dreamproit/uscode huggingface dataset:
41 U.S.C. § 1101 (PUBLIC CONTRACTS)
§ 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 agencies; 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 Procurement Policy to carry out the responsibilities of the Office for that fiscal year.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3684.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1101(a), (b)
41:404(a).
Pub. L. 93–400, § (5)(a), Aug. 30, 1974, 88 Stat. 797; Pub. L. 104–106, title XLIII, § 4305(a)(1), Feb. 10, 1996, 110 Stat. 665.
1101(c)
41:410.
Pub. L. 93–400, § 11, Aug. 30, 1974, 88 Stat. 799; Pub. L. 96–83, § 7, Oct. 10, 1979, 93 Stat 651; Pub. L. 98–191, § 6, Dec. 1, 1983, 97 Stat 1329; Pub. L. 100–679, § 3(b), Nov. 17, 1988, 102 Stat 4056; Pub. L. 104–106, title XLIII, § 4305(c)(2), Feb. 10, 1996, 110 Stat. 665.
heading: Statutory Notes and Related Subsidiaries
heading: Requirements for Use of Appropriations by Executive Agencies for Services by Contract
text: Pub. L. 102–394, title V, § 502, Oct. 6, 1992, 106 Stat. 1825, provided that: “No part of any appropriation contained in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be expended by an executive agency, as referred to in the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 401 et seq.) [see this division (except sections 1123, 2303, 2304, and 2313)], pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with such Act and regulations promulgated thereunder.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–170, title V, § 502, Nov. 26, 1991, 105 Stat. 1140.
Pub. L. 101–517, title V, § 502, Nov. 5, 1990, 104 Stat. 2221.
Pub. L. 101–166, title V, § 502, Nov. 21, 1989, 103 Stat. 1189.
Pub. L. 100–202, § 101(h) [title V, § 502], Dec. 22, 1987, 101 Stat. 1329–256, 1329–287.
Pub. L. 99–500, § 101(i) [H.R. 5233, title V, § 502], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title V, § 502], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title V, § 502, Dec. 12, 1985, 99 Stat. 1132.
Pub. L. 98–619, title V, § 502, Nov. 8, 1984, 98 Stat. 3332.
Pub. L. 98–139, title V, § 502, Oct. 31, 1983, 97 Stat. 899.
Pub. L. 97–377, title I, § 101(e)(1) [title V, § 502], Dec. 21, 1982, 96 Stat. 1878, 1904.
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 and Sustainment;
(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; Pub. L. 116–92, div. A, title IX, § 902(89), Dec. 20, 2019, 133 Stat. 1554.)
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).
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (b)(3). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
41 U.S.C. § 1324 (PUBLIC CONTRACTS)
§ 1324. Strategic plan
(a) In General.—
Not later than 180 days after the date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, the Council shall develop a strategic plan for addressing supply chain risks posed by the acquisition of covered articles and for managing such risks that includes—
(1) the criteria and processes required under section 1323(a) of this title, including a threshold and requirements for sharing relevant information about such risks with all executive agencies and, as appropriate, with other Federal entities and non-Federal entities;
(2) an identification of existing authorities for addressing such risks;
(3) an identification and promulgation of best practices and procedures and available resources for executive agencies to assess and mitigate such risks;
(4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks;
(5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for supply chain risk management by the private sector;
(6) an evaluation of the effect of implementing new policies or procedures on existing contracts and the procurement process;
(7) a plan for engaging with executive agencies, the private sector, and other nongovernmental stakeholders to address such risks;
(8) a plan for identification, assessment, mitigation, and vetting of supply chain risks from existing and prospective information and communications technology made available by executive agencies to other executive agencies through common contract solutions, shared services, acquisition vehicles, or other assisted acquisition services; and
(9) plans to strengthen the capacity of all executive agencies to conduct assessments of—
(A) the supply chain risk posed by the acquisition of covered articles; and
(B) compliance with the requirements of this subchapter.
(b) Submission to Congress.—
Not later than 7 calendar days after completion of the strategic plan required by subsection (a), the Chairperson of the Council shall submit the plan to the appropriate congressional committees and leadership.
(Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5184.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–390, which was approved Dec. 21, 2018.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 90 days after Dec. 21, 2018, and applicable to contracts that are awarded before, on, or after that date, see section 202(c) of Pub. L. 115–390, set out as a note under section 1321 of this title.
Title II of Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390, set out as a note under section 1321 of this title.
41 U.S.C. § 1325 (PUBLIC CONTRACTS)
§ 1325. Annual report
Not later than December 31 of each year, the Chairperson of the Council shall submit to the appropriate congressional committees and leadership a report on the activities of the Council during the preceding 12-month period.
(Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5184.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 90 days after Dec. 21, 2018, and applicable to contracts that are awarded before, on, or after that date, see section 202(c) of Pub. L. 115–390, set out as a note under section 1321 of this title.
Title II of Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390, set out as a note under section 1321 of this title.
41 U.S.C. § 1328 (PUBLIC CONTRACTS)
§ 1328. Termination
This subchapter shall terminate on the date that is 5 years after the date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018.
(Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5188.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, referred to in text, is the date of enactment of Pub. L. 115–390, which was approved Dec. 21, 2018.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 90 days after Dec. 21, 2018, and applicable to contracts that are awarded before, on, or after that date, see section 202(c) of Pub. L. 115–390, set out as a note under section 1321 of this title.
Title II of Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390, set out as a note under section 1321 of this title.
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
(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).
heading: Editorial Notes
heading: References in Text
text: Section 719 of the Defense Production Act of 1950, referred to in subsec. (a), is section 719 of act Sept. 8, 1950, ch. 932, title VII, as added Pub. L. 91–379, title I, § 103, Aug. 15, 1970, 84 Stat. 796, which was classified to section 2168 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 100–679, § 5(b), Nov. 17, 1988, 102 Stat. 4063.
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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 31(b) of the Small Business Act.
(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; Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(F)(ii), Dec. 12, 2017, 131 Stat. 1796.)
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: Editorial Notes
heading: References in Text
text: Section 31(b) of the Small Business Act, referred to in subsec. (a)(1), is classified to section 657a(b) of Title 15, Commerce and Trade.
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.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91 substituted “section 31(b) of the Small Business Act” for “section 3(p) of the Small Business Act (15 U.S.C. 632(p))”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–91 effective Jan. 1, 2020, see section 1701(j) of Pub. L. 115–91, set out as a note under section 657a of Title 15, Commerce and Trade.
41 U.S.C. § 2309 (PUBLIC CONTRACTS)
§ 2309. Protection of constitutional rights of contractors
(a) Prohibition on Requiring Waiver of Rights.—
A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive a right under the Constitution for a purpose relating to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in section 3 of that Act (22 U.S.C. 6701)).
(b) Permissible Contract Clauses.—
Subsection (a) does not prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections to ensure that the contractor is performing the contract in accordance with the provisions of the contract.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3738.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2309
41:436.
Pub. L. 93–400, § 40, formerly § 39, as added Pub. L. 105–277, title III, § 308(a), Oct. 21, 1998, 112 Stat. 2681–879; renumbered § 40, Pub. L. 108–136, title XIV, § 1431(d)(2), Nov. 24, 2003, 117 Stat. 1672.
In subsection (a), the reference is to the Chemical Weapons Convention Implementation Act of 1998 rather than the Chemical Weapons Convention Implementation Act of 1997 to correct an error in the source provision.
heading: Editorial Notes
heading: References in Text
text: The Chemical Weapons Convention Implementation Act of 1998, referred to in subsec. (a), is Pub. L. 105–277, div. I, Oct. 21, 1998, 112 Stat. 2681–856, which is classified principally to chapter 75 (§ 6701 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 6701 of Title 22 and Tables.
41 U.S.C. § 2311 (PUBLIC CONTRACTS)
§ 2311. Enhanced transparency on interagency contracting and other transactions
The Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate the collection of complete, timely, and reliable data on interagency contracting actions and on transactions other than contracts, grants, and cooperative agreements issued pursuant to section 2371 of title 10 or similar authorities. The Director of the Office of Management and Budget shall ensure that data, consistent with what is collected for contract actions, is obtained on—
(1) interagency contracting actions, including data at the task or delivery-order level; and
(2) other transactions, including the initial award and any subsequent modifications awarded or orders issued (other than transactions that are reported through the Federal Assistance Awards Data System).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3739.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2311
41:405 note.
Pub. L. 110–417, [div. A], title VIII, § 874(a), Oct. 14, 2008, 122 Stat. 4558.
In the first sentence, the words “Not later than one year after the date of enactment of this Act” are omitted because of section 6(f) of the bill.
heading: Statutory Notes and Related Subsidiaries
heading: Deadline for Revisions in Federal Procurement Data System or Successor System
text: Pub. L. 111–350, § 6(f)(2), Jan. 4, 2011, 124 Stat. 3855, provided that: “The requirement in section 2311 of title 41, United States Code, to direct appropriate revisions in the Federal Procurement Data System or any successor system shall be done not later than one year after October 14, 2008.”
41 U.S.C. § 3312 (PUBLIC CONTRACTS)
§ 3312. Database on price trends of items and services under Federal contracts
(a) Database Required.—
The Administrator shall establish and maintain a database of information on price trends for items and services under contracts with the Federal Government. The information in the database shall be designed to assist Federal acquisition officials in the following:
(1) Monitoring developments in price trends for items and services under contracts with the Federal Government.
(2) Conducting price or cost analyses for items and services under offers for contracts with the Federal Government, or otherwise conducting determinations of the reasonableness of prices for items and services under such offers, and addressing unjustified escalation in prices being paid by the Federal Government for items and services under contracts with the Federal Government.
(b) Use.—
(1) The database under subsection (a) shall be available to executive agencies in the evaluation of offers for contracts with the Federal Government for items and services.
(2) The Secretary of Defense may satisfy the requirements of this section by complying with the requirements of section 892 1 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2306a note).
(Added Pub. L. 112–239, div. A, title VIII, § 851(a)(1), Jan. 2, 2013, 126 Stat. 1855.)
heading: Editorial Notes
heading: References in Text
text: Section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, referred to in subsec. (b)(2), is section 892 of Pub. L. 111–383, which was formerly set out as a note under section 2306a of Title 10, Armed Forces, prior to repeal by Pub. L. 114–92, div. A, title X, § 1073(f), Nov. 25, 2015, 129 Stat. 996.
heading: Statutory Notes and Related Subsidiaries
heading: Use of Elements of Department of Defense Pilot Project
text: Pub. L. 112–239, div. A, title VIII, § 851(b), Jan. 2, 2013, 126 Stat. 1855, provided that: “In establishing the database required by section 3312 of title 41, United States Code (as added by subsection (a)), the Administrator for Federal Procurement Policy shall use and incorporate appropriate elements of the pilot project on pricing being carried out by the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 [Pub. L. 111–383] (10 U.S.C. 2306a note) and the Better Buying Power initiative of the Secretary of Defense.”