-CITE-
    41 USC CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY     01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
             CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY         

-MISC1-
    Sec.                                                     
    401, 402.   Repealed.                                             
    403.        Definitions.                                          
    404.        Establishment of Office of Federal Procurement Policy;
                 appointment of Administrator.                        
    405.        Authority and functions of the Administrator.         
    405a.       Uniform Federal procurement regulations and
                 procedures.                                          
    405b.       Conflict of interest standards for individuals
                 providing consulting services.                       
    406.        Administrative powers.                                
    407.        Repealed.                                             
    408.        Applicability of existing laws.                       
    409.        Repealed.                                             
    410.        Authorization of appropriations.                      
    411.        Delegation of authority by Administrator.             
    412.        Comptroller General's access to information from
                 Administrator; rule making procedure.                
    413.        Tests of innovative procurement methods and
                 procedures.                                          
    414.        Chief Acquisition Officers and senior procurement
                 executives.                                          
    414a.       Personnel evaluation.                                 
    414b.       Chief Acquisition Officers Council.                   
    415.        Repealed.                                             
    416.        Procurement notice.                                   
    417.        Record requirements.                                  
    417a.       Procurement data.                                     
    418.        Advocates for competition.                            
    418a.       Rights in technical data.                             
    418b.       Publication of proposed regulations.                  
    419.        Contracting functions performed by Federal personnel. 
    420.        Repealed.                                             
    421.        Federal Acquisition Regulatory Council.               
    422.        Cost Accounting Standards Board.                      
    423.        Restrictions on disclosing and obtaining contractor
                 bid or proposal information or source selection
                 information.                                         
    424.        Repealed.                                             
    425.        Contract clauses and certifications.                  
    426.        Use of electronic commerce in Federal procurement.    
    426a.       Repealed.                                             
    427.        Simplified acquisition procedures.                    
    428.        Procedures applicable to purchases below
                 micro-purchase threshold.                            
    428a.       Special emergency procurement authority.              
    429.        List of laws inapplicable to contracts not greater
                 than simplified acquisition threshold in Federal
                 Acquisition Regulation.                              
    430.        List of laws inapplicable to procurements of
                 commercial items in Federal Acquisition Regulation.  
    431.        Commercially available off-the-shelf item
                 acquisitions: lists of inapplicable laws in Federal
                 Acquisition Regulation.                              
    431a.       Inflation adjustment of acquisition-related dollar
                 thresholds.                                          
    432.        Value engineering.                                    
    433.        Acquisition workforce.                                
    434.        Modular contracting for information technology.       
    435.        Levels of compensation of certain contractor personnel
                 not allowable as costs under certain contracts.      
    436.        Protection of constitutional rights of contractors.   
    437.        Incentives for efficient performance of services
                 contracts.                                           
    438.        Civilian Board of Contract Appeals.                   

-End-



-CITE-
    41 USC Secs. 401, 402                                       01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Secs. 401, 402. Repealed.

-MISC1-
    Secs. 401, 402. Repealed. Pub. L. 104-106, div. D, title XLIII,
      Sec. 4305(a)(2), Feb. 10, 1996, 110 Stat. 665.
      Section 401, Pub. L. 93-400, Sec. 2, Aug. 30, 1974, 88 Stat. 796;
    Pub. L. 96-83, Sec. 2, Oct. 10, 1979, 93 Stat. 648; Pub. L. 98-191,
    Sec. 3, Dec. 1, 1983, 97 Stat. 1325; Pub. L. 100-679, Sec. 2(a),
    Nov. 17, 1988, 102 Stat. 4055; Pub. L. 103-355, title I, Sec.
    1091(a), Oct. 13, 1994, 108 Stat. 3272, stated policy of United
    States Government relating to procurement of property and services.
      Section 402, Pub. L. 93-400, Sec. 3, Aug. 30, 1974, 88 Stat. 796;
    Pub. L. 100-679, Sec. 2(b), Nov. 17, 1988, 102 Stat. 4055, stated
    findings of Congress and purpose of this chapter.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 12 of Pub. L. 96-83 provided that: "Except to the extent
    otherwise provided therein, the amendments made by this Act [see
    Short Title of 1979 Amendment note below] shall take effect on
    October 1, 1979."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-136, div. A, title XIV, Sec. 1401, Nov. 24, 2003, 117
    Stat. 1663, provided that: "This title [enacting sections 414b,
    428a, and 437 of this title, amending sections 403, 414, 433, and
    436 of this title, section 2855 of Title 10, Armed Forces, and
    section 1115 of Title 31, Money and Finance, enacting provisions
    set out as notes under sections 253, 253a, 405, 428a, and 433 of
    this title and section 1103 of Title 40, Public Buildings,
    Property, and Works, amending provisions set out as notes under
    section 264 of this title, section 2304 of Title 10, and section
    501 of Title 31, and repealing provisions set out as a note under
    section 2302 of Title 10] may be cited as the 'Services Acquisition
    Reform Act of 2003'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Section 1 of Pub. L. 100-679 provided that: "This Act [enacting
    sections 421 to 424 of this title, amending this section, sections
    402, 403, 405, 410, and 420 of this title, sections 5312 to 5315,
    8331, 8401, 8701, and 8901 of Title 5, Government Organization and
    Employees, and section 541 of former Title 40, Public Buildings,
    Property, and Works, repealing section 2168 of Title 50, Appendix,
    War and National Defense, and enacting provisions set out as notes
    under sections 405 and 423 of this title and section 5312 of Title
    5] may be cited as the 'Office of Federal Procurement Policy Act
    Amendments of 1988'."

                       SHORT TITLE OF 1983 AMENDMENT                   
      Section 1 of Pub. L. 98-191 provided: "That this Act [enacting
    sections 413 to 415 of this title, amending this section, sections
    5, 6a-1, 252, 403, 405, 407, 409, 410, and 411 of this title,
    section 831h of Title 16, Conservation, and sections 474, 481, and
    487 of former Title 40, Public Buildings, Property, and Works] may
    be cited as the 'Office of Federal Procurement Policy Act
    Amendments of 1983'."

                       SHORT TITLE OF 1979 AMENDMENT                   
      Section 1(a) of Pub. L. 96-83 provided that: "This Act [amending
    this section, sections 403, 405, 407, and 409 to 412 of this title,
    and sections 474, 481, and 487 of former Title 40, Public
    Buildings, Property and Works, and enacting provisions set out as
    notes under this section and section 405a of this title] may be
    cited as the 'Office of Federal Procurement Policy Act Amendments
    of 1979'."

                                SHORT TITLE                            
      Section 1(a) of Pub. L. 93-400, as amended by Pub. L. 103-355,
    title X, Sec. 10005(a)(1), Oct. 13, 1994, 108 Stat. 3406, provided
    that: "This Act [enacting this chapter and amending section 5315 of
    Title 5, Government Organization and Employees, and sections 474,
    481, and 487 of former Title 40, Public Buildings, Property, and
    Works] may be cited as the 'Office of Federal Procurement Policy
    Act'."

                           STYLISTIC CONSISTENCY                       
      Section 10005(b)(1) of Pub. L. 103-355 provided that: "The Office
    of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
    amended so that the section designation and section heading of each
    section of such Act is in the same form and typeface as the section
    designation and heading of this section [108 Stat. 3406]."

     REQUIREMENTS FOR USE OF APPROPRIATIONS BY EXECUTIVE AGENCIES FOR
                           SERVICES BY CONTRACT
      Pub. L. 102-394, title V, Sec. 502, Oct. 6, 1992, 106 Stat. 1825,
    provided that: "No part of any appropriation contained in this Act
    or subsequent Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Acts shall be
    expended by an executive agency, as referred to in the Office of
    Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to
    any obligation for services by contract, unless such executive
    agency has awarded and entered into such contract in full
    compliance with such Act and regulations promulgated thereunder."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title V, Sec. 502, Nov. 26, 1991, 105 Stat.
    1140.
      Pub. L. 101-517, title V, Sec. 502, Nov. 5, 1990, 104 Stat. 2221.
      Pub. L. 101-166, title V, Sec. 502, Nov. 21, 1989, 103 Stat.
    1189.
      Pub. L. 100-202, Sec. 101(h) [title V, Sec. 502], Dec. 22, 1987,
    101 Stat. 1329-256, 1329-287.
      Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 502], Oct.
    18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.
    5233, title V, Sec. 502], Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title V, Sec. 502, Dec. 12, 1985, 99 Stat. 1132.
      Pub. L. 98-619, title V, Sec. 502, Nov. 8, 1984, 98 Stat. 3332.
      Pub. L. 98-139, title V, Sec. 502, Oct. 31, 1983, 97 Stat. 899.
      Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 502], Dec.
    21, 1982, 96 Stat. 1878, 1904.


-EXEC-
      EX. ORD. NO. 12073. FEDERAL PROCUREMENT IN LABOR SURPLUS AREAS  
      Ex. Ord. No. 12073, Aug. 16, 1978, 43 F.R. 36873, provided:
      By the authority vested in me as President by the Constitution of
    the United States of America, and in order to strengthen the
    economic base of our Nation, it is hereby ordered as follows:


-MISC1-
                 1-1. PROCUREMENTS IN LABOR SURPLUS AREAS             
      1-101. Executive agencies shall emphasize procurement set-asides
    in labor surplus areas in order to strengthen our Nation's economy.
      1-102. Labor surplus area procurements shall be consistent with
    this Order and, to the extent funds are available, the priorities
    of Section 15 of the Small Business Act, as amended by Public Law
    95-89 (15 U.S.C. 644).

                  1-2. ADMINISTRATOR OF GENERAL SERVICES              
      1-201. The Administrator shall coordinate with and advise State
    and local officials with regard to Federal efforts to encourage
    procurements in labor surplus areas with the aim of fostering
    economic development in labor surplus areas.
      1-202. The Administrator shall establish specific labor surplus
    area procurement targets for Executive agencies in consultation
    with the heads of those agencies.
      1-203. In cooperation with the heads of Executive agencies, the
    Administrator shall encourage the use of set-asides or other
    appropriate methods for meeting procurement targets in labor
    surplus areas.
      1-204. The Administrator shall report every six months to the
    President on the progress of the agencies in achieving the
    procurement targets.

                       1-3. AGENCY RESPONSIBILITIES                   
      1-301. The Secretary of Labor shall classify and designate labor
    markets which are labor surplus areas. The Secretary shall provide
    labor market data to the heads of agencies and State and local
    officials in order to promote the development of business
    opportunities in labor surplus areas.
      1-302. The heads of Executive agencies shall cooperate with the
    Administrator in carrying out his responsibilities for labor
    surplus area programs and shall provide the information necessary
    for setting procurement targets and recording achievement. They
    shall keep the Administrator informed of plans and programs which
    affect labor surplus procurements, with particular attention to
    opportunities for minority firms.
      1-303. In accord with Section 6 of the Office of Federal
    Procurement Policy Act (41 U.S.C. 405), the Administrator for
    Federal Procurement Policy shall be responsible for the overall
    direction and oversight of the policies affecting procurement
    programs for labor surplus areas.
                                                           Jimmy Carter.


-EXEC-
                         EXECUTIVE ORDER NO. 12092                     
      Ex. Ord. No. 12092, Nov. 1, 1978, 43 F.R. 51375, as amended by
    Ex. Ord. No. 12161, Sept. 28, 1979, 44 F.R. 56663, which related to
    the prohibition against inflationary procurement practices, was
    revoked by Ex. Ord. No. 12288, Jan. 29, 1981, 46 F.R. 10135.

                         EXECUTIVE ORDER NO. 12352                     
      Ex. Ord. No. 12352, Mar. 17, 1982, 47 F.R. 12125, which related
    to Federal procurement reform to support mission accomplishment
    more effectively, was revoked by Ex. Ord. No. 12931, Sec. 4, Oct.
    13, 1994, 59 F.R. 52388, set out below.

                         EXECUTIVE ORDER NO. 12818                     
      Ex. Ord. No. 12818, Oct. 23, 1992, 57 F.R. 48713, which
    prohibited executive agencies from requiring labor agreements on
    Federal or federally funded construction projects, was revoked by
    Ex. Ord. No. 12836, Sec. 1, Feb. 1, 1993, 58 F.R. 7045, which was
    itself revoked as it relates to notification of employee rights
    concerning payment of union dues or fees by Ex. Ord. No. 13201,
    Sec. 11, Feb. 17, 2001, 66 F.R. 11221, and as it relates to project
    agreements by Ex. Ord. No. 13202, Sec. 8, Feb. 17, 2001, 66 F.R.
    11226.

              EX. ORD. NO. 12931. FEDERAL PROCUREMENT REFORM          
      Ex. Ord. No. 12931, Oct. 13, 1994, 59 F.R. 52387, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    ensure effective and efficient spending of public funds through
    fundamental reforms in Government procurement, it is hereby ordered
    as follows:
      Section 1. To make procurement more effective in support of
    mission accomplishment and consistent with recommendations of the
    National Performance Review, heads of executive agencies engaged in
    the procurement of supplies and services shall:
      (a) Review agency procurement rules, reporting requirements,
    contractual requirements, certification procedures, and other
    administrative procedures over and above those required by statute,
    and, where practicable, replace them with guiding principles that
    encourage and reward innovation;
      (b) Review existing and planned agency programs to assure that
    such programs meet agency mission needs;
      (c) Ensure that procurement organizations focus on measurable
    results and on increased attention to understanding and meeting
    customer needs;
      (d) Increase the use of commercially available items where
    practicable, place more emphasis on past contractor performance,
    and promote best value rather than simply low cost in selecting
    sources for supplies and services;
      (e) Ensure that simplified acquisition procedures are used, to
    the maximum extent practicable, for procurements under the
    simplified acquisition threshold in order to reduce administrative
    burdens and more effectively support the accomplishment of agency
    missions;
      (f) Expand the use of the Government purchase card by the agency
    and take maximum advantage of the micro-purchase authority provided
    in the Federal Acquisition Streamlining Act of 1994 [Pub. L. 103-
    355, see Short Title of 1994 Amendment note set out under section
    251 of this title] by delegating the authority, to the maximum
    extent practicable, to the offices that will be using the supplies
    or services to be purchased;
      (g) Establish clear lines of contracting authority and
    accountability;
      (h) Establish career education programs for procurement
    professionals, including requirements for successful completion of
    educational requirements or mandatory training for entry level
    positions and for promotion to higher level positions, in order to
    ensure a highly qualified procurement work force;
      (i) Designate a Procurement Executive with agency-wide
    responsibility to oversee development of procurement goals,
    guidelines, and innovation, measure and evaluate procurement office
    performance against stated goals, enhance career development of the
    procurement work force, and advise the agency heads whether goals
    are being achieved; and
      (j) Review existing and planned information technology
    acquisitions and contracts to ensure that the agency receives the
    best value with regard to price and technology, and consider
    alternatives in cases where best value is not being obtained.
      Sec. 2. The Director of the Office of Personnel Management, in
    consultation with the heads of executive agencies, shall ensure
    that personnel policies and classification standards meet the needs
    of executive agencies for a professional procurement work force.
      Sec. 3. The Administrator of the Office of Federal Procurement
    Policy, after consultation with the Director of the Office of
    Management and Budget, shall work jointly with the heads of
    executive agencies to provide broad policy guidance and overall
    leadership necessary to achieve procurement reform, including, but
    not limited to:
      (a) Coordinating Government-wide efforts;
      (b) Assisting executive agencies in streamlining guidance for
    procurement processes;
      (c) Identifying desirable Government-wide procurement system
    criteria; and
      (d) Identifying major inconsistencies in law and policies
    relating to procurement that impose unnecessary burdens on the
    private sector and Federal procurement officials, and, following
    coordination with executive agencies, submitting necessary
    legislative initiatives to the Office of Management and Budget for
    the resolution of such inconsistencies.
      Sec. 4. Executive Order No. 12352 is revoked.
                                                     William J. Clinton.

                         EXECUTIVE ORDER NO. 12969                     
      Ex. Ord. No. 12969, Aug. 8, 1995, 60 F.R. 40989, which provided
    for Federal agencies to contract with companies that report in a
    public manner on toxic chemicals released to the environment, was
    revoked by Ex. Ord. No. 13148, Sec. 901, Apr. 21, 2000, 65 F.R.
    24604, set out as a note under section 4321 of Title 42, The Public
    Health and Welfare.

           STREAMLINING PROCUREMENT THROUGH ELECTRONIC COMMERCE       
      Memorandum of President of the United States, Oct. 28, 1993, 58
    F.R. 58095, provided:
      Memorandum for the Heads of Executive Departments and Agencies
    [and] the President's Management Council
      The Federal Government spends $200 billion annually buying goods
    and services. Unfortunately, the red tape and burdensome paperwork
    of the current procurement system increases costs, produces
    unnecessary delays, and reduces Federal work force productivity.
    Moving to an electronic commerce system to simplify and streamline
    the purchasing process will promote customer service and cost-
    effectiveness. The electronic exchange of acquisition information
    between the private sector and the Federal Government also will
    increase competition by improving access to Federal contracting
    opportunities for the more than 300,000 vendors currently doing
    business with the Government, particularly small businesses, as
    well as many other vendors who find access to bidding opportunities
    difficult under the current system. For these reasons, I am
    committed to fundamentally altering and improving the way the
    Federal Government buys goods and services by ensuring that
    electronic commerce is implemented for appropriate Federal
    purchases as quickly as possible.
      1. OBJECTIVES.
      The objectives of this electronic commerce initiative are to:
      (a) exchange procurement information - such as solicitations,
    offers, contracts, purchase orders, invoices, payments, and other
    contractual documents - electronically between the private sector
    and the Federal Government to the maximum extent practical;
      (b) provide businesses, including small, small disadvantaged, and
    women-owned businesses, with greater access to Federal procurement
    opportunities;
      (c) ensure that potential suppliers are provided simplified
    access to the Federal Government's electronic commerce system;
      (d) employ nationally and internationally recognized data formats
    that serve to broaden and ease the electronic interchange of data;
    and
      (e) use agency and industry systems and networks to enable the
    Government and potential suppliers to exchange information and
    access Federal procurement data.
      2. IMPLEMENTATION.
      The President's Management Council, in coordination with the
    Office of Federal Procurement Policy of the Office of Management
    and Budget, and in consultation with appropriate Federal agencies
    with applicable technical and functional expertise, as necessary,
    shall provide overall leadership, management oversight, and policy
    direction to implement electronic commerce in the executive branch
    through the following actions:
      (a) by March 1994, define the architecture for the Government-
    wide electronic commerce acquisition system and identify executive
    departments or agencies responsible for developing, implementing,
    operating, and maintaining the Federal electronic system;
      (b) by September 1994, establish an initial electronic commerce
    capability to enable the Federal Government and private vendors to
    electronically exchange standardized requests for quotations,
    quotes, purchase orders, and notice of awards and begin Government-
    wide implementation;
      (c) by July 1995, implement a full scale Federal electronic
    commerce system that expands initial capabilities to include
    electronic payments, document interchange, and supporting
    databases; and
      (d) by January 1997, complete Government-wide implementation of
    electronic commerce for appropriate Federal purchases, to the
    maximum extent possible.
      This implementation schedule should be accelerated where
    practicable.
      The head of each executive department or agency shall:
      (a) ensure that budgetary resources are available, within
    approved budget levels, for electronic commerce implementation in
    each respective department or agency;
      (b) assist the President's Management Council in implementing the
    electronic commerce system as quickly as possible in accordance
    with the schedules established herein; and
      (c) designate one or more senior level employees to assist the
    President's Management Council and serve as a point of contact for
    the development and implementation of the Federal electronic
    commerce system within each respective department or agency.
      3. NO PRIVATE RIGHTS CREATED.
      This directive is for the internal management of the executive
    branch and does not create any right or benefit, substantive or
    procedural, enforceable by a party against the United States, its
    agencies or instrumentalities, its officers or employees, or any
    other person.
      The Director of the Office of Management and Budget is authorized
    and directed to publish this memorandum in the Federal Register.
                                                     William J. Clinton.

-End-



-CITE-
    41 USC Sec. 403                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 403. Definitions

-STATUTE-
      As used in this chapter:
        (1) The term "executive agency" means - 
          (A) an executive department specified in section 101 of title
        5;
          (B) a military department specified in section 102 of such
        title;
          (C) an independent establishment as defined in section 104(1)
        of such title; and
          (D) a wholly owned Government corporation fully subject to
        the provisions of chapter 91 of title 31.

        (2) The term "procurement" includes all stages of the process
      of acquiring property or services, beginning with the process for
      determining a need for property or services and ending with
      contract completion and closeout.
        (3) The term "procurement system" means the integration of the
      procurement process, the professional development of procurement
      personnel, and the management structure for carrying out the
      procurement function.
        (4) The term "standards" means the criteria for determining the
      effectiveness of the procurement system by measuring the
      performance of the various elements of such system.
        (5) The term "competitive procedures" means procedures under
      which an agency enters into a contract pursuant to full and open
      competition.
        (6) The term "full and open competition", when used with
      respect to a procurement, means that all responsible sources are
      permitted to submit sealed bids or competitive proposals on the
      procurement.
        (7) The term "responsible source" means a prospective
      contractor who - 
          (A) has adequate financial resources to perform the contract
        or the ability to obtain such resources;
          (B) is able to comply with the required or proposed delivery
        or performance schedule, taking into consideration all existing
        commercial and Government business commitments;
          (C) has a satisfactory performance record;
          (D) has a satisfactory record of integrity and business
        ethics;
          (E) has the necessary organization, experience, accounting
        and operational controls, and technical skills, or the ability
        to obtain such organization, experience, controls, and skills;
          (F) has the necessary production, construction, and technical
        equipment and facilities, or the ability to obtain such
        equipment and facilities; and
          (G) is otherwise qualified and eligible to receive an award
        under applicable laws and regulations.

        (8) The term "technical data" means recorded information
      (regardless of the form or method of the recording) of a
      scientific or technical nature (including computer software
      documentation) relating to supplies procured by an agency. Such
      term does not include computer software or financial,
      administrative, cost or pricing, or management data or other
      information incidental to contract administration.
        (9)(A) The term "major system" means a combination of elements
      that will function together to produce the capabilities required
      to fulfill a mission need, which elements may include hardware,
      equipment, software or any combination thereof, but excludes
      construction or other improvements to real property; and
        (B) a system shall be considered a major system if (i) the
      Department of Defense is responsible for the system and the total
      expenditures for research, development, test and evaluation for
      the system are estimated to be more than $75,000,000 (based on
      fiscal year 1980 constant dollars) or the eventual total
      expenditure for procurement of more than $300,000,000 (based on
      fiscal year 1980 constant dollars); (ii) a civilian agency is
      responsible for the system and total expenditures for the system
      are estimated to exceed $750,000 (based on fiscal year 1980
      constant dollars) or the dollar threshold for a "major system"
      established by the agency pursuant to Office of Management and
      Budget (OMB) Circular A-109, entitled "Major Systems
      Acquisitions", whichever is greater; or (iii) the system is
      designated a "major system" by the head of the agency responsible
      for the system.
        (10) The term "item", "item of supply", or "supplies" means any
      individual part, component, subassembly, assembly, or subsystem
      integral to a major system, and other property which may be
      replaced during the service life of the system, and includes
      spare parts and replenishment spare parts, but does not include
      packaging or labeling associated with shipment or identification
      of an "item".
        (11) The term "simplified acquisition threshold" means
      $100,000.
        (12) The term "commercial item" means any of the following:
          (A) Any item, other than real property, that is of a type
        customarily used by the general public or by nongovernmental
        entities for purposes other than governmental purposes, and
        that - 
            (i) has been sold, leased, or licensed to the general
          public; or
            (ii) has been offered for sale, lease, or license to the
          general public.

          (B) Any item that evolved from an item described in
        subparagraph (A) through advances in technology or performance
        and that is not yet available in the commercial marketplace,
        but will be available in the commercial marketplace in time to
        satisfy the delivery requirements under a Federal Government
        solicitation.
          (C) Any item that, but for - 
            (i) modifications of a type customarily available in the
          commercial marketplace, or
            (ii) minor modifications made to meet Federal Government
          requirements,

        would satisfy the criteria in subparagraph (A) or (B).
          (D) Any combination of items meeting the requirements of
        subparagraph (A), (B), (C), or (E) that are of a type
        customarily combined and sold in combination to the general
        public.
          (E) Installation services, maintenance services, repair
        services, training services, and other services if - 
            (i) the services are procured for support of an item
          referred to in subparagraph (A), (B), (C), or (D), regardless
          of whether such services are provided by the same source or
          at the same time as the item; and
            (ii) the source of the services provides similar services
          contemporaneously to the general public under terms and
          conditions similar to those offered to the Federal
          Government.

          (F) Services offered and sold competitively, in substantial
        quantities, in the commercial marketplace based on established
        catalog or market prices for specific tasks performed or
        specific outcomes to be achieved and under standard commercial
        terms and conditions.
          (G) Any item, combination of items, or service referred to in
        subparagraphs (A) through (F) notwithstanding the fact that the
        item, combination of items, or service is transferred between
        or among separate divisions, subsidiaries, or affiliates of a
        contractor.
          (H) A nondevelopmental item, if the procuring agency
        determines, in accordance with conditions set forth in the
        Federal Acquisition Regulation, that the item was developed
        exclusively at private expense and has been sold in substantial
        quantities, on a competitive basis, to multiple State and local
        governments.

        (13) The term "nondevelopmental item" means any of the
      following:
          (A) Any commercial item.
          (B) Any previously developed item of supply that is in use by
        a department or agency of the United States, a State or local
        government, or a foreign government with which the United
        States has a mutual defense cooperation agreement.
          (C) Any item of supply described in subparagraph (A) or (B)
        that requires only minor modification or modification of the
        type customarily available in the commercial marketplace in
        order to meet the requirements of the procuring department or
        agency.
          (D) Any item of supply currently being produced that does not
        meet the requirements of subparagraph (A), (B), or (C) solely
        because the item is not yet in use.

        (14) The term "component" means any item supplied to the
      Federal Government as part of an end item or of another
      component.
        (15) The term "commercial component" means any component that
      is a commercial item.
        (16) The term "acquisition" - 
          (A) means the process of acquiring, with appropriated funds,
        by contract for purchase or lease, property or services
        (including construction) that support the missions and goals of
        an executive agency, from the point at which the requirements
        of the executive agency are established in consultation with
        the chief acquisition officer of the executive agency; and
          (B) includes - 
            (i) the process of acquiring property or services that are
          already in existence, or that must be created, developed,
          demonstrated, and evaluated;
            (ii) the description of requirements to satisfy agency
          needs;
            (iii) solicitation and selection of sources;
            (iv) award of contracts;
            (v) contract performance;
            (vi) contract financing;
            (vii) management and measurement of contract performance
          through final delivery and payment; and
            (viii) technical and management functions directly related
          to the process of fulfilling agency requirements by contract.

        (17) The term "Federal Acquisition Regulatory Council" means
      the Federal Acquisition Regulatory Council established under
      section 421 of this title.

-SOURCE-
    (Pub. L. 93-400, Sec. 4, Aug. 30, 1974, 88 Stat. 797; Pub. L. 96-
    83, Sec. 3, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98-191, Sec. 4,
    Dec. 1, 1983, 97 Stat. 1326; Pub. L. 98-369, div. B, title VII,
    Sec. 2731, July 18, 1984, 98 Stat. 1195; Pub. L. 98-577, title I,
    Sec. 102, Oct. 30, 1984, 98 Stat. 3067; Pub. L. 100-679, Sec. 3(c),
    Nov. 17, 1988, 102 Stat. 4056; Pub. L. 101-510, div. A, title VIII,
    Sec. 806(a)(1), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103-355,
    title IV, Sec. 4001, title VIII, Sec. 8001, Oct. 13, 1994, 108
    Stat. 3338, 3384; Pub. L. 104-106, div. D, title XLII, Sec. 4204,
    Feb. 10, 1996, 110 Stat. 655; Pub. L. 106-65, div. A, title VIII,
    Sec. 805, Oct. 5, 1999, 113 Stat. 705; Pub. L. 108-136, div. A,
    title XIV, Secs. 1411, 1433, Nov. 24, 2003, 117 Stat. 1663, 1673;
    Pub. L. 108-375, div. A, title VIII, Sec. 807(b), Oct. 28, 2004,
    118 Stat. 2011.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-400, which is classified principally to
    this chapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 401 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section 2731 of Pub. L. 98-369 directed in part that this section
    be redesignated as section 4 of Pub. L. 93-400 to correct an
    inconsistency in the language of the amendment by Pub. L. 98-191,
    which amended this section generally but referred to it as "Sec.
    3". Since this section was enacted as section 4 of Pub. L. 93-400
    no change was required.


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (17). Pub. L. 108-375 added par. (17).
      2003 - Par. (12)(F). Pub. L. 108-136, Sec. 1433, inserted "or
    specific outcomes to be achieved" after "performed".
      Par. (16). Pub. L. 108-136, Sec. 1411, added par. (16).
      1999 - Par. (12)(E). Pub. L. 106-65 amended subpar. (E)
    generally. Prior to amendment, subpar. (E) read as follows:
    "Installation services, maintenance services, repair services,
    training services, and other services if such services are procured
    for support of an item referred to in subparagraph (A), (B), (C),
    or (D) and if the source of such services - 
        "(i) offers such services to the general public and the Federal
      Government contemporaneously and under similar terms and
      conditions; and
        "(ii) offers to use the same work force for providing the
      Federal Government with such services as the source uses for
      providing such services to the general public."
      1996 - Par. (12)(F). Pub. L. 104-106 inserted "or market" after
    "catalog".
      1994 - Pub. L. 103-355, Sec. 8001(b)(1), substituted "this
    chapter:" for "this chapter - " in introductory provisions.
      Pars. (1) to (3). Pub. L. 103-355, Sec. 8001(b)(2), (3),
    substituted "The term" for "the term" and period for semicolon at
    end.
      Par. (4). Pub. L. 103-355, Sec. 8001(b)(2), (4), substituted "The
    term" for "the term" and period for "; and" at end.
      Pars. (5) to (9). Pub. L. 103-355, Sec. 8001(b)(2), (3),
    substituted "The term" for "the term" and period for semicolon at
    end.
      Par. (10). Pub. L. 103-355, Sec. 8001(b)(2), (4), substituted
    "The term" for "the term" and period for "; and" at end.
      Par. (11). Pub. L. 103-355, Sec. 8001(b)(2), which directed
    substitution of "The term" for "the term" in par. (11), could not
    be executed because phrase "the term" did not appear subsequent to
    amendment by Pub. L. 103-355, Sec. 4001. See below.
      Pub. L. 103-355, Sec. 4001, amended par. (11) generally. Prior to
    amendment, par. (11) read as follows: "the term 'small purchase
    threshold' means $25,000, adjusted on October 1 of each year
    divisible by 5 to the amount equal to $25,000 in constant fiscal
    year 1990 dollars (rounded to the nearest $1,000)."
      Pars. (12) to (15). Pub. L. 103-355, Sec. 8001(a), added pars.
    (12) to (15).
      1990 - Par. (11). Pub. L. 101-510 added par. (11).
      1988 - Pars. (4) to (11). Pub. L. 100-679 redesignated pars. (5)
    to (11) as (4) to (10), respectively, and struck out former par.
    (4) which defined "single system of Government-wide procurement
    regulations" for purposes of this chapter.
      1984 - Pars. (6) to (8). Pub. L. 98-369 added pars. (6) to (8).
      Pars. (9) to (11). Pub. L. 98-577 added pars. (9) to (11).
      1983 - Pub. L. 98-191 amended section generally, restating
    definitions of "executive agency" and "procurement" and inserting
    definitions of "procurement system", "single-system of Government-
    wide procurement regulations", and "standards".
      1979 - Pub. L. 96-83 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12
    of Pub. L. 96-83, set out as a note under section 401 of this
    title.

              MODIFICATION OF FEDERAL ACQUISITION REGULATIONS          
      Section 2752 of Pub. L. 98-369 provided that: "Not later than
    March 31, 1985, the single Government-wide procurement regulation
    referred to in section 4(4)(A) of the Office of Federal Procurement
    Policy Act (41 U.S.C. 403(4)(A)) shall be modified to conform to
    the requirements of this title [title VII of Pub. L. 98-369, Secs.
    2701-2753, July 18, 1984, 98 Stat. 1175-1203] and the amendments
    made by this title [see Short Title of 1984 Amendment note set out
    under section 251 of this title]."

-End-



-CITE-
    41 USC Sec. 404                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 404. Establishment of Office of Federal Procurement Policy;
      appointment of Administrator

-STATUTE-
      (a) There is in the Office of Management and Budget an Office of
    Federal Procurement Policy (hereinafter referred to as the
    "Office") to provide overall direction of Government-wide
    procurement policies, regulations, procedures, and forms for
    executive agencies and to promote economy, efficiency, and
    effectiveness in the procurement of property and services by the
    executive branch of the Federal Government.
      (b) There shall be at the head of the Office an Administrator for
    Federal Procurement Policy (hereinafter referred to as the
    "Administrator"), who shall be appointed by the President, by and
    with the advice and consent of the Senate.

-SOURCE-
    (Pub. L. 93-400, Sec. 5, Aug. 30, 1974, 88 Stat. 797; Pub. L. 104-
    106, div. D, title XLIII, Sec. 4305(a)(1), Feb. 10, 1996, 110
    Stat. 665.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-106 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows: "There
    is established in the Office of Management and Budget an office to
    be known as the Office of Federal Procurement Policy (hereinafter
    referred to as the 'Office')."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

-End-



-CITE-
    41 USC Sec. 405                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 405. Authority and functions of the Administrator

-STATUTE-
    (a) Development of procurement policy; leadership
      The Administrator shall provide overall direction of procurement
    policy and leadership in the development of procurement systems of
    the executive agencies. To the extent that the Administrator
    considers appropriate, in carrying out the policies and functions
    set forth in this chapter, and with due regard for applicable laws
    and the program activities of the executive agencies, the
    Administrator may prescribe Government-wide procurement policies.
    These policies shall be implemented in a single Government-wide
    procurement regulation called the Federal Acquisition Regulation
    and shall be followed by executive agencies in the procurement of -
    
        (1) property other than real property in being;
        (2) services, including research and development; and
        (3) construction, alteration, repair, or maintenance of real
      property.
    (b) Government-wide procurement regulations
      In any instance in which the Administrator determines that the
    Department of Defense, the National Aeronautics and Space
    Administration, and the General Services Administration are unable
    to agree on or fail to issue Government-wide regulations,
    procedures and forms in a timely manner, including any such
    regulations, procedures, and forms as are necessary to implement
    prescribed policy initiated by the Administrator under subsection
    (a) of this section, the Administrator shall, 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 chapter, prescribe Government-wide regulations, procedures
    and forms which shall be followed by executive agencies in the
    procurement of - 
        (1) property other than real property in being;
        (2) services, including research and development; and
        (3) construction, alteration, repair, or maintenance of real
      property.
    (c) Noninterference with executive agencies
      The authority of the Administrator under this chapter shall not
    be construed to - 
        (1) impair or interfere with the determination by executive
      agencies of their need for, or their use of, specific property,
      services, or construction, including particular specifications
      therefor; or
        (2) interfere with the determination by executive agencies of
      specific actions in the award or administration of procurement
      contracts.
    (d) Enumeration of included functions
      The functions of the Administrator shall include - 
        (1) providing leadership and ensuring action by the executive
      agencies in the establishment, development and maintenance of the
      single system of simplified Government-wide procurement
      regulations and resolving differences among the executive
      agencies in the development of simplified Government-wide
      procurement regulations, procedures and forms;
        (2) coordinating the development of Government-wide procurement
      system standards that shall be implemented by the executive
      agencies in their procurement systems;
        (3) providing leadership and coordination in the formulation of
      the executive branch position on legislation relating to
      procurement;
        (4)(A) providing for and directing the activities of the
      computer-based Federal Procurement Data System (including
      recommending to the Administrator of General Services a
      sufficient budget for such activities), which shall be located in
      the General Services Administration, in order to adequately
      collect, develop, and disseminate procurement data; and
        (B) ensuring executive agency compliance with the record
      requirements of section 417 of this title;
        (5) providing for and directing the activities of the Federal
      Acquisition Institute (including recommending to the
      Administrator of General Services a sufficient budget for such
      activities), which shall be located in the General Services
      Administration, in order to - 
          (A) foster and promote the development of a professional
        acquisition workforce Government-wide;
          (B) promote and coordinate Government-wide research and
        studies to improve the procurement process and the laws,
        policies, methods, regulations, procedures, and forms relating
        to acquisition by the executive agencies;
          (C) collect data and analyze acquisition workforce data from
        the Office of Personnel Management, the heads of executive
        agencies, and, through periodic surveys, from individual
        employees;
          (D) periodically analyze acquisition career fields to
        identify critical competencies, duties, tasks, and related
        academic prerequisites, skills, and knowledge;
          (E) coordinate and assist agencies in identifying and
        recruiting highly qualified candidates for acquisition fields;
          (F) develop instructional materials for acquisition personnel
        in coordination with private and public acquisition colleges
        and training facilities;
          (G) evaluate the effectiveness of training and career
        development programs for acquisition personnel;
          (H) promote the establishment and utilization of academic
        programs by colleges and universities in acquisition fields;
          (I) facilitate, to the extent requested by agencies,
        interagency intern and training programs; and
          (J) perform other career management or research functions as
        directed by the Administrator;

        (6) administering the provisions of section 433 of this title;
        (7) establishing criteria and procedures to ensure the
      effective and timely solicitation of the viewpoints of interested
      parties in the development of procurement policies, regulations,
      procedures, and forms;
        (8) developing standard contract forms and contract language in
      order to reduce the Government's cost of procuring property and
      services and the private sector's cost of doing business with the
      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 Administration, that ensure
      that small businesses, qualified HUBZone small business concerns
      (as defined in section 632(p) of title 15), small businesses
      owned and controlled by socially and economically disadvantaged
      individuals, and small businesses owned and controlled by women
      are provided with the maximum practicable opportunities to
      participate in procurements that are conducted for amounts below
      the simplified acquisition threshold;
        (12) developing policies that will promote achievement of goals
      for participation by small businesses, qualified HUBZone small
      business concerns (as defined in section 632(p) of title 15),
      small businesses owned and controlled by socially and
      economically disadvantaged individuals, and small businesses
      owned and controlled by women; and
        (13) completing action, as appropriate, on the recommendations
      of the Commission on Government Procurement.
    (e) Consultation; assistance of existing executive agencies;
      advisory committees and interagency groups
      In carrying out the functions set forth in subsection (d) of this
    section, the Administrator - 
        (1) shall consult with the affected executive agencies,
      including the Small Business Administration;
        (2) may, with the concurrence of the heads of affected
      executive agencies, designate an executive agency or executive
      agencies to assist in the performance of such functions; and
        (3) may establish advisory committees or other interagency
      groups to assist in providing for the establishment, development,
      and maintenance of a single system of simplified Government-wide
      procurement regulations and to assist in the performance of any
      of the other functions which the Administrator considers
      appropriate.
    (f) Oversight of regulations promulgated by other agencies relating
      to procurement
      The Administrator, with the concurrence of the Director of the
    Office of Management and Budget, and with consultation with the
    head of the agency or agencies concerned, may deny the promulgation
    of or rescind any Government-wide regulation or final rule or
    regulation of any executive agency relating to procurement if the
    Administrator determines that such rule or regulation is
    inconsistent with any policies, regulations, or procedures issued
    pursuant to subsection (a) of this section.
    (g) Assignment, delegation, or transfer of functions prohibited
      Except as otherwise provided by law, no duties, functions, or
    responsibilities, other than those expressly assigned by this
    chapter, shall be assigned, delegated, or transferred to the
    Administrator.
    (h) Real property procurement; Office of Management and Budget
      Nothing in this chapter shall be construed to - 
        (1) impair or affect the authorities or responsibilities
      conferred by the Federal Property and Administrative Services Act
      of 1949 (!1) with respect to the procurement of real property; or

        (2) limit the current authorities and responsibilities of the
      Director of the Office of Management and Budget.
    (i) Recipients of Federal grants or assistance
      (1) With due regard to applicable laws and the program activities
    of the executive agencies administering Federal programs of grants
    or assistance, the Administrator may prescribe Government-wide
    policies, regulations, procedures, and forms which the
    Administrator considers appropriate and which shall be followed by
    such executive agencies in providing for the procurement, to the
    extent required under such programs, of property or services
    referred to in clauses (1), (2), and (3) of subsection (a) of this
    section by recipients of Federal grants or assistance under such
    programs.
      (2) Nothing in paragraph (1) shall be construed to - 
        (A) permit the Administrator to authorize procurement or supply
      support, either directly or indirectly, to recipients of Federal
      grants or assistance; or
        (B) authorize any action by such recipients contrary to State
      and local laws, in the case of programs to provide Federal grants
      or assistance to States and political subdivisions.
    (j) Policy regarding consideration of contractor past performance
      (1) The Administrator shall prescribe for executive agencies
    guidance regarding consideration of the past contract performance
    of offerors in awarding contracts. The guidance shall include - 
        (A) standards for evaluating past performance with respect to
      cost (when appropriate), schedule, compliance with technical or
      functional specifications, and other relevant performance factors
      that facilitate consistent and fair evaluation by all executive
      agencies;
        (B) policies for the collection and maintenance of information
      on past contract performance that, to the maximum extent
      practicable, facilitate automated collection, maintenance, and
      dissemination of information and provide for ease of collection,
      maintenance, and dissemination of information by other methods,
      as necessary;
        (C) policies for ensuring that - 
          (i) offerors are afforded an opportunity to submit relevant
        information on past contract performance, including performance
        under contracts entered into by the executive agency concerned,
        contracts entered into by other departments and agencies of the
        Federal Government, contracts entered into by agencies of State
        and local governments, and contracts entered into by commercial
        customers; and
          (ii) such information submitted by offerors is considered;
        and

        (D) the period for which information on past performance of
      offerors may be maintained and considered.

      (2) In the case of an offeror with respect to which there is no
    information on past contract performance or with respect to which
    information on past contract performance is not available, the
    offeror may not be evaluated favorably or unfavorably on the factor
    of past contract performance.
    (k) Annual reporting requirement
      The Administrator shall submit to Congress, on an annual basis,
    an assessment of the progress made in executive agencies in
    implementing the policy regarding major acquisitions that is stated
    in section 263(a) of this title. The Administrator shall use data
    from existing management systems in making the assessment.

-SOURCE-
    (Pub. L. 93-400, Sec. 6, Aug. 30, 1974, 88 Stat. 797; Pub. L. 96-
    83, Sec. 4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98-191, Sec. 5,
    Dec. 1, 1983, 97 Stat. 1326; Pub. L. 98-369, div. B, title VII,
    Sec. 2732(b)(1), July 18, 1984, 98 Stat. 1199; Pub. L. 100-679,
    Sec. 3(a), Nov. 17, 1988, 102 Stat. 4055; Pub. L. 103-355, title I,
    Sec. 1091(b)(2), title V, Secs. 5051(b), 5091, title VII, Sec.
    7108, Oct. 13, 1994, 108 Stat. 3272, 3351, 3361, 3378; Pub. L. 104-
    106, div. D, title XLIII, Secs. 4307(b), 4321(h)(1), (2),
    4322(a)(1), div. E, title LVI, Sec. 5607(d), Feb. 10, 1996, 110
    Stat. 668, 675, 677, 702; Pub. L. 104-201, div. A, title X, Sec.
    1074(f)(1), Sept. 23, 1996, 110 Stat. 2661; Pub. L. 105-85, div. A,
    title VIII, Sec. 851(b), title X, Sec. 1073(g)(2)(B), Nov. 18,
    1997, 111 Stat. 1851, 1906; Pub. L. 105-135, title VI, Sec.
    604(f)(1), Dec. 2, 1997, 111 Stat. 2634.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (h)(1), is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of this title, the Act was repealed and reenacted by Pub. L. 107-
    217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
    chapters 1 to 11 of Title 40, Public Buildings, Property, and
    Works.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (d)(5)(J). Pub. L. 105-85, Sec. 1073(g)(2)(B)(i),
    substituted semicolon for period at end.
      Subsec. (d)(6). Pub. L. 105-85, Sec. 1073(g)(2)(B)(ii), realigned
    margins.
      Subsec. (d)(11). Pub. L. 105-135, Sec. 604(f)(1)(A), inserted
    "qualified HUBZone small business concerns (as defined in section
    632(p) of title 15)," after "ensure that small businesses,".
      Subsec. (d)(12). Pub. L. 105-135, Sec. 604(f)(1)(B), inserted
    "qualified HUBZone small business concerns (as defined in section
    632(p) of title 15)," after "participation by small businesses,".
      Pub. L. 105-85, Sec. 1073(g)(2)(B)(iii), substituted "small
    businesses" for "small business" after "individuals, and".
      Subsec. (k). Pub. L. 105-85, Sec. 851(b), inserted "regarding
    major acquisitions that is" after "implementing the policy".
      1996 - Subsec. (b). Pub. L. 104-106, Sec. 4322(a)(1), struck out
    second comma after "subsection (a) of this section".
      Subsec. (d)(5)(A). Pub. L. 104-106, Sec. 4307(b)(2)(A),
    substituted "the development of a professional acquisition
    workforce Government-wide" for "Government-wide career management
    programs for a professional procurement work force".
      Subsec. (d)(5)(B). Pub. L. 104-106, Sec. 4307(b)(2)(B)(i),
    substituted "acquisition by the" for "procurement by the".
      Subsec. (d)(5)(C) to (J). Pub. L. 104-106, Sec.
    4307(b)(2)(B)(ii), (iii), added subpars. (C) to (J) and struck out
    former subpar. (C) which read as follows: "establish policies and
    procedures for the establishment and implementation of education
    and training programs authorized by this chapter, including the
    establishment and implementation of training, in conjunction with
    the General Services Administration, for critical procurement
    personnel designed to increase the participation of small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals, women, and other minorities in
    procurement activities conducted by an executive agency."
      Subsec. (d)(6). Pub. L. 104-106, Sec. 4307(b)(3), added par. (6).
    Former par. (6) redesignated (7).
      Subsec. (d)(7) to (10). Pub. L. 104-106, Sec. 4307(b)(1),
    redesignated pars. (6) to (9) as (7) to (10), respectively. Former
    par. (10) redesignated (11).
      Subsec. (d)(11). Pub. L. 104-106, Sec. 4321(h)(2), which directed
    substitution of "small businesses" for "small business", could not
    be executed because the words "small business" did not appear.
      Pub. L. 104-106, Sec. 4307(b)(1), redesignated par. (10) as (11).
    Former par. (11) redesignated (12).
      Subsec. (d)(12). Pub. L. 104-106, Sec. 4307(b)(1), redesignated
    par. (11) as (12). Former par. (12) redesignated (13).
      Subsec. (d)(13). Pub. L. 104-106, Sec. 4321(h)(1), which directed
    transferring par. (12) to end of subsec. (d), was executed by
    transferring par. (13) to end of subsec. (d) to reflect the
    probable intent of Congress and the redesignation of par. (12) as
    (13) by Pub. L. 104-106, Sec. 4307(b)(1). See below.
      Pub. L. 104-106, Sec. 4307(b)(1), redesignated par. (12) as (13).
      Subsec. (f). Pub. L. 104-201 struck out "the policies set forth
    in section 401 of this title or" after "inconsistent with".
      Subsec. (h)(1). Pub. L. 104-106, Sec. 5607(d), struck out "of
    automatic data processing and telecommunications equipment and
    services or" after "with respect to the procurement".
      1994 - Subsec. (d)(5)(C). Pub. L. 103-355, Sec. 7108(b), added
    subpar. (C).
      Subsec. (d)(8), (9). Pub. L. 103-355, Sec. 5091, added pars. (8)
    and (9) at end. Former par. (8) redesignated (12).
      Subsec. (d)(10), (11). Pub. L. 103-355, Sec. 7108(a), added pars.
    (10) and (11).
      Subsec. (d)(12). Pub. L. 103-355, Sec. 5091(2), redesignated
    pars. (8) and (12).
      Subsec. (j). Pub. L. 103-355, Sec. 1091(b)(2), added subsec. (j).
      Subsec. (k). Pub. L. 103-355, Sec. 5051(b), added subsec. (k).
      1988 - Subsec. (a). Pub. L. 100-679, Sec. 3(a)(1), substituted
    "procurement policies. These policies shall be implemented in a
    single Government-wide procurement regulation called the Federal
    Acquisition Regulation and shall be" for "procurement policies
    which shall be implemented in the single system of Government-wide
    procurement regulations and shall be".
      Subsec. (b). Pub. L. 100-679, Sec. 3(a)(2), inserted ", including
    any such regulations, procedures, and forms as are necessary to
    implement prescribed policy initiated by the Administrator under
    subsection (a) of this section," after "timely manner" and
    substituted "Administrator shall" for "Administrator may".
      Subsec. (d)(4). Pub. L. 100-679, Sec. 3(a)(3), added par. (4) and
    struck out former par. (4) which read as follows: "providing for a
    computer-based Federal Procurement Data System which shall be
    located in the General Services Administration (acting as executive
    agent for the Administrator) and shall collect, develop, and
    disseminate procurement data;".
      Subsec. (d)(5). Pub. L. 100-679, Sec. 3(a)(3), added par. (5) and
    struck out former par. (5) which read as follows: "providing for a
    Federal Acquisition Institute which shall be located in the General
    Services Administration (acting as executive agent for the
    Administrator) and shall - 
        "(A) foster and promote Government-wide career management
      programs for a professional procurement work force; and
        "(B) promote and coordinate Government-wide research and
      studies to improve the procurement process and the laws,
      policies, methods, regulations, procedures, and forms relating to
      procurement by the executive agencies;".
      Subsec. (f). Pub. L. 100-679, Sec. 3(a)(4), substituted "The
    Administrator, with the concurrence of the Director of the Office
    of Management and Budget, and with consultation with the head of
    the agency or agencies concerned," for "The Director of the Office
    of Management and Budget".
      1984 - Subsec. (e). Pub. L. 98-369 substituted "subsection (d)"
    for "subsection (c)".
      1983 - Pub. L. 98-191 amended section generally, revising and
    restating as subsecs. (a), (c), (d), (e), (g), (h), and (i)
    provisions of former subsecs. (a), (f), (d), (e), (g), (j), and
    (b), respectively, and by inserting provisions set out in new
    subsecs. (b) and (f).
      1979 - Subsec. (a). Pub. L. 96-83, Sec. 4(a), substituted
    provisions setting forth the responsibilities of the Administrator
    with respect to the development and implementation of procurement
    policies, the coordination of programs to improve the quality and
    performance of personnel, and the development of a uniform
    procurement system, for provisions setting forth responsibility of
    the Administrator for overall direction of procurement policy, and
    functions with respect to issuance of policy, regulations,
    procedures, and forms.
      Subsec. (c). Pub. L. 96-83, Sec. 4(b), substituted provisions
    relating to development and proposal of a central management
    system, for provisions setting forth limitation of authority to
    procurement from appropriated funds and provisions relating to a
    study and report of procurement from nonappropriated funds.
      Subsec. (d). Pub. L. 96-83, Sec. 4(c), substituted provisions
    setting forth the review, development, etc., functions of the
    Administrator with respect to procurement policies, regulations,
    procedures, and forms, procurement data, procurement personnel, and
    procurement contracts, for provisions setting forth the
    establishment, monitoring, etc., functions of the Administrator
    with respect to uniform procurement regulations, procurement
    policies, regulations, procedures, and forms, procurement data, and
    procurement personnel.
      Subsec. (e). Pub. L. 96-83, Sec. 4(d), substituted provisions
    relating to consultation functions of the Administrator with
    respect to the development and implementation of the uniform
    procurement system, for provisions relating to the consultation
    functions of the Administrator with respect to the development of
    policies, regulations, procedures and forms to be authorized or
    prescribed by such Administrator.
      Subsecs. (h) to (j). Pub. L. 96-83, Sec. 4(e), added subsecs. (h)
    to (j).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135 set out as a note under section 631 of Title
    15, Commerce and Trade.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by sections
    4307(b), 4321(h)(1), (2), and 4322(a)(1) of Pub. L. 104-106, see
    section 4401 of Pub. L. 104-106, set out as a note under section
    251 of this title.
      Amendment by section 5607(d) of Pub. L. 104-106 effective 180
    days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, Feb.
    10, 1996, 110 Stat. 702.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12
    of Pub. L. 96-83, set out as a note under section 401 of this
    title.

     FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL ANTI-TERRORISM
                           RESPONSE CAPABILITIES
      Pub. L. 108-136, div. A, title VIII, Sec. 803, Nov. 24, 2003, 117
    Stat. 1541, provided that:
      "(a) Procurements of Anti-Terrorism Technologies and Services by
    State and Local Governments. - 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
    recovering 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."

                      STATUTORY AND REGULATORY REVIEW                  
      Pub. L. 108-136, div. A, title XIV, Sec. 1423, Nov. 24, 2003, 117
    Stat. 1669, as amended by Pub. L. 109-163, div. A, title VIII, Sec.
    843, Jan. 6, 2006, 119 Stat. 3389, provided that:
      "(a) Establishment. - Not later than 90 days after the date of
    the enactment of this Act [Nov. 24, 2003], the Administrator for
    Federal Procurement Policy shall establish an advisory panel to
    review laws and regulations regarding the use of commercial
    practices, performance-based contracting, the performance of
    acquisition functions across agency lines of responsibility, and
    the use of Governmentwide contracts.
      "(b) Membership. - The panel shall be composed of at least nine
    individuals who are recognized experts in acquisition law and
    Government acquisition policy. In making appointments to the panel,
    the Administrator shall - 
        "(1) consult with the Secretary of Defense, the Administrator
      of General Services, the Committees on Armed Services and
      Government Reform of the House of Representatives, and the
      Committees on Armed Services and Governmental Affairs of the
      Senate; and
        "(2) ensure that the members of the panel reflect the diverse
      experiences in both the public and private sectors, including
      academia.
      "(c) Duties. - The panel shall - 
        "(1) review all Federal acquisition laws and regulations, and,
      to the extent practicable, government-wide acquisition policies,
      with a view toward ensuring effective and appropriate use of
      commercial practices and performance-based contracting; and
        "(2) make any recommendations for the modification of such
      laws, regulations, or policies that are considered necessary as a
      result of such review - 
          "(A) to protect the best interests of the Federal Government;
          "(B) to ensure the continuing financial and ethical integrity
        of acquisitions by the Federal Government; and
          "(C) to amend or eliminate any provisions in such laws,
        regulations, or policies that are unnecessary for the
        effective, efficient, and fair award and administration of
        contracts for the acquisition by the Federal Government of
        goods and services.
      "(d) Report. - Not later than 18 months after the establishment
    of the panel, the panel shall submit to the Administrator and to
    the Committees on Armed Services and Government Reform of the House
    of Representatives and the Committees on Armed Services and
    Governmental Affairs of the Senate a report containing a detailed
    statement of the findings, conclusions, and recommendations of the
    panel."

                CENTER OF EXCELLENCE IN SERVICE CONTRACTING            
      Pub. L. 108-136, div. A, title XIV, Sec. 1431(b), Nov. 24, 2003,
    117 Stat. 1671, provided that: "Not later than 180 days after the
    date of the enactment of this Act [Nov. 24, 2003], the
    Administrator for Federal Procurement Policy shall establish a
    center of excellence in contracting for services. The center of
    excellence shall assist the acquisition community by identifying,
    and serving as a clearinghouse for, best practices in contracting
    for services in the public and private sectors."

                REPORTING OF BUNDLED CONTRACT OPPORTUNITIES            
      Section 414 of title IV of Pub. L. 105-135 provided that:
      "(a) Data Collection Required. - The Federal Procurement Data
    System described in section 6(d)(4)(A) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified
    to collect data regarding bundling of contract requirements when
    the contracting officer anticipates that the resulting contract
    price, including all options, is expected to exceed $5,000,000. The
    data shall reflect a determination made by the contracting officer
    regarding whether a particular solicitation constitutes a contract
    bundling.
      "(b) Definitions. - In this section, the term 'bundling of
    contract requirements' has the meaning given that term in section
    3(o) of the Small Business Act (15 U.S.C. 632(o)) (as added by
    section 412 of this subtitle)."

      CONGRESSIONAL FINDINGS REGARDING CONSIDERATION OF PAST CONTRACT
                                PERFORMANCE
      Section 1091(b)(1) of Pub. L. 103-355 provided that: "Congress
    makes the following findings:
        "(A) Past contract performance of an offeror is one of the
      relevant factors that a contracting official of an executive
      agency should consider in awarding a contract.
        "(B) It is appropriate for a contracting official to consider
      past contract performance of an offeror as an indicator of the
      likelihood that the offeror will successfully perform a contract
      to be awarded by that official."

                   RESULTS-ORIENTED ACQUISITION PROCESS               
      Section 5052 of Pub. L. 103-355 provided that:
      "(a) Development of Process Required. - The Administrator for
    Federal Procurement Policy, in consultation with the heads of
    appropriate Federal agencies, shall develop results-oriented
    acquisition process guidelines for implementation by agencies in
    acquisitions of property and services by the Federal agencies. The
    process guidelines shall include the identification of quantitative
    measures and standards for determining the extent to which an
    acquisition of items other than commercial items by a Federal
    agency satisfies the needs for which the items are being acquired.
      "(b) Inapplicability of Process to Department of Defense. - The
    process guidelines developed pursuant to subsection (a) may not be
    applied to the Department of Defense."

        DEVELOPMENT OF DEFINITIONS REGARDING CERTAIN SMALL BUSINESS
                                 CONCERNS
      Pub. L. 103-355, title VII, Sec. 7107, Oct. 13, 1994, 108 Stat.
    3376, directed the Administrator for Federal Procurement Policy to
    conduct a comprehensive review of Federal laws in effect on Nov. 1,
    1994, to identify and catalogue provisions defining small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals, minority-owned small business concerns,
    and small business concerns owned and controlled by women, for
    purposes of authorizing the participation of such small business
    concerns as prime contractors or subcontractors in contracts
    awarded directly by the Federal Government or subcontracts awarded
    under such contracts, or contracts and subcontracts funded, in
    whole or in part, by Federal financial assistance under grants,
    cooperative agreements, or other forms of Federal assistance. The
    Administrator was to develop uniform definitions and agency
    certification standards and procedures for qualification as a small
    business concern, and submit to Congress, not later than May 1,
    1996, a report on the results of the review, the actions taken, and
    the Administrator's recommendations.

          DATA COLLECTION THROUGH FEDERAL PROCUREMENT DATA SYSTEM      
      Section 10004 of Pub. L. 103-355 provided that:
      "(a) Data Collection Required. - The Federal Procurement Data
    System described in section 6(d)(4)(A) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified
    to collect from contracts in excess of the simplified acquisition
    threshold data identifying the following matters:
        "(1) Contract awards made pursuant to competitions conducted
      pursuant to section 2323 of title 10, United States Code, or
      section 7102 of the Federal Acquisition Streamlining Act of 1994
      [Pub. L. 103-355, 15 U.S.C. 644 note].
        "(2) Awards to business concerns owned and controlled by women.
        "(3) Number of offers received in response to a solicitation.
        "(4) Task order contracts.
        "(5) Contracts for the acquisition of commercial items.
      "(b) Definition. - In this section, the term 'simplified
    acquisition threshold' has the meaning given such term in section
    4(11) of the Office of Federal Procurement Policy Act (41 U.S.C.
    403(11))."

                         PROFIT METHODOLOGY STUDY                     
      Section 7 of Pub. L. 100-679 provided that:
      "(a) In General. - The Administrator shall conduct a study to
    develop a consistent methodology which executive 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 methodology developed
    under subsection (a) shall include adequate procedures for
    verifying and maintaining the confidentiality of contractors'
    financial data."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 405a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 405a. Uniform Federal procurement regulations and procedures

-STATUTE-
      The Administrator of the Office of Federal Procurement Policy is
    authorized and directed, pursuant to the authority conferred by
    Public Law 93-400 [41 U.S.C. 401 et seq.] and subject to the
    procedures set forth in such Public Law, to promulgate a single,
    simplified, uniform Federal procurement regulation and to establish
    procedures for insuring compliance with such provisions by all
    Federal agencies. In formulating such regulations and procedures
    the Administrator of the Office of Federal Procurement Policy
    shall, in consultation with the Small Business Administration,
    conduct analyses of the impact on small business concerns resulting
    from revised procurement regulations, and incorporate into revised
    procurement regulations simplified bidding, contract performance,
    and contract administration procedures for small business concerns.

-SOURCE-
    (Pub. L. 95-507, title II, Sec. 222, Oct. 24, 1978, 92 Stat. 1771.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 93-400, referred to in text, is Pub. L. 93-400, Aug.
    30, 1974, 88 Stat. 796, as amended, known as the Office of Federal
    Procurement Policy Act, which is classified principally to this
    chapter (Sec. 401 et seq.). For complete classification of this Act
    to the Code, see Short Title note set out under section 401 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Office of Federal
    Procurement Policy Act which comprises this chapter.


-MISC1-
             SUPERSEDURE OF INCONSISTENT STATUTORY PROVISIONS         
      Pub. L. 96-83, Sec. 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 Short Title note set out under section 401 of this
    title] as amended by this Act [see Short Title of 1979 Amendment
    note set out under section 401 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
    Investment Act of 1958' (41 U.S.C. 405a) to the extent they are
    inconsistent therewith."

-CROSS-
                                DEFINITIONS                            
      The definitions in section 637c of Title 15, Commerce and Trade,
    apply to this section.

-End-



-CITE-
    41 USC Sec. 405b                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 405b. Conflict of interest standards for individuals providing
      consulting services

-STATUTE-
    (a) Issuance of policy and regulations
      Not later than 90 days after October 1, 1988, the Administrator
    of the Office of Federal Procurement Policy shall issue a policy,
    and not later than 180 days thereafter Government-wide regulations
    shall be issued under the Office of Federal Procurement Policy Act
    (41 U.S.C. 401 et seq.) which set forth - 
        (1) conflict of interest standards for persons who provide
      consulting services described in subsection (b) of this section;
      and
        (2) procedures, including such registration, certification, and
      enforcement requirements as may be appropriate, to promote
      compliance with such standards.
    (b) Services subject to regulations
      The regulations required by subsection (a) of this section shall
    apply to the following types of consulting services:
        (1) advisory and assistance services provided to the Government
      to the extent necessary to identify and evaluate the potential
      for conflicts of interest that could be prejudicial to the
      interests of the United States;
        (2) services related to support of the preparation or
      submission of bids and proposals for Federal contracts to the
      extent that inclusion of such services in such regulations is
      necessary to identify and evaluate the potential for conflicts of
      interest that could be prejudicial to the interests of the United
      States; and
        (3) such other services related to Federal contracts as may be
      specified in the regulations prescribed under subsection (a) of
      this section to the extent necessary to identify and evaluate the
      potential for conflicts of interest that could be prejudicial to
      the interests of the United States.
    (c) Report to Congress by Comptroller General on effectiveness of
      regulations
      The Comptroller General shall report to Congress not later than
    one year after October 1, 1988, his assessment of the effectiveness
    of the regulations prescribed under this section.
    (d) Intelligence activities exemption; annual report by Director of
      Central Intelligence
      Intelligence activities as defined in section 3.4(e) of Executive
    order 12333 or a comparable definitional section in any successor
    order may be exempt from the regulations required by subsection (a)
    of this section: Provided, That the Director of Central
    Intelligence shall report to the Intelligence and Appropriations
    Committees of the Congress no later than January 1, 1990, and
    annually thereafter delineating those activities and organizations
    which have been exempted from the regulations required by
    subsection (a) of this section in accordance with the provisions of
    this subsection.
    (e) Adverse effect determination by President prior to issuance of
      regulations; report to Congressional committees; voiding of
      regulations requirement
      The President shall, before issuance of the regulations required
    by subsection (a) of this section, determine if the promulgation of
    such regulations would have a significantly adverse effect on the
    accomplishment of the mission of the Department of Defense or other
    Federal Government agencies: Provided, That if the President
    determines that the regulations required by subsection (a) of this
    section would have such an adverse effect, the President shall so
    report to the appropriate committees of the Senate and the House of
    Representatives, stating in full the reasons for such a
    determination: Provided further, That in the event of submission of
    a report to the committees containing an adverse effect
    determination, the requirement for the regulations prescribed by
    subsection (a) of this section shall be null and void.

-SOURCE-
    (Pub. L. 100-463, title VIII, Sec. 8141, Oct. 1, 1988, 102 Stat.
    2270-47.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (a), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as
    amended, which is classified principally to this chapter (Sec. 401
    et seq.). For complete classification of this Act to the Code, see
    Short Title note set out under section 401 of this title.
      Executive order 12333, referred to in subsec. (d), is set out as
    a note under section 401 of Title 50, War and National Defense.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Defense
    Appropriations Act, 1989, and not as part of the Office of Federal
    Procurement Policy Act which comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.


-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (d) of this section is listed
    on page 156), see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance.

-End-



-CITE-
    41 USC Sec. 406                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 406. Administrative powers

-STATUTE-
      Upon the request of the Administrator, each executive agency is
    directed to - 
        (1) make its services, personnel, and facilities available to
      the Office to the greatest practicable extent for the performance
      of functions under this chapter; and
        (2) except when prohibited by law, furnish to the Administrator
      and give him access to all information and records in its
      possession which the Administrator may determine to be necessary
      for the performance of the functions of the Office.

-SOURCE-
    (Pub. L. 93-400, Sec. 7, Aug. 30, 1974, 88 Stat. 798.)

-End-



-CITE-
    41 USC Sec. 407                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 407. Repealed.

-MISC1-
    Sec. 407. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.
      4305(b), Feb. 10, 1996, 110 Stat. 665.
      Section, Pub. L. 93-400, Sec. 8, Aug. 30, 1974, 88 Stat. 798;
    Pub. L. 96-83, Sec. 5, Oct. 10, 1979, 93 Stat. 651; Pub. L. 98-191,
    Sec. 8(a), Dec. 1, 1983, 97 Stat. 1331, related to responsiveness
    to Congress.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 408                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 408. Applicability of existing laws

-STATUTE-
      The authority of an executive agency under any other law to
    prescribe policies, regulations, procedures, and forms for
    procurement is subject to the authority conferred in section 405 of
    this title.

-SOURCE-
    (Pub. L. 93-400, Sec. 9, Aug. 30, 1974, 88 Stat. 799.)

-End-



-CITE-
    41 USC Sec. 409                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 409. Repealed.

-MISC1-
    Sec. 409. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.
      4305(c)(1), Feb. 10, 1996, 110 Stat. 665.
      Section, Pub. L. 93-400, Sec. 10, Aug. 30, 1974, 88 Stat. 799;
    Pub. L. 96-83, Sec. 6, Oct. 10, 1979, 93 Stat. 651; Pub. L. 98-191,
    Sec. 8(b), Dec. 1, 1983, 97 Stat. 1331, related to continuation in
    effect of procurement policies, regulations, procedures, and forms
    in effect on Dec. 1, 1983.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 410                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 410. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated for the Office of Federal
    Procurement Policy each fiscal year such sums as may be necessary
    for carrying out the responsibilities of that office for such
    fiscal year.

-SOURCE-
    (Pub. L. 93-400, Sec. 11, Aug. 30, 1974, 88 Stat. 799; Pub. L. 96-
    83, Sec. 7, Oct. 10, 1979, 93 Stat. 651; Pub. L. 98-191, Sec. 6,
    Dec. 1, 1983, 97 Stat. 1329; Pub. L. 100-679, Sec. 3(b), Nov. 17,
    1988, 102 Stat. 4056; Pub. L. 104-106, div. D, title XLIII, Sec.
    4305(c)(2), Feb. 10, 1996, 110 Stat. 665.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-106 amended section generally. Prior to
    amendment, section read as follows: "There are authorized to be
    appropriated to carry out the provisions of this chapter, and for
    no other purpose, $4,500,000 for the fiscal year ending September
    30, 1984, and such sums as may be necessary for each succeeding
    fiscal year."
      1988 - Pub. L. 100-679 substituted "such sums as may be necessary
    for each succeeding fiscal year" for "for each of the three
    succeeding fiscal years".
      1983 - Pub. L. 98-191 amended section generally, substituting
    provisions authorizing appropriations of $4,500,000 for the fiscal
    year ending Sept. 30, 1984, and for each of the three succeeding
    fiscal years for provisions authorizing appropriations of
    $4,000,000 for the fiscal year ending Sept. 30, 1980, and for each
    of the three succeeding fiscal years and requiring that future
    authorization of appropriations to carry out the purposes of this
    chapter be referred to the Senate Committee on Governmental
    Affairs.
      1979 - Pub. L. 96-83 substituted provisions authorizing
    appropriations of $4,000,000 for the fiscal year ending Sept. 30,
    1980, and for each of the three succeeding fiscal years, such funds
    not to be used for any other purpose, with one-third of the
    appropriations to be made available to the Federal Acquisition
    Institute, for provisions authorizing appropriations of not to
    exceed $2,000,000 for the fiscal year ending June 30, 1975, of
    which not to exceed $150,000 was to be available for the purposes
    of former section 405(d)(4) of this title, and such other sums as
    necessary for each of the four fiscal years thereafter, and
    substituted "Governmental Affairs" for "Government Operations".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12
    of Pub. L. 96-83, set out as a note under section 401 of this
    title.

-End-



-CITE-
    41 USC Sec. 411                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 411. Delegation of authority by Administrator

-STATUTE-
      (a) The Administrator may delegate, and authorize successive
    redelegations of, any authority, function, or power of the
    Administrator under this chapter (other than the authority to
    provide overall direction of Federal procurement policy and to
    prescribe policies and regulations to carry out such policy), to
    any other executive agency with the consent of the head of such
    executive agency or at the direction of the President.
      (b) The Administrator may make and authorize such delegations
    within the Office as he determines to be necessary to carry out the
    provisions of this chapter.

-SOURCE-
    (Pub. L. 93-400, Sec. 12, Aug. 30, 1974, 88 Stat. 799; Pub. L. 96-
    83, Sec. 8, Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Sec.
    8(c), Dec. 1, 1983, 97 Stat. 1331.)


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 98-191 substituted "The Administrator
    may delegate, and authorize successive redelegations of, any
    authority, function, or power of the Administrator under this
    chapter (other than the authority to provide overall direction of
    Federal procurement policy and to prescribe policies and
    regulations to carry out such policy), to any other executive
    agency with the consent of the head of such executive agency or at
    the direction of the President" for "The Administrator may
    delegate, and authorize successive redelegations of, any authority,
    function, or power under this chapter, other than his basic
    authority to provide overall leadership in the development of
    Federal procurement policy, to any other executive agency with the
    consent of such agency or at the direction of the President".
      1979 - Subsec. (a). Pub. L. 96-83 substituted provisions
    respecting delegation of the leadership role in the development of
    policy, for provisions respecting delegation of the direction of
    policy and the authority to prescribe rules and regulations to
    effectuate that policy.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12
    of Pub. L. 96-83, set out as a note under section 401 of this
    title.

-End-



-CITE-
    41 USC Sec. 412                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 412. Comptroller General's access to information from
      Administrator; rule making procedure

-STATUTE-
      (a) The Administrator and personnel in his Office shall furnish
    such information as the Comptroller General may require for the
    discharge of his responsibilities. For this purpose, the
    Comptroller General or his representatives shall have access to all
    books, documents, papers, and records of the Office.
      (b) The Administrator shall, by regulation, require that formal
    meetings of the Office, as designated by him, for the purpose of
    developing procurement policies and regulations shall be open to
    the public, and that public notice of each such meeting shall be
    given not less than ten days prior thereto.

-SOURCE-
    (Pub. L. 93-400, Sec. 14, Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-
    83, Sec. 9, Oct. 10, 1979, 93 Stat. 652.)


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (b). Pub. L. 96-83 substituted "developing" for
    "establishing".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12
    of Pub. L. 96-83, set out as a note under section 401 of this
    title.

-End-



-CITE-
    41 USC Sec. 413                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 413. Tests of innovative procurement methods and procedures

-STATUTE-
      (a) The Administrator may develop innovative procurement methods
    and procedures to be tested by selected executive agencies. In
    developing any program to test innovative procurement methods and
    procedures under this subsection, the Administrator shall consult
    with the heads of executive agencies to - 
        (1) ascertain the need for and specify the objectives of such
      program;
        (2) develop the guidelines and procedures for carrying out such
      program and the criteria to be used in measuring the success of
      such program;
        (3) evaluate the potential costs and benefits which may be
      derived from the innovative procurement methods and procedures
      tested under such program;
        (4) select the appropriate executive agencies or components of
      executive agencies to carry out such program;
        (5) specify the categories and types of products or services to
      be procured under such program; and
        (6) develop the methods to be used to analyze the results of
      such program.

    A program to test innovative procurement methods and procedures may
    not be carried out unless approved by the heads of the executive
    agencies selected to carry out such program.
      (b) If the Administrator determines that it is necessary to waive
    the application of any provision of law in order to carry out a
    proposed program to test innovative procurement methods and
    procedures under subsection (a) of this section, the Administrator
    shall transmit notice of the proposed program to the Committee on
    Government Operations of the House of Representatives and the
    Committee on Governmental Affairs of the Senate and request that
    such committees take such action as may be necessary to provide
    that such provision of law does not apply with respect to the
    proposed program. The notification to Congress shall include a
    description of the proposed program (including the scope and
    purpose of the proposed program), the procedures to be followed in
    carrying out the proposed program, the provisions of law affected
    and any provision of law the application of which must be waived in
    order to carry out the proposed program, and the executive agencies
    involved in carrying out the proposed program.

-SOURCE-
    (Pub. L. 93-400, Sec. 15, as added Pub. L. 98-191, Sec. 7, Dec. 1,
    1983, 97 Stat. 1329; amended Pub. L. 104-201, div. A, title X, Sec.
    1074(f)(2), Sept. 23, 1996, 110 Stat. 2661.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 15 of Pub. L. 93-400 amended sections 474, 481,
    and 487 of former Title 40, Public Buildings, Property, and Works.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-201 struck out after first
    sentence "The innovative procurement methods and procedures tested
    under this subsection shall be consistent with the policies set
    forth in section 401 of this title."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Operations of House of Representatives
    treated as referring to Committee on Government Reform and
    Oversight of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.


-MISC2-
                    TEST PROGRAM FOR EXECUTIVE AGENCIES                
      Pub. L. 103-355, title V, Sec. 5061, Oct. 13, 1994, 108 Stat.
    3352, as amended by Pub. L. 104-106, div. D, title XLIII, Sec.
    4302(a), Feb. 10, 1996, 110 Stat. 658; Pub. L. 105-85, div. A,
    title VIII, Sec. 850(f)(1), Nov. 18, 1997, 111 Stat. 1849, provided
    that:
      "(a) In General. - The Administrator for Federal Procurement
    Policy (in this section referred to as the 'Administrator') may
    conduct a program of tests of alternative and innovative
    procurement procedures. To the extent consistent with this section,
    such program shall be conducted consistent with section 15 of the
    Office of Federal Procurement Policy Act (41 U.S.C. 413). No more
    than 6 such tests shall be conducted under the authority of this
    subsection, and not more than 1 such test shall be conducted under
    such authority in an agency.
      "(b) Designation of Agencies. - Each test conducted pursuant to
    subsection (a) shall be carried out in not more than 2 specific
    procuring activities in an agency designated by the Administrator.
    Each agency so designated shall select the procuring activities
    participating in the test with the approval of the Administrator
    and shall designate a procurement testing official who shall be
    responsible for the conduct and evaluation of tests within that
    agency.
      "(c) Test Requirements and Limitations. - (1) Each test conducted
    under subsection (a) - 
        "(A) shall be developed and structured by the Administrator or
      by the agency senior procurement executive designated pursuant to
      section 16(3) of the Office of Federal Procurement Policy Act
      ([former] 41 U.S.C. 414(3)) in close coordination with the
      Administrator; and
        "(B) shall be limited to specific programs of agencies or
      specific acquisitions.
      "(2) The total estimated life-cycle cost to the Federal
    Government for each test conducted under subsection (a) may not
    exceed $100,000,000.
      "(3)(A) Except as provided in subparagraph (B), each contract
    awarded in conducting the tests under subsection (a) (including the
    cost of options if all options were to be exercised) may not exceed
    $5,000,000.
      "(B) For one of the tests conducted under subsection (a), the
    amount of each contract awarded in conducting the test (including
    options) may exceed $5,000,000.
      "(4) The program of tests conducted under subsection (a) shall
    include, either as a test or as part of a test, the use of the
    electronic commerce capability required by section 30 of the Office
    of Federal Procurement Policy Act [41 U.S.C. 426] for procurement
    actions in amounts greater than the simplified acquisition
    threshold.
      "(d) Limitation on Total Value of Contracts Under Program. - (1)
    The Administrator shall ensure that the total amount obligated
    under contracts awarded pursuant to the program under this section
    does not exceed $600,000,000. In calculating such amount, the
    Administrator shall not include any contract awarded for the test
    conducted by the National Aeronautics and Space Administration
    pursuant to section 5062 of this Act [42 U.S.C. 2473 note].
      "(2) The Administrator shall monitor the value of contracts
    awarded pursuant to the program under this section.
      "(3) No contract may be awarded under the program under this
    section if the award of the contract would result in obligation of
    more than $600,000,000 under contracts awarded pursuant to the
    program under this section.
      "(e) Procedures Authorized. - Tests conducted under this section
    may include any of the following procedures:
        "(1) Publication of agency needs before drafting of a
      solicitation.
        "(2) Issuance of draft solicitations for comment.
        "(3) Streamlined solicitations that specify as the evaluation
      factors the minimum factors necessary, require sources to submit
      the minimum information necessary, provide abbreviated periods
      for submission of offers, and specify page limitations for
      offers.
        "(4) Limitation of source selection factors to - 
          "(A) cost to the Federal Government;
          "(B) past experience and performance; and
          "(C) quality of the content of the offer.
        "(5) Evaluation of proposals by small teams of highly qualified
      people over a period not greater than 30 days.
        "(6) Restriction of competitions to sources determined capable
      in a precompetition screening process, provided that the
      screening process affords all interested sources a fair
      opportunity to be considered.
        "(7) Restriction of competitions to sources of preevaluated
      products, provided that the preevaluation process affords all
      interested sources a fair opportunity to be considered.
        "(8) Alternative notice and publication requirements.
        "(9) A process in which - 
          "(A) the competitive process is initiated by publication in
        the Commerce Business Daily of a notice that - 
            "(i) contains a synopsis of the functional and performance
          needs of the executive agency conducting the test, and, for
          purposes of guidance only, other specifications; and
            "(ii) invites any interested source to submit information
          or samples showing the suitability of its product for meeting
          those needs, together with a price quotation, or, if
          appropriate, showing the source's technical capability, past
          performance, product supportability, or other qualifications
          (including, as appropriate, information regarding rates and
          other cost-related factors);
          "(B) contracting officials develop a request for proposals
        (including appropriate specifications and evaluation criteria)
        after reviewing the submissions of interested sources and, if
        the officials determine necessary, after consultation with
        those sources; and
          "(C) a contract is awarded after a streamlined competition
        that is limited to all sources that timely provided product
        information in response to the notice or, if appropriate, to
        those sources determined most capable based on the
        qualification-based factors included in an invitation to submit
        information pursuant to subparagraph (A).
      "(f) Measurable Test Criteria. - The Administrator shall require
    each agency conducting a test pursuant to subsection (a) to
    establish, to the maximum extent practicable, measurable criteria
    for evaluation of the effects of the procedure or technique to be
    tested.
      "(g) Test Plan. - At least 270 days before a test may be
    conducted under this section, the Administrator shall - 
        "(1) provide a detailed test plan, including lists of any
      regulations that are to be waived, and any written determination
      under subsection (h)(1)(B) to the Committee on Government
      Operations [now Committee on Government Reform] of the House of
      Representatives and the Committee on Governmental Affairs [now
      Committee on Homeland Security and Governmental Affairs] of the
      Senate;
        "(2) provide a copy of the plan to the appropriate
      authorization and appropriations committees of the House of
      Representatives and the Senate; and
        "(3) publish the plan in the Federal Register and provide an
      opportunity for public comment.
      "(h) Waiver of Procurement Regulations. - (1) For purposes of a
    test conducted under subsection (a), the Administrator may waive - 
        "(A) any provision of the Federal Acquisition Regulation that
      is not required by statute; and
        "(B) any provision of the Federal Acquisition Regulation that
      is required by a provision of law described in paragraph (2), the
      waiver of which the Administrator determines in writing to be
      necessary to conduct any test of any of the procedures described
      in subsection (e).
      "(2) The provisions of law referred to in paragraph (1) are as
    follows:
        "(A) The following provisions of title 10, United States Code:
          "(i) Section 2304.
          "(ii) Section 2305.
          "(iii) Section 2319.
        "(B) Subsections (e), (f), and (g) of section 8 of the Small
      Business Act (15 U.S.C. 637).
        "(C) The following provisions of the Revised Statutes:
          "(i) Section 3709 (41 U.S.C. 5).
          "(ii) Section 3710 (41 U.S.C. 8).
          "(iii) Section 3735 (41 U.S.C. 13).
        "(D) The following provisions of the Federal Property and
      Administrative Services Act of 1949:
          "(i) Section 303 (41 U.S.C. 253).
          "(ii) Section 303A (41 U.S.C. 253a).
          "(iii) Section 303B (41 U.S.C. 253b).
          "(iv) Section 303C (41 U.S.C. 253c).
          "(v) Section 310 (41 U.S.C. 260).
        "(E) The following provisions of the Office of Federal
      Procurement Policy Act:
          "(i) Section 4(6) (41 U.S.C. 403(6)).
          "(ii) Section 18 (41 U.S.C. 416).
      "(3) If the Administrator determines that the conduct of a test
    requires the waiver of a law not listed in paragraph (2) or
    requires approval of an estimated dollar amount not permitted under
    subsection (c)(4), the Administrator may propose legislation to
    authorize the waiver or grant the approval. Before proposing such
    legislation, the Administrator may provide and publish a test plan
    as described in subsection (g).
      "(i) Report. - Not later than 6 months after completion of a test
    conducted under subsection (a), the Comptroller General shall
    submit to Congress a report for the test setting forth in detail
    the results of the test, including such recommendations as the
    Comptroller General considers appropriate.
      "(j) Commencement and Expiration of Authority. - The authority to
    conduct a test under subsection (a) in an agency and to award
    contracts under such a test shall take effect on January 1, 1997,
    and shall expire on January 1, 2001. A contract entered into before
    such authority expires in an agency pursuant to a test shall remain
    in effect, in accordance with the terms of the contract, the
    notwithstanding of expiration the authority to conduct the test
    under this section.
      "(k) Rule of Construction. - Nothing in this section shall be
    construed as authorizing the appropriation or obligation of funds
    for the tests conducted pursuant to subsection (a)."

-End-



-CITE-
    41 USC Sec. 414                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 414. Chief Acquisition Officers and senior procurement
      executives

-STATUTE-
    (a) Establishment of agency Chief Acquisition Officers
      (1) (!1) The head of each executive agency described in section
    901(b)(1) (other than the Department of Defense) or section
    901(b)(2)(C) of title 31 with a Chief Financial Officer appointed
    or designated under section 901(a) of such title shall appoint or
    designate a non-career employee as Chief Acquisition Officer for
    the agency, who shall - 

        (A) have acquisition management as that official's primary
      duty; and
        (B) advise and assist the head of the executive agency and
      other agency officials to ensure that the mission of the
      executive agency is achieved through the management of the
      agency's acquisition activities.
    (b) Authority and functions of agency Chief Acquisition Officers
      The functions of each Chief Acquisition Officer shall include - 
        (1) monitoring the performance of acquisition activities and
      acquisition programs of the executive agency, evaluating the
      performance of those programs on the basis of applicable
      performance measurements, and advising the head of the executive
      agency regarding the appropriate business strategy to achieve the
      mission of the executive agency;
        (2) increasing the use of full and open competition in the
      acquisition of property and services by the executive agency by
      establishing policies, procedures, and practices that ensure that
      the executive agency receives a sufficient number of sealed bids
      or competitive proposals from responsible sources to fulfill the
      Government's requirements (including performance and delivery
      schedules) at the lowest cost or best value considering the
      nature of the property or service procured;
        (3) increasing appropriate use of performance-based contracting
      and performance specifications;
        (4) making acquisition decisions consistent with all applicable
      laws and establishing clear lines of authority, accountability,
      and responsibility for acquisition decisionmaking within the
      executive agency;
        (5) managing the direction of acquisition policy for the
      executive agency, including implementation of the unique
      acquisition policies, regulations, and standards of the executive
      agency;
        (6) developing and maintaining an acquisition career management
      program in the executive agency to ensure that there is an
      adequate professional workforce; and
        (7) as part of the strategic planning and performance
      evaluation process required under section 306 of title 5 and
      sections 1105(a)(28), 1115, 1116, and 9703 of title 31 - 
          (A) assessing the requirements established for agency
        personnel regarding knowledge and skill in acquisition
        resources management and the adequacy of such requirements for
        facilitating the achievement of the performance goals
        established for acquisition management;
          (B) in order to rectify any deficiency in meeting such
        requirements, developing strategies and specific plans for
        hiring, training, and professional development; and
          (C) reporting to the head of the executive agency on the
        progress made in improving acquisition management capability.
    (c) Senior procurement executive
      (1) The head of each executive agency shall designate a senior
    procurement executive who shall be responsible for management
    direction of the procurement system of the executive agency,
    including implementation of the unique procurement policies,
    regulations, and standards of the executive agency.
      (2) In the case of an executive agency for which a Chief
    Acquisition Officer has been appointed or designated under
    subsection (a) of this section, the head of such executive agency
    shall either - 
        (A) designate the Chief Acquisition Officer as the senior
      procurement executive for the executive agency; or
        (B) ensure that the senior procurement executive designated for
      the executive agency under paragraph (1) reports directly to the
      Chief Acquisition Officer without intervening authority.

-SOURCE-
    (Pub. L. 93-400, Sec. 16, as added Pub. L. 98-191, Sec. 7, Dec. 1,
    1983, 97 Stat. 1330; amended Pub. L. 98-369, div. B, title VII,
    Sec. 2732(b)(2), July 18, 1984, 98 Stat. 1199; Pub. L. 108-136,
    div. A, title XIV, Sec. 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136 amended section generally. Prior to
    amendment, section related to executive agency responsibilities.
      1984 - Par. (1). Pub. L. 98-369 substituted "increase the use of
    full and open competition in the procurement of property or
    services by the executive agency by establishing policies,
    procedures, and practices that assure that the executive agency
    receives a sufficient number of sealed bids or competitive
    proposals from responsible sources to fulfill the Government's
    requirements (including performance and delivery schedules) at the
    lowest reasonable cost considering the nature of the property or
    service procured;" for "increase the use of effective competition
    in procurement by the executive agency;".

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.


-End-



-CITE-
    41 USC Sec. 414a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 414a. Personnel evaluation

-STATUTE-
      The head of each executive agency that is subject to the
    provisions of title III of the Federal Property and Administrative
    Services Act of 1949 [41 U.S.C. 251 et seq.] shall ensure, with
    respect to the employees of that agency whose primary duties and
    responsibilities pertain to the award of contracts subject to the
    provisions of this Act, that the performance appraisal system
    applicable to such employees affords appropriate recognition to,
    among other factors, efforts - 
        (1) to increase competition and achieve cost savings through
      the elimination of procedures that unnecessarily inhibit full and
      open competition;
        (2) to further the purposes of the Small Business and Federal
      Procurement Competition Enhancement Act of 1984 and the Defense
      Procurement Reform Act of 1984; and
        (3) to further such other objectives and purposes of the
      Federal acquisition system as may be authorized by law.

-SOURCE-
    (Pub. L. 98-577, title V, Sec. 502, Oct. 30, 1984, 98 Stat. 3085.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949, as
    amended, referred to in provision preceding par. (1), is act June
    30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act
    is classified generally to subchapter IV (Sec. 251 et seq.) of
    chapter 4 of this title. For complete classification of this Act to
    the Code, see Tables.
      This Act and the Small Business and Federal Procurement
    Competition Enhancement Act of 1984, referred to in provision
    preceding par. (1) and par. (2), is Pub. L. 98-577, Oct. 30, 1984,
    98 Stat. 3066. For complete classification of this Act to the Code,
    see Short Title note set out under section 251 of this title and
    Tables.
      The Defense Procurement Reform Act of 1984, referred to in par.
    (2), is Pub. L. 98-525, title XII, Oct. 19, 1984, 98 Stat. 2588.
    For complete classification of this Act to the Code, see Short
    Title of 1984 Amendment note set out under section 2302 of Title
    10, Armed Forces, and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Small Business and Federal
    Procurement Competition Enhancement Act of 1984, and not as part of
    the Office of Federal Procurement Policy Act which comprises this
    chapter.

-End-



-CITE-
    41 USC Sec. 414b                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 414b. Chief Acquisition Officers Council

-STATUTE-
    (a) Establishment
      There is established in the executive branch a Chief Acquisition
    Officers Council.
    (b) Membership
      The members of the Council shall be as follows:
        (1) The Deputy Director for Management of the Office of
      Management and Budget, who shall act as Chairman of the Council.
        (2) The Administrator for Federal Procurement Policy.
        (3) The Under Secretary of Defense for Acquisition, Technology,
      and Logistics.
        (4) The chief acquisition officer of each executive agency that
      is required to have a chief acquisition officer under section 414
      of this title and the senior procurement executive of each
      military department.
        (5) Any other senior agency officer of each executive agency,
      appointed by the head of the agency in consultation with the
      Chairman, who can effectively assist the Council in performing
      the functions set forth in subsection (e) of this section and
      supporting the associated range of acquisition activities.
    (c) Leadership; support
      (1) The Administrator for Federal Procurement Policy shall lead
    the activities of the Council on behalf of the Deputy Director for
    Management.
      (2)(A) The Vice Chairman of the Council shall be selected by the
    Council from among its members.
      (B) The Vice Chairman shall serve a 1-year term, and may serve
    multiple terms.
      (3) The Administrator of General Services shall provide
    administrative and other support for the Council.
    (d) Principal forum
      The Council is designated the principal interagency forum for
    monitoring and improving the Federal acquisition system.
    (e) Functions
      The Council shall perform functions that include the following:
        (1) Develop recommendations for the Director of the Office of
      Management and Budget on Federal acquisition policies and
      requirements.
        (2) Share experiences, ideas, best practices, and innovative
      approaches related to Federal acquisition.
        (3) Assist the Administrator in the identification,
      development, and coordination of multiagency projects and other
      innovative initiatives to improve Federal acquisition.
        (4) Promote effective business practices that ensure the timely
      delivery of best value products to the Federal Government and
      achieve appropriate public policy objectives.
        (5) Further integrity, fairness, competition, openness, and
      efficiency in the Federal acquisition system.
        (6) Work with the Office of Personnel Management to assess and
      address the hiring, training, and professional development needs
      of the Federal Government related to acquisition.
        (7) Work with the Administrator and the Federal Acquisition
      Regulatory Council to promote the business practices referred to
      in paragraph (4) and other results of the functions carried out
      under this subsection.

-SOURCE-
    (Pub. L. 93-400, Sec. 16A, as added Pub. L. 108-136, div. A, title
    XIV, Sec. 1422(a), Nov. 24, 2003, 117 Stat. 1668.)

-End-



-CITE-
    41 USC Sec. 415                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 415. Repealed.

-MISC1-
    Sec. 415. Repealed. Pub. L. 103-355, title VI, Sec. 6003, Oct. 13,
      1994, 108 Stat. 3364.
      Section, Pub. L. 93-400, Sec. 17, as added Pub. L. 98-191, Sec.
    7, Dec. 1, 1983, 97 Stat. 1330, directed Administrator to conduct
    studies and issue report by Apr. 1, 1984, to Congressional
    committees on extent of competition in award of subcontracts by
    Federal prime contractors.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 10001
    of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 416                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 416. Procurement notice

-STATUTE-
    (a) Covered executive agency activities; publication of notice;
      time limitations
      (1) Except as provided in subsection (c) of this section - 
        (A) an executive agency intending to - 
          (i) solicit bids or proposals for a contract for property or
        services for a price expected to exceed $25,000; or
          (ii) place an order, expected to exceed $25,000, under a
        basic agreement, basic ordering agreement, or similar
        arrangement,

      shall publish a notice of solicitation described in subsection
      (b) of this section;
        (B) an executive agency intending to solicit bids or proposals
      for a contract for property or services for a price expected to
      exceed $10,000, but not to exceed $25,000, shall post, for a
      period of not less than ten days, in a public place at the
      contracting office issuing the solicitation a notice of
      solicitation described in subsection (b) of this section; and
        (C) an executive agency awarding a contract for property or
      services for a price exceeding $25,000, or placing an order
      referred to in clause (A)(ii) exceeding $25,000, shall furnish
      for publication by the Secretary of Commerce a notice announcing
      the award or order if there is likely to be any subcontract under
      such contract or order.

      (2)(A) A notice of solicitation required to be published under
    paragraph (1) may be published - 
        (i) by electronic means that meets the requirements for
      accessibility under paragraph (7); or
        (ii) by the Secretary of Commerce in the Commerce Business
      Daily.

      (B) The Secretary of Commerce shall promptly publish in the
    Commerce Business Daily each notice or announcement received under
    this subsection for publication by that means.
      (3) Whenever an executive agency is required by paragraph (1)(A)
    to publish a notice of solicitation, such executive agency may not -
     
        (A) issue the solicitation earlier than 15 days after the date
      on which the notice is published; or
        (B) in the case of a contract or order expected to be greater
      than the simplified acquisition threshold, establish a deadline
      for the submission of all bids or proposals in response to the
      notice required by paragraph (1)(A) that - 
          (i) in the case of an order under a basic agreement, basic
        ordering agreement, or similar arrangement, is earlier than the
        date 30 days after the date the notice required by paragraph
        (1)(A)(ii) is published;
          (ii) in the case of a solicitation for research and
        development, is earlier than the date 45 days after the date
        the notice required by paragraph (1)(A)(i) is published; or
          (iii) in any other case, is earlier than the date 30 days
        after the date the solicitation is issued.

      (4) An executive agency intending to solicit offers for a
    contract for which a notice of solicitation is required to be
    posted under paragraph (1)(B) shall ensure that contracting
    officers consider each responsive offer timely received from an
    offeror.
      (5) An executive agency shall establish a deadline for the
    submission of all bids or proposals in response to a solicitation
    with respect to which no such deadline is provided by statute. Each
    deadline for the submission of offers shall afford potential
    offerors a reasonable opportunity to respond.
      (6) The Administrator shall prescribe regulations defining
    limited circumstances in which flexible deadlines can be used under
    paragraph (3) for the issuance of solicitations and the submission
    of bids or proposals for the procurement of commercial items.
      (7) A publication of a notice of solicitation by electronic means
    meets the requirements for accessibility under this paragraph if
    the notice is electronically accessible in a form that allows
    convenient and universal user access through the single Government-
    wide point of entry designated in the Federal Acquisition
    Regulation.
    (b) Contents of notice
      Each notice of solicitation required by subparagraph (A) or (B)
    of subsection (a)(1) shall include - 
        (1) an accurate description of the property or services to be
      contracted for, which description (A) shall not be unnecessarily
      restrictive of competition, and (B) shall include, as
      appropriate, the agency nomenclature, National Stock Number or
      other part number, and a brief description of the item's form,
      fit, or function, physical dimensions, predominant material of
      manufacture, or similar information that will assist a
      prospective contractor to make an informed business judgment as
      to whether a copy of the solicitation should be requested;
        (2) provisions that - 
          (A) state whether the technical data required to respond to
        the solicitation will not be furnished as part of such
        solicitation, and identify the source in the Government, if
        any, from which the technical data may be obtained; and
          (B) state whether an offeror, its product, or service must
        meet a qualification requirement in order to be eligible for
        award, and, if so, identify the office from which the
        qualification requirement may be obtained;

        (3) the name, business address, and telephone number of the
      contracting officer;
        (4) a statement that all responsible sources may submit a bid,
      proposal, or quotation (as appropriate) which shall be considered
      by the agency;
        (5) in the case of a procurement using procedures other than
      competitive procedures, a statement of the reason justifying the
      use of such procedures and the identity of the intended source;
      and
        (6) in the case of a contract in an amount estimated to be
      greater than $25,000 but not greater than the simplified
      acquisition threshold, or a contract for the procurement of
      commercial items using special simplified procedures - 
          (A) a description of the procedures to be used in awarding
        the contract; and
          (B) a statement specifying the periods for prospective
        offerors and the contracting officer to take the necessary
        preaward and award actions.
    (c) Exempted, etc., activities of executive agency
      (1) A notice is not required under subsection (a)(1) of this
    section if - 
        (A) the proposed procurement is for an amount not greater than
      the simplified acquisition threshold and is to be conducted by - 
          (i) using widespread electronic public notice of the
        solicitation in a form that allows convenient and universal
        user access through a single, Government-wide point of entry;
        and
          (ii) permitting the public to respond to the solicitation
        electronically;

        (B) the notice would disclose the executive agency's needs and
      the disclosure of such needs would compromise the national
      security;
        (C) the proposed procurement would result from acceptance of - 
          (i) any unsolicited proposal that demonstrates a unique and
        innovative research concept and the publication of any notice
        of such unsolicited research proposal would disclose the
        originality of thought or innovativeness of the proposal or
        would disclose proprietary information associated with the
        proposal; or
          (ii) a proposal submitted under section 638 of title 15;

        (D) the procurement is made against an order placed under a
      requirements contract, a task order contract, or a delivery order
      contract;
        (E) the procurement is made for perishable subsistence
      supplies;
        (F) the procurement is for utility services, other than
      telecommunication services, and only one source is available;
        (G) the procurement is for the services of an expert for use in
      any litigation or dispute (including any reasonably foreseeable
      litigation or dispute) involving the Federal Government in any
      trial, hearing, or proceeding before any court, administrative
      tribunal, or agency, or in any part of an alternative dispute
      resolution process, whether or not the expert is expected to
      testify; or
        (H) the procurement is by the Secretary of Homeland Security
      pursuant to the special procedures provided in section 393(c) of
      title 6.

      (2) The requirements of subsection (a)(1)(A) of this section do
    not apply to any procurement under conditions described in
    paragraph (2), (3), (4), (5), or (7) of section 253(c) of this
    title or paragraph (2), (3), (4), (5), or (7) of section 2304(c) of
    title 10.
      (3) The requirements of subsection (a)(1)(A) of this section
    shall not apply in the case of any procurement for which the head
    of the executive agency makes a determination in writing, after
    consultation with the Administrator for Federal Procurement Policy
    and the Administrator of the Small Business Administration, that it
    is not appropriate or reasonable to publish a notice before issuing
    a solicitation.
    (d) Availability of complete solicitation package; payment of fee
      An executive agency shall make available to any business concern,
    or the authorized representative of such concern, the complete
    solicitation package for any on-going procurement announced
    pursuant to a notice of solicitation under subsection (a) of this
    section. An executive agency may require the payment of a fee, not
    exceeding the actual cost of duplication, for a copy of such
    package.

-SOURCE-
    (Pub. L. 93-400, Sec. 18, as added Pub. L. 98-369, div. B, title
    VII, Sec. 2732(a), July 18, 1984, 98 Stat. 1195; amended Pub. L. 98-
    577, title III, Sec. 303(a), Oct. 30, 1984, 98 Stat. 3077; Pub. L.
    99-500, Sec. 101(c) [title X, Sec. 922(b), (d)(2)], Oct. 18, 1986,
    100 Stat. 1783-82, 1783-151, 1783-152, and Pub. L. 99-591, Sec.
    101(c) [title X, Sec. 922(b), (d)(2)], Oct. 30, 1986, 100 Stat.
    3341-82, 3341-151, 3341-152; Pub. L. 99-661, div. A, title IX,
    formerly title IV, Sec. 922(b), (d)(2), Nov. 14, 1986, 100 Stat.
    3931, 3932; renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr.
    21, 1987, 101 Stat. 273; Pub. L. 101-510, div. A, title VIII, Sec.
    806(d), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103-355, title I,
    Sec. 1055(b)(1), title IV, Secs. 4201(b), (c), 4202(a)-(c), title
    VIII, Sec. 8302, title IX, Sec. 9001(b), Oct. 13, 1994, 108 Stat.
    3265, 3344, 3398, 3402; Pub. L. 104-106, div. D, title XLI, Sec.
    4101(c), title XLII, Sec. 4202(d), title XLIII, Secs. 4310,
    4321(h)(3), Feb. 10, 1996, 110 Stat. 642, 654, 670, 675; Pub. L.
    105-85, div. A, title VIII, Sec. 850(e)(2), Nov. 18, 1997, 111
    Stat. 1849; Pub. L. 105-261, div. A, title X, Sec. 1069(d)(1), Oct.
    17, 1998, 112 Stat. 2136; Pub. L. 106-398, Sec. 1 [[div. A], title
    VIII, Sec. 810(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-209;
    Pub. L. 107-296, title VIII, Sec. 833(c)(2), Nov. 25, 2002, 116
    Stat. 2226.)

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c)(1)(H). Pub. L. 107-296 added subpar. (H).
      2000 - Subsec. (a)(1)(A). Pub. L. 106-398, Sec. 1 [[div. A],
    title VIII, Sec. 810(a)(1)], substituted "publish" for "furnish for
    publication by the Secretary of Commerce" in concluding provisions.
      Subsec. (a)(2). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(a)(2)], added par. (2) and struck out former par. (2)
    which read as follows: "The Secretary of Commerce shall publish
    promptly in the Commerce Business Daily each notice required by
    paragraph (1)."
      Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(b)], substituted "publish a notice of solicitation" for
    "furnish a notice to the Secretary of Commerce" in introductory
    provisions and struck out "by the Secretary of Commerce" after
    "notice is published" in subpar. (A).
      Subsec. (a)(7). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(a)(3)], added par. (7).
      1998 - Subsec. (c)(1)(A)(ii). Pub. L. 105-261 substituted a
    semicolon for period at end.
      1997 - Subsec. (c)(1). Pub. L. 105-85 added subpar. (A),
    redesignated subpars. (C) to (H) as (B) to (G), respectively, and
    struck out former subpars. (A) and (B) which read as follows:
      "(A) the proposed procurement is for an amount not greater than
    the simplified acquisition threshold and is to be made through a
    system with interim FACNET capability certified pursuant to section
    426a(a)(1) of this title or with full FACNET capability certified
    pursuant to section 426a(a)(2) of this title;
      "(B)(i) the proposed procurement is for an amount not greater
    than $250,000 and is to be made through a system with full FACNET
    capability certified pursuant to section 426a(a)(2) of this title;
    and
      "(ii) a certification has been made pursuant to section 426a(b)
    of this title that Government-wide FACNET capability has been
    implemented;".
      1996 - Subsec. (a)(1)(B). Pub. L. 104-106, Sec. 4101(c)(B),
    inserted "for a price expected to exceed $10,000, but not to exceed
    $25,000," after "property or services".
      Pub. L. 104-106, Sec. 4101(c)(A), substituted "subsection (b) of
    this section; and" for "subsection (f) of this section - " and
    struck out cls. (i) and (ii) which read as follows:
      "(i) in the case of an executive agency other than the Department
    of Defense, if the contract is for a price expected to exceed
    $10,000, but not to exceed $25,000; and
      "(ii) in the case of the Department of Defense, if the contract
    is for a price expected to exceed $5,000, but not to exceed
    $25,000; and".
      Subsec. (a)(6). Pub. L. 104-106, Sec. 4202(d)(1)(A), inserted
    "issuance of solicitations and the" after "paragraph (3) for the".
      Subsec. (b)(5). Pub. L. 104-106, Sec. 4321(h)(3), inserted "and"
    after "source;".
      Subsec. (b)(6). Pub. L. 104-106, Sec. 4202(d)(1)(B), substituted
    "threshold, or a contract for the procurement of commercial items
    using special simplified procedures - " for "threshold - ".
      Subsec. (c)(1)(E). Pub. L. 104-106, Sec. 4310, inserted ", a task
    order contract, or a delivery order contract" after "requirements
    contract".
      1994 - Subsec. (a)(1). Pub. L. 103-355, Sec. 4202(a)(1),
    substituted "$25,000" for "the small purchase threshold" wherever
    appearing.
      Subsec. (a)(1)(A). Pub. L. 103-355, Sec. 9001(b)(1), substituted
    "notice of solicitation" for "notice" in concluding provisions.
      Subsec. (a)(3)(B). Pub. L. 103-355, Sec. 4202(a)(2), inserted "in
    the case of a contract or order expected to be greater than the
    simplified acquisition threshold," before "establish a deadline".
      Subsec. (a)(4), (5). Pub. L. 103-355, Sec. 4201(b), (c), added
    pars. (4) and (5).
      Subsec. (a)(6). Pub. L. 103-355, Sec. 8302, added par. (6).
      Subsec. (b)(6). Pub. L. 103-355, Sec. 4202(b), added par. (6).
      Subsec. (c)(1)(A) to (E). Pub. L. 103-355, Sec. 4202(c), added
    subpars. (A) and (B) and redesignated former subpars. (A) to (C) as
    (C) to (E), respectively. Former subpars. (D) and (E) redesignated
    (F) and (G), respectively.
      Subsec. (c)(1)(F). Pub. L. 103-355, Sec. 4202(c)(1), redesignated
    subpar. (D) as (F). Former subpar. (F) redesignated (H).
      Pub. L. 103-355, Sec. 1055(b)(1), added subpar. (F).
      Subsec. (c)(1)(G), (H). Pub. L. 103-355, Sec. 4202(c)(1),
    redesignated subpars. (E) and (F) as (G) and (H), respectively.
      Subsec. (d). Pub. L. 103-355, Sec. 9001(b)(2), substituted "a
    notice of solicitation under subsection (a)" for "a notice under
    subsection (e)" in first sentence.
      1990 - Subsec. (a)(1)(A). Pub. L. 101-510 substituted "the small
    purchase threshold; or" for "$25,000;" in cl. (i), substituted "the
    small purchase threshold" for "$25,000" and a comma for "; or" in
    cl. (ii), and struck out cl. (iii) which read as follows: "solicit
    bids or proposals for a contract for property or services for a
    price expected to exceed $10,000, if there is not a reasonable
    expectation that at least two offers will be received from
    responsive and responsible offerors,".
      Subsec. (a)(1)(B), (C). Pub. L. 101-510, Sec. 806(d)(1),
    substituted "the small purchase threshold" for "$25,000" wherever
    appearing.
      1986 - Subsec. (a)(1)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    101(c) [title X, Sec. 922(b)(1)], and Pub. L. 99-661, Sec.
    922(b)(1), amended subpar. (A) identically, substituting "$25,000"
    for "$10,000" in cls. (i) and (ii) and adding cl. (iii).
      Subsec. (a)(1)(B), (C). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    101(c) [title X, Sec. 922(b)(2), (3)], and Pub. L. 99-661, Sec.
    922(b)(2), (3), amended par. (1) identically, adding subpar. (B)
    and redesignating former subpar. (B) as (C).
      Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
    [title X, Sec. 922(d)(2)], and Pub. L. 99-661, Sec. 922(d)(2),
    amended subsec. (b) identically, substituting "subparagraph (A) or
    (B) of subsection (a)(1)" for "subsection (a)(1)(A)".
      1984 - Subsec. (a)(1)(A). Pub. L. 98-577 designated existing
    provisions as cl. (i) and added cl. (ii).
      Subsec. (a)(1)(B). Pub. L. 98-577 inserted ", or placing an order
    referred to in clause (A)(ii) exceeding $25,000," before "shall
    furnish".
      Subsec. (a)(3)(B). Pub. L. 98-577 designated existing provisions
    as cl. (i), substituted provisions relating to an order under a
    basic agreement for former provisions which related to all bids,
    and added cls. (ii) and (iii).
      Subsec. (b)(1). Pub. L. 98-577 designated existing provisions as
    subpar. (A) and added subpar. (B).
      Subsec. (b)(2). Pub. L. 98-577 added par. (2). Former par. (2),
    which related to information about the officer or employee of the
    executive agency who may be contacted for purposes of obtaining a
    copy of the solicitation, was struck out.
      Subsec. (c)(1)(B). Pub. L. 98-577 designated existing provisions
    as cl. (i) and added cl. (ii).
      Subsec. (c)(1)(E). Pub. L. 98-577 added subpar. (E).
      Subsec. (d). Pub. L. 98-577 added subsec. (d).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective Oct. 1, 2000, and
    applicable with respect to solicitations issued on or after that
    date, see section 1 [[div. A], title VIII, Sec. 810(e)] of Pub. L.
    106-398, set out as a note under section 637 of Title 15, Commerce
    and Trade.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-85 effective 180 days after Nov. 18,
    1997, see section 850(g) of Pub. L. 105-85, set out as a note under
    section 2302c of Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 303(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect
    with respect to any solicitation issued after March 31, 1985."

                              EFFECTIVE DATE                          
      Section applicable to any solicitation for bids or proposals
    issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set
    out as an Effective Date of 1984 Amendment note under section 251
    of this title.

               IMPLEMENTATION OF AMENDMENT BY PUB. L. 105-85           
      Amendment by Pub. L. 105-85 to be implemented in a manner
    consistent with any applicable international agreements, see
    section 850(e)(3) of Pub. L. 105-85, set out as a note under
    section 637 of Title 15, Commerce and Trade.

                APPLICABILITY TO TENNESSEE VALLEY AUTHORITY            
      Section 303(c) of Pub. L. 98-577 provided that: "The provisions
    of the amendments made by subsection (a) of this section [amending
    this section] shall apply to the Tennessee Valley Authority only
    with respect to procurements to be paid from appropriated funds."

-End-



-CITE-
    41 USC Sec. 417                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 417. Record requirements

-STATUTE-
    (a) Establishment and maintenance of computer file by executive
      agency; time period coverage
      Each executive agency shall establish and maintain for a period
    of five years a computer file, by fiscal year, containing
    unclassified records of all procurements greater than the
    simplified acquisition threshold in such fiscal year.
    (b) Contents
      The record established under subsection (a) of this section shall
    include - 
        (1) with respect to each procurement carried out using
      competitive procedures - 
          (A) the date of contract award;
          (B) information identifying the source to whom the contract
        was awarded;
          (C) the property or services obtained by the Government under
        the procurement; and
          (D) the total cost of the procurement;

        (2) with respect to each procurement carried out using
      procedures other than competitive procedures - 
          (A) the information described in clauses (1)(A), (1)(B),
        (1)(C), and (1)(D);
          (B) the reason under section 253(c) of this title or section
        2304(c) of title 10, as the case may be, for the use of such
        procedures; and
          (C) the identity of the organization or activity which
        conducted the procurement.
    (c) Record categories
      The information that is included in such record pursuant to
    subsection (b)(1) of this section and relates to procurements
    resulting in the submission of a bid or proposal by only one
    responsible source shall be separately categorized from the
    information relating to other procurements included in such record.
    The record of such information shall be designated "noncompetitive
    procurements using competitive procedures".
    (d) Transmission and data system entry of information
      The information included in the record established and maintained
    under subsection (a) of this section shall be transmitted to the
    General Services Administration and shall be entered in the Federal
    Procurement Data System referred to in section 405(d)(4) of this
    title.

-SOURCE-
    (Pub. L. 93-400, Sec. 19, as added Pub. L. 98-369, div. B, title
    VII, Sec. 2732(a), July 18, 1984, 98 Stat. 1197; amended Pub. L.
    103-355, title IV, Sec. 4403, Oct. 13, 1994, 108 Stat. 3349.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-355 substituted "procurements
    greater than the simplified acquisition threshold" for
    "procurements, other than small purchases,".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      Section applicable to any solicitation for bids or proposals
    issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set
    out as an Effective Date of 1984 Amendment note under section 251
    of this title.

-End-



-CITE-
    41 USC Sec. 417a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 417a. Procurement data

-STATUTE-
    (a) Reporting
      Each Federal agency shall report to the Office of Federal
    Procurement Policy the number of qualified HUBZone small business
    concerns, the number of small businesses owned and controlled by
    women, and the number of small business concerns owned and
    controlled by socially and economically disadvantaged businesses,
    by gender, that are first time recipients of contracts from such
    agency. The Office of Federal Procurement Policy shall take such
    actions as may be appropriate to ascertain for each fiscal year the
    number of such small businesses that have newly entered the Federal
    market.
    (b) Definitions
      For purposes of this section the terms "small business concern
    owned and controlled by women" and "small business concerns owned
    and controlled by socially and economically disadvantaged
    individuals" shall be given the same meaning as those terms are
    given under section 637(d) of title 15 and section 204 of this Act,
    and the term "qualified HUBZone small business concern" has the
    meaning given that term in section 632(p) of title 15..(!1)


-SOURCE-
    (Pub. L. 100-533, title V, Sec. 502, Oct. 25, 1988, 102 Stat. 2697;
    Pub. L. 105-135, title VI, Sec. 604(f)(2), Dec. 2, 1997, 111 Stat.
    2634.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 204 of this Act, referred to in subsec. (b), is section
    204 of Pub. L. 100-533, which is set out as a note under section
    637 of Title 15, Commerce and Trade.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Women's Business Ownership Act
    of 1988, and not as part of the Office of Federal Procurement
    Policy Act which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a). Pub. L. 105-135, Sec. 604(f)(2)(A), inserted
    "the number of qualified HUBZone small business concerns," after
    "report to the Office of Federal Procurement Policy" and a comma
    after "controlled by women".
      Subsec. (b). Pub. L. 105-135, Sec. 604(f)(2)(B), inserted ", and
    the term 'qualified HUBZone small business concern' has the meaning
    given that term in section 632(p) of title 15." before period at
    end.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of Title
    15, Commerce and Trade.

-FOOTNOTE-               

    (!1) So in original.


-End-



-CITE-
    41 USC Sec. 418                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 418. Advocates for competition

-STATUTE-
    (a) Establishment, designation, etc., in executive agency
      (1) There is established in each executive agency an advocate for
    competition.
      (2) The head of each executive agency shall - 
        (A) designate for the executive agency and for each procuring
      activity of the executive agency one officer or employee serving
      in a position authorized for such executive agency on July 18,
      1984 (other than the senior procurement executive designated
      pursuant to section 414(3) (!1) of this title) to serve as the
      advocate for competition;

        (B) not assign such officers or employees any duties or
      responsibilities that are inconsistent with the duties and
      responsibilities of the advocates for competition; and
        (C) provide such officers or employees with such staff or
      assistance as may be necessary to carry out the duties and
      responsibilities of the advocate for competition, such as persons
      who are specialists in engineering, technical operations,
      contract administration, financial management, supply management,
      and utilization of small and disadvantaged business concerns.
    (b) Duties and functions
      The advocate for competition of an executive agency shall - 
        (1) be responsible for challenging barriers to and promoting
      full and open competition in the procurement of property and
      services by the executive agency;
        (2) review the procurement activities of the executive agency;
        (3) identify and report to the senior procurement executive of
      the executive agency designated pursuant to section 414(3) (!1)
      of this title - 
          (A) opportunities and actions taken to achieve full and open
        competition in the procurement activities of the executive
        agency; and
          (B) any condition or action which has the effect of
        unnecessarily restricting competition in the procurement
        actions of the executive agency; and (!2)


        (4) prepare and transmit to such senior procurement executive
      an annual report describing - 
          (A) such advocate's activities under this section;
          (B) new initiatives required to increase competition; and
          (C) barriers to full and open competition that remain;

        (5) recommend to the senior procurement executive of the
      executive agency goals and the plans for increasing competition
      on a fiscal year basis;
        (6) recommend to the senior procurement executive of the
      executive agency a system of personal and organizational
      accountability for competition, which may include the use of
      recognition and awards to motivate program managers, contracting
      officers, and others in authority to promote competition in
      procurement programs; and
        (7) describe other ways in which the executive agency has
      emphasized competition in programs for procurement training and
      research.
    (c) Responsibilities
      The advocate for competition for each procuring activity shall be
    responsible for promoting full and open competition, promoting the
    acquisition of commercial items, and challenging barriers to such
    acquisition, including such barriers as unnecessarily restrictive
    statements of need, unnecessarily detailed specifications, and
    unnecessarily burdensome contract clauses.

-SOURCE-
    (Pub. L. 93-400, Sec. 20, as added Pub. L. 98-369, div. B, title
    VII, Sec. 2732(a), July 18, 1984, 98 Stat. 1197; amended Pub. L.
    103-355, title VIII, Sec. 8303(a), Oct. 13, 1994, 108 Stat. 3398.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 414 of this title, referred to in subsecs. (a)(2)(A) and
    (b)(3), was amended generally by Pub. L. 108-136, div. A, title
    XIV, Sec. 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so
    amended, no longer contains a par. (3). See section 414(c)(1) of
    this title.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-355 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    advocate for competition for each procuring activity shall be
    responsible for challenging barriers to and promoting full and open
    competition in the procuring activity, including unnecessarily
    detailed specifications and unnecessarily restrictive statements of
    need."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      Section applicable to any solicitation for bids or proposals
    issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set
    out as an Effective Date of 1984 Amendment note under section 251
    of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

               

    (!2) So in original. The word "and" probably should not appear.


-End-



-CITE-
    41 USC Sec. 418a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 418a. Rights in technical data

-STATUTE-
    (a) Regulations; legitimate proprietary interest of United States
      The legitimate proprietary interest of the United States and of a
    contractor in technical or other data shall be defined in
    regulations prescribed as part of the single system of Government-
    wide procurement regulations as defined in section 403(4) (!1) of
    this title. Such regulations may not impair any right of the United
    States or of any contractor with respect to patents or copyrights
    or any other right in technical data otherwise established by law.
    Such regulations shall provide, with respect to executive agencies
    that are subject to the provisions of title III of the Federal
    Property and Administrative Services Act of 1949 [41 U.S.C. 251 et
    seq.], that the United States may not require persons who have
    developed products or processes offered or to be offered for sale
    to the public as a condition for the procurement of such products
    or processes by the United States, to provide to the United States
    technical data relating to the design, development, or manufacture
    of such products or processes (except for such data as may be
    necessary for the United States to operate and maintain the product
    or use the process if obtained by the United States as an element
    of performance under the contract).

    (b) Unlimited rights; technical data; developed with Federal funds;
      unrestricted, royalty-free right to use; rights under law
      (1) Except as otherwise expressly provided by Federal statute,
    the regulations prescribed pursuant to subsection (a) of this
    section shall provide, with respect to executive agencies that are
    subject to the provisions of title III of the Federal Property and
    Administrative Services Act of 1949 [41 U.S.C. 251 et seq.], that
    the United States shall have unlimited rights in technical data
    developed exclusively with Federal funds if delivery of such data -
    
        (A) was required as an element of performance under a contract;
      and
        (B) is needed to ensure the competitive acquisition of supplies
      or services that will be required in substantial quantities in
      the future.

      (2) Except as otherwise expressly provided by Federal statute,
    the regulations prescribed pursuant to subsection (a) of this
    section shall provide, with respect to executive agencies that are
    subject to the provisions of title III of the Federal Property and
    Administrative Services Act of 1949 [41 U.S.C. 251 et seq.], that
    the United States (and each agency thereof) shall have an
    unrestricted, royalty-free right to use, or to have its contractors
    use, for governmental purposes (excluding publication outside the
    Government) technical data developed exclusively with Federal
    funds.
      (3) The requirements of paragraphs (1) and (2) shall be in
    addition to and not in lieu of any other rights that the United
    States may have pursuant to law.
    (c) Factors; regulations
      The following factors shall be considered in prescribing
    regulations pursuant to subsection (a) of this section:
        (1) Whether the item or process to which the technical data
      pertains was developed - 
          (A) exclusively with Federal funds;
          (B) exclusively at private expense; or
          (C) in part with Federal funds and in part at private
        expense.

        (2) The statement of congressional policy and objectives in
      section 200 of title 35, the statement of purposes in section
      2(b) of the Small Business Innovation Development Act of 1982
      (Public Law 97-219; 15 U.S.C. 638 note), and the declaration of
      policy in section 631 of title 15.
        (3) The interest of the United States in increasing competition
      and lowering costs by developing and locating alternative sources
      of supply and manufacture.
    (d) Provisions; contracts; regulations
      Regulations prescribed under subsection (a) of this section shall
    require that a contract for property or services entered into by an
    executive agency contain appropriate provisions relating to
    technical data, including provisions - 
        (1) defining the respective rights of the United States and the
      contractor or subcontractor (at any tier) regarding any technical
      data to be delivered under the contract;
        (2) specifying the technical data, if any, to be delivered
      under the contract and delivery schedules for such delivery;
        (3) establishing or referencing procedures for determining the
      acceptability of technical data to be delivered under the
      contract;
        (4) establishing separate contract line items for the technical
      data, if any, to be delivered under the contract;
        (5) to the maximum practicable extent, identifying, in advance
      of delivery, technical data which is to be delivered with
      restrictions on the right of the United States to use such data;
        (6) requiring the contractor to revise any technical data
      delivered under the contract to reflect engineering design
      changes made during the performance of the contract and affecting
      the form, fit, and function of the items specified in the
      contract and to deliver such revised technical data to an agency
      within a time specified in the contract;
        (7) requiring the contractor to furnish written assurance at
      the time the technical data is delivered or is made available
      that the technical data is complete and accurate and satisfies
      the requirements of the contract concerning technical data;
        (8) establishing remedies to be available to the United States
      when technical data required to be delivered or made available
      under the contract is found to be incomplete or inadequate or to
      not satisfy the requirements of the contract concerning technical
      data; and
        (9) authorizing the head of the agency to withhold payments
      under the contract (or exercise such other remedies as the head
      of the agency considers appropriate) during any period if the
      contractor does not meet the requirements of the contract
      pertaining to the delivery of technical data.

-SOURCE-
    (Pub. L. 93-400, Sec. 21, as added Pub. L. 98-577, title III, Sec.
    301(a), Oct. 30, 1984, 98 Stat. 3074; amended Pub. L. 99-145, title
    IX, Sec. 961(d)(2), Nov. 8, 1985, 99 Stat. 704.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 403(4) of this title, referred to in subsec. (a), which
    defined "single system of Government-wide procurement regulations",
    was repealed, and par. (5) of section 403 of this title was
    redesignated as par. (4), by Pub. L. 100-679, Sec. 3(c), Nov. 17,
    1988, 102 Stat. 4056.
      The Federal Property and Administrative Services Act of 1949, as
    amended, referred to in subsecs. (a) and (b)(1), (2), is act June
    30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act
    is classified generally to subchapter IV (Sec. 251 et seq.) of
    chapter 4 of this title. For complete classification of this Act to
    the Code, see Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 21 of Pub. L. 93-400, as added Pub. L. 98-369,
    div. B, title VII, Sec. 2732(a), July 18, 1984, 98 Stat. 1198, was
    renumbered section 23 by Pub. L. 98-577 and is classified to
    section 419 of this title.

                                AMENDMENTS                            
      1985 - Subsec. (c)(1). Pub. L. 99-145 substituted "the item or
    process to which the technical data pertains" for "the technical
    data".

                              EFFECTIVE DATE                          
      Section 301(c) of Pub. L. 98-577, as amended Pub. L. 99-145,
    title IX, Sec. 961(d)(3), Nov. 8, 1985, 99 Stat. 704, provided
    that: "The amendment made by subsection (a) [enacting this section]
    shall take effect on the date of enactment of this Act [Oct. 30,
    1984]. The regulations required by such amendment shall be issued
    not later than October 19, 1985."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 418b                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 418b. Publication of proposed regulations

-STATUTE-
    (a) Effective date; procurement policy, regulations, procedure or
      form; publication in Federal Register
      Except as provided in subsection (d) of this section, no
    procurement policy, regulation, procedure, or form (including
    amendments or modifications thereto) relating to the expenditure of
    appropriated funds that has (1) a significant effect beyond the
    internal operating procedures of the agency issuing the procurement
    policy, regulation, procedure or form, or (2) a significant cost or
    administrative impact on contractors or offerors, may take effect
    until 60 days after the procurement policy, regulation, procedure,
    or form is published for public comment in the Federal Register
    pursuant to subsection (b) of this section. Notwithstanding the
    preceding sentence, such a policy, regulation, procedure, or form
    may take effect earlier than 60 days after the publication date
    when there are compelling circumstances for the earlier effective
    date, but in no event may that effective date be less than 30 days
    after the publication date.
    (b) Publication in Federal Register
      Subject to subsection (c) of this section, the head of the agency
    shall cause to be published in the Federal Register a notice of the
    proposed procurement policy, regulation, procedure, or form and
    provide for a public comment period for receiving and considering
    the views of all interested parties on such proposal. The length of
    such comment period may not be less than 30 days.
    (c) Notice; proposed policy; contents
      Any notice of a proposed procurement policy, regulation,
    procedure, or form prepared for publication in the Federal Register
    shall include - 
        (1) the text of the proposal or, if it is impracticable to
      publish the full text of the proposal, a summary of the proposal
      and a statement specifying the name, address, and telephone
      number of the officer or employee of the executive agency from
      whom the full text may be obtained; and
        (2) a request for interested parties to submit comments on the
      proposal and shall include the name and address of the officer or
      employee of the Government designated to receive such comments.
    (d) Waiver
      (1) The requirements of subsections (a) and (b) of this section
    may be waived by the officer authorized to issue a procurement
    policy, regulation, procedure, or form if urgent and compelling
    circumstances make compliance with such requirements impracticable.
      (2) A procurement policy, regulation, procedure, or form with
    respect to which the requirements of subsections (a) and (b) of
    this section are waived under paragraph (1) shall be effective on a
    temporary basis if - 
        (A) a notice of such procurement policy, regulation, procedure,
      or form is published in the Federal Register and includes a
      statement that the procurement policy, regulation, procedure, or
      form is temporary; and
        (B) provision is made for a public comment period of 30 days
      beginning on the date on which the notice is published.

      (3) After considering the comments received, the head of the
    agency waiving the requirements of subsections (a) and (b) of this
    section under paragraph (1) may issue the final procurement policy,
    regulation, procedure, or form.

-SOURCE-
    (Pub. L. 93-400, Sec. 22, as added Pub. L. 98-577, title III, Sec.
    302(a), Oct. 30, 1984, 98 Stat. 3076; amended Pub. L. 103-355,
    title V, Sec. 5092, Oct. 13, 1994, 108 Stat. 3362; Pub. L. 104-106,
    div. D, title XLIII, Sec. 4321(a)(9), Feb. 10, 1996, 110 Stat.
    671.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d)(3). Pub. L. 104-106 made technical correction
    to directory language of Pub. L. 103-355, Sec. 5092(b). See 1994
    Amendment note below.
      1994 - Subsec. (a). Pub. L. 103-355, Sec. 5092(a), substituted
    "60 days" for "30 days" and inserted at end "Notwithstanding the
    preceding sentence, such a policy, regulation, procedure, or form
    may take effect earlier than 60 days after the publication date
    when there are compelling circumstances for the earlier effective
    date, but in no event may that effective date be less than 30 days
    after the publication date."
      Subsec. (d). Pub. L. 103-355, Sec. 5092(b), as amended by Pub. L.
    104-106, designated second sentence of subsec. (d)(2) as subsec.
    (d)(3).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 4321(a) of Pub. L. 104-106 provided that the amendment
    made by that section is effective as of Oct. 13, 1994, and as if
    included in Pub. L. 103-355 as enacted.

                              EFFECTIVE DATE                          
      Section 302(b) of Pub. L. 98-577 provided that: "The procedures
    required by the amendment made by subsection (a) [enacting this
    section] shall apply with respect to procurement policies,
    regulations, procedures, or forms that an agency issues in final
    form on or after the date which is 30 days after the date of
    enactment of this Act [Oct. 30, 1984]."

-End-



-CITE-
    41 USC Sec. 419                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 419. Contracting functions performed by Federal personnel

-STATUTE-
    (a) Limitation on payment for advisory and assistance services
      (1) No person who is not a person described in subsection (b) of
    this section may be paid by an executive agency for services to
    conduct evaluations or analyses of any aspect of a proposal
    submitted for an acquisition unless personnel described in
    subsection (b) of this section with adequate training and
    capabilities to perform such evaluations and analyses are not
    readily available within the agency or another Federal agency, as
    determined in accordance with standards and procedures prescribed
    in the Federal Acquisition Regulation.
      (2) In the administration of this subsection, the head of each
    executive agency shall determine in accordance with the standards
    and procedures set forth in the Federal Acquisition Regulation
    whether - 
        (A) a sufficient number of personnel described in subsection
      (b) of this section within the agency or another Federal agency
      are readily available to perform a particular evaluation or
      analysis for the head of the executive agency making the
      determination; and
        (B) the readily available personnel have the training and
      capabilities necessary to perform the evaluation or analysis.
    (b) Covered personnel
      For purposes of subsection (a) of this section, the personnel
    described in this subsection are as follows:
        (1) An employee, as defined in section 2105 of title 5.
        (2) A member of the Armed Forces of the United States.
        (3) A person assigned to a Federal agency pursuant to
      subchapter VI of chapter 33 of title 5.
    (c) Rule of construction
      Nothing in this section is intended to affect the relationship
    between the Federal Government and a federally funded research and
    development center.

-SOURCE-
    (Pub. L. 93-400, Sec. 23, as added Pub. L. 103-355, title VI, Sec.
    6002(a), Oct. 13, 1994, 108 Stat. 3363.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 419, Pub. L. 93-400, Sec. 23, formerly Sec. 21,
    as added Pub. L. 98-369, div. B, title VII, Sec. 2732(a), July 18,
    1984, 98 Stat. 1198; renumbered Sec. 23, Pub. L. 98-577, title III,
    Sec. 301(a), Oct. 30, 1984, 98 Stat. 3074, related to annual report
    to be submitted to Congress by agency heads concerning actions
    taken to increase competition for contracts and reduce number and
    dollar value of noncompetitive contracts, prior to repeal by Pub.
    L. 103-355, title I, Sec. 1092.

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.

                 REQUIREMENT FOR GUIDANCE AND REGULATIONS             
      Section 6002(b) of Pub. L. 103-355 provided that: "The Federal
    Acquisition Regulatory Council established by section 25(a) of the
    Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall -
    
        "(1) review part 37 of title 48 of the Code of Federal
      Regulations as it relates to the use of advisory and assistance
      services; and
        "(2) provide guidance and promulgate regulations regarding - 
          "(A) what actions Federal agencies are required to take to
        determine whether expertise is readily available within the
        Federal Government before contracting for advisory and
        technical services to conduct acquisitions; and
          "(B) the manner in which personnel with expertise may be
        shared with agencies needing expertise for such acquisitions."

-End-



-CITE-
    41 USC Sec. 420                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 420. Repealed.

-MISC1-
    Sec. 420. Repealed. Pub. L. 103-355, title II, Sec. 2191, Oct. 13,
      1994, 108 Stat. 3315.
      Section, Pub. L. 93-400, Sec. 24, as added Pub. L. 99-234, title
    II, Sec. 201, Jan. 2, 1986, 99 Stat. 1759; amended Pub. L. 100-679,
    Sec. 12, Nov. 17, 1988, 102 Stat. 4070, related to limits on
    allowable travel expenses of Government contractors.

-End-



-CITE-
    41 USC Sec. 421                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 421. Federal Acquisition Regulatory Council

-STATUTE-
    (a) Establishment
      There is established a Federal Acquisition Regulatory Council
    (hereinafter in this section referred to as the "Council") to
    assist in the direction and coordination of Government-wide
    procurement policy and Government-wide procurement regulatory
    activities in the Federal Government.
    (b) Membership
      (1) The Council shall consist of the Administrator for Federal
    Procurement Policy and - 
        (A) the Secretary of Defense,
        (B) the Administrator of National Aeronautics and Space; and
        (C) the Administrator of General Services.

      (2) Notwithstanding section 121(d)(1) and (2) of title 40, the
    officials specified in subparagraphs (A), (B), and (C) of paragraph
    (1) may designate to serve on and attend meetings of the Council in
    place of that official (A) the official assigned by statute with
    the responsibility for acquisition policy in each of their
    respective agencies or, in the case of the Secretary of Defense, an
    official at an organizational level not lower than an Assistant
    Secretary of Defense within the Office of the Under Secretary of
    Defense for Acquisition, Technology, and Logistics; or (B) if no
    official of such agency is assigned by statute with the
    responsibility for acquisition policy for that agency, the official
    designated pursuant to section 414(3) (!1) of this title. No other
    official or employee may be designated to serve on the Council.

    (c) Functions
      (1) Subject to the provisions of section 405 of this title, the
    General Services Administration, the Department of Defense, and the
    National Aeronautics and Space Administration, pursuant to their
    respective authorities under title III of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 251, et seq.),
    chapters 4 and 137 of title 10, and the National Aeronautics and
    Space Act of 1958 (42 U.S.C. 2451, et seq.), shall jointly issue
    and maintain in accordance with subsection (f) of this section a
    single Government-wide procurement regulation, to be known as the
    "Federal Acquisition Regulation".
      (2) Any other regulations relating to procurement issued by an
    executive agency shall be limited to (A) regulations essential to
    implement Government-wide policies and procedures within the
    agency, and (B) additional policies and procedures required to
    satisfy the specific and unique needs of the agency.
      (3) The Administrator, in consultation with the Council, shall
    ensure that procurement regulations promulgated by executive
    agencies are consistent with the Federal Acquisition Regulation and
    in accordance with any policies issued pursuant to section 405(a)
    of this title.
      (4)(A) Under procedures established by the Administrator, a
    person may request the Administrator to review any regulation
    relating to procurement on the basis that such regulation is
    inconsistent with the Federal Acquisition Regulation.
      (B) Unless the request is frivolous or does not, on its face,
    state a valid basis for such review, the Administrator shall
    complete such a review not later than 60 days after receiving the
    request. The time for completion of the review may be extended if
    the Administrator determines that an additional period of review is
    required. The Administrator shall advise the requester of the
    reasons for the extension and the date by which the review will be
    completed.
      (5) If the Administrator determines that a regulation relating to
    procurement is inconsistent with the Federal Acquisition Regulation
    or that the regulation should otherwise be revised to remove an
    inconsistency with any policies issued under section 405(a) of this
    title, the Administrator shall rescind or deny the promulgation of
    the regulation or take such other action authorized under section
    405 of this title as may be necessary to remove the inconsistency.
    If the Administrator determines that such a regulation, although
    not inconsistent with the Federal Acquisition Regulation or such
    policies, should be revised to improve compliance with such
    Regulation or policies, the Administrator shall take such action
    authorized under section 405 of this title as may be necessary and
    appropriate.
      (6) The decisions of the Administrator shall be in writing and
    made publicly available. The Administrator shall provide a listing
    of such decisions in the annual report to Congress required by
    section 407 (!1) of this title.
    (d) Additional responsibilities of membership
      Subject to the authority, direction, and control of the head of
    the agency concerned, each official who represents an agency on the
    Council pursuant to subsection (b) of this section shall - 
        (1) approve or disapprove all regulations that are, after 60
      days after November 17, 1988, proposed for public comment,
      promulgated in final form, or otherwise made effective by such
      agency relating to procurement before such regulation may be
      promulgated in final form, or otherwise made effective, except
      that such official may grant an interim approval, without review,
      for not more than 60 days for a procurement regulation in urgent
      and compelling circumstances;
        (2) carry out the responsibilities of such agency set forth in
      chapter 35 of title 44 for each information collection request
      (as that term is defined in section 3502(11) (!1) of title 44)
      that relates to procurement rules or regulations; and
        (3) eliminate or reduce (A) any redundant or unnecessary levels
      of review and approval, in the procurement system of such agency,
      and (B) redundant or unnecessary procurement regulations which
      are unique to that agency.

    The authority to review and approve or disapprove regulations under
    paragraph (1) of this subsection may not be delegated to any person
    outside the office of the official who represents the agency on the
    Council pursuant to subsection (b) of this section.
    (e) Governing policies
      All actions of the Council and of members of the Council shall be
    in accordance with and furtherance of the policies prescribed under
    section 405(a) of this title.
    (f) General authority with respect to FAR
      Subject to section 405(b) of this title, the Council shall
    manage, coordinate, control, and monitor the maintenance of, and
    issuance of and changes in, the Federal Acquisition Regulation.

-SOURCE-
    (Pub. L. 93-400, Sec. 25, as added Pub. L. 100-679, Sec. 4, Nov.
    17, 1988, 102 Stat. 4056; amended Pub. L. 101-510, div. A, title
    VIII, Sec. 807, Nov. 5, 1990, 104 Stat. 1593; Pub. L. 104-106, div.
    D, title XLIII, Sec. 4322(a)(2), Feb. 10, 1996, 110 Stat. 677; Pub.
    L. 104-201, div. A, title VIII, Sec. 822, title X, Sec. 1074(f)(3),
    Sept. 23, 1996, 110 Stat. 2609, 2661; Pub. L. 105-85, div. A, title
    VIII, Sec. 841(d), Nov. 18, 1997, 111 Stat. 1843; Pub. L. 106-65,
    div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 414 of this title, referred to in subsec. (b)(2), was
    amended generally by Pub. L. 108-136, div. A, title XIV, Sec.
    1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no
    longer contains a par. (3). See section 414(c)(1) of this title.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Title III of the Act is classified generally
    to subchapter IV (Sec. 251 et seq.) of chapter 4 of this title. For
    complete classification of this Act to the Code, see Tables.
      The National Aeronautics and Space Act of 1958, referred to in
    subsec. (c)(1), is Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as
    amended, which is classified principally to chapter 26 (Sec. 2451
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2451 of Title 42 and Tables.
      Section 407 of this title, referred to in subsec. (c)(6), was
    repealed by Pub. L. 104-106, div. D, title XLIII, Sec. 4305(b),
    Feb. 10, 1996, 110 Stat. 665.
      Section 3502 of title 44, referred to in subsec. (d)(2), which in
    par. (11) defined "information collection request", was omitted in
    the general amendment of chapter 35 of Title 44, Public Printing
    and Documents, by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat.
    163. Pub. L. 104-13 enacted a new section 3502 of Title 44 which
    does not define "information collection request".

-COD-
                               CODIFICATION                           
      "Section 121(d)(1) and (2) of title 40" substituted in subsec.
    (b)(2) for "section 205(d) of the Federal Property and
    Administrative Services Act of 1949" on authority of Pub. L. 107-
    217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section
    of which enacted Title 40, Public Buildings, Property, and Works.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(2). Pub. L. 106-65 substituted "Under
    Secretary of Defense for Acquisition, Technology, and Logistics"
    for "Under Secretary of Defense for Acquisition and Technology".
      1997 - Subsec. (g). Pub. L. 105-85 struck out subsec. (g) which
    required the Administrator for Federal Procurement to publish an
    annual report relating to the development of procurement
    regulations.
      1996 - Subsec. (b)(2). Pub. L. 104-106 substituted "Under
    Secretary of Defense for Acquisition and Technology" for "Under
    Secretary of Defense for Acquisition".
      Subsec. (c)(3). Pub. L. 104-201, Sec. 1074(f)(3)(A)(i), struck
    out "the policies set forth in section 401 of this title or" after
    "in accordance with".
      Subsec. (c)(5). Pub. L. 104-201, Sec. 1074(f)(3)(A)(ii), struck
    out "or the policies set forth in section 401 of this title" after
    "section 405(a) of this title".
      Subsec. (e). Pub. L. 104-201, Sec. 1074(f)(3)(B), struck out "the
    policies of section 401 of this title and" after "and furtherance
    of".
      Subsec. (g)(1). Pub. L. 104-201, Sec. 822(1), substituted "every
    12 months" for "within 6 months after November 17, 1988, and every
    6 months thereafter" and inserted "and" after the semicolon at end.
      Subsec. (g)(2)(H). Pub. L. 104-201, Sec. 822(2), substituted a
    period for "; and" at end.
      Subsec. (g)(3). Pub. L. 104-201, Sec. 822(3), struck out par. (3)
    which read as follows: "report to Congress within 180 days after
    November 17, 1988, in consultation with the Administrator of the
    Office of Information and Regulatory Affairs, regarding - 
        "(A) the extent of the paperwork burden created by the Federal
      procurement process, and
        "(B) the extent to which the Federal procurement system can be
      streamlined to reduce unnecessary paperwork while at the same
      time maintaining recordkeeping and reporting requirements
      necessary to ensure the integrity and accountability of the
      system."
      1990 - Subsec. (b)(2). Pub. L. 101-510 inserted before semicolon
    at end of cl. (A) "or, in the case of the Secretary of Defense, an
    official at an organizational level not lower than an Assistant
    Secretary of Defense within the Office of the Under Secretary of
    Defense for Acquisition".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                 STATUS OF DIRECTOR OF DEFENSE PROCUREMENT             
      Pub. L. 102-190, div. A, title VIII, Sec. 809, Dec. 5, 1991, 105
    Stat. 1423, as amended by Pub. L. 103-160, div. A, title IX, Sec.
    904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, div. A,
    title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided
    that: "For the purposes of the amendment made by section 807 of the
    National Defense Authorization Act for Fiscal Year 1991 (Public Law
    101-510; 104 Stat. 1593) to section 25(b)(2) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 421(b)(2)), the Director
    of Defense Procurement of the Department of Defense shall be
    considered to be an official at an organizational level of an
    Assistant Secretary of Defense within the Office of the Under
    Secretary of Defense for Acquisition, Technology, and Logistics."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 422                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 422. Cost Accounting Standards Board

-STATUTE-
    (a) Establishment; membership; terms
      (1) There is established within the Office of Federal Procurement
    Policy an independent board to be known as the "Cost Accounting
    Standards Board" (hereinafter referred to as the "Board"). The
    Board shall consist of 5 members, including the Administrator, who
    shall serve as Chairman, and 4 members, all of whom shall have
    experience in Government contract cost accounting, and who shall be
    appointed as follows:
        (A) two representatives of the Federal Government - 
          (i) one of whom shall be a representative of the Department
        of Defense and be appointed by the Secretary of Defense; and
          (ii) one of whom shall be an officer or employee of the
        General Services Administration appointed by the Administrator
        of General Services; and

        (B) two individuals from the private sector, each of whom shall
      be appointed by the Administrator and - 
          (i) one of whom shall be a representative of industry; and
          (ii) one of whom shall be particularly knowledgeable about
        cost accounting problems and systems.

      (2)(A) The term of office of each of the members of the Board,
    other than the Administrator for Federal Procurement Policy, shall
    be 4 years, except that - 
        (i) of the initial members, two shall be appointed for terms of
      two years, one shall be appointed for a term of three years, and
      one shall be appointed for a term of four years;
        (ii) any member appointed to fill a vacancy in the Board shall
      serve for the remainder of the term for which his predecessor was
      appointed; and
        (iii) no individual who is appointed under paragraph (1)(A) of
      this subsection shall continue to serve after ceasing to be an
      officer or employee of the agency from which he or she was
      appointed.

      (B) A vacancy on the Board shall be filled in the same manner in
    which the original appointment was made.
      (C) The initial members of the Board shall be appointed within
    120 days after November 17, 1988.
    (b) Senior staff
      The Administrator, after consultation with the Board, may appoint
    an executive secretary and two additional staff members without
    regard to the provisions of title 5 governing appointments in the
    competitive service, and may pay such employees without regard to
    the provisions of chapter 51 and subchapter III of chapter 53 of
    such title relating to classification and General Schedule pay
    rates, except that no individual so appointed may receive pay in
    excess of the annual rate of basic pay payable for GS-18 of the
    General Schedule.
    (c) Other staff
      The Administrator may appoint, fix the compensation, and remove
    additional employees of the Board under the applicable provisions
    of title 5.
    (d) Detailed and temporary personnel
      (1) The Board may use, without reimbursement, any personnel of a
    Federal agency (with the consent of the head of the agency
    concerned) to serve on advisory committees and task forces to
    assist the Board in carrying out the functions and responsibilities
    of the Board under this section.
      (2) The Administrator, after consultation with the Board, may
    procure temporary and intermittent services under section 3109(b)
    of title 5 of personnel for the purpose of serving on advisory
    committees and task forces to assist the Board in carrying out the
    functions and responsibilities of the Board under this section.
    (e) Compensation
      Except as otherwise provided in subsection (a) of this section,
    the members of the Board who are officers or employees of the
    Federal Government, and officers and employees of other agencies of
    the Federal Government who are used under subsection (d)(1) of this
    section, shall receive no additional compensation for services, but
    shall continue to be compensated by the employing Department or
    agency of such officer or employee. Each member of the Board
    appointed from private life shall receive compensation at a rate
    not to exceed the daily equivalent of the rate prescribed for level
    IV of the Executive Schedule for each day (including travel time)
    in which the member is engaged in the actual performance of duties
    vested in the Board. Individuals hired under subsection (d)(2) of
    this section may receive compensation at rates fixed by the
    Administrator, but not to exceed the daily equivalent of the rate
    prescribed for level V of the Federal Executive Salary Schedule
    under section 5316 of title 5 for each day (including travel time)
    in which such appointees are properly engaged in the actual
    performance of duties under this section. While serving away from
    homes or the regular place of business, Board members and other
    appointees serving on an intermittent basis under this section
    shall be allowed travel expenses in accordance with section 5703 of
    title 5.
    (f) Cost accounting standards authority
      (1) The Board shall have the exclusive authority to make,
    promulgate, amend, and rescind cost accounting standards and
    interpretations thereof designed to achieve uniformity and
    consistency in the cost accounting standards governing measurement,
    assignment, and allocation of costs to contracts with the United
    States.
      (2)(A) Cost accounting standards promulgated under this section
    shall be mandatory for use by all executive agencies and by
    contractors and subcontractors in estimating, accumulating, and
    reporting costs in connection with pricing and administration of,
    and settlement of disputes concerning, all negotiated prime
    contract and subcontract procurements with the United States in
    excess of the amount set forth in section 2306a(a)(1)(A)(i) of
    title 10, as such amount is adjusted in accordance with applicable
    requirements of law.
      (B) Subparagraph (A) does not apply to the following contracts or
    subcontracts:
        (i) Contracts or subcontracts for the acquisition of commercial
      items.
        (ii) Contracts or subcontracts where the price negotiated is
      based on prices set by law or regulation.
        (iii) Firm, fixed-price contracts or subcontracts awarded on
      the basis of adequate price competition without submission of
      certified cost or pricing data.
        (iv) A contract or subcontract with a value of less than
      $7,500,000 if, at the time the contract or subcontract is entered
      into, the segment of the contractor or subcontractor that will
      perform the work has not been awarded at least one contract or
      subcontract with a value of more than $7,500,000 that is covered
      by the cost accounting standards.

      (C) In this paragraph, the term "subcontract" includes a transfer
    of commercial items between divisions, subsidiaries, or affiliates
    of a contractor or subcontractor.
      (3) The Administrator, after consultation with the Board, shall
    prescribe rules and procedures governing actions of the Board under
    this section. Such rules and procedures shall require that any cost
    accounting standard promulgated, amended, or rescinded (and
    interpretations thereof) shall be adopted by majority vote of the
    Board members.
      (4) The Board is authorized - 
        (A) to exempt classes or categories of contractors and
      subcontractors from the requirements of this section; and
        (B) to establish procedures for the waiver of the requirements
      of this section with respect to individual contracts and
      subcontracts.

      (5)(A) The head of an executive agency may waive the
    applicability of the cost accounting standards for a contract or
    subcontract with a value less than $15,000,000 if that official
    determines in writing that the segment of the contractor or
    subcontractor that will perform the work - 
        (i) is primarily engaged in the sale of commercial items; and
        (ii) would not otherwise be subject to the cost accounting
      standards under this section, as in effect on or after the
      effective date of this paragraph.

      (B) The head of an executive agency may also waive the
    applicability of the cost accounting standards for a contract or
    subcontract under exceptional circumstances when necessary to meet
    the needs of the agency. A determination to waive the applicability
    of the cost accounting standards under this subparagraph shall be
    set forth in writing and shall include a statement of the
    circumstances justifying the waiver.
      (C) The head of an executive agency may not delegate the
    authority under subparagraph (A) or (B) to any official in the
    executive agency below the senior policymaking level in the
    executive agency.
      (D) The Federal Acquisition Regulation shall include the
    following:
        (i) Criteria for selecting an official to be delegated
      authority to grant waivers under subparagraph (A) or (B).
        (ii) The specific circumstances under which such a waiver may
      be granted.

      (E) The head of each executive agency shall report the waivers
    granted under subparagraphs (A) and (B) for that agency to the
    Board on an annual basis.
    (g) Requirements for standards
      (1) Prior to the promulgation under this section of cost
    accounting standards and interpretations thereof, the Board shall -
    
        (A) take into account, after consultation and discussions with
      the Comptroller General and professional accounting
      organizations, contractors, and other interested parties - 
          (i) the probable costs of implementation, including
        inflationary effects, if any, compared to the probable
        benefits;
          (ii) the advantages, disadvantages, and improvements
        anticipated in the pricing and administration of, and
        settlement of disputes concerning, contracts; and
          (iii) the scope of, and alternatives available to, the action
        proposed to be taken;

        (B) prepare and publish a report in the Federal Register on the
      issues reviewed under paragraph (1)(A);
        (C)(i) publish an advanced notice of proposed rulemaking in the
      Federal Register in order to solicit comments on the report
      prepared pursuant to subparagraph (B);
        (ii) provide all parties affected a period of not less than 60
      days after such publication to submit their views and comments;
      and
        (iii) during this 60-day period, consult with the Comptroller
      General and consider any recommendation the Comptroller General
      may make; and
        (D) publish a notice of such proposed rulemaking in the Federal
      Register and provide all parties affected a period of not less
      than 60 days after such publication to submit their views and
      comments.

      (2) Rules, regulations, cost accounting standards, and
    modifications thereof promulgated or amended under this section
    shall have the full force and effect of law, and shall become
    effective within 120 days after publication in the Federal Register
    in final form, unless the Board determines a longer period is
    necessary. Implementation dates for contractors and subcontractors
    shall be determined by the Board, but in no event shall such dates
    be later than the beginning of the second fiscal year of the
    contractor or subcontractor after the standard becomes effective.
    Rules, regulations, cost accounting standards, and modifications
    thereof promulgated or amended under this section shall be
    accompanied by prefatory comments and by illustrations, if
    necessary.
      (3) The functions exercised under this section are excluded from
    the operation of sections 551, 553 through 559, and 701 through 706
    of title 5.
    (h) Implementing regulations
      (1) The Board shall promulgate rules and regulations for the
    implementation of cost accounting standards promulgated or
    interpreted under subsection (f) of this section. Such regulations
    shall be incorporated into the Federal Acquisition Regulation and
    shall require contractors and subcontractors as a condition of
    contracting with the United States to - 
        (A) disclose in writing their cost accounting practices,
      including methods of distinguishing direct costs from indirect
      costs and the basis used for allocating indirect costs; and
        (B) agree to a contract price adjustment, with interest, for
      any increased costs paid to such contractor or subcontractor by
      the United States by reason of a change in the contractor's or
      subcontractor's cost accounting practices or by reason of a
      failure by the contractor or subcontractor to comply with
      applicable cost accounting standards.

      (2) If the United States and a contractor or subcontractor fail
    to agree on a contract price adjustment, including whether the
    contractor or subcontractor has complied with the applicable cost
    accounting standards, the disagreement will constitute a dispute
    under the Contract Disputes Act [41 U.S.C. 601 et seq.].
      (3) Any contract price adjustment undertaken pursuant to
    paragraph (1)(B) shall be made, where applicable, on relevant
    contracts between the United States and the contractor that are
    subject to the cost accounting standards so as to protect the
    United States from payment, in the aggregate, of increased costs
    (as defined by the Board). In no case shall the Government recover
    costs greater than the increased cost (as defined by the Board) to
    the Government, in the aggregate, on the relevant contracts subject
    to the price adjustment, unless the contractor made a change in its
    cost accounting practices of which it was aware or should have been
    aware at the time of the price negotiation and which it failed to
    disclose to the Government.
      (4) The interest rate applicable to any contract price adjustment
    shall be the annual rate of interest established under section 6621
    of title 26 for such period. Such interest shall accrue from the
    time payments of the increased costs were made to the contractor or
    subcontractor to the time the United States receives full
    compensation for the price adjustment.
    (i) Omitted
    (j) Effect on other standards and regulations
      (1) All cost accounting standards, waivers, exemptions,
    interpretations, modifications, rules, and regulations promulgated
    by the Cost Accounting Standards Board under section 2168 (!1) of
    title 50, Appendix, shall remain in effect unless and until
    amended, superseded, or rescinded by the Board pursuant to this
    section.

      (2) Existing cost accounting standards referred to in paragraph
    (1) shall be subject to the provisions of this chapter in the same
    manner as if promulgated by the Board under this chapter.
      (3) The Administrator, under the authority set forth in section
    405 of this title, shall ensure that no regulation or proposed
    regulation of an executive agency is inconsistent with a cost
    accounting standard promulgated or amended under this section by
    rescinding or denying the promulgation of any such inconsistent
    regulation or proposed regulation and taking such other action
    authorized under section 405 of this title as may be appropriate.
      (4) Costs which are the subject of cost accounting standards
    promulgated under this section shall not be subject to regulations
    that are established by another executive agency that differ from
    such standards with respect to the measurement, assignment, and
    allocation of such costs.
    (k) Examinations
      For the purpose of determining whether a contractor or
    subcontractor has complied with cost accounting standards
    promulgated under this section and has followed consistently the
    contractor's or subcontractor's disclosed cost accounting
    practices, any authorized representative of the head of the agency
    concerned, of the offices of inspector general established pursuant
    to the Inspector General Act of 1978, or of the Comptroller General
    of the United States shall have the right to examine and make
    copies of any documents, papers, or records of such contractor or
    subcontractor relating to compliance with such cost accounting
    standards.
    (l) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out the provisions of this section.

-SOURCE-
    (Pub. L. 93-400, Sec. 26, as added Pub. L. 100-679, Sec. 5(a), Nov.
    17, 1988, 102 Stat. 4058; amended Pub. L. 103-355, title II, Sec.
    2453, title VIII, Sec. 8301(d), Oct. 13, 1994, 108 Stat. 3326,
    3397; Pub. L. 104-106, div. D, title XLII, Sec. 4205, title XLIII,
    Sec. 4321(h)(4), Feb. 10, 1996, 110 Stat. 656, 675; Pub. L. 106-65,
    div. A, title VIII, Sec. 802(a), (b), Oct. 5, 1999, 113 Stat. 701;
    Pub. L. 109-163, div. A, title VIII, Sec. 822, Jan. 6, 2006, 119
    Stat. 3386.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (b), are classified
    generally to section 3301 et seq. of Title 5, Government
    Organization and Employees.
      Level IV of the Executive Schedule, referred to in subsec. (e),
    is set out in section 5315 of Title 5.
      For the effective date of this paragraph, referred to in subsec.
    (f)(5)(A)(ii), as 180 days after Oct. 5, 1999, see section 802(i)
    of Pub. L. 106-65, set out as an Effective Date of 1999 Amendment;
    Regulations; Implementation; Construction note below.
      The Contract Disputes Act, referred to in subsec. (h)(2),
    probably means the Contract Disputes Act of 1978, Pub. L. 95-563,
    Nov. 1, 1978, 92 Stat. 2383, as amended, which is classified
    principally to chapter 9 (Sec. 601 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 601 of this title and Tables.
      Section 2168 of title 50, Appendix, referred to in subsec.
    (j)(1), was repealed by Pub. L. 100-679, Sec. 5(b), Nov. 17, 1988,
    102 Stat. 4063.
      The Inspector General Act of 1978, referred to in subsec. (k), is
    Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-COD-
                               CODIFICATION                           
      Subsec. (i) of this section, which required the Board to submit
    an annual report to Congress on the activities and operations of
    the Board under this section, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, page 42 of House Document No. 103-7.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (f)(2)(A). Pub. L. 109-163 substituted "the amount
    set forth in section 2306a(a)(1)(A)(i) of title 10, as such amount
    is adjusted in accordance with applicable requirements of law" for
    "$500,000".
      1999 - Subsec. (f)(2)(B)(iii), (iv). Pub. L. 106-65, Sec. 802(a),
    added cls. (iii) and (iv).
      Subsec. (f)(5). Pub. L. 106-65, Sec. 802(b), added par. (5).
      1996 - Subsec. (f)(2)(B)(i). Pub. L. 104-106, Sec. 4205(1), added
    cl. (i) and struck out former cl. (i) which read as follows:
    "Contracts or subcontracts where the price negotiated is based on
    established catalog or market prices of commercial items sold in
    substantial quantities to the general public."
      Subsec. (f)(2)(B)(iii). Pub. L. 104-106, Sec. 4205(2), struck out
    cl. (iii) which read as follows: "Any other firm fixed-price
    contract or subcontract (without cost incentives) for commercial
    items."
      Subsec. (f)(3). Pub. L. 104-106, Sec. 4321(h)(4), substituted
    "The Administrator" for "Not later than 180 days after November 17,
    1988, the Administrator".
      1994 - Subsec. (f)(2). Pub. L. 103-355, Sec. 8301(d), designated
    existing provisions as subpar. (A), substituted a period for ",
    other than contracts or subcontracts where the price negotiated is
    based on (A) established catalog or market prices of commercial
    items sold in substantial quantities to the general public, or (B)
    prices set by law or regulation", and added subpars. (B) and (C).
      Subsec. (f)(3). Pub. L. 103-355, Sec. 2453, which directed
    substitution of "The Administrator" for "Not later than 180 days
    after the date of the enactment of this section, the
    Administrator", could not be executed because those words did not
    appear in the original.

      EFFECTIVE DATE OF 1999 AMENDMENT; REGULATIONS; IMPLEMENTATION;
                               CONSTRUCTION
      Pub. L. 106-65, div. A, title VIII, Sec. 802(c)-(e), (g)-(i),
    Oct. 5, 1999, 113 Stat. 701, 702, provided that:
      "(c) Regulation on Types of CAS Coverage. - (1) The Administrator
    for Federal Procurement Policy shall revise the rules and
    procedures prescribed pursuant to section 26(f) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 422(f)) to the extent
    necessary to increase the thresholds established in section
    9903.201-2 of title 48 of the Code of Federal Regulations from
    $25,000,000 to $50,000,000.
      "(2) Paragraph (1) requires only a change of the statement of a
    threshold condition in the regulation referred to by section number
    in that paragraph, and shall not be construed as - 
        "(A) a ratification or expression of approval of - 
          "(i) any aspect of the regulation; or
          "(ii) the manner in which section 26 of the Office of Federal
        Procurement Policy Act is administered through the regulation;
        or
        "(B) a requirement to apply the regulation.
      "(d) Implementation. - The Administrator for Federal Procurement
    Policy shall ensure that this section and the amendments made by
    this section [amending this section] are implemented in a manner
    that ensures that the Federal Government can recover costs, as
    appropriate, in a case in which noncompliance with cost accounting
    standards, or a change in the cost accounting system of a
    contractor segment or subcontractor segment that is not determined
    to be desirable by the Federal Government, results in a shift of
    costs from contracts that are not covered by the cost accounting
    standards to contracts that are covered by the cost accounting
    standards.
      "(e) Implementation of Requirements for Revision of Regulations. -
     (1) Final regulations required by subsection (c) shall be issued
    not later than 180 days after the date of the enactment of this Act
    [Oct. 5, 1999].
      "(2) Subsection (c) shall cease to be effective one year after
    the date on which final regulations issued in accordance with that
    subsection take effect.
      "(g) Inapplicability of Standards to Certain Contracts. - The
    cost accounting standards issued pursuant to section 26(f) of the
    Office of Federal Procurement Policy Act (41 U.S.C. 422(f)), as
    amended by this section, shall not apply during fiscal year 2000
    with respect to a contract entered into under the authority
    provided in chapter 89 of title 5, United States Code (relating to
    health benefits for Federal employees).
      "(h) Construction Regarding Certain Not-For-Profit Entities. -
    The amendments made by subsections (a) and (b) [amending this
    section] shall not be construed as modifying or superseding, nor as
    intended to impair or restrict, the applicability of the cost
    accounting standards described in section 26(f) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 422(f)) to - 
        "(1) any educational institution or federally funded research
      and development center that is associated with an educational
      institution in accordance with Office of Management and Budget
      Circular A-21, as in effect on January 1, 1999; or
        "(2) any contract with a nonprofit entity that provides
      research and development and related products or services to the
      Department of Defense.
      "(i) Effective Date. - The amendments made by subsections (a) and
    (b) [amending this section] shall take effect 180 days after the
    date of enactment of this Act [Oct. 5, 1999], and shall apply with
    respect to - 
        "(1) contracts that are entered into on or after such effective
      date; and
        "(2) determinations made on or after such effective date
      regarding whether a segment of a contractor or subcontractor is
      subject to the cost accounting standards under section 26(f) of
      the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)),
      regardless of whether the contracts on which such determinations
      are made were entered into before, on, or after such date."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 423                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 423. Restrictions on disclosing and obtaining contractor bid
      or proposal information or source selection information

-STATUTE-
    (a) Prohibition on disclosing procurement information
      (1) A person described in paragraph (2) shall not, other than as
    provided by law, knowingly disclose contractor bid or proposal
    information or source selection information before the award of a
    Federal agency procurement contract to which the information
    relates. In the case of an employee of a private sector
    organization assigned to an agency under chapter 37 of title 5, in
    addition to the restriction in the preceding sentence, such
    employee shall not, other than as provided by law, knowingly
    disclose contractor bid or proposal information or source selection
    information during the three-year period after the end of the
    assignment of such employee.
      (2) Paragraph (1) applies to any person who - 
        (A) is a present or former official of the United States, or a
      person who is acting or has acted for or on behalf of, or who is
      advising or has advised the United States with respect to, a
      Federal agency procurement; and
        (B) by virtue of that office, employment, or relationship has
      or had access to contractor bid or proposal information or source
      selection information.
    (b) Prohibition on obtaining procurement information
      A person shall not, other than as provided by law, knowingly
    obtain contractor bid or proposal information or source selection
    information before the award of a Federal agency procurement
    contract to which the information relates.
    (c) Actions required of procurement officers when contacted by
      offerors regarding non-Federal employment
      (1) If an agency official who is participating personally and
    substantially in a Federal agency procurement for a contract in
    excess of the simplified acquisition threshold contacts or is
    contacted by a person who is a bidder or offeror in that Federal
    agency procurement regarding possible non-Federal employment for
    that official, the official shall - 
        (A) promptly report the contact in writing to the official's
      supervisor and to the designated agency ethics official (or
      designee) of the agency in which the official is employed; and
        (B)(i) reject the possibility of non-Federal employment; or
        (ii) disqualify himself or herself from further personal and
      substantial participation in that Federal agency procurement
      until such time as the agency has authorized the official to
      resume participation in such procurement, in accordance with the
      requirements of section 208 of title 18 and applicable agency
      regulations on the grounds that - 
          (I) the person is no longer a bidder or offeror in that
        Federal agency procurement; or
          (II) all discussions with the bidder or offeror regarding
        possible non-Federal employment have terminated without an
        agreement or arrangement for employment.

      (2) Each report required by this subsection shall be retained by
    the agency for not less than two years following the submission of
    the report. All such reports shall be made available to the public
    upon request, except that any part of a report that is exempt from
    the disclosure requirements of section 552 of title 5 under
    subsection (b)(1) of such section may be withheld from disclosure
    to the public.
      (3) An official who knowingly fails to comply with the
    requirements of this subsection shall be subject to the penalties
    and administrative actions set forth in subsection (e) of this
    section.
      (4) A bidder or offeror who engages in employment discussions
    with an official who is subject to the restrictions of this
    subsection, knowing that the official has not complied with
    subparagraph (A) or (B) of paragraph (1), shall be subject to the
    penalties and administrative actions set forth in subsection (e) of
    this section.
    (d) Prohibition on former official's acceptance of compensation
      from contractor
      (1) A former official of a Federal agency may not accept
    compensation from a contractor as an employee, officer, director,
    or consultant of the contractor within a period of one year after
    such former official - 
        (A) served, at the time of selection of the contractor or the
      award of a contract to that contractor, as the procuring
      contracting officer, the source selection authority, a member of
      the source selection evaluation board, or the chief of a
      financial or technical evaluation team in a procurement in which
      that contractor was selected for award of a contract in excess of
      $10,000,000;
        (B) served as the program manager, deputy program manager, or
      administrative contracting officer for a contract in excess of
      $10,000,000 awarded to that contractor; or
        (C) personally made for the Federal agency - 
          (i) a decision to award a contract, subcontract, modification
        of a contract or subcontract, or a task order or delivery order
        in excess of $10,000,000 to that contractor;
          (ii) a decision to establish overhead or other rates
        applicable to a contract or contracts for that contractor that
        are valued in excess of $10,000,000;
          (iii) a decision to approve issuance of a contract payment or
        payments in excess of $10,000,000 to that contractor; or
          (iv) a decision to pay or settle a claim in excess of
        $10,000,000 with that contractor.

      (2) Nothing in paragraph (1) may be construed to prohibit a
    former official of a Federal agency from accepting compensation
    from any division or affiliate of a contractor that does not
    produce the same or similar products or services as the entity of
    the contractor that is responsible for the contract referred to in
    subparagraph (A), (B), or (C) of such paragraph.
      (3) A former official who knowingly accepts compensation in
    violation of this subsection shall be subject to penalties and
    administrative actions as set forth in subsection (e) of this
    section.
      (4) A contractor who provides compensation to a former official
    knowing that such compensation is accepted by the former official
    in violation of this subsection shall be subject to penalties and
    administrative actions as set forth in subsection (e) of this
    section.
      (5) Regulations implementing this subsection shall include
    procedures for an official or former official of a Federal agency
    to request advice from the appropriate designated agency ethics
    official regarding whether the official or former official is or
    would be precluded by this subsection from accepting compensation
    from a particular contractor.
    (e) Penalties and administrative actions
      (1) Criminal penalties
        Whoever engages in conduct constituting a violation of
      subsection (a) or (b) of this section for the purpose of either -
      
          (A) exchanging the information covered by such subsection for
        anything of value, or
          (B) obtaining or giving anyone a competitive advantage in the
        award of a Federal agency procurement contract,

      shall be imprisoned for not more than 5 years or fined as
      provided under title 18, or both.
      (2) Civil penalties
        The Attorney General may bring a civil action in an appropriate
      United States district court against any person who engages in
      conduct constituting a violation of subsection (a), (b), (c), or
      (d) of this section. Upon proof of such conduct by a
      preponderance of the evidence, the person is subject to a civil
      penalty. An individual who engages in such conduct is subject to
      a civil penalty of not more than $50,000 for each violation plus
      twice the amount of compensation which the individual received or
      offered for the prohibited conduct. An organization that engages
      in such conduct is subject to a civil penalty of not more than
      $500,000 for each violation plus twice the amount of compensation
      which the organization received or offered for the prohibited
      conduct.
      (3) Administrative actions
        (A) If a Federal agency receives information that a contractor
      or a person has engaged in conduct constituting a violation of
      subsection (a), (b), (c), or (d) of this section, the Federal
      agency shall consider taking one or more of the following
      actions, as appropriate:
          (i) Cancellation of the Federal agency procurement, if a
        contract has not yet been awarded.
          (ii) Rescission of a contract with respect to which - 
            (I) the contractor or someone acting for the contractor has
          been convicted for an offense punishable under paragraph (1),
          or
            (II) the head of the agency that awarded the contract has
          determined, based upon a preponderance of the evidence, that
          the contractor or someone acting for the contractor has
          engaged in conduct constituting such an offense.

          (iii) Initiation of suspension or debarment proceedings for
        the protection of the Government in accordance with procedures
        in the Federal Acquisition Regulation.
          (iv) Initiation of adverse personnel action, pursuant to the
        procedures in chapter 75 of title 5 or other applicable law or
        regulation.

        (B) If a Federal agency rescinds a contract pursuant to
      subparagraph (A)(ii), the United States is entitled to recover,
      in addition to any penalty prescribed by law, the amount expended
      under the contract.
        (C) For purposes of any suspension or debarment proceedings
      initiated pursuant to subparagraph (A)(iii), engaging in conduct
      constituting an offense under subsection (a), (b), (c), or (d) of
      this section affects the present responsibility of a Government
      contractor or subcontractor.
    (f) Definitions
      As used in this section:
        (1) The term "contractor bid or proposal information" means any
      of the following information submitted to a Federal agency as
      part of or in connection with a bid or proposal to enter into a
      Federal agency procurement contract, if that information has not
      been previously made available to the public or disclosed
      publicly:
          (A) Cost or pricing data (as defined by section 2306a(h) of
        title 10, with respect to procurements subject to that section,
        and section 254b(h) of this title, with respect to procurements
        subject to that section).
          (B) Indirect costs and direct labor rates.
          (C) Proprietary information about manufacturing processes,
        operations, or techniques marked by the contractor in
        accordance with applicable law or regulation.
          (D) Information marked by the contractor as "contractor bid
        or proposal information", in accordance with applicable law or
        regulation.

        (2) The term "source selection information" means any of the
      following information prepared for use by a Federal agency for
      the purpose of evaluating a bid or proposal to enter into a
      Federal agency procurement contract, if that information has not
      been previously made available to the public or disclosed
      publicly:
          (A) Bid prices submitted in response to a Federal agency
        solicitation for sealed bids, or lists of those bid prices
        before public bid opening.
          (B) Proposed costs or prices submitted in response to a
        Federal agency solicitation, or lists of those proposed costs
        or prices.
          (C) Source selection plans.
          (D) Technical evaluation plans.
          (E) Technical evaluations of proposals.
          (F) Cost or price evaluations of proposals.
          (G) Competitive range determinations that identify proposals
        that have a reasonable chance of being selected for award of a
        contract.
          (H) Rankings of bids, proposals, or competitors.
          (I) The reports and evaluations of source selection panels,
        boards, or advisory councils.
          (J) Other information marked as "source selection
        information" based on a case-by-case determination by the head
        of the agency, his designee, or the contracting officer that
        its disclosure would jeopardize the integrity or successful
        completion of the Federal agency procurement to which the
        information relates.

        (3) The term "Federal agency" has the meaning provided such
      term in section 102 of title 40.
        (4) The term "Federal agency procurement" means the acquisition
      (by using competitive procedures and awarding a contract) of
      goods or services (including construction) from non-Federal
      sources by a Federal agency using appropriated funds.
        (5) The term "contracting officer" means a person who, by
      appointment in accordance with applicable regulations, has the
      authority to enter into a Federal agency procurement contract on
      behalf of the Government and to make determinations and findings
      with respect to such a contract.
        (6) The term "protest" means a written objection by an
      interested party to the award or proposed award of a Federal
      agency procurement contract, pursuant to subchapter V of chapter
      35 of title 31.
        (7) The term "official" means the following:
          (A) An officer, as defined in section 2104 of title 5.
          (B) An employee, as defined in section 2105 of title 5.
          (C) A member of the uniformed services, as defined in section
        2101(3) of title 5.
    (g) Limitation on protests
      No person may file a protest against the award or proposed award
    of a Federal agency procurement contract alleging a violation of
    subsection (a), (b), (c), or (d) of this section, nor may the
    Comptroller General of the United States consider such an
    allegation in deciding a protest, unless that person reported to
    the Federal agency responsible for the procurement, no later than
    14 days after the person first discovered the possible violation,
    the information that the person believed constitutes evidence of
    the offense.
    (h) Savings provisions
      This section does not - 
        (1) restrict the disclosure of information to, or its receipt
      by, any person or class of persons authorized, in accordance with
      applicable agency regulations or procedures, to receive that
      information;
        (2) restrict a contractor from disclosing its own bid or
      proposal information or the recipient from receiving that
      information;
        (3) restrict the disclosure or receipt of information relating
      to a Federal agency procurement after it has been canceled by the
      Federal agency before contract award unless the Federal agency
      plans to resume the procurement;
        (4) prohibit individual meetings between a Federal agency
      official and an offeror or potential offeror for, or a recipient
      of, a contract or subcontract under a Federal agency procurement,
      provided that unauthorized disclosure or receipt of contractor
      bid or proposal information or source selection information does
      not occur;
        (5) authorize the withholding of information from, nor restrict
      its receipt by, Congress, a committee or subcommittee of
      Congress, the Comptroller General, a Federal agency, or an
      inspector general of a Federal agency;
        (6) authorize the withholding of information from, nor restrict
      its receipt by, the Comptroller General of the United States in
      the course of a protest against the award or proposed award of a
      Federal agency procurement contract; or
        (7) limit the applicability of any requirements, sanctions,
      contract penalties, and remedies established under any other law
      or regulation.

-SOURCE-
    (Pub. L. 93-400, Sec. 27, as added Pub. L. 100-679, Sec. 6(a), Nov.
    17, 1988, 102 Stat. 4063; amended Pub. L. 101-189, div. A, title
    VIII, Sec. 814(a)-(d)(1), Nov. 29, 1989, 103 Stat. 1495-1498; Pub.
    L. 101-510, div. A, title XIV, Sec. 1484(l)(6), Nov. 5, 1990, 104
    Stat. 1720; Pub. L. 102-25, title VII, Sec. 705(i), Apr. 6, 1991,
    105 Stat. 121; Pub. L. 103-355, title VIII, Sec. 8301(e), Oct. 13,
    1994, 108 Stat. 3397; Pub. L. 104-106, div. D, title XLIII, Sec.
    4304(a), Feb. 10, 1996, 110 Stat. 659; Pub. L. 107-347, title II,
    Sec. 209(d)(4), Dec. 17, 2002, 116 Stat. 2930.)

-COD-
                               CODIFICATION                           
      "Section 102 of title 40" substituted in subsec. (f)(3) for
    "section 3 of the Federal Property and Administrative Services Act
    of 1949 (40 U.S.C. 472)" on authority of Pub. L. 107-217, Sec.
    5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which
    enacted Title 40, Public Buildings, Property, and Works.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-347 inserted at end "In the
    case of an employee of a private sector organization assigned to an
    agency under chapter 37 of title 5, in addition to the restriction
    in the preceding sentence, such employee shall not, other than as
    provided by law, knowingly disclose contractor bid or proposal
    information or source selection information during the three-year
    period after the end of the assignment of such employee."
      1996 - Pub. L. 104-106 amended section generally, substituting
    subsecs. (a) to (h) relating to restrictions on disclosing and
    obtaining contractor bid or proposal information and source
    selection information for former subsecs. (a) to (p) relating to
    procurement integrity.
      1994 - Subsec. (e)(1)(B). Pub. L. 103-355 inserted ", except in
    the case of a contract for the procurement of commercial items,"
    after "certifies in writing to such contracting officer" in
    introductory provisions.
      1991 - Subsec. (p)(8). Pub. L. 102-25 substituted "has the
    meaning given such term by section 109(3) of the Ethics in
    Government Act of 1978 (5 U.S.C. App.)." for "has the same meaning
    as the term 'designated agency official' in section 209(10) of the
    Ethics in Government Act of 1978 (92 Stat. 1850; 5 U.S.C. App.)."
      1990 - Subsec. (f)(3)(D), (F). Pub. L. 101-510 redesignated
    subpar. (D), defining term "civil service", as (F).
      1989 - Subsecs. (a)(1), (b)(1). Pub. L. 101-189, Sec.
    814(a)(1)(A), inserted ", except as provided in subsection (c) of
    this section" before semicolon at end.
      Subsec. (c). Pub. L. 101-189, Sec. 814(a)(1)(C), added subsec.
    (c). Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated
    subsec. (c) as (d). Former subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated
    subsec. (d) as (e). Former subsec. (e) redesignated (f).
      Subsec. (e)(1)(A)(i), (B)(ii), (2)(A), (3)(A). Pub. L. 101-189,
    Sec. 814(c)(1)(A)-(D), substituted "(d), or (f)" for "(c), or (e)".
      Subsec. (e)(7)(B)(ii). Pub. L. 101-189, Sec. 814(c)(1)(E),
    substituted "subsection (o)" for "subsection (m)".
      Subsec. (f). Pub. L. 101-189, Sec. 814(a)(2)(B), substituted
    "Restrictions resulting from procurement activities of procurement
    officials" for "Restrictions on Government officials and employees"
    as heading, and "(1) No individual who, while serving as an officer
    or employee of the Government or member of the Armed Forces, was a
    procurement official with respect to a particular procurement may
    knowingly - " for "No Government official or employee, civilian, or
    military, who has participated personally and substantially in the
    conduct of any Federal agency procurement or who has personally
    reviewed and approved the award, modification, or extension of any
    contract for such procurement shall - ".
      Pub. L. 101-189, Sec. 814(a)(2)(A), redesignated pars. (1) and
    (2) as subpars. (A) and (B), respectively.
      Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (e)
    as (f). Former subsec. (f) redesignated (g).
      Subsec. (f)(2). Pub. L. 101-189, Sec. 814(a)(2)(C), added par.
    (2).
      Subsec. (f)(3). Pub. L. 101-189, Sec. 814(d)(1), added par. (3).
      Subsec. (g). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated
    subsec. (f) as (g). Former subsec. (g) redesignated (h).
      Subsec. (g)(1). Pub. L. 101-189, Sec. 814(c)(2), substituted
    "subsection (o)" for "subsection (m)".
      Subsec. (h). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated
    subsec. (g) as (h). Former subsec. (h) redesignated (i).
      Subsec. (h)(1). Pub. L. 101-189, Sec. 814(c)(3)(A), substituted
    "subsection (e)" for "subsection (d)".
      Subsec. (h)(2). Pub. L. 101-189, Sec. 814(c)(3)(B), substituted
    "(b) or (d)" for "(b) or (c)".
      Subsec. (h)(3). Pub. L. 101-189, Sec. 814(c)(3)(C), substituted
    "(i) and (j)" for "(h) and (i)".
      Subsec. (i). Pub. L. 101-189, Sec. 814(c)(4), substituted "(d),
    or (f)" for "(c), or (e)".
      Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (h)
    as (i). Former subsec. (i) redesignated (j).
      Subsec. (j). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated
    subsec. (i) as (j). Former subsec. (j) redesignated (l).
      Subsec. (j)(1). Pub. L. 101-189, Sec. 814(c)(5), substituted
    "subsection (p)" for "subsection (n)" and "subsection (o)" for
    "subsection (m)".
      Subsec. (k). Pub. L. 101-189, Sec. 814(a)(3), added subsec. (k).
    Former subsec. (k) redesignated (m).
      Subsec. (l). Pub. L. 101-189, Sec. 814(a)(1)(B)(i), redesignated
    subsec. (j) as (l). Former subsec. (l) redesignated (n).
      Subsec. (l)(1). Pub. L. 101-189, Sec. 814(c)(6)(A), substituted
    "subsections (b), (c), and (e)" for "subsection (b)".
      Subsec. (l)(2). Pub. L. 101-189, Sec. 814(c)(6)(B), substituted
    "subsections (b), (c), and (e)" for "subsection (b)" and "(d), or
    (f)" for "(c), or (e)".
      Subsecs. (m), (n). Pub. L. 101-189, Sec. 814(a)(1)(B)(i),
    redesignated subsecs. (k) and (l) as (m) and (n), respectively.
    Former subsecs. (m) and (n) redesignated (o) and (p), respectively.
      Subsec. (o). Pub. L. 101-189, Sec. 814(a)(4), amended subsec. (o)
    generally. Prior to amendment, subsec. (o) read as follows:
    "Government-wide regulations and guidelines deemed appropriate to
    carry out this section shall be issued in the Federal Acquisition
    Regulation within 180 days after November 17, 1988."
      Pub. L. 101-189, Sec. 814(a)(1)(B)(i), redesignated subsec. (m)
    as (o).
      Subsec. (p). Pub. L. 101-189, Sec. 814(a)(1)(B)(i), redesignated
    subsec. (n) as (p).
      Subsec. (p)(1). Pub. L. 101-189, Sec. 814(b)(1), substituted "on
    the earliest specific date, as determined under implementing
    regulations, on which an authorized official orders or requests an
    action described in clauses (i)-(viii) of paragraph (3)(A)," for
    "with the development, preparation, and issuance of a procurement
    solicitation,".
      Subsec. (p)(3)(A). Pub. L. 101-189, Sec. 814(b)(2), added subpar.
    (A) and struck out former subpar. (A) which read as follows: "The
    term 'procurement official' means any civilian or military official
    or employee of an agency who has participated personally and
    substantially in the conduct of the agency procurement concerned,
    including all officials and employees who are responsible for
    reviewing or approving the procurement, as further defined by
    applicable implementing regulations."
      Subsec. (p)(8). Pub. L. 101-189, Sec. 814(b)(3), added par. (8).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      Section 6(b) of Pub. L. 100-679, as amended by Pub. L. 101-28,
    Sec. 1, May 15, 1989, 103 Stat. 57, provided that: "The amendment
    made by subsection (a) [enacting this section] shall take effect
    July 16, 1989."

                                REGULATIONS                            
      Section 814(e) of Pub. L. 101-189 provided that: "Not later than
    90 days after the date of the enactment of this section [Nov. 29,
    1989], regulations implementing the amendments made by this section
    to the provisions of section 27 of the Office of Federal
    Procurement Policy Act (41 U.S.C. 423) shall be issued in
    accordance with sections 6 and 25 of such Act (41 U.S.C. 405, 421),
    after coordination with the Director of the Office of Government
    Ethics."

       CLARIFICATION OF FREQUENCY OF CERTIFICATION BY EMPLOYEES AND
                                CONTRACTORS
      Section 815(b) of Pub. L. 101-510 provided that: "Not later than
    30 days after the date of the enactment of this Act [Nov. 5, 1990],
    the regulations implementing section 27(e)(1)(B) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 423(e)(1)(B)) shall be
    revised to ensure that a contractor is required to obtain from each
    officer, employee, agent, representative, and consultant of the
    contractor only one certification (as described in clauses (i) and
    (ii) of that section) during the person's employment or association
    with the contractor and that such certification shall be made at
    the earliest possible date after the person begins his or her
    employment or association with the contractor."

                      SUSPENSION OF EFFECT OF SECTION                  
      Section 815(a)(1) of Pub. L. 101-510 provided that subsection (f)
    of this section shall have no force or effect during the period
    beginning on Dec. 1, 1990, and ending on May 31, 1991.
      Pub. L. 101-194, title V, Sec. 507(1), Nov. 30, 1989, 103 Stat.
    1759, provided that the provisions of this section shall have no
    force or effect during the period beginning Dec. 1, 1989, and
    ending one year after such date.

-End-



-CITE-
    41 USC Sec. 424                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 424. Repealed.

-MISC1-
    Sec. 424. Repealed. Pub. L. 103-355, title VIII, Sec. 8303(b), Oct.
      13, 1994, 108 Stat. 3398.
      Section, Pub. L. 93-400, Sec. 28, as added Pub. L. 100-679, Sec.
    9, Nov. 17, 1988, 102 Stat. 4069, related to establishment and
    duties of Advocate for the Acquisition of Commercial Products.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 10001
    of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 425                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 425. Contract clauses and certifications

-STATUTE-
    (a) Nonstandard contract clauses
      The Federal Acquisition Regulatory Council shall promulgate
    regulations to discourage the use of a nonstandard contract clause
    on a repetitive basis. The regulations shall include provisions
    that - 
        (1) clearly define what types of contract clauses are to be
      treated as nonstandard clauses; and
        (2) require prior approval for the use of a nonstandard clause
      on a repetitive basis by an official at a level of responsibility
      above the contracting officer.
    (b) Construction of certification requirements
      A provision of law may not be construed as requiring a
    certification by a contractor or offeror in a procurement made or
    to be made by the Federal Government unless that provision of law
    specifically provides that such a certification shall be required.
    (c) Prohibition on certification requirements
      (1) A requirement for a certification by a contractor or offeror
    may not be included in the Federal Acquisition Regulation unless - 
        (A) the certification requirement is specifically imposed by
      statute; or
        (B) written justification for such certification requirement is
      provided to the Administrator for Federal Procurement Policy by
      the Federal Acquisition Regulatory Council, and the Administrator
      approves in writing the inclusion of such certification
      requirement.

      (2)(A) A requirement for a certification by a contractor or
    offeror may not be included in a procurement regulation of an
    executive agency unless - 
        (i) the certification requirement is specifically imposed by
      statute; or
        (ii) written justification for such certification requirement
      is provided to the head of the executive agency by the senior
      procurement executive of the agency, and the head of the
      executive agency approves in writing the inclusion of such
      certification requirement.

      (B) For purposes of subparagraph (A), the term "head of the
    executive agency" with respect to a military department means the
    Secretary of Defense.

-SOURCE-
    (Pub. L. 93-400, Sec. 29, as added Pub. L. 103-355, title I, Sec.
    1093, Oct. 13, 1994, 108 Stat. 3273; amended Pub. L. 104-106, div.
    D, title XLIII, Sec. 4301(b)(2)(A), (c), Feb. 10, 1996, 110 Stat.
    657, 658.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-106 substituted "Contract clauses and
    certifications" for "Nonstandard contract clauses" in section
    catchline, designated existing provisions as subsec. (a) and
    inserted heading, and added subsecs. (b) and (c).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.

                    CURRENT CERTIFICATION REQUIREMENTS                
      Section 4301(b)(1) of Pub. L. 104-106 provided that:
      "(A) Not later than 210 days after the date of the enactment of
    this Act [Feb. 10, 1996], the Administrator for Federal Procurement
    Policy shall issue for public comment a proposal to amend the
    Federal Acquisition Regulation to remove from the Federal
    Acquisition Regulation certification requirements for contractors
    and offerors that are not specifically imposed by statute. The
    Administrator may omit such a certification requirement from the
    proposal only if - 
        "(i) the Federal Acquisition Regulatory Council provides the
      Administrator with a written justification for the requirement
      and a determination that there is no less burdensome means for
      administering and enforcing the particular regulation that
      contains the certification requirement; and
        "(ii) the Administrator approves in writing the retention of
      the certification requirement.
      "(B)(i) Not later than 210 days after the date of the enactment
    of this Act, the head of each executive agency that has agency
    procurement regulations containing one or more certification
    requirements for contractors and offerors that are not specifically
    imposed by statute shall issue for public comment a proposal to
    amend the regulations to remove the certification requirements. The
    head of the executive agency may omit such a certification
    requirement from the proposal only if - 
        "(I) the senior procurement executive for the executive agency
      provides the head of the executive agency with a written
      justification for the requirement and a determination that there
      is no less burdensome means for administering and enforcing the
      particular regulation that contains the certification
      requirement; and
        "(II) the head of the executive agency approves in writing the
      retention of such certification requirement.
      "(ii) For purposes of clause (i), the term 'head of the executive
    agency' with respect to a military department means the Secretary
    of Defense."

-End-



-CITE-
    41 USC Sec. 426                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 426. Use of electronic commerce in Federal procurement

-STATUTE-
    (a) In general
      The head of each executive agency, after consulting with the
    Administrator, shall establish, maintain, and use, to the maximum
    extent that is practicable and cost-effective, procedures and
    processes that employ electronic commerce in the conduct and
    administration of its procurement system.
    (b) Applicable standards
      In conducting electronic commerce, the head of an agency shall
    apply nationally and internationally recognized standards that
    broaden interoperability and ease the electronic interchange of
    information.
    (c) Agency procedures
      The head of each executive agency shall ensure that systems,
    technologies, procedures, and processes established pursuant to
    this section - 
        (1) are implemented with uniformity throughout the agency, to
      the extent practicable;
        (2) are implemented only after granting due consideration to
      the use or partial use, as appropriate, of existing electronic
      commerce and electronic data interchange systems and
      infrastructures such (!1) the Federal acquisition computer
      network architecture known as FACNET;

        (3) facilitate access to Federal Government procurement
      opportunities, including opportunities for small business
      concerns, socially and economically disadvantaged small business
      concerns, and business concerns owned predominantly by women; and
        (4) ensure that any notice of agency requirements or agency
      solicitation for contract opportunities is provided in a form
      that allows convenient and universal user access through a
      single, Government-wide point of entry.
    (d) Implementation
      The Administrator shall, in carrying out the requirements of this
    section - 
        (1) issue policies to promote, to the maximum extent
      practicable, uniform implementation of this section by executive
      agencies, with due regard for differences in program requirements
      among agencies that may require departures from uniform
      procedures and processes in appropriate cases, when warranted
      because of the agency mission;
        (2) ensure that the head of each executive agency complies with
      the requirements of subsection (c) of this section with respect
      to the agency systems, technologies, procedures, and processes
      established pursuant to this section; and
        (3) consult with the heads of appropriate Federal agencies with
      applicable technical and functional expertise, including the
      Office of Information and Regulatory Affairs, the National
      Institute of Standards and Technology, the General Services
      Administration, and the Department of Defense.
    (e) Report
      Not later than March 1 of each even-numbered year through 2004,
    the Administrator shall submit to Congress a report setting forth
    in detail the progress made in implementing the requirements of
    this section. The report shall include the following:
        (1) A strategic plan for the implementation of a Government-
      wide electronic commerce capability.
        (2) An agency-by-agency summary of implementation of the
      requirements of subsection (c) of this section, including
      timetables, as appropriate, addressing when individual agencies
      will come into full compliance.
        (3) A specific assessment of compliance with the requirement in
      subsection (c) of this section to provide universal public access
      through a single, Government-wide point of entry.
        (4) An agency-by-agency summary of the volume and dollar value
      of transactions that were conducted using electronic commerce
      methods during the previous two fiscal years.
        (5) A discussion of possible incremental changes to the
      electronic commerce capability referred to in subsection (c)(4)
      of this section to increase the level of government contract
      information available to the private sector, including an
      assessment of the advisability of including contract award
      information in the electronic commerce functional standard.
    (f) "Electronic commerce" defined
      For the purposes of this section, the term "electronic commerce"
    means electronic techniques for accomplishing business
    transactions, including electronic mail or messaging, World Wide
    Web technology, electronic bulletin boards, purchase cards,
    electronic funds transfers, and electronic data interchange.

-SOURCE-
    (Pub. L. 93-400, Sec. 30, as added Pub. L. 103-355, title IX, Sec.
    9001(a), Oct. 13, 1994, 108 Stat. 3399; Pub. L. 105-85, div. A,
    title VIII, Sec. 850(a), Nov. 18, 1997, 111 Stat. 1847; Pub. L. 106-
    398, Sec. 1 [[div. A], title VIII, Sec. 810(d)], Oct. 30, 2000,
    114 Stat. 1654, 1654A-210.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title
    VIII, Sec. 810(d)(1)], substituted "Not later than March 1 of each
    even-numbered year through 2004" for "Not later than March 1, 1998,
    and every year afterward through 2003" in introductory provisions.
      Subsec. (e)(4). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(d)(2)], substituted "An" for "Beginning with the report
    submitted on March 1, 1999, an" and "two fiscal years" for
    "calendar year".
      1997 - Pub. L. 105-85 amended section catchline and text
    generally. Prior to amendment, section consisted of subsecs. (a) to
    (d) requiring the Administrator to establish a program for
    development and implementation of a Federal acquisition computer
    network architecture to be known as FACNET.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective Oct. 1, 2000, see section
    1 [[div. A], title VIII, Sec. 810(e)] of Pub. L. 106-398, set out
    as a note under section 637 of Title 15, Commerce and Trade.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-85 effective 180 days after Nov. 18,
    1997, see section 850(g) of Pub. L. 105-85, set out as a note under
    section 2302c of Title 10, Armed Forces.

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "as".


-End-



-CITE-
    41 USC Sec. 426a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 426a. Repealed.

-MISC1-
    Sec. 426a. Repealed. Pub. L. 105-85, div. A, title VIII, Sec.
      850(b), Nov. 18, 1997, 111 Stat. 1848.
      Section, Pub. L. 93-400, Sec. 30A, as added Pub. L. 103-355,
    title IX, Sec. 9001(a), Oct. 13, 1994, 108 Stat. 3400, related to
    Federal acquisition computer network implementation.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 180 days after Nov. 18, 1997, see section 850(g)
    of Pub. L. 105-85, set out as an Effective Date of 1997 Amendment
    note under section 2302c of Title 10, Armed Forces.

              GAO DETERMINATION OF ELIGIBLE AGENCY CONTRACTS          
      Section 9004 of Pub. L. 103-355 required Comptroller General to
    submit to Administrator for Federal Procurement Policy and
    congressional committees, not later than 3 years after Oct. 13,
    1994, a report on classes of contracts in amounts greater than
    micro-purchase threshold and not greater than simplified
    acquisition threshold that are not suitable for acquisition through
    a system with full FACNET capability, and authorized Federal
    Acquisition Regulatory Council, not earlier than 3 years after Oct.
    13, 1994, to make determination that such class or classes of
    contracts were not suitable for acquisition through such a system,
    prior to repeal by Pub. L. 105-85, div. A, title VIII, Sec. 850(c),
    Nov. 18, 1997, 111 Stat. 1848.

-End-



-CITE-
    41 USC Sec. 427                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 427. Simplified acquisition procedures

-STATUTE-
    (a) Requirement
      In order to promote efficiency and economy in contracting and to
    avoid unnecessary burdens for agencies and contractors, the Federal
    Acquisition Regulation shall provide for - 
        (1) special simplified procedures for purchases of property and
      services for amounts not greater than the simplified acquisition
      threshold; and
        (2) special simplified procedures for purchases of property and
      services for amounts greater than the simplified acquisition
      threshold but not greater than $5,000,000 with respect to which
      the contracting officer reasonably expects, based on the nature
      of the property or services sought and on market research, that
      offers will include only commercial items.
    (b) Prohibition on dividing purchases
      A proposed purchase or contract for an amount above the
    simplified acquisition threshold may not be divided into several
    purchases or contracts for lesser amounts in order to use the
    simplified acquisition procedures required by subsection (a) of
    this section.
    (c) Promotion of competition required
      In using simplified acquisition procedures, the head of an
    executive agency shall promote competition to the maximum extent
    practicable.
    (d) Consideration of offers timely received
      The simplified acquisition procedures contained in the Federal
    Acquisition Regulation shall include a requirement that a
    contracting officer consider each responsive offer timely received
    from an eligible offeror.
    (e) Interim reporting rule
      Until October 1, 2004, procuring activities shall continue to
    report under section 417(d) of this title procurement awards with a
    dollar value of at least $25,000, but less than $100,000, in
    conformity with the procedures for the reporting of a contract
    award greater than $25,000 that were in effect on October 1, 1992.
    (f) Special rules for commercial items
      The Federal Acquisition Regulation shall provide that, in the
    case of a purchase of commercial items using special simplified
    procedures, an executive agency - 
        (1) shall publish a notice in accordance with section 416 of
      this title and, as provided in subsection (b)(4) of such section,
      permit all responsible sources to submit a bid, proposal, or
      quotation (as appropriate) which shall be considered by the
      agency;
        (2) may not conduct the purchase on a sole source basis unless
      the need to do so is justified in writing and approved in
      accordance with section 2304 of title 10 or section 253 of this
      title, as applicable; and
        (3) shall include in the contract file a written description of
      the procedures used in awarding the contract and the number of
      offers received.

-SOURCE-
    (Pub. L. 93-400, Sec. 31, as added Pub. L. 103-355, title IV, Sec.
    4201(a), Oct. 13, 1994, 108 Stat. 3342; amended Pub. L. 104-106,
    div. D, title XLII, Sec. 4202(c), title XLIII, Sec. 4302(b), Feb.
    10, 1996, 110 Stat. 653, 658; Pub. L. 104-201, div. A, title X,
    Sec. 1074(b)(6), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 105-85,
    div. A, title VIII, Sec. 850(d), Nov. 18, 1997, 111 Stat. 1848;
    Pub. L. 106-65, div. A, title VIII, Sec. 818, Oct. 5, 1999, 113
    Stat. 712.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (e). Pub. L. 106-65 substituted "October 1, 2004"
    for "October 1, 1999".
      1997 - Subsecs. (e) to (g). Pub. L. 105-85 redesignated subsecs.
    (f) and (g) as (e) and (f), respectively, and struck out heading
    and text of subsec. (e). Text read as follows: "The simplified
    acquisition procedures provided in the Federal Acquisition
    Regulation pursuant to section 2304(g)(1)(A) of title 10, section
    253(g)(1)(A) of this title, and subsection (a)(1) of this section
    may not be used by an agency after December 31, 1999, for contracts
    in amounts greater than $50,000 and not greater than the simplified
    acquisition threshold until a certification has been made pursuant
    to section 426a(a)(2) of this title that the agency has implemented
    a full FACNET capability."
      1996 - Subsec. (a). Pub. L. 104-106, Sec. 4202(c)(1), as amended
    by Pub. L. 104-201, substituted "shall provide for - " and pars.
    (1) and (2) for "shall provide for special simplified procedures
    for contracts for acquisition of property and services that are not
    greater than the simplified acquisition threshold."
      Subsec. (e). Pub. L. 104-106, Sec. 4302(b)(2), substituted
    "pursuant to section 2304(g)(1)(A) of title 10, section
    253(g)(1)(A) of this title, and subsection (a)(1) of this section"
    for "pursuant to this section".
      Pub. L. 104-106, Sec. 4302(b)(1), designated subsec. (e)(2)(B) as
    entire subsec. and struck out former pars. (1) and (2)(A) which
    read as follows:
      "(1) Effect of interim facnet capability. - The simplified
    acquisition procedures provided in the Federal Acquisition
    Regulation pursuant to this section may not be used by a procuring
    activity of an agency for contracts in amounts greater than $50,000
    and not greater than the simplified acquisition threshold until a
    certification has been made pursuant to section 426a(a)(1) of this
    title that the procuring activity has implemented an interim FACNET
    capability.
      "(2) Effect of full facnet capability. - (A)(i) In the case of a
    procuring activity described in clause (ii), the simplified
    acquisition procedures provided in the Federal Acquisition
    Regulation pursuant to this section may be used by the activity for
    contracts in amounts greater than $50,000 and not greater than the
    simplified acquisition threshold.
      "(ii) Clause (i) applies to any procuring activity - 
        "(I) that has not certified, pursuant to section 426a(a)(1) of
      this title, that it has implemented interim FACNET capability;
      and
        "(II) that is in an agency that has excluded the procuring
      activity from the agency's full FACNET certification under
      section 426a(a)(2) of this title on the basis that implementation
      of full FACNET capability would not be cost effective or
      practicable in that activity."
      Subsec. (g). Pub. L. 104-106, Sec. 4202(c)(2), added subsec. (g).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-85 effective 180 days after Nov. 18,
    1997, see section 850(g) of Pub. L. 105-85, set out as a note under
    section 2302c of Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 1074(b)(6) of Pub. L. 104-201 provided that the amendment
    made by that section is effective Feb. 10, 1996.
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.

     TERMINATION OF AUTHORITY TO ISSUE SOLICITATIONS FOR PURCHASES OF
      COMMERCIAL ITEMS IN EXCESS OF SIMPLIFIED ACQUISITION THRESHOLD
      Authority to issue solicitations for purchases of commercial
    items in excess of simplified acquisition threshold pursuant to
    special simplified procedures authorized by subsec. (a) of this
    section to expire three years after date certain amendments by
    section 4202 of Pub. L. 104-106 take effect pursuant to section
    4401(b) of Pub. L. 104-106, set out as a note under section 251 of
    this title, see section 4202(e) of Pub. L. 104-106, set out as a
    note under section 2304 of Title 10, Armed Forces.

-End-



-CITE-
    41 USC Sec. 428                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 428. Procedures applicable to purchases below micro-purchase
      threshold

-STATUTE-
    (a) Requirements
      (1) The head of each executive agency shall ensure that procuring
    activities of that agency, in awarding a contract with a price
    exceeding the micro-purchase threshold, comply with the
    requirements of section 637(a) of title 15, section 2323 of title
    10, and section 7102 of the Federal Acquisition Streamlining Act of
    1994.
      (2) The authority under part 13.106(a)(1) of the Federal
    Acquisition Regulation (48 C.F.R. 13.106(a)(1)), as in effect on
    November 18, 1993, to make purchases without securing competitive
    quotations does not apply to any purchases with a price exceeding
    the micro-purchase threshold.
    (b) Exclusion for micro-purchases
      A purchase by an executive agency with an anticipated value of
    the micro-purchase threshold or less is not subject to section
    644(j) of title 15 and the Buy American Act (41 U.S.C. 10a-10c).
    (c) Purchases without competitive quotations
      A purchase not greater than $2,500 may be made without obtaining
    competitive quotations if an employee of an executive agency or a
    member of the Armed Forces of the United States authorized to do so
    determines that the price for the purchase is reasonable.
    (d) Equitable distribution
      Purchases not greater than $2,500 shall be distributed equitably
    among qualified suppliers.
    (e) Implementation through FAR
      This section shall be implemented through the Federal Acquisition
    Regulation.
    (f) Micro-purchase threshold defined
      For purposes of this section, the micro-purchase threshold is the
    amount of $2,500.

-SOURCE-
    (Pub. L. 93-400, Sec. 32, as added Pub. L. 103-355, title IV, Sec.
    4301(a), Oct. 13, 1994, 108 Stat. 3346; amended Pub. L. 104-106,
    div. D, title XLIII, Secs. 4304(b)(4), (c)(3), 4311, Feb. 10, 1996,
    110 Stat. 664, 671.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7102 of the Federal Acquisition Streamlining Act of 1994,
    referred to in subsec. (a)(1), is section 7102 of Pub. L. 103-355,
    which is set out as a note under section 644 of Title 15, Commerce
    and Trade.
      The Buy American Act, referred to in subsec. (b), is title III of
    act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is
    classified generally to sections 10a, 10b, and 10c of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 10a of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-106, Sec. 4311, substituted "an
    employee of an executive agency or a member of the Armed Forces of
    the United States authorized to do so" for "the contracting
    officer".
      Pub. L. 104-106, Sec. 4304(b)(4), (c)(3), redesignated subsec.
    (d) as (c) and struck out heading and text of former subsec. (c).
    Text read as follows: "For purposes of section 423 of this title,
    an officer or employee of an executive agency, or a member of the
    Armed Forces of the United States, shall not be considered a
    procurement official if - 
        "(1) the contracting authority of the officer, employee, or
      member does not exceed $2,500; and
        "(2) the head of the contracting activity concerned (or a
      designee of the head of the contracting activity concerned)
      determines that the duties of the position of that officer,
      employee, or member are such that is it unlikely that the
      officer, employee, or member will be required to conduct
      procurements in a total amount greater than $20,000 in any 12-
      month period."
      Subsecs. (d) to (g). Pub. L. 104-106, Sec. 4304(c)(3),
    redesignated subsecs. (e) to (g) as (d) to (f), respectively.
    Former subsec. (d) redesignated (c).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 13, 1994, and to be implemented in Federal
    Acquisition Regulation not later than 60 days after Oct. 13, 1994,
    see section 4301(c) of Pub. L. 103-355, set out as an Effective
    Date of 1994 Amendment note under section 10a of this title.

-End-



-CITE-
    41 USC Sec. 428a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 428a. Special emergency procurement authority

-STATUTE-
    (a) Applicability
      The authorities provided in this section apply with respect to
    any procurement of property or services by or for an executive
    agency that, as determined by the head of such executive agency,
    are to be used - 
        (1) in support of a contingency operation; or
        (2) to facilitate the defense against or recovery from nuclear,
      biological, chemical, or radiological attack against the United
      States.
    (b) Increased thresholds
      For a procurement to which this section applies under subsection
    (a) of this section - 
        (1) the amount specified in subsections (c), (d), and (f) of
      section 428 of this title shall be deemed to be - 
          (A) $15,000 in the case of any contract to be awarded and
        performed, or purchase to be made, inside the United States;
        and
          (B) $25,000 in the case of any contract to be awarded and
        performed, or purchase to be made, outside the United States;
        and

        (2) the term "simplified acquisition threshold" means - 
          (A) $250,000 in the case of any contract to be awarded and
        performed, or purchase to be made, inside the United States;
        and
          (B) $1,000,000 in the case of any contract to be awarded and
        performed, or purchase to be made, outside the United States.
    (c) Increased limitation on use of simplified acquisition
      procedures
      For a procurement to which this section applies under subsection
    (a) of this section, the $5,000,000 limitation in the following
    provisions of law shall be deemed to be $10,000,000:
        (1) Section 427(a)(2) of this title.
        (2) Section 2304(g)(1)(B) of title 10.
        (3) Section 253(g)(1)(B) of this title.
    (d) Commercial items authority
      (1) The head of an executive agency carrying out a procurement of
    property or a service to which this section applies under
    subsection (a)(2) of this section may treat such property or
    service as a commercial item for the purpose of carrying out such
    procurement.
      (2) A contract in an amount greater than $15,000,000 that is
    awarded on a sole source basis for an item or service treated as a
    commercial item under paragraph (1) shall not be exempt from - 
        (A) cost accounting standards promulgated pursuant to section
      422 of this title; or
        (B) cost or pricing data requirements (commonly referred to as
      truth in negotiating) under section 2306a of title 10 and section
      254b of this title.
    (e) Contingency operation defined
      In this section, the term "contingency operation" has the meaning
    given such term in section 101(a)(13) of title 10.

-SOURCE-
    (Pub. L. 93-400, Sec. 32A, as added Pub. L. 108-136, div. A, title
    XIV, Sec. 1443(a)(1), Nov. 24, 2003, 117 Stat. 1675; amended Pub.
    L. 108-375, div. A, title VIII, Sec. 822, Oct. 28, 2004, 118 Stat.
    2016.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-375, Sec. 822(1), added par.
    (1) and struck out former par. (1) which read as follows: "the
    amount specified in subsections (c), (d), and (f) of section 428 of
    this title shall be deemed to be $15,000; and".
      Subsec. (b)(2)(B). Pub. L. 108-375, Sec. 822(2), substituted
    "$1,000,000" for "$500,000".

    AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR DEFENSE AGAINST OR
       RECOVERY FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
                            RADIOLOGICAL ATTACK
      Pub. L. 108-136, div. A, title XIV, Sec. 1441, Nov. 24, 2003, 117
    Stat. 1673, provided that:
      "(a) Authority. - 
        "(1) In general. - The head of an executive agency who engages
      in basic research, applied research, advanced research, and
      development projects that - 
          "(A) are necessary to the responsibilities of such official's
        executive agency in the field of research and development, and
          "(B) have the potential to facilitate defense against or
        recovery from terrorism or nuclear, biological, chemical, or
        radiological attack,
      may exercise the same authority (subject to the same restrictions
      and conditions) with respect to such research and projects as the
      Secretary of Defense may exercise under section 2371 of title 10,
      United States Code, except for subsections (b) and (f) of such
      section 2371.
        "(2) Prototype projects. - The head of an executive agency may,
      under the authority of paragraph (1), carry out prototype
      projects that meet the requirements of subparagraphs (A) and (B)
      of paragraph (1) in accordance with the requirements and
      conditions provided for carrying out prototype projects under
      section 845 of the National Defense Authorization Act for Fiscal
      Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note), including
      that, to the maximum extent practicable, competitive procedures
      shall be used when entering into agreements to carry out projects
      under subsection (a) of that section and that the period of
      authority to carry out projects under such subsection (a)
      terminates as provided in subsection (g) [now (i)] of that
      section.
        "(3) Application of requirements and conditions. - In applying
      the requirements and conditions of section 845 of the National
      Defense Authorization Act for Fiscal Year 1994 under this
      subsection - 
          "(A) subsection (c) of that section shall apply with respect
        to prototype projects carried out under this paragraph; and
          "(B) the Director of the Office of Management and Budget
        shall perform the functions of the Secretary of Defense under
        subsection (d) of that section.
        "(4) Applicability to selected executive agencies. - 
          "(A) OMB authorization required. - The head of an executive
        agency may exercise authority under this subsection for a
        project only if authorized by the Director of the Office of
        Management and Budget to use the authority for such project.
          "(B) Relationship to authority of department of homeland
        security. - The authority under this subsection shall not apply
        to the Secretary of Homeland Security while section 831 of the
        Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.
        2224) [6 U.S.C. 391] is in effect.
      "(b) Annual Report. - The annual report of the head of an
    executive agency that is required under subsection (h) of section
    2371 of title 10, United States Code, as applied to the head of the
    executive agency by subsection (a), shall be submitted to the
    Committee on Governmental Affairs of the Senate and the Committee
    on Government Reform of the House of Representatives.
      "(c) Regulations. - The Director of the Office of Management and
    Budget shall prescribe regulations to carry out this section. No
    transaction may be conducted under the authority of this section
    before the date on which such regulations take effect.
      "(d) Termination of Authority. - The authority to carry out
    transactions under subsection (a) shall terminate on September 30,
    2008."

-End-



-CITE-
    41 USC Sec. 429                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 429. List of laws inapplicable to contracts not greater than
      simplified acquisition threshold in Federal Acquisition
      Regulation

-STATUTE-
    (a) List of inapplicable provisions of law
      (1) The Federal Acquisition Regulation shall include a list of
    provisions of law that are inapplicable to contracts or
    subcontracts in amounts not greater than the simplified acquisition
    threshold. A provision of law that is properly included on the list
    pursuant to paragraph (2) may not be construed as applicable to
    such contracts or subcontracts (as the case may be) by an executive
    agency. Nothing in this section shall be construed to render
    inapplicable to contracts and subcontracts in amounts not greater
    than the simplified acquisition threshold any provision of law that
    is not included on such list.
      (2) A provision of law described in subsection (b) of this
    section that is enacted after October 13, 1994, shall be included
    on the list of inapplicable provisions of law required by paragraph
    (1), unless the Federal Acquisition Regulatory Council makes a
    written determination that it would not be in the best interest of
    the Federal Government to exempt contracts or subcontracts in
    amounts not greater than the simplified acquisition threshold from
    the applicability of the provision.
    (b) Covered law
      A provision of law referred to in subsection (a)(2) of this
    section is any provision of law that, as determined by the Federal
    Acquisition Regulatory Council, sets forth policies, procedures,
    requirements, or restrictions for the procurement of property or
    services by the Federal Government, except for a provision of law
    that - 
        (1) provides for criminal or civil penalties; or
        (2) specifically refers to this section and provides that,
      notwithstanding this section, it shall be applicable to contracts
      or subcontracts in amounts not greater than the simplified
      acquisition threshold.
    (c) Petition
      In the event that a provision of law described in subsection (b)
    of this section is not included on the list of inapplicable
    provisions of law as required by subsection (a) of this section,
    and no written determination has been made by the Federal
    Acquisition Regulatory Council pursuant to subsection (a)(2) of
    this section, a person may petition the Administrator for Federal
    Procurement Policy to take appropriate action. The Administrator
    shall revise the Federal Acquisition Regulation to include the
    provision on the list of inapplicable provisions of law unless the
    Federal Acquisition Regulatory Council makes a determination
    pursuant to subsection (a)(2) of this section within 60 days after
    the date on which the petition is received.

-SOURCE-
    (Pub. L. 93-400, Sec. 33, as added Pub. L. 103-355, title IV, Sec.
    4101, Oct. 13, 1994, 108 Stat. 3339.)


-MISC1-
                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 430                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 430. List of laws inapplicable to procurements of commercial
      items in Federal Acquisition Regulation

-STATUTE-
    (a) List of inapplicable provisions of law
      (1) The Federal Acquisition Regulation shall include a list of
    provisions of law that are inapplicable to contracts for the
    procurement of commercial items. A provision of law that is
    properly included on the list pursuant to paragraph (2) may not be
    construed as applicable to purchases of commercial items by an
    executive agency. Nothing in this section shall be construed to
    render inapplicable to contracts for the procurement of commercial
    items any provision of law that is not included on such list.
      (2) A provision of law described in subsection (c) of this
    section that is enacted after October 13, 1994, shall be included
    on the list of inapplicable provisions of law required by paragraph
    (1), unless the Federal Acquisition Regulatory Council makes a
    written determination that it would not be in the best interest of
    the Federal Government to exempt contracts for the procurement of
    commercial items from the applicability of the provision.
    (b) Subcontracts
      (1) The Federal Acquisition Regulation shall include a list of
    provisions of law that are inapplicable to subcontracts under
    either a contract for the procurement of commercial items or a
    subcontract for the procurement of commercial items. A provision of
    law that is properly included on the list pursuant to paragraph (2)
    may not be construed as applicable to such subcontracts. Nothing in
    this section shall be construed to render inapplicable to
    subcontracts under a contract for the procurement of commercial
    items any provision of law that is not included on such list.
      (2) A provision of law described in subsection (c) of this
    section shall be included on the list of inapplicable provisions of
    law required by paragraph (1) unless the Federal Acquisition
    Regulatory Council makes a written determination that it would not
    be in the best interest of the Federal Government to exempt
    subcontracts under a contract for the procurement of commercial
    items from the applicability of the provision.
      (3) Nothing in this subsection shall be construed to authorize
    the waiver of the applicability of any provision of law with
    respect to any subcontract under a contract with a prime contractor
    reselling or distributing commercial items of another contractor
    without adding value.
      (4) In this subsection, the term "subcontract" includes a
    transfer of commercial items between divisions, subsidiaries, or
    affiliates of a contractor or subcontractor.
    (c) Covered law
      A provision of law referred to in subsections (a)(2) and (b) of
    this section is any provision of law that, as determined by the
    Federal Acquisition Regulatory Council, sets forth policies,
    procedures, requirements, or restrictions for the procurement of
    property or services by the Federal Government, except for a
    provision of law that - 
        (1) provides for criminal or civil penalties; or
        (2) specifically refers to this section and provides that,
      notwithstanding this section, it shall be applicable to contracts
      for the procurement of commercial items.
    (d) Petition
      In the event that a provision of law described in subsection (c)
    of this section is not included on the list of inapplicable
    provisions of law as required by subsection (a) or (b) of this
    section, and no written determination has been made by the Federal
    Acquisition Regulatory Council pursuant to subsection (a)(2) or
    (b)(2) of this section, a person may petition the Administrator for
    Federal Procurement Policy to take appropriate action. The
    Administrator shall revise the Federal Acquisition Regulation to
    include the provision on the list of inapplicable provisions of law
    unless the Federal Acquisition Regulatory Council makes a
    determination pursuant to subsection (a)(2) or (b)(2) of this
    section within 60 days after the date on which the petition is
    received.

-SOURCE-
    (Pub. L. 93-400, Sec. 34, as added Pub. L. 103-355, title VIII,
    Sec. 8003(a), Oct. 13, 1994, 108 Stat. 3388.)


-MISC1-
                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.
      Section 8003(b) of Pub. L. 103-355 provided that: "No petition
    may be filed under section 34(d) of the Office of Federal
    Procurement Policy Act [41 U.S.C. 430(d)], as added by subsection
    (a), until after the date occurring 6 months after the date of the
    enactment of this Act [Oct. 13, 1994]."

-End-



-CITE-
    41 USC Sec. 431                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 431. Commercially available off-the-shelf item acquisitions:
      lists of inapplicable laws in Federal Acquisition Regulation

-STATUTE-
    (a) Lists of inapplicable provisions of law
      (1) The Federal Acquisition Regulation shall include a list of
    provisions of law that are inapplicable to contracts for the
    procurement of commercially available off-the-shelf items.
      (2) A provision of law that, pursuant to paragraph (3), is
    properly included on a list referred to in paragraph (1) may not be
    construed as being applicable to contracts referred to in paragraph
    (1). Nothing in this section shall be construed to render
    inapplicable to such contracts any provision of law that is not
    included on such list.
      (3) A provision of law described in subsection (b) of this
    section shall be included on the list of inapplicable provisions of
    law required by paragraph (1) unless the Administrator for Federal
    Procurement Policy makes a written determination that it would not
    be in the best interest of the United States to exempt such
    contracts from the applicability of that provision of law. Nothing
    in this section shall be construed as modifying or superseding, or
    as being intended to impair or restrict authorities or
    responsibilities under - 
        (A) section 644 of title 15; or
        (B) bid protest procedures developed under the authority of
      subchapter V of chapter 35 of title 31; subsections (e) and (f)
      of section 2305 of title 10; or subsections (h) and (i) of
      section 253b of this title.
    (b) Covered law
      Except as provided in subsection (a)(3) of this section, the list
    referred to in subsection (a)(1) of this section shall include each
    provision of law that, as determined by the Administrator, imposes
    on persons who have been awarded contracts by the Federal
    Government for the procurement of commercially available off-the-
    shelf items Government-unique policies, procedures, requirements,
    or restrictions for the procurement of property or services, except
    the following:
        (1) A provision of law that provides for criminal or civil
      penalties.
        (2) A provision of law that specifically refers to this section
      and provides that, notwithstanding this section, such provision
      of law shall be applicable to contracts for the procurement of
      commercially available off-the-shelf items.
    (c) "Commercially available off-the-shelf item" defined
      (1) As used in this section, the term "commercially available off-
    the-shelf item" means, except as provided in paragraph (2), an
    item that - 
        (A) is a commercial item (as described in section 403(12)(A) of
      this title);
        (B) is sold in substantial quantities in the commercial
      marketplace; and
        (C) is offered to the Government, without modification, in the
      same form in which it is sold in the commercial marketplace.

      (2) The term "commercially available off-the-shelf item" does not
    include bulk cargo, as defined in section 40102(4) of title 46,
    such as agricultural products and petroleum products.

-SOURCE-
    (Pub. L. 93-400, Sec. 35, as added Pub. L. 104-106, div. D, title
    XLII, Sec. 4203(a), Feb. 10, 1996, 110 Stat. 654; amended Pub. L.
    105-85, div. A, title X, Sec. 1073(g)(2)(C), Nov. 18, 1997, 111
    Stat. 1906.)

-COD-
                               CODIFICATION                           
      In subsec. (c)(2), "section 40102(4) of title 46" substituted for
    "section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)" on
    authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat.
    1709, which Act enacted section 40102 of Title 46, Shipping.
      Another section 35 of Pub. L. 93-400 was renumbered Sec. 38 and
    is classified to section 434 of this title.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (b)(2). Pub. L. 105-85 substituted "commercially
    available" for "commercial".

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 431a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 431a. Inflation adjustment of acquisition-related dollar
      thresholds

-STATUTE-
    (a) Requirement for periodic adjustment
      (1) On October 1 of each year that is evenly divisible by five,
    the Federal Acquisition Regulatory Council shall adjust each
    acquisition-related dollar threshold provided by law, as described
    in subsection (c) of this section, to the baseline constant dollar
    value of that threshold.
      (2) For the purposes of paragraph (1), the baseline constant
    dollar value - 
        (A) for a dollar threshold in effect on October 1, 2000, that
      was first specified in a law that took effect on or before such
      date shall be the October 1, 2000, constant dollar value of that
      dollar threshold; and
        (B) for a dollar threshold specified in a law that takes effect
      after October 1, 2000, shall be the constant dollar value of that
      threshold as of the effective date of that dollar threshold
      pursuant to such law.
    (b) Adjustments effective upon publication
      The Federal Acquisition Regulatory Council shall publish a notice
    of the adjusted dollar thresholds under this section in the Federal
    Register. The adjusted dollar thresholds shall take effect on the
    date of publication.
    (c) Acquisition-related dollar thresholds
      Except as provided in subsection (d) of this section, the
    requirement for adjustment under subsection (a) of this section
    applies to a dollar threshold that is specified in law as a factor
    in defining the scope of the applicability of a policy, procedure,
    requirement, or restriction provided in that law to the procurement
    of property or services by an executive agency, as determined by
    the Federal Acquisition Regulatory Council.
    (d) Excluded thresholds
      Subsection (a) of this section does not apply to - 
        (1) dollar thresholds in sections 3141 through 3144, 3146, and
      3147 of title 40;
        (2) dollar thresholds in the Service Contract Act of 1965 (41
      U.S.C. 351, et seq.); or
        (3) dollar thresholds established by the United States Trade
      Representative pursuant to title III of the Trade Agreements Act
      of 1979 (19 U.S.C. 2511 et seq.).
    (e) Calculation of adjustments
      An adjustment under this section shall - 
        (1) be calculated on the basis of changes in the Consumer Price
      Index for all-urban consumers published monthly by the Department
      of Labor; and
        (2) be rounded - 
          (A) in the case of a dollar threshold that (as in effect on
        the day before the adjustment) is less than $10,000, to the
        nearest $500;
          (B) in the case of a dollar threshold that (as in effect on
        the day before the adjustment) is not less than $10,000, but is
        less than $100,000, to the nearest $5,000;
          (C) in the case of a dollar threshold that (as in effect on
        the day before the adjustment) is not less than $100,000, but
        is less than $1,000,000, to the nearest $50,000; and
          (D) in the case of a dollar threshold that (as in effect on
        the day before the adjustment) is $1,000,000 or more, to the
        nearest $500,000.
    (f) Petition for inclusion of omitted threshold
      (1) If a dollar threshold adjustable under this section is not
    included in a notice of adjustment published under subsection (b)
    of this section, any person may request adjustment of that dollar
    threshold by submitting a petition for adjustment to the
    Administrator for Federal Procurement Policy.
      (2) Upon receipt of a petition for adjustment of a dollar
    threshold under paragraph (1), the Administrator shall - 
        (A) determine, in writing, whether that dollar threshold is
      required to be adjusted under this section; and
        (B) if so, shall publish in the Federal Register a revised
      notice of the adjusted dollar thresholds under this section that
      includes the adjustment of the dollar threshold covered by the
      petition.

      (3) The adjustment of a dollar threshold pursuant to a petition
    under this subsection shall take effect on the date of the
    publication of the revised notice adding the adjustment of that
    dollar threshold under paragraph (2)(B).

-SOURCE-
    (Pub. L. 93-400, Sec. 35A, as added Pub. L. 108-375, div. A, title
    VIII, Sec. 807(a)(1), Oct. 28, 2004, 118 Stat. 2010.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Service Contract Act of 1965, referred to in subsec. (d)(2),
    is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which
    is classified generally to chapter 6 (Sec. 351 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 351 of this title and
    Tables.
      The Trade Agreements Act of 1979, referred to in subsec. (d)(3),
    is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, as amended. Title
    III of the Act is classified generally to subchapter I (Sec. 2511
    et seq.) of chapter 13 of Title 19, Customs Duties. For complete
    classification of this Act to the Code, see References in Text note
    set out under section 2501 of Title 19 and Tables.


-MISC1-
          RELATIONSHIP TO OTHER INFLATION ADJUSTMENT AUTHORITIES      
      Pub. L. 108-375, div. A, title VIII, Sec. 807(c), Oct. 28, 2004,
    118 Stat. 2011, provided that:
      "(1) Section 35A of the Office of Federal Procurement Policy Act
    [41 U.S.C. 431a], as added by subsection (a), supersedes the
    applicability of any other provision of law that provides for the
    adjustment of a dollar threshold that is adjustable under such
    section.
      "(2) After the date of the enactment of this Act [Oct. 28, 2004],
    a dollar threshold adjustable under section 35A of the Office of
    Federal Procurement Policy Act, as added by subsection (a), shall
    be adjusted only as provided under that section."

-End-



-CITE-
    41 USC Sec. 432                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 432. Value engineering

-STATUTE-
    (a) In general
      Each executive agency shall establish and maintain cost-effective
    value engineering procedures and processes.
    (b) "Value engineering" defined
      As used in this section, the term "value engineering" means an
    analysis of the functions of a program, project, system, product,
    item of equipment, building, facility, service, or supply of an
    executive agency, performed by qualified agency or contractor
    personnel, directed at improving performance, reliability, quality,
    safety, and life cycle costs.

-SOURCE-
    (Pub. L. 93-400, Sec. 36, as added Pub. L. 104-106, div. D, title
    XLIII, Sec. 4306(a), Feb. 10, 1996, 110 Stat. 665.)


-MISC1-
                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 433                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 433. Acquisition workforce

-STATUTE-
    (a) Applicability
      Except as provided in subsection (h)(3) of this section, this
    section does not apply to an executive agency that is subject to
    chapter 87 of title 10.
    (b) Management policies
      (1) Policies and procedures
        The head of each executive agency, after consultation with the
      Administrator for Federal Procurement Policy, shall establish
      policies and procedures for the effective management (including
      accession, education, training, career development, and
      performance incentives) of the acquisition workforce of the
      agency. The development of acquisition workforce policies under
      this section shall be carried out consistent with the merit
      system principles set forth in section 2301(b) of title 5.
      (2) Uniform implementation
        The head of each executive agency shall ensure that, to the
      maximum extent practicable, acquisition workforce policies and
      procedures established are uniform in their implementation
      throughout the agency.
      (3) Government-wide policies and evaluation
        The Administrator shall issue policies to promote uniform
      implementation of this section by executive agencies, with due
      regard for differences in program requirements among agencies
      that may be appropriate and warranted in view of the agency
      mission. The Administrator shall coordinate with the Deputy
      Director for Management of the Office of Management and Budget to
      ensure that such policies are consistent with the policies and
      procedures established and enhanced system of incentives provided
      pursuant to section 5051(c) of the Federal Acquisition
      Streamlining Act of 1994 (41 U.S.C. 263 note). The Administrator
      shall evaluate the implementation of the provisions of this
      section by executive agencies.
    (c) Senior procurement executive authorities and responsibilities
      Subject to the authority, direction, and control of the head of
    an executive agency, the senior procurement executive of the agency
    shall carry out all powers, functions, and duties of the head of
    the agency with respect to implementation of this section. The
    senior procurement executive shall ensure that the policies of the
    head of the executive agency established in accordance with this
    section are implemented throughout the agency.
    (d) Management information systems
      The Administrator shall ensure that the heads of executive
    agencies collect and maintain standardized information on the
    acquisition workforce related to implementation of this section. To
    the maximum extent practicable, such data requirements shall
    conform to standards established by the Office of Personnel
    Management for the Central Personnel Data File.
    (e) Applicability to acquisition workforce
      The programs established by this section shall apply to the
    acquisition workforce of each executive agency. For purposes of
    this section, the acquisition workforce of an agency consists of
    all employees serving in acquisition positions listed in subsection
    (g)(1)(A) of this section.
    (f) Career development
      (1) Career paths
        The head of each executive agency shall ensure that appropriate
      career paths for personnel who desire to pursue careers in
      acquisition are identified in terms of the education, training,
      experience, and assignments necessary for career progression to
      the most senior acquisition positions. The head of each executive
      agency shall make information available on such career paths.
      (2) Critical duties and tasks
        For each career path, the head of each executive agency shall
      identify the critical acquisition-related duties and tasks in
      which, at minimum, employees of the agency in the career path
      shall be competent to perform at full performance grade levels.
      For this purpose, the head of the executive agency shall provide
      appropriate coverage of the critical duties and tasks identified
      by the Director of the Federal Acquisition Institute.
      (3) Mandatory training and education
        For each career path, the head of each executive agency shall
      establish requirements for the completion of course work and
      related on-the-job training in the critical acquisition-related
      duties and tasks of the career path. The head of each executive
      agency shall also encourage employees to maintain the currency of
      their acquisition knowledge and generally enhance their knowledge
      of related acquisition management disciplines through academic
      programs and other self-developmental activities.
      (4) Performance incentives
        The head of each executive agency shall provide for an enhanced
      system of incentives for the encouragement of excellence in the
      acquisition workforce which rewards performance of employees that
      contribute to achieving the agency's performance goals. The
      system of incentives shall include provisions that - 
          (A) relate pay to performance (including the extent to which
        the performance of personnel in such workforce contributes to
        achieving the cost goals, schedule goals, and performance goals
        established for acquisition programs pursuant to section 263(b)
        of this title); and
          (B) provide for consideration, in personnel evaluations and
        promotion decisions, of the extent to which the performance of
        personnel in such workforce contributes to achieving such cost
        goals, schedule goals, and performance goals.
    (g) Qualification requirements
      (1) In general
        (A) Subject to paragraph (2), the Administrator shall establish
      qualification requirements, including education requirements, for
      the following positions:
          (i) Entry-level positions in the General Schedule Contracting
        series (GS-1102).
          (ii) Senior positions in the General Schedule Contracting
        series (GS-1102).
          (iii) All positions in the General Schedule Purchasing series
        (GS-1105).
          (iv) Positions in other General Schedule series in which
        significant acquisition-related functions are performed.

        (B) Subject to paragraph (2), the Administrator shall prescribe
      the manner and extent to which such qualification requirements
      shall apply to any person serving in a position described in
      subparagraph (A) at the time such requirements are established.
      (2) Relationship to requirements applicable to defense
        acquisition workforce
        The Administrator shall establish qualification requirements
      and make prescriptions under paragraph (1) that are comparable to
      those established for the same or equivalent positions pursuant
      to chapter 87 of title 10 with appropriate modifications.
      (3) Approval of requirements
        The Administrator shall submit any requirement established or
      prescription made under paragraph (1) to the Director of the
      Office of Personnel Management for approval. If the Director does
      not disapprove a requirement or prescription within 30 days after
      the date on which the Director receives it, the requirement or
      prescription is deemed to be approved by the Director.
    (h) Education and training
      (1) Funding levels
        (A) The head of an executive agency shall set forth separately
      the funding levels requested for education and training of the
      acquisition workforce in the budget justification documents
      submitted in support of the President's budget submitted to
      Congress under section 1105 of title 31.
        (B) Funds appropriated for education and training under this
      section may not be obligated for any other purpose.
      (2) Tuition assistance
        The head of an executive agency may provide tuition
      reimbursement in education (including a full-time course of study
      leading to a degree) in accordance with section 4107 of title 5
      for personnel serving in acquisition positions in the agency.
      (3) Acquisition workforce training fund
        (A) The Administrator of General Services shall establish an
      acquisition workforce training fund. The Administrator shall
      manage the fund through the Federal Acquisition Institute to
      support the training of the acquisition workforce of the
      executive agencies, except as provided in subparagraph (D). The
      Administrator shall consult with the Administrator for Federal
      Procurement Policy in managing the fund.
        (B) There shall be credited to the acquisition workforce
      training fund 5 percent of the fees collected by executive
      agencies (other than the Department of Defense) under the
      following contracts:
          (i) Governmentwide task and delivery-order contracts entered
        into under sections 253h and 253i of this title.
          (ii) Governmentwide contracts for the acquisition of
        information technology as defined in section 11101 of title 40
        and multiagency acquisition contracts for such technology
        authorized by section 11314 of such title.
          (iii) Multiple-award schedule contracts entered into by the
        Administrator of General Services.

        (C) The head of an executive agency that administers a contract
      described in subparagraph (B) shall remit to the General Services
      Administration the amount required to be credited to the fund
      with respect to such contract at the end of each quarter of the
      fiscal year.
        (D) The Administrator of General Services shall transfer to the
      Secretary of Defense fees collected from the Department of
      Defense pursuant to subparagraph (B), to be used by the Defense
      Acquisition University for purposes of acquisition workforce
      training.
        (E) The Administrator of General Services, through the Office
      of Federal Acquisition Policy, shall ensure that funds collected
      for training under this section are not used for any purpose
      other than the purpose specified in subparagraph (A).
        (F) Amounts credited to the fund shall be in addition to funds
      requested and appropriated for education and training referred to
      in paragraph (1).
        (G) Amounts credited to the fund shall remain available to be
      expended only in the fiscal year for which credited and the two
      succeeding fiscal years.
        (H) This paragraph shall cease to be effective five years after
      November 24, 2003.
    (i) Provisions relating to reemployment
      (1) Policies and procedures
        The head of each executive agency, after consultation with the
      Administrator and the Director of the Office of Personnel
      Management, shall establish policies and procedures under which
      the agency head may reemploy in an acquisition-related position
      (as described in subsection (g)(1)(A)) an individual receiving an
      annuity from the Civil Service Retirement and Disability Fund, on
      the basis of such individual's service, without discontinuing
      such annuity. The head of each executive agency shall keep the
      Administrator informed of the agency's use of this authority.
      (2) Service not subject to CSRS or FERS
        An individual so reemployed shall not be considered an employee
      for the purposes of chapter 83 or 84 of title 5.
      (3) Criteria for exercise of authority
        Polices (!1) and procedures established pursuant to this
      subsection shall authorize the head of the executive agency, on a
      case-by-case basis, to continue an annuity if - 

          (A) the unusually high or unique qualifications of an
        individual receiving an annuity from the Civil Service
        Retirement and Disability Fund on the basis of such
        individual's service,
          (B) the exceptional difficulty in recruiting or retaining a
        qualified employee, or
          (C) a temporary emergency hiring need,

      makes the reemployment of an individual essential.
      (4) Reporting requirement
        The Administrator shall submit annually to the Committee on
      Government Reform of the House of Representatives and the
      Committee on Homeland Security and Governmental Affairs of the
      Senate a report on the use of the authority under this
      subsection, including the number of employees reemployed under
      authority of this subsection.
      (5) Sunset provision
        The authority under this subsection shall expire on December
      31, 2011.

-SOURCE-
    (Pub. L. 93-400, Sec. 37, as added Pub. L. 104-106, div. D, title
    XLIII, Sec. 4307(a)(1), Feb. 10, 1996, 110 Stat. 666; amended Pub.
    L. 108-136, div. A, title XIV, Sec. 1412(b), Nov. 24, 2003, 117
    Stat. 1664; Pub. L. 109-163, div. A, title VIII, Sec. 821(a),
    (b)(1), Jan. 6, 2006, 119 Stat. 3386; Pub. L. 109-313, Sec. 4, Oct.
    6, 2006, 120 Stat. 1737.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5051(c) of the Federal Acquisition Streamlining Act of
    1994, referred to in subsec. (b)(3), is section 5051(c) of Pub. L.
    103-355, which is set out as a note under section 263 of this
    title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-163, Sec. 821(b)(1), substituted
    "Except as provided in subsection (h)(3) of this section, this
    section" for "This section".
      Subsec. (h)(3)(A). Pub. L. 109-163, Sec. 821(a)(1), substituted
    ", except as provided in subparagraph (D)" for "other than the
    Department of Defense".
      Subsec. (h)(3)(D) to (H). Pub. L. 109-163, Sec. 821(a)(2), added
    subpar. (D) and redesignated former subpars. (D) to (G) as (E) to
    (H), respectively.
      Subsec. (i). Pub. L. 109-313 added subsec. (i).
      2003 - Subsec. (h)(3). Pub. L. 108-136 added par. (3).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.
      Pub. L. 109-163, div. A, title VIII, Sec. 821(d), Jan. 6, 2006,
    119 Stat. 3386, provided that: "The amendments made by this section
    [amending this section and repealing provisions set out as a note
    under this section] shall apply with respect to fees collected
    under contracts described in section 37(h)(3)(B) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 433(h)(3)(B)) after the
    date of the enactment of this Act [Jan. 6, 2006]."

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

                  DEFENSE ACQUISITION UNIVERSITY FUNDING              
      Pub. L. 109-163, div. A, title VIII, Sec. 821(c), Jan. 6, 2006,
    119 Stat. 3386, provided that: "Amounts transferred under section
    37(h)(3)(D) of the Office of Federal Procurement Policy Act [41
    U.S.C. 433(h)(3)(D)] (as amended by subsection (a)) for use by the
    Defense Acquisition University shall be in addition to other
    amounts authorized for the University."

                        PURPOSES OF 2003 AMENDMENT                    
      Pub. L. 108-136, div. A, title XIV, Sec. 1412(a), Nov. 24, 2003,
    117 Stat. 1664, provided that: "The purposes of this section
    [amending this section and enacting provisions set out as notes
    under this section] are to ensure that the Federal acquisition
    workforce - 
        "(1) adapts to fundamental changes in the nature of Federal
      Government acquisition of property and services associated with
      the changing roles of the Federal Government; and
        "(2) acquires new skills and a new perspective to enable it to
      contribute effectively in the changing environment of the 21st
      century."

       INAPPLICABILITY OF SUBSECTION (H)(3) TO DEPARTMENT OF DEFENSE
                           ACQUISITION WORKFORCE
      Pub. L. 108-136, div. A, title XIV, Sec. 1412(c), Nov. 24, 2003,
    117 Stat. 1665, which provided that section 1412 of Pub. L. 108-136
    was inapplicable to the acquisition workforce of the Department of
    Defense and that fees covered by subsec. (h)(3) of this section
    were to be reduced by 5 percent to reflect the Department's
    nonparticipation in the acquisition workforce training fund, was
    repealed by Pub. L. 109-163, div. A, title VIII, Sec. 821(b)(2),
    Jan. 6, 2006, 119 Stat. 3386.

                 ACQUISITION WORKFORCE RECRUITMENT PROGRAM             
      Pub. L. 108-136, div. A, title XIV, Sec. 1413, Nov. 24, 2003, 117
    Stat. 1665, provided that:
      "(a) Determination of Shortage Category Positions. - For purposes
    of sections 3304, 5333, and 5753 of title 5, United States Code,
    the head of a department or agency of the United States (other than
    the Secretary of Defense) may determine, under regulations
    prescribed by the Office of Personnel Management, that certain
    Federal acquisition positions (as described in section 37(g)(1)(A)
    of the Office of Federal Procurement Policy Act (41 U.S.C.
    433(g)(1)(A))[)] are shortage category positions in order to use
    the authorities in those sections to recruit and appoint highly
    qualified persons directly to such positions in the department or
    agency.
      "(b) Termination of Authority. - The head of a department or
    agency may not appoint a person to a position of employment under
    this section after September 30, 2007.
      "(c) Report. - Not later than March 31, 2007, the Director of the
    Office of Personnel Management, in consultation with the
    Administrator for Federal Procurement Policy, shall submit to
    Congress a report on the implementation of this section. The report
    shall include - 
        "(1) a list of the departments and agencies that exercised the
      authority provided in this section, and whether the exercise of
      the authority was carried out in accordance with the regulations
      prescribed by the Office of Personnel Management;
        "(2) the Director's assessment of the efficacy of the exercise
      of the authority provided in this section in attracting employees
      with unusually high qualifications to the acquisition workforce;
      and
        "(3) any recommendations considered appropriate by the Director
      on whether the authority to carry out the program should be
      extended."

            ARCHITECTURAL AND ENGINEERING ACQUISITION WORKFORCE        
      Pub. L. 108-136, div. A, title XIV, Sec. 1414, Nov. 24, 2003, 117
    Stat. 1666, provided that: "The Administrator for Federal
    Procurement Policy, in consultation with the Secretary of Defense,
    the Administrator of General Services, and the Director of the
    Office of Personnel Management, shall develop and implement a plan
    to ensure that the Federal Government maintains the necessary
    capability with respect to the acquisition of architectural and
    engineering services to - 
        "(1) ensure that Federal Government employees have the
      expertise to determine agency requirements for such services;
        "(2) establish priorities and programs (including acquisition
      plans);
        "(3) establish professional standards;
        "(4) develop scopes of work; and
        "(5) award and administer contracts for such services."

-FOOTNOTE-
    (!1) So in original. Probably should be "Policies".


-End-



-CITE-
    41 USC Sec. 434                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 434. Modular contracting for information technology

-STATUTE-
    (a) In general
      The head of an executive agency should, to the maximum extent
    practicable, use modular contracting for an acquisition of a major
    system of information technology.
    (b) Modular contracting described
      Under modular contracting, an executive agency's need for a
    system is satisfied in successive acquisitions of interoperable
    increments. Each increment complies with common or commercially
    accepted standards applicable to information technology so that the
    increments are compatible with other increments of information
    technology comprising the system.
    (c) Implementation
      The Federal Acquisition Regulation shall provide that - 
        (1) under the modular contracting process, an acquisition of a
      major system of information technology may be divided into
      several smaller acquisition increments that - 
          (A) are easier to manage individually than would be one
        comprehensive acquisition;
          (B) address complex information technology objectives
        incrementally in order to enhance the likelihood of achieving
        workable solutions for attainment of those objectives;
          (C) provide for delivery, implementation, and testing of
        workable systems or solutions in discrete increments each of
        which comprises a system or solution that is not dependent on
        any subsequent increment in order to perform its principal
        functions; and
          (D) provide an opportunity for subsequent increments of the
        acquisition to take advantage of any evolution in technology or
        needs that occur during conduct of the earlier increments;

        (2) a contract for an increment of an information technology
      acquisition should, to the maximum extent practicable, be awarded
      within 180 days after the date on which the solicitation is
      issued and, if the contract for that increment cannot be awarded
      within such period, the increment should be considered for
      cancellation; and
        (3) the information technology provided for in a contract for
      acquisition of information technology should be delivered within
      18 months after the date on which the solicitation resulting in
      award of the contract was issued.

-SOURCE-
    (Pub. L. 93-400, Sec. 38, formerly Sec. 35, as added Pub. L. 104-
    106, div. E, title LII, Sec. 5202(a), Feb. 10, 1996, 110 Stat.
    690; renumbered Sec. 38, Pub. L. 104-201, div. A, title X, Sec.
    1074(d)(1), Sept. 23, 1996, 110 Stat. 2660.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 180 days after Feb. 10, 1996, see section 5701
    of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.

-End-



-CITE-
    41 USC Sec. 435                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 435. Levels of compensation of certain contractor personnel
      not allowable as costs under certain contracts

-STATUTE-
    (a) Determination required
      For purposes of section 2324(e)(1)(P) of title 10 and section
    256(e)(1)(P) of this title, the Administrator shall review
    commercially available surveys of executive compensation and, on
    the basis of the results of the review, determine a benchmark
    compensation amount to apply for each fiscal year. In making
    determinations under this subsection the Administrator shall
    consult with the Director of the Defense Contract Audit Agency and
    such other officials of executive agencies as the Administrator
    considers appropriate.
    (b) Benchmark compensation amount
      The benchmark compensation amount applicable for a fiscal year is
    the median amount of the compensation provided for all senior
    executives of all benchmark corporations for the most recent year
    for which data is available at the time the determination under
    subsection (a) of this section is made.
    (c) Definitions
      In this section:
        (1) The term "compensation", for a fiscal year, means the total
      amount of wages, salary, bonuses and deferred compensation for
      the fiscal year, whether paid, earned, or otherwise accruing, as
      recorded in an employer's cost accounting records for the fiscal
      year.
        (2) The term "senior executives", with respect to a contractor,
      means the five most highly compensated employees in management
      positions at each home office and each segment of the contractor.
        (3) The term "benchmark corporation", with respect to a fiscal
      year, means a publicly-owned United States corporation that has
      annual sales in excess of $50,000,000 for the fiscal year.
        (4) The term "publicly-owned United States corporation" means a
      corporation organized under the laws of a State of the United
      States, the District of Columbia, the Commonwealth of Puerto
      Rico, or a possession of the United States the voting stock of
      which is publicly traded.
        (5) The term "fiscal year" means a fiscal year established by a
      contractor for accounting purposes.

-SOURCE-
    (Pub. L. 93-400, Sec. 39, as added Pub. L. 105-85, div. A, title
    VIII, Sec. 808(c)(1), Nov. 18, 1997, 111 Stat. 1837; amended Pub.
    L. 105-261, div. A, title VIII, Sec. 804(c)(1), Oct. 17, 1998, 112
    Stat. 2083.)

-COD-
                               CODIFICATION                           
      Another section 39 of Pub. L. 93-400 was renumbered section 40
    and is classified to section 436 of this title.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c)(2). Pub. L. 105-261 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The term
    'senior executive', with respect to a corporation, means - 
        "(A) the chief executive officer of the corporation or any
      individual acting in a similar capacity for the corporation;
        "(B) the four most highly compensated employees in management
      positions of the corporation other than the chief executive
      officer; and
        "(C) in the case of a corporation that has components which
      report directly to the corporate headquarters, the five most
      highly compensated individuals in management positions at each
      such component."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-261 applicable with respect to costs of
    compensation of senior executives incurred after Jan. 1, 1999,
    under covered contracts entered into before, on, or after Oct. 17,
    1998, see section 804(d) of Pub. L. 105-261, set out as a note
    under section 2324 of Title 10, Armed Forces.

                              EFFECTIVE DATE                          
      Section 808(e) of Pub. L. 105-85 provided that: "The amendments
    made by this section [enacting this section and amending section
    256 of this title and section 2324 of Title 10, Armed Forces] shall
    - 
        "(1) take effect on the date that is 90 days after the date of
      the enactment of this Act [Nov. 18, 1997]; and
        "(2) apply with respect to costs of compensation incurred after
      January 1, 1998, under covered contracts entered into before, on,
      or after the date of the enactment of this Act."

                                REGULATIONS                            
      Section 808(d) of Pub. L. 105-85 provided that: "Regulations
    implementing the amendments made by this section [see Effective
    Date note set out above] shall be published in the Federal Register
    not later than the effective date of the amendments under
    subsection (e) [see Effective Date note set out above]."

      EXCLUSIVE APPLICABILITY OF PROVISIONS LIMITING ALLOWABILITY OF
               COMPENSATION FOR CERTAIN CONTRACTOR PERSONNEL
      Section 808(f) of Pub. L. 105-85 provided that: "Notwithstanding
    any other provision of law, no other limitation in law on the
    allowability of costs of compensation of senior executives under
    covered contracts shall apply to such costs of compensation
    incurred after January 1, 1998."

         DEFINITIONS FOR PURPOSES OF SECTION 808 OF PUB. L. 105-85     
      Section 808(g) of Pub. L. 105-85, as amended by Pub. L. 105-261,
    div. A, title VIII, Sec. 804(c)(2), Oct. 17, 1998, 112 Stat. 2083,
    provided that: "In this section [enacting this section, amending
    section 256 of this title and section 2324 of Title 10, Armed
    Forces, and enacting provisions set out as notes under this
    section]:
        "(1) The term 'covered contract' has the meaning given such
      term in section 2324(l) of title 10, United States Code, and
      section 306(l) of the Federal Property and Administrative
      Services Act of 1949 (41 U.S.C. 256(l)).
        "(2) The terms 'compensation' and 'senior executives' have the
      meanings given such terms in section 2324(l) of title 10, United
      States Code, and section 306(m) of the Federal Property and
      Administrative Services Act of 1949."

-End-



-CITE-
    41 USC Sec. 436                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 436. Protection of constitutional rights of contractors

-STATUTE-
    (a) Prohibition
      A contractor may not be required, as a condition for entering
    into a contract with the Federal Government, to waive any right
    under the Constitution for any purpose related to Chemical Weapons
    Convention Implementation Act of 1997 [22 U.S.C. 6701 et seq.] or
    the Chemical Weapons Convention (as defined in section 3 of such
    Act [22 U.S.C. 6701]).
    (b) Construction
      Nothing in subsection (a) of this section shall be construed to
    prohibit an executive agency from including in a contract a clause
    that requires the contractor to permit inspections for the purpose
    of ensuring that the contractor is performing the contract in
    accordance with the provisions of the contract.

-SOURCE-
    (Pub. L. 93-400, Sec. 40, formerly Sec. 39, as added Pub. L. 105-
    277, div. I, title III, Sec. 308(a), Oct. 21, 1998, 112 Stat. 2681-
    879; renumbered Sec. 40, Pub. L. 108-136, div. A, title XIV, Sec.
    1431(d)(2), Nov. 24, 2003, 117 Stat. 1672.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Chemical Weapons Convention Implementation Act of 1997,
    referred to in subsec. (a), probably means the Chemical Weapons
    Convention Implementation Act of 1998, which is div. I of Pub. L.
    105-277, Oct. 21, 1998, 112 Stat. 2681-856, and is classified
    principally to chapter 75 (Sec. 6701 et seq.) of Title 22, Foreign
    Relations and Intercourse. For complete classification of this Act
    to the Code, see Short Title note set out under section 6701 of
    Title 22 and Tables.

-End-



-CITE-
    41 USC Sec. 437                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 437. Incentives for efficient performance of services
      contracts

-STATUTE-
    (a) Incentive for use of performance-based services contracts
      A performance-based contract for the procurement of services
    entered into by an executive agency or a performance-based task
    order for services issued by an executive agency may be treated as
    a contract for the procurement of commercial items if - 
        (1) the value of the contract or task order is estimated not to
      exceed $25,000,000;
        (2) the contract or task order sets forth specifically each
      task to be performed and, for each task - 
          (A) defines the task in measurable, mission-related terms;
          (B) identifies the specific end products or output to be
        achieved; and
          (C) contains firm, fixed prices for specific tasks to be
        performed or outcomes to be achieved; and

        (3) the source of the services provides similar services to the
      general public under terms and conditions similar to those
      offered to the Federal Government.
    (b) Regulations
      The regulations implementing this section shall require agencies
    to collect and maintain reliable data sufficient to identify the
    contracts or task orders treated as contracts for commercial items
    using the authority of this section. The data may be collected
    using the Federal Procurement Data System or other reporting
    mechanism.
    (c) Report
      Not later than two years after November 24, 2003, the Director of
    the Office of Management and Budget shall prepare and submit to the
    Committees on Governmental Affairs and on Armed Services of the
    Senate and the Committees on Government Reform and on Armed
    Services of the House of Representatives a report on the contracts
    or task orders treated as contracts for commercial items using the
    authority of this section. The report shall include data on the use
    of such authority both government-wide and for each department and
    agency.
    (d) Expiration
      The authority under this section shall expire 10 years after
    November 24, 2003.

-SOURCE-
    (Pub. L. 93-400, Sec. 41, as added Pub. L. 108-136, div. A, title
    XIV, Sec. 1431(a), Nov. 24, 2003, 117 Stat. 1671.)

-End-



-CITE-
    41 USC Sec. 438                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY

-HEAD-
    Sec. 438. Civilian Board of Contract Appeals

-STATUTE-
    (a) Board established
      There is established in the General Services Administration a
    board of contract appeals to be known as the Civilian Board of
    Contract Appeals (in this section referred to as the "Civilian
    Board").
    (b) Membership
      (1) Appointment
        (A) The Civilian Board shall consist of members appointed by
      the Administrator of General Services (in consultation with the
      Administrator for Federal Procurement Policy) from a register of
      applicants maintained by the Administrator of General Services,
      in accordance with rules issued by the Administrator of General
      Services (in consultation with the Administrator for Federal
      Procurement Policy) for establishing and maintaining a register
      of eligible applicants and selecting Civilian Board members. The
      Administrator of General Services shall appoint a member without
      regard to political affiliation and solely on the basis of the
      professional qualifications required to perform the duties and
      responsibilities of a Civilian Board member.
        (B) The members of the Civilian Board shall be selected and
      appointed to serve in the same manner as administrative law
      judges appointed pursuant to section 3105 of title 5, with an
      additional requirement that such members shall have had not fewer
      than five years of experience in public contract law.
        (C) Notwithstanding subparagraph (B) and subject to paragraph
      (2), the following persons shall serve as Civilian Board members:
      any full-time member of any agency board of contract appeals
      other than the Armed Services Board of Contract Appeals, the
      Postal Service Board of Contract Appeals, and the board of
      contract appeals of the Tennessee Valley Authority serving as
      such on the day before the effective date of this section.
      (2) Removal
        Members of the Civilian Board shall be subject to removal in
      the same manner as administrative law judges, as provided in
      section 7521 of title 5.
      (3) Compensation
        Compensation for members of the Civilian Board shall be
      determined under section 5372a of title 5.
    (c) Functions
      (1) In general
        The Civilian Board shall have jurisdiction as provided by
      section 607(d) of this title.
      (2) Additional jurisdiction
        The Civilian Board may, with the concurrence of the Federal
      agency or agencies affected - 
          (A) assume jurisdiction over any additional category of laws
        or disputes over which an agency board of contract appeals
        established pursuant to section 607 of this title exercised
        jurisdiction before the effective date of this section; and
          (B) assume any other functions performed by such a board
        before such effective date on behalf of such agencies.

-SOURCE-
    (Pub. L. 93-400, Sec. 42, as added Pub. L. 109-163, div. A, title
    VIII, Sec. 847(a), Jan. 6, 2006, 119 Stat. 3391.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this section, referred to in subsecs.
    (b)(1)(C) and (c)(2), see Effective Date note below.
      Section 607 of this title, referred to in subsec. (c)(2)(A), was
    in the original "section 8 of the Contract Disputes Act", and was
    translated as reading "section 8 of the Contract Disputes Act of
    1978", to reflect the probable intent of Congress.

-CHANGE-
                              CHANGE OF NAME                          
      References to an agency board of contract appeals other than the
    Armed Services Board of Contract Appeals, the board of contract
    appeals of the Tennessee Valley Authority, or the Postal Service
    Board of Contract Appeals, deemed to refer to the Civilian Board of
    Contract Appeals, see section 847(e) of Pub. L. 109-163, set out as
    a note under section 607 of this title.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 1 year after Jan. 6, 2006, see section 847(g)
    of Pub. L. 109-163, set out as an Effective Date of 2006 Amendment
    note under section 5372a of Title 5, Government Organization and
    Employees.

                                 TRANSFERS                             
      For transfer of personnel, property, etc. of agency boards of
    contract appeals to the Civilian Board of Contract Appeals, with
    certain exceptions, see section 847(b) of Pub. L. 109-163, set out
    as a note under section 607 of this title.

-End-