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41 U.S.C. § 151 — Agency head

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41 U.S.C. § 151 — Agency head

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Stable record: federal_law:legal_authorities:usc2024-56e2dddd3f45dcf62fdb80dd
Source file: Laws/federal/codes/united-states-code-2024/title-41/section-151-agency-head--abc61d4636.md
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Source location: USCODE-2024-title41-subtitleI-divsnA-chap1-subchapIII-sec151.pdf

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Page 10 TITLE 41—PUBLIC CONTRACTS § 131 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 41:403(8). Pub. L. 93–400, § 4(8), for- merly § 4(9), as added Pub. L. 98–577, title I, § 102(3), Oct. 30, 1984, 98 Stat. 3067; redesignated as § 4(8), Pub. L. 100–679, § 3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, § 8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. SUBCHAPTER II—DIVISION B DEFINITIONS § 131. Acquisition In division B, the term ‘‘acquisition’’— (1) means the process of acquiring, with ap- propriated amounts, by contract for purchase or lease, property or services (including con- struction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agen- cy are established in consultation with the chief acquisition officer of the executive agen- cy; and (2) includes— (A) the process of acquiring property or services that are already in existence, or that must be created, developed, dem- onstrated, and evaluated; (B) the description of requirements to sat- isfy agency needs; (C) solicitation and selection of sources; (D) award of contracts; (E) contract performance; (F) contract financing; (G) management and measurement of con- tract performance through final delivery and payment; and (H) technical and management functions directly related to the process of fulfilling agency requirements by contract. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 131 ............. 41:403(16). Pub. L. 93–400, § 4(16), as added Pub. L. 108–136, title XIV, § 1411, Nov. 24, 2003, 117 Stat. 1663. § 132. Competitive procedures In division B, the term ‘‘competitive proce- dures’’ means procedures under which an agency enters into a contract pursuant to full and open competition. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 132 ............. 41:403(5). Pub. L. 93–400, § 4(5), for- merly § 4(6), as added Pub. L. 98–369, title VII, § 2731(3), July 18, 1984, 98 Stat. 1195; redesignated as § 4(5), Pub. L. 100–679, § 3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, § 8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. § 133. Executive agency In division B, the term ‘‘executive agency’’ means— (1) an executive department specified in sec- tion 101 of title 5; (2) a military department specified in sec- tion 102 of title 5; (3) an independent establishment as defined in section 104(1) of title 5; and (4) a wholly owned Government corporation fully subject to chapter 91 of title 31. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 133 ............. 41:403(1). Pub. L. 93–400, § 4(1), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, § 3, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, § 4, Dec. 1, 1983, 97 Stat. 1326; Pub. L. 103–355, title VIII, § 8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. § 134. Simplified acquisition threshold In division B, the term ‘‘simplified acquisition threshold’’ means $250,000. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682; Pub. L. 115–91, div. A, title VIII, § 805, Dec. 12, 2017, 131 Stat. 1456.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 134 ............. 41:403(11). Pub. L. 93–400, § 4(11), as added Pub. L. 101–510, title VIII, § 806(a)(1), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103–355, title IV, § 4001, title VIII, § 8001(b)(1), (2), Oct. 13, 1994, 108 Stat. 3338, 3386. Editoral Notes AMENDMENTS 2017—Pub. L. 115–91 substituted ‘‘$250,000’’ for ‘‘$100,000’’. SUBCHAPTER III—DIVISION C DEFINITIONS Statutory Notes and Related Subsidiaries DEFINITIONS For additional definitions of terms used in division C of this subtitle, with certain exceptions, see section 102 of Title 40, Public Buildings, Property, and Works. § 151. Agency head In division C, the term ‘‘agency head’’ means the head or any assistant head of an executive agency, and may at the option of the Adminis- trator of General Services include the chief offi- cial of any principal organizational unit of the General Services Administration. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 151 ............. 41:259(a). June 30, 1949, ch. 288, title III, § 309(a), 63 Stat. 397. Page 11 TITLE 41—PUBLIC CONTRACTS § 153 § 152. Competitive procedures In division C, the term ‘‘competitive proce- dures’’ means procedures under which an execu- tive agency enters into a contract pursuant to full and open competition. The term also in- cludes— (1) procurement of architectural or engineer- ing services conducted in accordance with chapter 11 of title 40; (2) the competitive selection of basic re- search proposals resulting from a general so- licitation and the peer review or scientific re- view (as appropriate) of those proposals; (3) the procedures established by the Admin- istrator of General Services for the multiple awards schedule program of the General Serv- ices Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders and contracts under those proce- dures result in the lowest overall cost alter- native to meet the needs of the Federal Gov- ernment; (4) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business con- cerns that are entitled to submit offers for those procurements are permitted to compete; and (5) a competitive selection of research pro- posals resulting from a general solicitation and peer review or scientific review (as appro- priate) solicited pursuant to section 9 of that Act (15 U.S.C. 638). (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3683.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 152 ............. 41:259(b). June 30, 1949, ch. 288, § 309(b), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, § 504(a)(3), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 105–85, title X, § 1073(g)(1), Nov. 18, 1997, 111 Stat. 1906. § 153. Simplified acquisition threshold for con- tract in support of humanitarian or peace- keeping operation (1) IN GENERAL.—In division C, the term ‘‘sim- plified acquisition threshold’’ has the meaning provided that term in section 134 of this title, except that, in the case of a contract to be awarded and performed, or purchase to be made, outside the United States in support of a hu- manitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in section 134 of this title. (2) DEFINITION.—In paragraph (1), the term ‘‘humanitarian or peacekeeping operation’’ means a military operation in support of the provision of humanitarian or foreign disaster as- sistance or in support of a peacekeeping oper- ation under chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3683.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 153(1) ......... 41:259(d)(1). June 30, 1949, ch. 288, title III, § 309(d)(1), as added Pub. L. 103–355, title I, § 1551, Oct. 13, 1994, 108 Stat. 3299; Pub. L. 104–201, title VIII, § 807(b)(1), (2), Sept. 23, 1996, 110 Stat. 2606. 153(2) ......... 41:259(d)(2). June 30, 1949, ch. 288, title III, § 309(d)(2), as added Pub. L. 104–201, title VIII, § 807(b)(3), Sept. 23, 1996, 110 Stat. 2606. In paragraph (1), the words ‘‘a contingency operation or’’, and the text of 41 U.S.C. 259(d)(2)(A), are omitted because the increased simplified acquisition threshold established under section 32A of the Office of Federal Procurement Policy Act (Public Law 93–400) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation supersedes the threshold estab- lished under this section. Section 32A is restated as sec- tion 1903 of the revised title. DIVISION B—OFFICE OF FEDERAL PROCUREMENT POLICY CHAPTER 11—ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF AD- MINISTRATOR SUBCHAPTER I—GENERAL Sec. 1101. Office of Federal Procurement Policy. 1102. Administrator. SUBCHAPTER II—AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR 1121. General authority. 1122. Functions. 1123. Small business concerns. 1124. Tests of innovative procurement methods and procedures. 1125. Recipients of Federal grants or assistance. 1126. Policy regarding consideration of contractor past performance. 1127. Determining benchmark compensation amount. 1128. Maintaining necessary capability with re- spect to acquisition of architectural and en- gineering services. 1129. Center of excellence in contracting for serv- ices. 1130. Effect of division on other law. 1131. Annual report. AMENDMENT OF ANALYSIS Pub. L. 113–67, div. A, title VII, § 702(b)(2), (c), Dec. 26, 2013, 127 Stat. 1189, provided that, applicable only with respect to costs of com- pensation incurred under contracts entered into on or after the date that is 180 days after Dec. 26, 2013, this analysis is amended by striking out item 1127. See 2013 Amendment note below. Pub. L. 113–66, div. A, title VIII, § 811(c)(2), (d), Dec. 26, 2013, 127 Stat. 806, provided that, applicable with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after Dec. 26, 2013, this analysis is amended by striking out item 1127. See 2013 Amendment note below. Editorial Notes AMENDMENTS 2013—Pub. L. 113–66, div. A, title VIII, § 811(c)(2), Dec. 26, 2013, 127 Stat. 806, and Pub. L. 113–67, div. A, title

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

15 U.S.C. § 638 — Research and development

**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy. **(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered— (1) to assist small-business concerns to obtain Government contracts for research and development; (2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense; (3) to provide technical assistance to small-business concerns to accomplish the purposes of this section; (4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs; (5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to

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

15 U.S.C. § 638 — Research and development

Page 922 TITLE 15—COMMERCE AND TRADE § 637d (3) the term ‘‘Government procurement con- tract’’ means any contract for the procure- ment of any goods or services by any Federal agency. (Pub. L. 95–507, title II, § 224(a), Oct. 24, 1978, 92 Stat. 1772; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 95–507, Oct. 24, 1978, 92 Stat. 1757. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of the Small Busi- ness Act which comprises this chapter. AMENDMENTS 2004—Par. (2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. § 637d. Subcontracting plan reports (1) Reporting requirements Not later than 1 year after January 2, 2013, the Administrator of the Small Business Adminis- tration shall take such actions as are necessary to ensure that the electronic subcontracting re- porting system established by the Administra- tion to carry out the requirement of section 637(d)(6)(E) of this title is modified to ensure that it can identify entities that fail to submit required reports. (2) Annual report Not later than March 31 of each year, the Ad- ministrator of the Small Business Administra- tion shall provide the Committee on Small Busi- ness of the House of Representatives and the Committee on Small Business and Entrepre- neurship of the Senate a report, based on data available through existing systems, that sets forth, by agency (and to the extent practicable, by type of goal or plan), the following informa- tion: (A) the percentage of entities required to submit reports pursuant to section 637(d)(6) of this title that filed such reports and that failed t

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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

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

15 U.S.C. § 644 — Awards or contracts

Page 973 TITLE 15—COMMERCE AND TRADE § 644 Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title. § 643. Fair charge for use of Government-owned property To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will re- sult in a recovery of the direct costs incurred by the Administration. (Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title. § 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 determina- tion of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full pro- ductive capacity of the United States; (B) war or national defense programs; or (C) assuring that a

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

41 U.S.C. § 151 — Agency head

In division C, the term “agency head” means the head or any assistant head of an executive agency, and may at the option of the Administrator of General Services include the chief official of any principal organizational unit of the General Services Administration.

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