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(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 
(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 
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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 
(4) the period for which information on past performance of offerors 
may be maintained and considered. 
(b) INFORMATION NOT AVAILABLE.—If there is no information on past 
contract performance of an offeror or the information on past contract per-
formance is not available, the offeror may not be evaluated favorably or un-
favorably on the factor of past contract performance. 
§ 1127. Determining benchmark compensation amount 
(a) DEFINITIONS.—In this section: 
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(1) BENCHMARK COMPENSATION AMOUNT.—The term ‘‘benchmark 
compensation amount’’, for a fiscal year, is the median amount of the 
compensation provided for all senior executives of all benchmark cor-
porations for the most recent year for which data is available at the 
time the determination under subsection (b) is made. 
(2) BENCHMARK
CORPORATION.—The term ‘‘benchmark corpora-
tion’’, 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. 
(3) COMPENSATION.—The term ‘‘compensation’’, for a fiscal year, 
means the total amount of wages, salary, bonuses, and deferred com-
pensation for the fiscal year, whether paid, earned, or otherwise accru-
ing, as recorded in an employer’s cost accounting records for the fiscal 
year. 
(4) FISCAL YEAR.—The term ‘‘fiscal year’’ means a fiscal year a 
contractor establishes for accounting purposes. 
(5) PUBLICLY-OWNED
UNITED
STATES
CORPORATION.—The term 
‘‘publicly-owned United States corporation’’ means a corporation— 
(A) organized under the laws of a State of the United States, 
the District of Columbia, Puerto Rico, or a possession of the 
United States; and 
(B) whose voting stock is publicly traded. 
(6) SENIOR EXECUTIVES.—The term ‘‘senior executives’’, with re-
spect to a contractor, means the 5 most highly compensated employees 
in management positions at each home office and each segment of the 
contractor. 
(b) DETERMINING BENCHMARK COMPENSATION AMOUNT.—For purposes 
of section 4304(a)(16) of this title and section 2324(e)(1)(P) of title 10, 
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 other officials of 
executive agencies as the Administrator considers appropriate. 
§ 1128. Maintaining necessary capability with respect to ac-
quisition of architectural and engineering services 
The Administrator, in consultation with the Secretary of Defense, the Ad-
ministrator 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 acquisi-
tion of architectural and engineering services to— 
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(1) ensure that Federal Government employees have the expertise to 
determine agency requirements for those 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 those services. 
§ 1129. Center of excellence in contracting for services 
The Administrator shall maintain a center of excellence in contracting for 
services. The center 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. 
§ 1130. Effect of division on other law 
This division does not impair or affect the authorities or responsibilities 
relating to the procurement of real property conferred by division C of this 
subtitle and chapters 1 to 11 of title 40. 
§ 1131. Annual report 
The Administrator annually shall submit to Congress an assessment of 
the progress made in executive agencies in implementing the policy regard-
ing major acquisitions that is stated in section 3103(a) of this title. The 
Administrator shall use data from existing management systems in making 
the assessment. 
CHAPTER 13—ACQUISITION COUNCILS 
SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY COUNCIL 
Sec. 
1301.
Definition. 
1302.
Establishment and membership. 
1303.
Functions and authority. 
1304.
Contract clauses and certifications. 
SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL 
1311.
Establishment and membership. 
1312.
Functions. 
SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY 
COUNCIL 
§ 1301. Definition 
In this subchapter, the term ‘‘Council’’ means the Federal Acquisition 
Regulatory Council established under section 1302(a) of this title. 
§ 1302. Establishment and membership 
(a) ESTABLISHMENT.—There is a Federal Acquisition Regulatory Council 
to assist in the direction and coordination of Government-wide procurement 
policy and Government-wide procurement regulatory activities in the Fed-
eral Government. 
(b) MEMBERSHIP.— 
(1) MAKEUP OF COUNCIL.—The Council consists of— 
(A) the Administrator; 
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