H. R. 1107—6 
(including computer software documentation) relating to sup-
plies procured by an agency; but 
(2) does not include computer software or financial, adminis-
trative, cost or pricing, or management data or other informa-
tion incidental to contract administration. 
SUBCHAPTER II—DIVISION B DEFINITIONS 
§ 131. Acquisition 
In division B, the term ‘‘acquisition’’— 
(1) means the process of acquiring, with appropriated 
amounts, by contract for purchase or lease, property or services 
(including construction) that support the missions and goals 
of an executive agency, from the point at which the require-
ments of the executive agency are established in consultation 
with the chief acquisition officer of the executive agency; and 
(2) includes— 
(A) the process of acquiring property or services that 
are already in existence, or that must be created, developed, 
demonstrated, 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 perform-
ance 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 proce-
dures under which an agency enters into a contract pursuant to 
full and open competition. 
§ 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
H. R. 1107—7 
of any principal organizational unit of the General Services 
Administration. 
§ 152. Competitive procedures 
In division C, the term ‘‘competitive procedures’’ means proce-
dures under which an executive agency enters into a contract pursu-
ant to full and open competition. The term also includes— 
(1) procurement of architectural or engineering services con-
ducted in accordance with chapter 11 of title 40; 
(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 Gen-
eral Services for the multiple awards schedule program of the 
General Services Administration if— 
(A) participation in the program has been open to all 
responsible 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 concerns that are entitled to submit offers for those 
procurements are permitted 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 sup-
port of humanitarian or peacekeeping operation 
(1) IN GENERAL.—In division C, the term ‘‘simplified acquisition 
threshold’’ 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 
peacekeeping operation’’ means a military operation in support 
of the provision of humanitarian or foreign disaster assistance 
or in support of a peacekeeping operation under chapter VI or 
VII of the Charter of the United Nations. The term does not include 
routine training, force rotation, or stationing. 
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. 
1123.
Small business concerns.
H. R. 1107—8 
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 engineering 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 
Policy are to— 
(1) provide overall direction of Government-wide procurement 
policies, regulations, procedures, and forms for executive agen-
cies; and 
(2) promote economy, efficiency, and effectiveness in the 
procurement 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 Procure-
ment 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 Procure-
ment Policy is the Administrator for Federal Procurement Policy. 
(b) APPOINTMENT.—The Administrator is appointed by the Presi-
dent, 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 development of procurement systems of the executive agen-
cies. 
(b) FEDERAL ACQUISITION REGULATION.—To the extent that the 
Administrator 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 prescribe Government-wide procurement 
policies. The policies shall be implemented in a single Government- 
wide procurement regulation called the Federal Acquisition Regula-
tion. 
(c) POLICIES TO BE FOLLOWED BY EXECUTIVE AGENCIES.— 
(1) AREAS
OF
PROCUREMENT
FOR
WHICH
POLICIES
ARE
TO 
BE
FOLLOWED.—The policies implemented in the Federal 
Acquisition Regulation 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 property.
H. R. 1107—9 
(2) PROCEDURES TO ENSURE COMPLIANCE.—The Administrator 
shall establish procedures to ensure compliance with the Fed-
eral Acquisition Regulation by all executive agencies. 
(3) APPLICATION OF OTHER LAWS.—The authority of an execu-
tive 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 Department 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 manner, including regulations, 
procedures, and forms necessary to implement prescribed policy 
the Administrator initiates under subsection (b), the Administrator, 
with due regard for applicable laws and the program activities 
of the executive agencies and consistent with the policies and func-
tions set forth in this division, 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 Office of Management and Budget, and with consultation 
with the head of the agency concerned, may deny the promulgation 
of or rescind any Government-wide regulation or final rule or regula-
tion of any executive agency relating to procurement if the Adminis-
trator determines that the rule or regulation is inconsistent with 
any policies, regulations, or procedures issued pursuant to sub-
section (b). 
(f) LIMITATION ON AUTHORITY.—The authority of the Adminis-
trator 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 construction, 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 procure-
ment contracts. 
§ 1122. Functions 
(a) IN GENERAL.—The functions of the Administrator include— 
(1) providing leadership and ensuring action by the executive 
agencies in establishing, developing, and maintaining the single 
system of simplified Government-wide procurement regulations 
and resolving differences among the executive agencies in devel-
oping simplified Government-wide procurement regulations, 
procedures, and forms; 
(2) coordinating the development of Government-wide 
procurement system standards that executive agencies shall 
implement in their procurement systems; 
(3) providing leadership and coordination in formulating the 
executive branch position on legislation relating to procure-
ment; 
(4)(A) providing for and directing the activities of the com-
puter-based Federal Procurement Data System (including rec-
ommending to the Administrator of General Services a suffi-
cient budget for those activities), which shall be located in