(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 part, and with due regard for applicable laws and the pro-
gram activities of the executive agencies, the Administrator may prescribe 
Government-wide procurement policies. The policies shall be implemented in 
a single Government-wide procurement regulation called the Federal Acqui-
sition Regulation. 
(c) POLICIES TO BE FOLLOWED BY EXECUTIVE AGENCIES.— 
(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 
2304 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 
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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 part, shall prescribe Government-wide regulations, procedures, 
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 part 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 
(2) interfere with the determination by executive agencies of specific 
actions in the award or administration of procurement contracts. 
§ 1122. Functions 
(a) IN GENERAL.—The functions of the Administrator include— 
(1) providing leadership and ensuring action by the executive agen-
cies in establishing, developing, and maintaining the single system of 
simplified Government-wide procurement regulations and resolving dif-
ferences among the executive agencies in developing simplified Govern-
ment-wide procurement regulations, procedures, and forms; 
(2) coordinating the development of Government-wide procurement 
system standards that executive agencies shall implement in their pro-
curement systems; 
(3) providing leadership and coordination in formulating the execu-
tive 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 those ac-
tivities), which shall be located in the General Services Administration, 
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in order to adequately collect, develop, and disseminate procurement 
data; and 
(B) ensuring executive agency compliance with the record require-
ments of section 1710 of this title; 
(5) providing for and directing the activities of the Federal Acquisi-
tion Institute (including recommending to the Administrator of General 
Services a sufficient budget for those activities), which shall be located 
in the General Services Administration, in order to— 
(A) foster and promote the development of a professional acqui-
sition 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, from the heads of executive 
agencies, and, through periodic surveys, from individual employees; 
(D) periodically analyze acquisition career fields to identify crit-
ical competencies, duties, tasks, and related academic pre-
requisites, 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 train-
ing facilities; 
(G) evaluate the effectiveness of training and career develop-
ment programs for acquisition personnel; 
(H) promote the establishment and utilization of academic pro-
grams 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 section 1703(a) to (i) of this title; 
(7) establishing criteria and procedures to ensure the effective and 
timely solicitation of the viewpoints of interested parties in the develop-
ment of procurement policies, regulations, procedures, and forms; 
(8) developing standard contract forms and contract language in 
order to reduce the Federal Government’s cost of procuring property 
and services and the private sector’s cost of doing business with the 
Federal Government; 
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(9) providing for a Government-wide award to recognize and promote 
vendor excellence; 
(10) providing for a Government-wide award to recognize and pro-
mote 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 3(p) 
of the Small Business Act (15 U.S.C. 632(p))), 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 thresh-
old; 
(12) developing policies that will promote achievement of goals for 
participation by small businesses, small business concerns owned and 
controlled by service-disabled veterans, qualified HUBZone small busi-
ness concerns (as defined in section 3(p) of the Small Business Act (15 
U.S.C. 632(p))), 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. 
(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 part 
shall be assigned, delegated, or transferred to the Administrator. 
(2) BY ADMINISTRATOR.— 
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(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 part. 
(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 part (other 
than the authority to provide overall direction of Federal procure-
ment 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. 
§ 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. 
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(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 Government Reform of the House 
of Representatives and the Committee on Homeland Security and Govern-
mental Affairs of the Senate and request that the Committees take the nec-
essary action to provide that the provision of law does not apply with re-
spect to the proposed program. The notification to Congress shall include— 
(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 
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. 
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§ 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: 
(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-
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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— 
(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. 
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§ 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-
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-
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