HR 1107 RFS 
(13) completing action, as appropriate, on the recommendations of 
the Commission on Government Procurement. 
(b) CONSULTATION AND ASSISTANCE.—In carrying out the functions in 
subsection (a), the Administrator— 
(1) shall consult with the affected executive agencies, including the 
Small Business Administration; 
(2) with the concurrence of the heads of affected executive agencies, 
may designate one or more executive agencies to assist in performing 
those functions; and 
(3) may establish advisory committees or other interagency groups 
to assist in providing for the establishment, development, and mainte-
nance of a single system of simplified Government-wide procurement 
regulations and to assist in performing any other function the Adminis-
trator considers appropriate. 
(c) ASSIGNMENT, DELEGATION, OR TRANSFER.— 
(1) TO ADMINISTRATOR.—Except as otherwise provided by law, only 
duties, functions, or responsibilities expressly assigned by this division 
shall be assigned, delegated, or transferred to the Administrator. 
(2) BY ADMINISTRATOR.— 
(A) WITHIN OFFICE.—The Administrator may make and au-
thorize delegations within the Office of Federal Procurement Pol-
icy that the Administrator determines to be necessary to carry out 
this division. 
(B) TO
ANOTHER
EXECUTIVE
AGENCY.—The Administrator 
may delegate, and authorize successive redelegations of, an author-
ity, function, or power of the Administrator under this division 
(other than the authority to provide overall direction of Federal 
procurement policy and to prescribe policies and regulations to 
carry out the policy) to another executive agency with the consent 
of the head of the executive agency or at the direction of the 
President. 
§ 1123. Small business concerns 
In formulating the Federal Acquisition Regulation and procedures to en-
sure compliance with the Regulation, the Administrator, in consultation with 
the Small Business Administration, shall— 
(1) conduct analyses of the impact on small business concerns result-
ing from revised procurement regulations; and 
(2) incorporate into revised procurement regulations simplified bid-
ding, contract performance, and contract administration procedures for 
small business concerns. 
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§ 1124. Tests of innovative procurement methods and proce-
dures 
(a) IN GENERAL.—The Administrator may develop innovative procure-
ment methods and procedures to be tested by selected executive agencies. 
In developing a program to test innovative procurement methods and proce-
dures under this subsection, the Administrator shall consult with the heads 
of executive agencies to— 
(1) ascertain the need for and specify the objectives of the program; 
(2) develop the guidelines and procedures for carrying out the pro-
gram and the criteria to be used in measuring the success of the pro-
gram; 
(3) evaluate the potential costs and benefits which may be derived 
from the innovative procurement methods and procedures tested under 
the program; 
(4) select the appropriate executive agencies or components of execu-
tive agencies to carry out the program; 
(5) specify the categories and types of products or services to be pro-
cured under the program; and 
(6) develop the methods to be used to analyze the results of the pro-
gram. 
(b) APPROVAL OF EXECUTIVE AGENCIES REQUIRED.—A program to test 
innovative procurement methods and procedures may not be carried out un-
less approved by the heads of the executive agencies selected to carry out 
the program. 
(c) REQUEST FOR WAIVER OF LAW.—If the Administrator determines 
that it is necessary to waive the application of a provision of law to carry 
out a proposed program to test innovative procurement methods and proce-
dures under subsection (a), the Administrator shall transmit notice of the 
proposed program to the Committee on Oversight and Government Reform 
of the House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate and request that the Committees 
take the necessary action to provide that the provision of law does not apply 
with respect to the proposed program. The notification to Congress shall in-
clude— 
(1) a description of the proposed program (including the scope and 
purpose of the proposed program); 
(2) the procedures to be followed in carrying out the proposed pro-
gram; 
(3) the provisions of law affected and the application of any provi-
sion of law that must be waived in order to carry out the proposed pro-
gram; and 
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(4) the executive agencies involved in carrying out the proposed pro-
gram. 
§ 1125. Recipients of Federal grants or assistance 
(a) AUTHORITY.—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 that the Administrator considers 
appropriate and that executive agencies shall follow in providing for the pro-
curement, to the extent required under those programs, of property or serv-
ices referred to in section 1121(c)(1) of this title by recipients of Federal 
grants or assistance under the programs. 
(b) LIMITATION.—Subsection (a) does not— 
(1) permit the Administrator to authorize procurement or supply 
support, either directly or indirectly, to a recipient of a Federal grant 
or assistance; or 
(2) authorize action by a recipient contrary to State and local law 
in the case of a program to provide a Federal grant or assistance to 
a State or political subdivision. 
§ 1126. Policy regarding consideration of contractor past 
performance 
(a) GUIDANCE.—The Administrator shall prescribe for executive agencies 
guidance regarding consideration of the past contract performance of 
offerors in awarding contracts. The guidance shall include— 
(1) 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; 
(2) policies for the collection and maintenance of information on past 
contract performance that, to the maximum extent practicable, facili-
tate automated collection, maintenance, and dissemination of informa-
tion and provide for ease of collection, maintenance, and dissemination 
of information by other methods, as necessary; 
(3) policies for ensuring that— 
(A) offerors are afforded an opportunity to submit relevant in-
formation on past contract performance, including performance 
under contracts entered into by the executive agency concerned, 
other departments and agencies of the Federal Government, agen-
cies of State and local governments, and commercial customers; 
and 
(B) the information submitted by offerors is considered; and 
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