 4501 47. Miscellaneous ....................................... 4701 Editorial Notes AMENDMENTS 2011—Pub. L. 112–81, div. A, title VIII, § 864(b)(2), Dec. 31, 2011, 125 Stat. 1524, added item for chapter 12. DIVISION A—GENERAL CHAPTER 1—DEFINITIONS SUBCHAPTER I—SUBTITLE DEFINITIONS Sec. 101. Administrator. 102. Commercial component. 103. Commercial product. 103a. Commercial service. 104. Commercially available off-the-shelf item. 105. Component. 106. Federal Acquisition Regulation. 107. Full and open competition. 108. Item and item of supply. 109. Major system. 110. Nondevelopmental item. 111. Procurement. 112. Procurement system. 113. Responsible source. 114. Standards. 115. Supplies. 116. Technical data. SUBCHAPTER II—DIVISION B DEFINITIONS 131. Acquisition. 132. Competitive procedures. 133. Executive agency. 134. Simplified acquisition threshold. SUBCHAPTER III—DIVISION C DEFINITIONS 151. Agency head. 152. Competitive procedures. 153. Simplified acquisition threshold for contract in support of humanitarian or peacekeeping operation. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 836(a)(3), Aug. 13, 2018, 132 Stat. 1860, substituted ‘‘Commercial prod- uct’’ for ‘‘Commercial item’’ in item 103 and added item 103a. SUBCHAPTER I—SUBTITLE DEFINITIONS § 101. Administrator In this subtitle, the term ‘‘Administrator’’ means the Administrator for Federal Procure- ment Policy appointed under section 1102 of this title. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3678.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101 ............. no source. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–74, § 1, July 30, 2024, 138 Stat. 1505, pro- vided that: ‘‘This Act [enacting section 6310 of this title and provisions set out as a note under section 6310 of this title] may be cited as the ‘All-American Flag Act’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–28, § 1, July 26, 2021, 135 Stat. 304, provided that: ‘‘This Act [amending provisions set out as a note under section 3309 of this title] may be cited as the ‘Construction Consensus Procurement Improvement Act of 2021’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. U, title IV, § 401, Dec. 27, 2020, 134 Stat. 2292, provided that: ‘‘This title [enacting provi- sions set out as a note under section 3309 of this title] may be cited as the ‘Construction Consensus Procure- ment Improvement Act of 2020’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–390, § 1(a), Dec. 21, 2018, 132 Stat. 5173, pro- vided that: ‘‘This Act [enacting subchapter III of chap- ter 13 of this title and section 4713 of this title, amend- ing sections 3553 and 3554 of Title 44, Public Printing and Documents, and section 3348 of Title 50, War and National Defense, and enacting provisions set out as notes under this section and sections 1321 and 4713 of this title, section 663 of Title 6, Domestic Security, and section 3553 of Title 44] may be cited as the ‘Strength- ening and Enhancing Cyber-capabilities by Utilizing Risk Exposure Technology Act’ or the ‘SECURE Tech- nology Act’.’’ Pub. L. 115–390, title II, § 201, Dec. 21, 2018, 132 Stat. 5178, provided that: ‘‘This title [enacting subchapter III of chapter 13 of this title and section 4713 of this title, amending sections 3553 and 3554 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under sections 1321 and 4713 of this title and section 3553 of Title 44] may be cited as the ‘Fed- eral Acquisition Supply Chain Security Act of 2018’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–260, § 1, Dec. 14, 2016, 130 Stat. 1361, pro- vided that: ‘‘This Act [amending section 4106 of this title] may be cited as the ‘GAO Civilian Task and De- livery Order Protest Authority Act of 2016’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–194, § 1, Oct. 5, 2012, 126 Stat. 1445, provided that: ‘‘This Act [enacting section 1909 of this title, amending section 2784 of Title 10, Armed Forces, enact- ing provisions set out as notes under section 1909 of this title and section 5701 of Title 5, Government Organiza- tion and Employees, and amending provisions set out as a note under section 5701 of Title 5] may be cited as the ‘Government Charge Card Abuse Prevention Act of 2012’.’’ SHORT TITLE OF 2008 ACT Pub. L. 110–417, [div. A], title VIII, § 861, Oct. 14, 2008, 122 Stat. 4546, provided that: ‘‘This subtitle [subtitle G (§§ 861–874) of title VIII of Pub. L. 110–417, see Tables for classification] may be cited as the ‘Clean Contracting Act of 2008’.’’ Pub. L. 110–252, title VI, § 6101, June 30, 2008, 122 Stat. 2386, provided that: ‘‘This chapter [chapter 1 Page 5 TITLE 41—PUBLIC CONTRACTS § 103 (§§ 6101–6103) of title VI of Pub. L. 110–252, see Tables for classification] may be cited as the ‘Close the Con- tractor Fraud Loophole Act’.’’ SHORT TITLE OF 2003 ACT Pub. L. 108–136, div. A, title XIV, § 1401, Nov. 24, 2003, 117 Stat. 1663, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Services Acquisi- tion Reform Act of 2003’.’’ SHORT TITLE OF 1996 ACT Pub. L. 104–106, div. D, § 4001, Feb. 10, 1996, 110 Stat. 642, as amended by Pub. L. 104–208, div. A, title I, § 101(f) [title VIII, § 808(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–393, provided that: ‘‘This division [div. D (§§ 4001–4402) of Pub. L. 104–106, see Tables for classifica- tion] and division E [§§ 5001–5703 of Pub. L. 104–106, re- pealed and reenacted, generally, as subtitle III (§ 11101 et seq.) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, see Tables for complete classification] may be cited as the ‘Clinger-Cohen Act of 1996’.’’ SHORT TITLE OF 1994 ACT Pub. L. 103–355, § 1, Oct. 13, 1994, 108 Stat. 3243, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Acquisition Streamlining Act of 1994’.’’ SHORT TITLE OF 1988 ACT Pub. L. 100–679, § 1, Nov. 17, 1988, 102 Stat. 4055, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Office of Federal Procurement Pol- icy Act Amendments of 1988’.’’ Pub. L. 100–418, title VII, § 7001, Aug. 23, 1988, 102 Stat. 1545, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Buy American Act of 1988’.’’ SHORT TITLE OF 1986 ACT Pub. L. 99–634, § 1, Nov. 7, 1986, 100 Stat. 3523, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Anti-Kickback Enforcement Act of 1986’.’’ SHORT TITLE OF 1984 ACT Pub. L. 98–577, § 1, Oct. 30, 1984, 98 Stat. 3066, provided that this Act [see Tables for classification] may be cited as the ‘‘Small Business and Federal Procurement Competition Enhancement Act of 1984’’. Pub. L. 98–369, div. B, title VII, § 2701, July 18, 1984, 98 Stat. 1175, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Competition in Con- tracting Act of 1984’.’’ SHORT TITLE OF 1983 ACT Pub. L. 98–191, § 1, Dec. 1, 1983, 97 Stat. 1325, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Office of Federal Procurement Policy Act Amendments of 1983’.’’ SHORT TITLE OF 1979 ACT Pub. L. 96–83, § 1(a), Oct. 10, 1979, 93 Stat. 648, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Office of Federal Procurement Policy Act Amendments of 1979’.’’ SHORT TITLE OF 1974 ACT Pub. L. 93–400, § 1(a), Aug. 30, 1974, 88 Stat. 796, as amended by Pub. L. 103–355, title X, § 10005(a)(1), Oct. 13, 1994, 108 Stat. 3406, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Office of Federal Procurement Policy Act’.’’ SHORT TITLE OF 1949 ACT Act June 30, 1949, ch. 288, § 1(a), 63 Stat. 377, as amend- ed by Pub. L. 103–355, title X, § 10005(a)(2), Oct. 13, 1994, 108 Stat. 3406; Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, § 2(b)(1), Dec. 15, 2003, 117 Stat. 2640, provided that: ‘‘This Act [see Tables for clas- sification] may be cited as the ‘Federal Property and Administrative Services Act of 1949’.’’ [Pub. L. 107–217, § 6(b), which had repealed section 1(a) of act June 30, 1949, set out above, was itself repealed effective Aug. 21, 2002, by Pub. L. 108–178, § 2(b)(1), inso- far as it related to section 1(a) of act June 30, 1949, and Pub. L. 108–178, § 2(b)(1), further provided that section 1(a) of act June 30, 1949, was revived to read as if Pub. L. 107–217, § 6(b), had not been enacted.] SHORT TITLE OF 1936 ACT Act June 30, 1936, ch. 881, § 14, formerly § 12, as added by Pub. L. 103–355, title X, § 10005(f)(5), Oct. 13, 1994, 108 Stat. 3409; renumbered § 14, Pub. L. 104–106, div. D, title XLIII, § 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Walsh-Healey Act’.’’ SHORT TITLE OF 1933 ACT Act Mar. 3, 1933, ch. 212, title III, § 7, formerly § 5, as added by Pub. L. 103–355, title X, § 10005(f)(4), Oct. 13, 1994, 108 Stat. 3409; renumbered § 7 and amended by Pub. L. 104–106, div. D, title XLIII, § 4321(a)(11), Feb. 10, 1996, 110 Stat. 671, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Buy American Act’.’’ § 102. Commercial component In this subtitle, the term ‘‘commercial compo- nent’’ means a component that is a commercial product. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3678; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(A), Aug. 13, 2018, 132 Stat. 1860.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102 ............. 41:259(c)(13). June 30, 1949, ch. 288, title III, § 309(c)(13), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, § 504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1551, Oct. 13, 1994, 108 Stat. 3299. 41:264a (‘‘commer- cial component’’). June 30, 1949, ch. 288, title III, § 314A (‘‘commercial component’’), as added Pub. L. 103–355, title VIII, § 8202, Oct. 13, 1994, 108 Stat. 3394. 41:403(15). Pub. L. 93–400, § 4(15), as added Pub. L. 103–355, title VIII, § 8001(a), Oct. 13, 1994, 108 Stat. 3386. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘commercial prod- uct’’ for ‘‘commercial item’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 103. Commercial product In this subtitle, the term ‘‘commercial prod- uct’’ means any of the following: (1) A product, other than real property, that—