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§ 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 part on other law 
This part does not impair or affect the authorities or responsibilities re-
lating to the procurement of real property conferred by part C of this sub-
title 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; 
(B) the Secretary of Defense; 
(C) the Administrator of National Aeronautics and Space; and 
(D) the Administrator of General Services. 
(2) DESIGNATION OF OTHER OFFICIALS.— 
(A) OFFICIALS WHO MAY BE DESIGNATED.—Notwithstanding 
section 121(d)(1) and (2) of title 40, the officials specified in sub-
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paragraphs (B) to (D) of paragraph (1) may designate to serve 
on and attend meetings of the Council in place of that official— 
(i) 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 orga-
nizational level not lower than an Assistant Secretary of De-
fense within the Office of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics; or 
(ii) if no official of that agency is assigned by statute with 
the responsibility for acquisition policy for that agency, the 
official designated pursuant to section 1702(c) of this title. 
(B) LIMITATION ON DESIGNATION.—No other official or em-
ployee may be designated to serve on the Council. 
§ 1303. Functions and authority 
(a) FUNCTIONS.— 
(1) ISSUE AND MAINTAIN FEDERAL ACQUISITION REGULATION.— 
Subject to sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, 
and 2304 of this title, the Administrator of General Services, the Sec-
retary of Defense, and the Administrator of National Aeronautics and 
Space, pursuant to their respective authorities under part C of this 
subtitle, 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 (d) a single Government-wide 
procurement regulation, to be known as the Federal Acquisition Regu-
lation. 
(2) LIMITATION ON OTHER REGULATIONS.—Other regulations relat-
ing 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) ENSURE
CONSISTENT
REGULATIONS.—The Administrator, in 
consultation with the Council, shall ensure that procurement regula-
tions prescribed by executive agencies are consistent with the Federal 
Acquisition Regulation and in accordance with the policies prescribed 
pursuant to section 1121(b) of this title. 
(4) REQUEST TO REVIEW REGULATION.— 
(A) BASIS FOR REQUEST.—Under procedures the Administrator 
establishes, a person may request the Administrator to review a 
regulation relating to procurement on the basis that the regulation 
is inconsistent with the Federal Acquisition Regulation. 
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(B) PERIOD OF REVIEW.—Unless the request is frivolous or 
does not, on its face, state a valid basis for the review, the Admin-
istrator shall complete the review not later than 60 days after re-
ceiving 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) WHEN REGULATION IS INCONSISTENT OR NEEDS TO BE IM-
PROVED.—If the Administrator determines that a regulation relating to 
procurement is inconsistent with the Federal Acquisition Regulation or 
that the regulation otherwise should be revised to remove an inconsist-
ency with the policies prescribed under section 1121(b) of this title, the 
Administrator shall rescind or deny the promulgation of the regulation 
or take other action authorized under sections 1121, 1122(a) to (c)(1), 
1125, 1126, 1130, 1131, and 2304 of this title as may be necessary 
to remove the inconsistency. If the Administrator determines that the 
regulation, although not inconsistent with the Federal Acquisition Reg-
ulation or those policies, should be revised to improve compliance with 
the Regulation or policies, the Administrator shall take action author-
ized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, 
and 2304 as may be necessary and appropriate. 
(6) DECISIONS TO BE IN WRITING AND PUBLICLY AVAILABLE.—The 
decisions of the Administrator shall be in writing and made publicly 
available. 
(b) ADDITIONAL RESPONSIBILITIES OF MEMBERSHIP.— 
(1) IN GENERAL.—Subject to the authority, direction, and control of 
the head of the agency concerned, each official who represents an agen-
cy on the Council pursuant to section 1302(b) of this title shall— 
(A) approve or disapprove all regulations relating to procure-
ment that are proposed for public comment, prescribed in final 
form, or otherwise made effective by that agency before the regula-
tion may be prescribed in final form, or otherwise made effective, 
except that the official may grant an interim approval, without re-
view, for not more than 60 days for a procurement regulation in 
urgent and compelling circumstances; 
(B) carry out the responsibilities of that agency set forth in 
chapter 35 of title 44 for each information collection request that 
relates to procurement rules or regulations; and 
(C) eliminate or reduce— 
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(i) any redundant or unnecessary levels of review and ap-
proval in the procurement system of that agency; and 
(ii) redundant or unnecessary procurement regulations 
which are unique to that agency. 
(2) LIMITATION ON DELEGATION.—The authority to review and ap-
prove or disapprove regulations under paragraph (1)(A) may not be 
delegated to an individual outside the office of the official who rep-
resents the agency on the Council pursuant to section 1302(b) of this 
title. 
(c) GOVERNING POLICIES.—All actions of the Council and of members of 
the Council shall be in accordance with and furtherance of the policies pre-
scribed under section 1121(b) of this title. 
(d) GENERAL AUTHORITY WITH RESPECT TO FEDERAL ACQUISITION 
REGULATION.—Subject to section 1121(d) of this title, the Council shall 
manage, coordinate, control, and monitor the maintenance of, issuance of, 
and changes in, the Federal Acquisition Regulation. 
§ 1304. Contract clauses and certifications 
(a) REPETITIVE NONSTANDARD CONTRACT CLAUSES DISCOURAGED.— 
The Council shall prescribe regulations to discourage the use of a non-
standard 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 con-
tracting officer. 
(b) WHEN CERTIFICATION REQUIRED.— 
(1) BY LAW.—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 spe-
cifically provides that such a certification shall be required. 
(2) IN FEDERAL ACQUISITION REGULATION.—A requirement for a 
certification by a contractor or offeror may not be included in the Fed-
eral Acquisition Regulation unless— 
(A) the certification requirement is specifically imposed by stat-
ute; or 
(B) written justification for the certification requirement is pro-
vided to the Administrator by the Council and the Administrator 
approves in writing the inclusion of the certification requirement. 
(3) EXECUTIVE AGENCY PROCUREMENT REGULATION.— 
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