HR 1107 RFS 
(A) the process of acquiring property or services that are al-
ready in existence, or that must be created, developed, dem-
onstrated, and evaluated; 
(B) the description of requirements to satisfy agency needs; 
(C) solicitation and selection of sources; 
(D) award of contracts; 
(E) contract performance; 
(F) contract financing; 
(G) management and measurement of contract performance 
through final delivery and payment; and 
(H) technical and management functions directly related to the 
process of fulfilling agency requirements by contract. 
§ 132. Competitive procedures 
In division B, the term ‘‘competitive procedures’’ means procedures under 
which an agency enters into a contract pursuant to full and open competi-
tion. 
§ 133. Executive agency 
In division B, the term ‘‘executive agency’’ means— 
(1) an executive department specified in section 101 of title 5; 
(2) a military department specified in section 102 of title 5; 
(3) an independent establishment as defined in section 104(1) of title 
5; and 
(4) a wholly owned Government corporation fully subject to chapter 
91 of title 31. 
§ 134. Simplified acquisition threshold 
In division B, the term ‘‘simplified acquisition threshold’’ means 
$100,000. 
SUBCHAPTER III—DIVISION C DEFINITIONS 
§ 151. Agency head 
In division C, the term ‘‘agency head’’ means the head or any assistant 
head of an executive agency, and may at the option of the Administrator 
of General Services include the chief official of any principal organizational 
unit of the General Services Administration. 
§ 152. Competitive procedures 
In division C, the term ‘‘competitive procedures’’ means procedures under 
which an executive agency enters into a contract pursuant to full and open 
competition. The term also includes— 
(1) procurement of architectural or engineering services conducted in 
accordance with chapter 11 of title 40; 
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(2) the competitive selection of basic research proposals resulting 
from a general solicitation and the peer review or scientific review (as 
appropriate) of those proposals; 
(3) the procedures established by the Administrator of General Serv-
ices for the multiple awards schedule program of the General Services 
Administration if— 
(A) participation in the program has been open to all respon-
sible sources; and 
(B) orders and contracts under those procedures result in the 
lowest overall cost alternative to meet the needs of the Federal 
Government; 
(4) procurements conducted in furtherance of section 15 of the Small 
Business Act (15 U.S.C. 644) as long as all responsible business con-
cerns that are entitled to submit offers for those procurements are per-
mitted to compete; and 
(5) a competitive selection of research proposals resulting from a 
general solicitation and peer review or scientific review (as appropriate) 
solicited pursuant to section 9 of that Act (15 U.S.C. 638). 
§ 153. Simplified acquisition threshold for contract in 
suppport of humanitarian or peacekeeping oper-
ation 
(1) IN GENERAL.—In division C, the term ‘‘simplified acquisition thresh-
old’’ has the meaning provided that term in section 134 of this title, except 
that, in the case of a contract to be awarded and performed, or purchase 
to be made, outside the United States in support of a humanitarian or 
peacekeeping operation, the term means an amount equal to two times the 
amount specified for that term in section 134 of this title. 
(2) DEFINITION.—In paragraph (1), the term ‘‘humanitarian or peace-
keeping operation’’ means a military operation in support of the provision 
of humanitarian or foreign disaster assistance or in support of a peace-
keeping operation under chapter VI or VII of the Charter of the United Na-
tions. The term does not include routine training, force rotation, or sta-
tioning. 
DIVISION B—OFFICE OF FEDERAL PROCUREMENT POLICY 
CHAPTER 11—ESTABLISHMENT OF OFFICE AND 
AUTHORITY AND FUNCTIONS OF ADMINISTRATOR 
SUBCHAPTER I—GENERAL 
Sec. 
1101.
Office of Federal Procurement Policy. 
1102.
Administrator. 
SUBCHAPTER II—AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR 
1121.
General authority. 
1122.
Functions. 
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1123.
Small business concerns. 
1124.
Tests of innovative procurement methods and procedures. 
1125.
Recipients of Federal grants or assistance. 
1126.
Policy regarding consideration of contractor past performance. 
1127.
Determining benchmark compensation amount. 
1128.
Maintaining necessary capability with respect to acquisition of architectural and engi-
neering services. 
1129.
Center of excellence in contracting for services. 
1130.
Effect of division on other law. 
1131.
Annual report. 
SUBCHAPTER I—GENERAL 
§ 1101. Office of Federal Procurement Policy 
(a) ORGANIZATION.—There is an Office of Federal Procurement Policy 
in the Office of Management and Budget. 
(b) PURPOSES.—The purposes of the Office of Federal Procurement Pol-
icy are to— 
(1) provide overall direction of Government-wide procurement poli-
cies, regulations, procedures, and forms for executive agencies; and 
(2) promote economy, efficiency, and effectiveness in the procure-
ment of property and services by the executive branch of the Federal 
Government. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be 
appropriated each fiscal year for the Office of Federal Procurement Policy 
to carry out the responsibilities of the Office for that fiscal year. 
§ 1102. Administrator 
(a) HEAD OF OFFICE.—The head of the Office of Federal Procurement 
Policy is the Administrator for Federal Procurement Policy. 
(b) APPOINTMENT.—The Administrator is appointed by the President, by 
and with the advice and consent of the Senate. 
SUBCHAPTER II—AUTHORITY AND FUNCTIONS OF THE 
ADMINISTRATOR 
§ 1121. General authority 
(a) OVERALL DIRECTION AND LEADERSHIP.—The Administrator shall 
provide overall direction of procurement policy and leadership in the devel-
opment of procurement systems of the executive agencies. 
(b) FEDERAL ACQUISITION REGULATION.—To the extent that the Ad-
ministrator considers appropriate in carrying out the policies and functions 
set forth in this division, and with due regard for applicable laws and the 
program activities of the executive agencies, the Administrator may pre-
scribe Government-wide procurement policies. The policies shall be imple-
mented in a single Government-wide procurement regulation called the Fed-
eral Acquisition Regulation. 
(c) POLICIES TO BE FOLLOWED BY EXECUTIVE AGENCIES.— 
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(1) AREAS OF PROCUREMENT FOR WHICH POLICIES ARE TO BE FOL-
LOWED.—The policies implemented in the Federal Acquisition Regula-
tion shall be followed by executive agencies in the procurement of— 
(A) property other than real property in being; 
(B) services, including research and development; and 
(C) construction, alteration, repair, or maintenance of real prop-
erty. 
(2) PROCEDURES
TO
ENSURE
COMPLIANCE.—The Administrator 
shall establish procedures to ensure compliance with the Federal Acqui-
sition Regulation by all executive agencies. 
(3) APPLICATION OF OTHER LAWS.—The authority of an executive 
agency under another law to prescribe policies, regulations, procedures, 
and forms for procurement is subject to the authority conferred in this 
section and sections 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 
2305 of this title. 
(d) WHEN CERTAIN AGENCIES ARE UNABLE TO AGREE OR FAIL TO 
ACT.—In any instance in which the Administrator determines that the De-
partment 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 man-
ner, including regulations, procedures, and forms necessary to implement 
prescribed policy the Administrator initiates under subsection (b), the Ad-
ministrator, with due regard for applicable laws and the program activities 
of the executive agencies and consistent with the policies and functions set 
forth in this division, shall prescribe Government-wide regulations, proce-
dures, and forms which executive agencies shall follow in procuring items 
listed in subsection (c)(1). 
(e) OVERSIGHT
OF PROCUREMENT REGULATIONS
OF OTHER AGEN-
CIES.—The Administrator, with the concurrence of the Director of the Of-
fice of Management and Budget, and with consultation with the head of the 
agency concerned, may deny the promulgation of or rescind any Govern-
ment-wide regulation or final rule or regulation of any executive agency re-
lating to procurement if the Administrator determines that the rule or regu-
lation is inconsistent with any policies, regulations, or procedures issued 
pursuant to subsection (b). 
(f) LIMITATION ON AUTHORITY.—The authority of the Administrator 
under this division 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 con-
struction, including particular specifications for the property, services, 
or construction; or 
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