dreamproit/uscode huggingface dataset:
41 U.S.C. § 1128 (PUBLIC CONTRACTS)
§ 1128. Maintaining necessary capability with respect to acquisition of architectural and engineering services
The Administrator, in consultation with the Secretary of Defense, the Administrator 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 acquisition 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1128
41:433 note.
Pub. L. 108–136, title XIV, § 1414, Nov. 24, 2003, 117 Stat. 1666.
41 U.S.C. § 1129 (PUBLIC CONTRACTS)
§ 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1129
41:405 note.
Pub. L. 108–136, title XIV, § 1431(b), Nov. 24, 2003, 117 Stat. 1671.
The words “Not later than 180 days after the date of the enactment of this Act” are omitted, and the word “maintain” is substituted for “establish”, to eliminate obsolete words.
41 U.S.C. § 1130 (PUBLIC CONTRACTS)
§ 1130. Effect of division on other law
This division does not impair or affect the authorities or responsibilities relating to the procurement of real property conferred by division C of this subtitle and chapters 1 to 11 of title 40.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1130
41:405(h)(1).
Pub. L. 93–400, § 6(h)(1), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, § 4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, § 5, Dec. 1, 1983, 97 Stat. 1328; Pub. L. 104–106, title LVI, § 5607(d), Feb. 10, 1996, 110 Stat. 702.
41 U.S.C. § 1131 (PUBLIC CONTRACTS)
§ 1131. Annual report
The Administrator annually shall submit to Congress an assessment of the progress made in executive agencies in implementing the policy regarding 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1131
41:405(k).
Pub. L. 93–400, § 6(k), as added Pub. L. 103–355, title V, § 5051(b), Oct. 13, 1994, 108 Stat. 3351; Pub. L. 105–85, title VIII, § 851(b), Nov. 18, 1997, 111 Stat. 1851.
41 U.S.C. § 1301 (PUBLIC CONTRACTS)
§ 1301. Definition
In this subchapter, the term “Council” means the Federal Acquisition Regulatory Council established under section 1302(a) of this title.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3691.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1301
41:403(17).
Pub. L. 93–400, § 4(17), as added Pub. L. 108–375, title VIII, § 807(b), Oct. 28, 2004, 118 Stat. 2011.
41 U.S.C. § 1311 (PUBLIC CONTRACTS)
§ 1311. Establishment and membership
(a) Establishment.—
There is in the executive branch a Chief Acquisition Officers Council.
(b) Membership.—
The members of the Council are—
(1) the Deputy Director for Management of the Office of Management and Budget;
(2) the Administrator;
(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics;
(4) the chief acquisition officer of each executive agency that is required to have a chief acquisition officer under section 1702 of this title and the senior procurement executive of each military department; and
(5) any other senior agency officer of each executive agency, appointed by the head of the agency in consultation with the Chairman of the Council, who can effectively assist the Council in performing the functions set forth in section 1312(b) of this title and supporting the associated range of acquisition activities.
(c) Leadership and Support.—
(1) Chairman.—
The Deputy Director for Management of the Office of Management and Budget is the Chairman of the Council.
(2) Vice chairman.—
The Vice Chairman of the Council shall be selected by the Council from among its members. The Vice Chairman serves for one year and may serve multiple terms.
(3) Leader of activities.—
The Administrator shall lead the activities of the Council on behalf of the Deputy Director for Management.
(4) Support.—
The Administrator of General Services shall provide administrative and other support for the Council.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3694.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1311(a)
41:414b(a).
Pub. L. 93–400, § 16A(a)–(c), as added Pub. L. 108–136, title XIV, § 1422(a), Nov. 24, 2003, 117 Stat. 1668.
1311(b)
41:414b(b)(1) (words before comma), (2)–(5).
1311(c)(1)
41:414b(b)(1) (words after comma).
1311(c)(2)
41:414b(c)(2).
1311(c)(3)
41:414b(c)(1).
1311(c)(4)
41:414b(c)(3).
41 U.S.C. § 1312 (PUBLIC CONTRACTS)
§ 1312. Functions
(a) Principal Forum.—
The Chief Acquisition Officers Council is the principal interagency forum for monitoring and improving the Federal acquisition system.
(b) Functions.—
The Council shall perform functions that include the following:
(1) Develop recommendations for the Director of the Office of Management and Budget on Federal acquisition policies and requirements.
(2) Share experiences, ideas, best practices, and innovative approaches related to Federal acquisition.
(3) Assist the Administrator in the identification, development, and coordination of multiagency projects and other innovative initiatives to improve Federal acquisition.
(4) Promote effective business practices that ensure the timely delivery of best value products to the Federal Government and achieve appropriate public policy objectives.
(5) Further integrity, fairness, competition, openness, and efficiency in the Federal acquisition system.
(6) Work with the Office of Personnel Management to assess and address the hiring, training, and professional development needs of the Federal Government related to acquisition.
(7) Work with the Administrator and the Federal Acquisition Regulatory Council to promote the business practices referred to in paragraph (4) and other results of the functions carried out under this subsection.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3694.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1312(a)
41:414b(d).
Pub. L. 93–400, § 16A(d), (e), as added Pub. L. 108–136, title XIV, § 1422(a), Nov. 24, 2003, 117 Stat. 1668.
1312(b)
41:414b(e).
41 U.S.C. § 1503 (PUBLIC CONTRACTS)
§ 1503. Contract price adjustment
(a) Disagreement Constitutes a Dispute.—
If the Federal Government and a contractor or subcontractor fail to agree on a contract price adjustment, including whether the contractor or subcontractor has complied with the applicable cost accounting standards, the disagreement will constitute a dispute under chapter 71 of this title.
(b) Amount of Adjustment.—
A contract price adjustment undertaken under section 1502(f)(2) of this title shall be made, where applicable, on relevant contracts between the Federal Government and the contractor that are subject to the cost accounting standards so as to protect the Federal Government from payment, in the aggregate, of increased costs, as defined by the Cost Accounting Standards Board. The Federal Government may not recover costs greater than the aggregate increased cost to the Federal Government, as defined by the Board, on the relevant contracts subject to the price adjustment unless the contractor made a change in its cost accounting practices of which it was aware or should have been aware at the time of the price negotiation and which it failed to disclose to the Federal Government.
(c) Interest.—
The interest rate applicable to a contract price adjustment is the annual rate of interest established under section 6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621) for the period. Interest accrues from the time payments of the increased costs were made to the contractor or subcontractor to the time the Federal Government receives full compensation for the price adjustment.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3699.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1503(a)
41:422(h)(2).
Pub. L. 93–400, § 26(h)(2)–(4), as added Pub. L. 100–679, § 5(a), Nov. 17, 1988, 102 Stat. 4062.
1503(b)
41:422(h)(3).
1503(c)
41:422(h)(4).
41 U.S.C. § 1504 (PUBLIC CONTRACTS)
§ 1504. Effect on other standards and regulations
(a) Previously Existing Standards.—
All cost accounting standards, waivers, exemptions, interpretations, modifications, rules, and regulations prescribed by the Cost Accounting Standards Board under section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168)—
(1) remain in effect until amended, superseded, or rescinded by the Board under this chapter; and
(2) are subject to the provisions of this division in the same manner as if prescribed by the Board under this division.
(b) Inconsistent Agency Regulations.—
To ensure that a regulation or proposed regulation of an executive agency is not inconsistent with a cost accounting standard prescribed or amended under this chapter, the Administrator, under the authority in sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, shall rescind or deny the promulgation of the inconsistent regulation or proposed regulation and take other appropriate action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305.
(c) Costs Not Subject to Different Standards.—
Costs that are the subject of cost accounting standards prescribed under this chapter are not subject to regulations established by another executive agency that differ from those standards with respect to the measurement, assignment, and allocation of those costs.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3699.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1504(a)
41:422(j)(1), (2).
Pub. L. 93–400, § 26(j), as added Pub. L. 100–679, § 5(a), Nov. 17, 1988, 102 Stat. 4062.
1504(b)
41:422(j)(3).
1504(c)
41:422(j)(4).
41 U.S.C. § 1505 (PUBLIC CONTRACTS)
§ 1505. Examinations
To determine whether a contractor or subcontractor has complied with cost accounting standards prescribed under this chapter and has followed consistently the contractor’s or subcontractor’s disclosed cost accounting practices, an authorized representative of the head of the agency concerned, of the offices of inspector general established under the Inspector General Act of 1978 (5 U.S.C. App.), or of the Comptroller General shall have the right to examine and copy documents, papers, or records of the contractor or subcontractor relating to compliance with the standards.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3700.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1505
41:422(k).
Pub. L. 93–400, § 26(k), as added Pub. L. 100–679, § 5(a), Nov. 17, 1988, 102 Stat. 4062.
heading: References in Text
text: The Inspector General Act of 1978, referred to in text, is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
41 U.S.C. § 1506 (PUBLIC CONTRACTS)
§ 1506. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3700.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1506
41:422(l).
Pub. L. 93–400, § 26(l), as added Pub. L. 100–679, § 5(a), Nov. 17, 1988, 102 Stat. 4063.
41 U.S.C. § 1706 (PUBLIC CONTRACTS)
§ 1706. Personnel evaluation
The head of each executive agency subject to division C shall ensure, with respect to the employees of that agency whose primary duties and responsibilities pertain to the award of contracts subject to the provisions of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066), that the performance appraisal system applicable to those employees affords appropriate recognition to, among other factors, efforts to—
(1) increase competition and achieve cost savings through the elimination of procedures that unnecessarily inhibit full and open competition;
(2) further the purposes of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066) and the Defense Procurement Reform Act of 1984 (Public Law 98–525, title XII, 98 Stat. 2588); and
(3) further other objectives and purposes of the Federal acquisition system authorized by law.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3710.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1706
41:414a.
Pub. L. 98–577, title V, § 502, Oct. 30, 1984, 98 Stat. 3085.
heading: References in Text
text: The Small Business and Federal Procurement Competition Enhancement Act of 1984, referred to in text, is Pub. L. 98–577, Oct. 30, 1984, 98 Stat. 3066. For complete classification of this Act to the Code, see Short Title of 1984 Act note set out under section 101 of this title and Tables.
The Defense Procurement Reform Act of 1984, referred to in par. (2), is Pub. L. 98–525, title XII, Oct. 19, 1984, 98 Stat. 2588. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 2302 of Title 10, Armed Forces, and Tables.
41 U.S.C. § 1711 (PUBLIC CONTRACTS)
§ 1711. Value engineering
Each executive agency shall establish and maintain cost-effective procedures and processes for analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply of the agency. The analysis shall be—
(1) performed by qualified agency or contractor personnel; and
(2) directed at improving performance, reliability, quality, safety, and life cycle costs.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3718.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1711
41:432.
Pub. L. 93–400, § 36, as added Pub. L. 104–106, title XLIII, § 4306(a), Feb. 10, 1996, 110 Stat. 665.
41 U.S.C. § 1712 (PUBLIC CONTRACTS)
§ 1712. Record requirements
(a) Maintaining Records on Computer.—
Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year.
(b) Contents.—
The record established under subsection (a) shall include, with respect to each procurement carried out using—
(1) competitive procedures—
(A) the date of contract award;
(B) information identifying the source to whom the contract was awarded;
(C) the property or services the Federal Government obtains under the procurement; and
(D) the total cost of the procurement; or
(2) procedures other than competitive procedures—
(A) the information described in paragraph (1);
(B) the reason under section 3304(a) of this title or section 2304(c) of title 10 for using the procedures; and
(C) the identity of the organization or activity that conducted the procurement.
(c) Separate Record Category for Procurements Resulting in One Bid or Proposal.—
Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”.
(d) Transmission and Data Entry of Information.—
The head of each executive agency shall—
(1) ensure the accuracy of the information included in the record established and maintained by the agency under subsection (a); and
(2) transmit in a timely manner such information to the General Services Administration for entry into the Federal Procurement Data System referred to in section 1122(a)(4) of this title, or any successor system.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3718.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1712
41:417.
Pub. L. 93–400, § 19, as added Pub. L. 98–369, title VII, § 2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title IV, § 4403, Oct. 13, 1994, 108 Stat. 3349; Pub. L. 110–417, title VIII, § 874(b), Oct. 14, 2008, 122 Stat. 4558.
41 U.S.C. § 1713 (PUBLIC CONTRACTS)
§ 1713. Procurement data
(a) Definitions.—
In this section:
(1) Qualified hubzone small business concern.—
The term “qualified HUBZone small business concern” has the meaning given that term in section 3(p) of the Small Business Act (15 U.S.C. 632(p)).
(2) Small business concern owned and controlled by socially and economically disadvantaged individuals.—
The term “small business concern owned and controlled by socially and economically disadvantaged individuals” has the meaning given that term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
(3) Small business concern owned and controlled by women.—
The term “small business concern owned and controlled by women” has the meaning given that term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and section 204 of the Women’s Business Ownership Act of 1988 (Public Law 100–533, 102 Stat. 2692).
(b) Reporting.—
Each Federal agency shall report to the Office of Federal Procurement Policy the number of qualified HUBZone small business concerns, the number of small businesses owned and controlled by women, and the number of small business concerns owned and controlled by socially and economically disadvantaged individuals, by gender, that are first time recipients of contracts from the agency. The Office shall take appropriate action to ascertain, for each fiscal year, the number of those small businesses that have newly entered the Federal market.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3719.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1713(a)
41:417a(b).
Pub. L. 100–533, title V, § 502, Oct. 25, 1988, 102 Stat. 2697; Pub. L. 105–135, title VI, § 604(f)(2), Dec. 2, 1997, 111 Stat. 2634.
1713(b)
41:417a(a).
In subsection (b), the words “socially and economically disadvantaged individuals” are substituted for “socially and economically disadvantaged businesses” for consistency with the term set out in subsection (a).
heading: References in Text
text: Section 204 of the Women’s Business Ownership Act of 1988, referred to in subsec. (a)(3), is section 204 of Pub. L. 100–533, which is set out as a note under section 637 of Title 15, Commerce and Trade.
41 U.S.C. § 1901 (PUBLIC CONTRACTS)
§ 1901. Simplified acquisition procedures
(a) When Procedures Are To Be Used.—
To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts—
(1) not greater than the simplified acquisition threshold; and
(2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.
(b) Prohibition on Dividing Purchases.—
A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts to use the simplified acquisition procedures required by subsection (a).
(c) Promotion of Competition Required.—
When using simplified acquisition procedures, the head of an executive agency shall promote competition to the maximum extent practicable.
(d) Consideration of Offers Timely Received.—
The simplified acquisition procedures contained in the Federal Acquisition Regulation shall include a requirement that a contracting officer consider each responsive offer timely received from an eligible offeror.
(e) Special Rules for Commercial Items.—
The Federal Acquisition Regulation shall provide that an executive agency using special simplified procedures to purchase commercial items—
(1) shall publish a notice in accordance with section 1708 of this title and, as provided in section 1708(c)(4) of this title, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) that the agency shall consider;
(2) may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with section 2304(f) of title 10 or section 3304(e) of this title, as applicable; and
(3) shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3719.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1901
41:427.
Pub. L. 93–400, § 31, as added Pub. L. 103–355, title IV, § 4201(a), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 104–106, title XLII, § 4202(c), title XLIII, § 4302(b), Feb. 10, 1996, 110 Stat. 653, 658, as amended Pub. L. 104–201, title X, § 1074(b)(6) (less effective date), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 105–85, title VIII, § 850(d), Nov. 18, 1997, 111 Stat. 1848.
Section 31(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(e)) is omitted as obsolete.
In subsection (e)(2), the reference to section 253 of this title is limited to section 3303(e) of the revised title for clarity.