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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.— 
(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; 
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(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 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 
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(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: 
(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 
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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— 
(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. 
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