41 U.S.C. § 1102 — Administrator

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.