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41 U.S.C. § 3103 — Acquisition programs

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

41 U.S.C. § 3103 — Acquisition programs

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Page 86 TITLE 41—PUBLIC CONTRACTS § 3103 ficer or official of that agency any power under this division. (b) PROCUREMENTS FOR OR WITH ANOTHER AGENCY.—Subject to subsection (a), to facilitate the procurement of property and services cov- ered by this division by an executive agency for another executive agency, and to facilitate joint procurement by executive agencies— (1) the head of an executive agency may del- egate functions and assign responsibilities re- lating to procurement to any officer or em- ployee within the agency; (2) the heads of 2 or more executive agencies, consistent with section 1535 of title 31 and reg- ulations prescribed under section 1074 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 31 U.S.C. 1535 note), may by agreement delegate procurement functions and assign procurement responsibilities from one executive agency to another of those exec- utive agencies or to an officer or civilian em- ployee of another of those executive agencies; and (3) the heads of 2 or more executive agencies may establish joint or combined offices to ex- ercise procurement functions and responsibil- ities. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3102 ............ 41:261. June 30, 1949, ch. 288, title III, § 311, as added Pub. L. 103–355, title I, § 1552, Oct. 13, 1994, 108 Stat. 3299. § 3103. Acquisition programs (a) CONGRESSIONAL POLICY.—It is the policy of Congress that the head of each executive agency should achieve, on average, 90 percent of the cost, performance, and schedule goals estab- lished for major acquisition programs of the agency. (b) ESTABLISHMENT OF GOALS.— (1) BY HEAD OF EXECUTIVE AGENCY.—The head of each executive agency shall approve or de- fine the cost, performance, and schedule goals for major acquisition programs of the agency. (2) BY CHIEF FINANCIAL OFFICER.—The chief financial officer of an executive agency shall evaluate the cost goals proposed for each major acquisition program of the agency. (c) IDENTIFICATION OF NONCOMPLIANT PRO- GRAMS.—When it is necessary to implement the policy set out in subsection (a), the head of an executive agency shall— (1) determine whether there is a continuing need for programs that are significantly be- hind schedule, over budget, or not in compli- ance with performance or capability require- ments; and (2) identify suitable actions to be taken, in- cluding termination, with respect to those programs. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3103 ............ 41:263. June 30, 1949, ch. 288, title III, § 313, as added Pub. L. 103–355, title V, § 5051(a), Oct. 13, 1994, 108 Stat. 3351; Pub. L. 105–85, div. A, title VIII, § 851(a), Nov. 18, 1997, 111 Stat. 1851. § 3104. Small business concerns It is the policy of Congress that a fair propor- tion of the total purchases and contracts for property and services for the Federal Govern- ment shall be placed with small business con- cerns. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3104 ............ 41:252(b). June 30, 1949, ch. 288, title III, § 302(b), 63 Stat. 393; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 98–369, div. B, title VII, § 2714(a)(1)(A), July 18, 1984, 98 Stat. 1184. The word ‘‘declared’’ is omitted as unnecessary. § 3105. New contracts and grants and merit-based selection procedures (a) CONGRESSIONAL POLICY.—It is the policy of Congress that— (1) an executive agency should not be re- quired by legislation to award— (A) a new contract to a specific non-Fed- eral Government entity; or (B) a new grant for research, development, test, or evaluation to a non-Federal Govern- ment entity; and (2) a program, project, or technology identi- fied in legislation be procured or awarded through merit-based selection procedures. (b) NEW CONTRACT AND NEW GRANT DE- SCRIBED.—For purposes of this section— (1) a contract is a new contract unless the work provided for in the contract is a continu- ation of the work performed by the specified entity under a prior contract; and (2) a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a prior grant. (c) REQUIREMENTS FOR AWARDING NEW CON- TRACT OR NEW GRANT.—A provision of law may not be construed as requiring a new contract or a new grant to be awarded to a specified non- Federal Government entity unless the provision of law specifically— (1) refers to this section; (2) identifies the particular non-Federal Gov- ernment entity involved; and (3) states that the award to that entity is re- quired by the provision of law in contraven- tion of the policy set forth in subsection (a). (d) EXCEPTION.—This section does not apply to a contract or grant that calls on the National Academy of Sciences to investigate, examine, or

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

31 U.S.C. § 1535 — Agency agreements

**(a)** The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if— (1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government; (3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and (4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise. **(b)** Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided. **(c)** A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract. **(d)** An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in— (1) providing goods or services; or (2) making an authorized contract with another

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

31 U.S.C. § 1535 — Agency agreements

Page 196 TITLE 31—MONEY AND FINANCE § 1532 Statutory Notes and Related Subsidiaries PROHIBITION ON TRANSFER OF FUNDS TO OTHER DEPARTMENTS AND AGENCIES Pub. L. 101–189, div. A, title XVI, § 1604, Nov. 29, 1989, 103 Stat. 1598, provided that funds available for mili- tary functions of Department of Defense could not be made available to any other department or agency of Federal Government pursuant to a provision of law en- acted after Nov. 29, 1989, unless, not less than 30 days before such funds were made available to such other de- partment or agency, Secretary of Defense submitted to congressional defense committees a report describing effect on military preparedness of making such funds available to such department or agency, prior to repeal and restatement in section 2215 of Title 10, Armed Forces, by Pub. L. 103–160, div. A, title XI, § 1106(a)(1), (b), Nov. 30, 1993, 107 Stat. 1750. § 1532. Withdrawal and credit An amount available under law may be with- drawn from one appropriation account and cred- ited to another or to a working fund only when authorized by law. Except as specifically pro- vided by law, an amount authorized to be with- drawn and credited is available for the same purpose and subject to the same limitations pro- vided by the law appropriating the amount. A withdrawal and credit is made by check and without a warrant. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 933.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1532 ......... 31:628–1. Sept. 6, 1950, ch. 896, § 1210(less last proviso), 64 Stat. 765. The word ‘‘limitations’’ is substituted for ‘‘limita- tions, conditions, and restrictions’’ to eliminate un- necessary words. § 1533. Transfers of appropriations for salaries an

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 1535

Stored review status: historical_2024_not_currentness_verified. The source passage cites 31 U.S.C. § 1535. This identifies an authority to review, not proof of applicability.

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

41 U.S.C. § 3103 — Acquisition programs

**(a) Congressional Policy.—** It is the policy of Congress that the head of each executive agency should achieve, on average, 90 percent of the cost, performance, and schedule goals established for major acquisition programs of the agency. **(b) Establishment of Goals.—** (1) **By head of executive agency.—** — The head of each executive agency shall approve or define the cost, performance, and schedule goals for major acquisition programs of the agency. (2) **By chief financial officer.—** — The chief financial officer of an executive agency shall evaluate the cost goals proposed for each major acquisition program of the agency. **(c) Identification of Noncompliant Programs.—** When it is necessary to implement the policy set out in subsection (a), the head of an executive agency shall— (1) determine whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (2) identify suitable actions to be taken, including termination, with respect to those programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3103

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