To enact certain laws relating to public contracts as title 41, United States Code, "Public Contracts".
PL 111-350 (H.R.1107), enacted 01/04/2011

124 STAT. 3677 
PUBLIC LAW 111–350—JAN. 4, 2011 
Public Law 111–350 
111th Congress 
An Act 
To enact certain laws relating to public contracts as title 41, United States Code, 
‘‘Public Contracts’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1.
Table of contents. 
Sec. 2.
Purpose; conformity with original intent. 
Sec. 3.
Enactment of Title 41, United States Code. 
Sec. 4.
Conforming amendment. 
Sec. 5.
Conforming cross-references. 
Sec. 6.
Transitional and savings provisions. 
Sec. 7.
Repeals. 
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 
(a) PURPOSE.—The purpose of this Act is to enact certain laws 
relating to public contracts as title 41, United States Code, ‘‘Public 
Contracts’’. 
(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of 
laws by this Act, the intent is to conform to the understood policy, 
intent, and purpose of Congress in the original enactments, with 
such amendments and corrections as will remove ambiguities, con-
tradictions, and other imperfections, in accordance with section 
205(c)(1) of House Resolution No. 988, 93d Congress, as enacted 
into law by Public Law 93–554 (2 U.S.C. 285b(1)). 
SEC. 3. ENACTMENT OF TITLE 41, UNITED STATES CODE. 
Certain general and permanent laws of the United States, related 
to public contracts, are revised, codified, and enacted as title 41, 
United States Code, ‘‘Public Contracts’’, as follows: 
TITLE 41—PUBLIC CONTRACTS 
Subtitle 
Sec. 
I. FEDERAL PROCUREMENT POLICY ................................................
101 
II. OTHER ADVERTISING AND CONTRACT PROVISIONS .............
6101 
III. CONTRACT DISPUTES .........................................................................
7101 
IV. MISCELLANEOUS ..................................................................................
8101 
Subtitle I—Federal Procurement Policy 
DIVISION A—GENERAL 
Chapter 
Sec. 
1. Definitions .................................................................................................
101 
41 USC note 
prec. 101. 
41 USC note 
prec. 101. 
Jan. 4, 2011 
[H.R. 1107] 
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124 STAT. 3678 
PUBLIC LAW 111–350—JAN. 4, 2011 
DIVISION B—OFFICE OF FEDERAL PROCUREMENT POLICY 
11. Establishment of Office and Authority and Functions of Ad-
ministrator.
1101 
13. Acquisition Councils ..............................................................................
1301 
15. Cost Accounting Standards ..................................................................
1501 
17. Agency Responsibilities and Procedures ..........................................
1701 
19. Simplified Acquisition Procedures .....................................................
1901 
21. Restrictions on Obtaining and Disclosing Certain Information 2101 
23. Miscellaneous ...........................................................................................
2301 
DIVISION C—PROCUREMENT 
31. General .......................................................................................................
3101 
33. Planning and Solicitation .....................................................................
3301 
35. Truthful Cost or Pricing Data .............................................................
3501 
37. Awarding of Contracts ...........................................................................
3701 
39. Specific Types of Contracts ..................................................................
3901 
41. Task and Delivery Order Contracts ...................................................
4101 
43. Allowable Costs ........................................................................................
4301 
45. Contract Financing .................................................................................
4501 
47. Miscellaneous ...........................................................................................
4701 
DIVISION A—GENERAL 
CHAPTER 1—DEFINITIONS 
SUBCHAPTER I—SUBTITLE DEFINITIONS 
Sec. 
101.
Administrator. 
102.
Commercial component. 
103.
Commercial item. 
104.
Commercially available off-the-shelf item. 
105.
Component. 
106.
Federal Acquisition Regulation. 
107.
Full and open competition. 
108.
Item and item of supply. 
109.
Major system. 
110.
Nondevelopmental item. 
111.
Procurement. 
112.
Procurement system. 
113.
Responsible source. 
114.
Standards. 
115.
Supplies. 
116.
Technical data. 
SUBCHAPTER II—DIVISION B DEFINITIONS 
131.
Acquisition. 
132.
Competitive procedures. 
133.
Executive agency. 
134.
Simplified acquisition threshold. 
SUBCHAPTER III—DIVISION C DEFINITIONS 
151.
Agency head. 
152.
Competitive procedures. 
153.
Simplified acquisition threshold for contract in support of humanitarian or 
peacekeeping operation. 
SUBCHAPTER I—SUBTITLE DEFINITIONS 
§ 101. Administrator 
In this subtitle, the term ‘‘Administrator’’ means the Adminis-
trator for Federal Procurement Policy appointed under section 1102 
of this title. 
§ 102. Commercial component 
In this subtitle, the term ‘‘commercial component’’ means a compo-
nent that is a commercial item. 
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124 STAT. 3679 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 103. Commercial item 
In this subtitle, the term ‘‘commercial item’’ means— 
(1) an item, other than real property, that— 
(A) is of a type customarily used by the general public 
or by nongovernmental entities for purposes other than 
governmental purposes; and 
(B) has been sold, leased, or licensed, or offered for sale, 
lease, or license, to the general public; 
(2) an item that— 
(A) evolved from an item described in paragraph (1) 
through advances in technology or performance; and 
(B) is not yet available in the commercial marketplace 
but will be available in the commercial marketplace in 
time to satisfy the delivery requirements under a Federal 
Government solicitation; 
(3) an item that would satisfy the criteria in paragraph 
(1) or (2) were it not for— 
(A) modifications of a type customarily available in the 
commercial marketplace; or 
(B) minor modifications made to meet Federal Govern-
ment requirements; 
(4) any combination of items meeting the requirements of 
paragraph (1), (2), (3), or (5) that are of a type customarily 
combined and sold in combination to the general public; 
(5) installation services, maintenance services, repair serv-
ices, training services, and other services if— 
(A) those services are procured for support of an item 
referred to in paragraph (1), (2), (3), or (4), regardless 
of whether the services are provided by the same source 
or at the same time as the item; and 
(B) the source of the services provides similar services 
contemporaneously to the general public under terms and 
conditions similar to those offered to the Federal Govern-
ment; 
(6) services offered and sold competitively, in substantial 
quantities, in the commercial marketplace based on established 
catalog or market prices for specific tasks performed or specific 
outcomes to be achieved and under standard commercial terms 
and conditions; 
(7) any item, combination of items, or service referred to 
in paragraphs (1) to (6) even though the item, combination 
of items, or service is transferred between or among separate 
divisions, subsidiaries, or affiliates of a contractor; or 
(8) a nondevelopmental item if the procuring agency deter-
mines, in accordance with conditions in the Federal Acquisition 
Regulation, that the item was developed exclusively at private 
expense and has been sold in substantial quantities, on a 
competitive basis, to multiple State and local governments. 
§ 104. Commercially available off-the-shelf item 
In this subtitle, the term ‘‘commercially available off-the-shelf 
item’’— 
(1) means an item that— 
(A) is a commercial item (as described in section 103(1) 
of this title); 
(B) is sold in substantial quantities in the commercial 
marketplace; and 
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124 STAT. 3680 
PUBLIC LAW 111–350—JAN. 4, 2011 
(C) is offered to the Federal Government, without modi-
fication, in the same form in which it is sold in the commer-
cial marketplace; but 
(2) does not include bulk cargo, as defined in section 40102(4) 
of title 46, such as agricultural products and petroleum prod-
ucts. 
§ 105. Component 
In this subtitle, the term ‘‘component’’ means an item supplied 
to the Federal Government as part of an end item or of another 
component. 
§ 106. Federal Acquisition Regulation 
In this subtitle, the term ‘‘Federal Acquisition Regulation’’ means 
the regulation issued under section 1303(a)(1) of this title. 
§ 107. Full and open competition 
In this subtitle, the term ‘‘full and open competition’’, when used 
with respect to a procurement, means that all responsible sources 
are permitted to submit sealed bids or competitive proposals on 
the procurement. 
§ 108. Item and item of supply 
In this subtitle, the terms ‘‘item’’ and ‘‘item of supply’’— 
(1) mean an individual part, component, subassembly, 
assembly, or subsystem integral to a major system, and other 
property which may be replaced during the service life of the 
system, including spare parts and replenishment spare parts; 
but 
(2) do not include packaging or labeling associated with ship-
ment or identification of an item. 
§ 109. Major system 
(a) IN GENERAL.—In this subtitle, the term ‘‘major system’’ means 
a combination of elements that will function together to produce 
the capabilities required to fulfill a mission need. These elements 
may include hardware, equipment, software, or a combination of 
hardware, equipment, and software, but do not include construction 
or other improvements to real property. 
(b) SYSTEM DEEMED TO BE MAJOR SYSTEM.—A system is deemed 
to be a major system if— 
(1) the Department of Defense is responsible for the system 
and the total expenditures for research, development, testing, 
and evaluation for the system are estimated to exceed 
$75,000,000 (based on fiscal year 1980 constant dollars) or 
the eventual total expenditure for procurement exceeds 
$300,000,000 (based on fiscal year 1980 constant dollars); 
(2) a civilian agency is responsible for the system and total 
expenditures for the system are estimated to exceed the greater 
of $750,000 (based on fiscal year 1980 constant dollars) or 
the dollar threshold for a major system established by the 
agency pursuant to Office of Management and Budget (OMB) 
Circular A–109, entitled ‘‘Major Systems Acquisitions’’; or 
(3) the head of the agency responsible for the system des-
ignates the system a major system. 
§ 110. Nondevelopmental item 
In this subtitle, the term ‘‘nondevelopmental item’’ means— 
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124 STAT. 3681 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) a commercial item; 
(2) a previously developed item of supply that is in use 
by a department or agency of the Federal Government, a State 
or local government, or a foreign government with which the 
United States has a mutual defense cooperation agreement; 
(3) an item of supply described in paragraph (1) or (2) that 
requires only minor modification or modification of the type 
customarily available in the commercial marketplace to meet 
the requirements of the procuring department or agency; or 
(4) an item of supply currently being produced that does 
not meet the requirements of paragraph (1), (2), or (3) solely 
because the item is not yet in use. 
§ 111. Procurement 
In this subtitle, the term ‘‘procurement’’ includes all stages of 
the process of acquiring property or services, beginning with the 
process for determining a need for property or services and ending 
with contract completion and closeout. 
§ 112. Procurement system 
In this subtitle, the term ‘‘procurement system’’ means the 
integration of the procurement process, the professional develop-
ment of procurement personnel, and the management structure 
for carrying out the procurement function. 
§ 113. Responsible source 
In this subtitle, the term ‘‘responsible source’’ means a prospective 
contractor that— 
(1) has adequate financial resources to perform the contract 
or the ability to obtain those resources; 
(2) is able to comply with the required or proposed delivery 
or performance schedule, taking into consideration all existing 
commercial and Government business commitments; 
(3) has a satisfactory performance record; 
(4) has a satisfactory record of integrity and business ethics; 
(5) has the necessary organization, experience, accounting 
and operational controls, and technical skills, or the ability 
to obtain the organization, experience, controls, and skills; 
(6) has the necessary production, construction, and technical 
equipment and facilities, or the ability to obtain the equipment 
and facilities; and 
(7) is otherwise qualified and eligible to receive an award 
under applicable laws and regulations. 
§ 114. Standards 
In this subtitle, the term ‘‘standards’’ means the criteria for 
determining the effectiveness of the procurement system by meas-
uring the performance of the various elements of the system. 
§ 115. Supplies 
In this subtitle, the term ‘‘supplies’’ has the same meaning as 
the terms ‘‘item’’ and ‘‘item of supply’’. 
§ 116. Technical data 
In this subtitle, the term ‘‘technical data’’— 
(1) means recorded information (regardless of the form or 
method of the recording) of a scientific or technical nature 
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124 STAT. 3682 
PUBLIC LAW 111–350—JAN. 4, 2011 
(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 
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124 STAT. 3683 
PUBLIC LAW 111–350—JAN. 4, 2011 
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. 
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124 STAT. 3684 
PUBLIC LAW 111–350—JAN. 4, 2011 
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. 
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124 STAT. 3685 
PUBLIC LAW 111–350—JAN. 4, 2011 
(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 
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124 STAT. 3686 
PUBLIC LAW 111–350—JAN. 4, 2011 
the General Services Administration, in order to adequately 
collect, develop, and disseminate procurement data; and 
(B) ensuring executive agency compliance with the record 
requirements of section 1712 of this title; 
(5) providing for and directing the activities of the Federal 
Acquisition Institute (including recommending to the Adminis-
trator of General Services a sufficient budget for those activi-
ties), which shall be located in the General Services Administra-
tion, in order to— 
(A) foster and promote the development of a professional 
acquisition 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 iden-
tify critical competencies, duties, tasks, and related aca-
demic prerequisites, skills, and knowledge; 
(E) coordinate and assist agencies in identifying and 
recruiting highly qualified candidates for acquisition fields; 
(F) develop instructional materials for acquisition per-
sonnel in coordination with private and public acquisition 
colleges and training facilities; 
(G) evaluate the effectiveness of training and career 
development programs for acquisition personnel; 
(H) promote the establishment and utilization of aca-
demic programs by colleges and universities in acquisition 
fields; 
(I) facilitate, to the extent requested by agencies, inter-
agency intern and training programs; and 
(J) perform other career management or research func-
tions 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 development of procurement policies, regulations, proce-
dures, 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; 
(9) providing for a Government-wide award to recognize and 
promote vendor excellence; 
(10) providing for a Government-wide award to recognize 
and promote excellence in officers and employees of the Federal 
Government serving in procurement-related positions; 
(11) developing policies, in consultation with the Adminis-
trator 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 max-
imum practicable opportunities to participate in procurements 
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124 STAT. 3687 
PUBLIC LAW 111–350—JAN. 4, 2011 
that are conducted for amounts below the simplified acquisition 
threshold; 
(12) developing policies that will promote achievement of 
goals for participation by small businesses, small business con-
cerns owned and controlled by service-disabled veterans, quali-
fied 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; and 
(13) completing action, as appropriate, on the recommenda-
tions of the Commission on Government Procurement. 
(b) CONSULTATION AND ASSISTANCE.—In carrying out the func-
tions 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, develop-
ment, and maintenance of a single system of simplified Govern-
ment-wide procurement regulations and to assist in performing 
any other function the Administrator 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 division shall be assigned, delegated, or transferred 
to the Administrator. 
(2) BY ADMINISTRATOR.— 
(A) WITHIN OFFICE.—The Administrator may make and 
authorize delegations within the Office of Federal Procure-
ment Policy that the Administrator determines to be nec-
essary to carry out this division. 
(B) TO ANOTHER EXECUTIVE AGENCY.—The Administrator 
may delegate, and authorize successive redelegations of, 
an authority, function, or power of the Administrator under 
this division (other than the authority to provide overall 
direction of Federal procurement policy and to prescribe 
policies and regulations to carry out the policy) to another 
executive agency with the consent of the head of the execu-
tive agency or at the direction of the President. 
§ 1123. Small business concerns 
In formulating the Federal Acquisition Regulation and procedures 
to ensure compliance with the Regulation, the Administrator, in 
consultation with the Small Business Administration, shall— 
(1) conduct analyses of the impact on small business concerns 
resulting from revised procurement regulations; and 
(2) incorporate into revised procurement regulations sim-
plified bidding, contract performance, and contract administra-
tion procedures for small business concerns. 
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124 STAT. 3688 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 1124. Tests of innovative procurement methods and proce-
dures 
(a) IN GENERAL.—The Administrator may develop innovative 
procurement methods and procedures to be tested by selected execu-
tive agencies. In developing a program to test innovative procure-
ment methods and procedures under this subsection, the Adminis-
trator 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 program and the criteria to be used in measuring the 
success of the program; 
(3) evaluate the potential costs and benefits which may be 
derived from the innovative procurement methods and proce-
dures tested under the program; 
(4) select the appropriate executive agencies or components 
of executive agencies to carry out the program; 
(5) specify the categories and types of products or services 
to be procured under the program; and 
(6) develop the methods to be used to analyze the results 
of the program. 
(b) APPROVAL OF EXECUTIVE AGENCIES REQUIRED.—A program 
to test innovative procurement methods and procedures may not 
be carried out unless approved by the heads of the executive agen-
cies selected to carry out the program. 
(c) REQUEST FOR WAIVER OF LAW.—If the Administrator deter-
mines that it is necessary to waive the application of a provision 
of law to carry out a proposed program to test innovative procure-
ment methods and procedures under subsection (a), the Adminis-
trator shall transmit notice of the proposed program to the Com-
mittee on Oversight and Government Reform of the House of Rep-
resentatives and the Committee on Homeland Security and Govern-
mental Affairs of the Senate and request that the Committees 
take the necessary action to provide that the provision of law 
does not apply with respect to the proposed program. The notifica-
tion 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 
program; 
(3) the provisions of law affected and the application of any 
provision of law that must be waived in order to carry out 
the proposed program; and 
(4) the executive agencies involved in carrying out the pro-
posed program. 
§ 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 procurement, to the extent required 
under those programs, of property or services 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— 
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124 STAT. 3689 
PUBLIC LAW 111–350—JAN. 4, 2011 
(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. 
§ 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, facilitate automated collection, maintenance, and 
dissemination of information 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 rel-
evant information on past contract performance, including 
performance under contracts entered into by the executive 
agency concerned, other departments and agencies of the 
Federal Government, agencies of State and local govern-
ments, 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 performance is not available, the offeror may not 
be evaluated favorably or unfavorably on the factor of past contract 
performance. 
§ 1127. Determining benchmark compensation amount 
(a) DEFINITIONS.—In this section: 
(1) BENCHMARK COMPENSATION AMOUNT.—The term ‘‘bench-
mark compensation amount’’, for a fiscal year, is the median 
amount of the compensation provided for all senior executives 
of all benchmark corporations 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 cor-
poration’’, 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 compensation for the fiscal year, whether paid, earned, 
or otherwise accruing, as recorded in an employer’s cost 
accounting records for the fiscal year. 
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124 STAT. 3690 
PUBLIC LAW 111–350—JAN. 4, 2011 
(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 corpora-
tion— 
(A) organized under the laws of a State of the United 
States, the District of Columbia, Puerto Rico, or a posses-
sion of the United States; and 
(B) whose voting stock is publicly traded. 
(6) SENIOR EXECUTIVES.—The term ‘‘senior executives’’, with 
respect 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 pur-
poses 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 
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 nec-
essary 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. 
§ 1129. Center of excellence in contracting for services 
The Administrator shall maintain a center of excellence in con-
tracting for services. The center shall assist the acquisition commu-
nity by identifying, and serving as a clearinghouse for, best practices 
in contracting for services in the public and private sectors. 
§ 1130. Effect of division on other law 
This division does not impair or affect the authorities or respon-
sibilities relating to the procurement of real property conferred 
by division C of this subtitle and chapters 1 to 11 of title 40. 
§ 1131. Annual report 
The Administrator annually shall submit to Congress an assess-
ment 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. 
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124 STAT. 3691 
PUBLIC LAW 111–350—JAN. 4, 2011 
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 Acquisi-
tion 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 regu-
latory activities in the Federal 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.—Notwith-
standing section 121(d)(1) and (2) of title 40, the officials 
specified in subparagraphs (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 responsi-
bility for acquisition policy in each of their respective 
agencies or, in the case of the Secretary of Defense, 
an official at an organizational level not lower than 
an Assistant Secretary of Defense within the Office 
of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics; or 
(ii) if no official of that agency is assigned by statute 
with the responsibility for acquisition policy for that 
agency, the official designated pursuant to section 
1702(c) of this title. 
(B) LIMITATION ON DESIGNATION.—No other official or 
employee may be designated to serve on the Council. 
§ 1303. Functions and authority 
(a) FUNCTIONS.— 
(1) ISSUE AND MAINTAIN FEDERAL ACQUISITION REGULATION.— 
Subject to sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 
1131, and 2305 of this title, the Administrator of General 
Services, the Secretary of Defense, and the Administrator of 
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124 STAT. 3692 
PUBLIC LAW 111–350—JAN. 4, 2011 
National Aeronautics and Space, pursuant to their respective 
authorities under division C of this subtitle, chapters 4 and 
137 of title 10, and the National Aeronautics and Space Act 
of 1958 (42 U.S.C. 2451 et seq.), shall jointly issue and maintain 
in accordance with subsection (d) a single Government-wide 
procurement regulation, to be known as the Federal Acquisition 
Regulation. 
(2) LIMITATION ON OTHER REGULATIONS.—Other regulations 
relating to procurement issued by an executive agency shall 
be limited to— 
(A) regulations essential to implement Government-wide 
policies and procedures within the agency; and 
(B) additional policies and procedures required to satisfy 
the specific and unique needs of the agency. 
(3) ENSURE CONSISTENT REGULATIONS.—The Administrator, 
in consultation with the Council, shall ensure that procurement 
regulations prescribed by executive agencies are consistent with 
the Federal Acquisition Regulation and in accordance with 
the policies prescribed pursuant to section 1121(b) of this title. 
(4) REQUEST TO REVIEW REGULATION.— 
(A) BASIS FOR REQUEST.—Under procedures the Adminis-
trator establishes, a person may request the Administrator 
to review a regulation relating to procurement on the basis 
that the regulation is inconsistent with the Federal Acquisi-
tion Regulation. 
(B) PERIOD OF REVIEW.—Unless the request is frivolous 
or does not, on its face, state a valid basis for the review, 
the Administrator shall complete the review not later than 
60 days after receiving the request. The time for completion 
of the review may be extended if the Administrator deter-
mines that an additional period of review is required. The 
Administrator shall advise the requester of the reasons 
for the extension and the date by which the review will 
be completed. 
(5) WHEN
REGULATION
IS
INCONSISTENT
OR
NEEDS
TO
BE 
IMPROVED.—If the Administrator determines that a regulation 
relating to procurement is inconsistent with the Federal 
Acquisition Regulation or that the regulation otherwise should 
be revised to remove an inconsistency with the policies pre-
scribed under section 1121(b) of this title, the Administrator 
shall rescind or deny the promulgation of the regulation or 
take other action authorized under sections 1121, 1122(a) to 
(c)(1), 1125, 1126, 1130, 1131, and 2305 of this title as may 
be necessary to remove the inconsistency. If the Administrator 
determines that the regulation, although not inconsistent with 
the Federal Acquisition Regulation or those policies, should 
be revised to improve compliance with the Regulation or poli-
cies, the Administrator shall take action authorized under sec-
tions 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 
as may be necessary and appropriate. 
(6) DECISIONS TO BE IN WRITING AND PUBLICLY AVAILABLE.— 
The decisions of the Administrator shall be in writing and 
made publicly available. 
(b) ADDITIONAL RESPONSIBILITIES OF MEMBERSHIP.— 
(1) IN
GENERAL.—Subject to the authority, direction, and 
control of the head of the agency concerned, each official who 
represents an agency on the Council pursuant to section 1302(b) 
of this title shall— 
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124 STAT. 3693 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) approve or disapprove all regulations relating to 
procurement that are proposed for public comment, pre-
scribed in final form, or otherwise made effective by that 
agency before the regulation may be prescribed in final 
form, or otherwise made effective, except that the official 
may grant an interim approval, without review, for not 
more than 60 days for a procurement regulation in urgent 
and compelling circumstances; 
(B) carry out the responsibilities of that agency set forth 
in chapter 35 of title 44 for each information collection 
request that relates to procurement rules or regulations; 
and 
(C) eliminate or reduce— 
(i) any redundant or unnecessary levels of review 
and approval in the procurement system of that agency; 
and 
(ii) redundant or unnecessary procurement regula-
tions which are unique to that agency. 
(2) LIMITATION ON DELEGATION.—The authority to review and 
approve or disapprove regulations under paragraph (1)(A) may 
not be delegated to an individual outside the office of the 
official who represents the agency on the Council pursuant 
to section 1302(b) of this title. 
(c) GOVERNING POLICIES.—All actions of the Council and of mem-
bers of the Council shall be in accordance with and furtherance 
of the policies prescribed under section 1121(b) of this title. 
(d) GENERAL AUTHORITY WITH RESPECT TO FEDERAL ACQUISITION 
REGULATION.—Subject to section 1121(d) of this title, the Council 
shall manage, coordinate, control, and monitor the maintenance 
of, issuance of, and changes in, the Federal Acquisition Regulation. 
§ 1304. Contract clauses and certifications 
(a) REPETITIVE
NONSTANDARD
CONTRACT
CLAUSES
DISCOUR-
AGED.—The Council shall prescribe regulations to discourage the 
use of a nonstandard contract clause on a repetitive basis. The 
regulations shall include provisions that— 
(1) clearly define what types of contract clauses are to be 
treated as nonstandard clauses; and 
(2) require prior approval for the use of a nonstandard clause 
on a repetitive basis by an official at a level of responsibility 
above the contracting officer. 
(b) WHEN CERTIFICATION REQUIRED.— 
(1) BY LAW.—A provision of law may not be construed as 
requiring a certification by a contractor or offeror in a procure-
ment made or to be made by the Federal Government unless 
that provision of law specifically provides that such a certifi-
cation shall be required. 
(2) IN FEDERAL ACQUISITION REGULATION.—A requirement for 
a certification by a contractor or offeror may not be included 
in the Federal Acquisition Regulation unless— 
(A) the certification requirement is specifically imposed 
by statute; or 
(B) written justification for the certification requirement 
is provided to the Administrator by the Council and the 
Administrator approves in writing the inclusion of the cer-
tification requirement. 
(3) EXECUTIVE AGENCY PROCUREMENT REGULATION.— 
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124 STAT. 3694 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) DEFINITION.—In subparagraph (B), the term ‘‘head 
of the executive agency’’ with respect to a military depart-
ment means the Secretary of Defense. 
(B) WHEN CERTIFICATION REQUIREMENT MAY BE INCLUDED 
IN REGULATION.—A requirement for a certification by a 
contractor or offeror may not be included in a procurement 
regulation of an executive agency unless— 
(i) the certification requirement is specifically 
imposed by statute; or 
(ii) written justification for the certification require-
ment is provided to the head of the executive agency 
by the senior procurement executive of the agency and 
the head of the executive agency approves in writing 
the inclusion of the certification requirement. 
SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL 
§ 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, Tech-
nology, 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. 
§ 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. 
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124 STAT. 3695 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) Share experiences, ideas, best practices, and innovative 
approaches related to Federal acquisition. 
(3) Assist the Administrator in the identification, develop-
ment, 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. 
CHAPTER 15—COST ACCOUNTING STANDARDS 
Sec. 
1501.
Cost Accounting Standards Board. 
1502.
Cost accounting standards. 
1503.
Contract price adjustment. 
1504.
Effect on other standards and regulations. 
1505.
Examinations. 
1506.
Authorization of appropriations. 
§ 1501. Cost Accounting Standards Board 
(a) ORGANIZATION.—The Cost Accounting Standards Board is an 
independent board in the Office of Federal Procurement Policy. 
(b) MEMBERSHIP.— 
(1) NUMBER OF MEMBERS, CHAIRMAN, AND APPOINTMENT.— 
The Board consists of 5 members. One member is the Adminis-
trator, who serves as Chairman. The other 4 members, all 
of whom shall have experience in Federal Government contract 
cost accounting, are as follows: 
(A) 2 representatives of the Federal Government— 
(i) one of whom is a representative of the Department 
of Defense appointed by the Secretary of Defense; and 
(ii) one of whom is an officer or employee of the 
General Services Administration appointed by the 
Administrator of General Services. 
(B) 2 individuals from the private sector, each of whom 
is appointed by the Administrator, and— 
(i) one of whom is a representative of industry; and 
(ii) one of whom is particularly knowledgeable about 
cost accounting problems and systems. 
(2) TERM OF OFFICE.— 
(A) LENGTH OF TERM.—The term of office of each member, 
other than the Administrator, is 4 years. The terms are 
staggered, with the terms of 2 members expiring in the 
same year, the term of another member expiring the next 
year, and the term of the last member expiring the year 
after that. 
(B) INDIVIDUAL REQUIRED TO REMAIN WITH APPOINTING 
AGENCY.—A member appointed under paragraph (1)(A) may 
not continue to serve after ceasing to be an officer or 
employee of the agency from which that member was 
appointed. 
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124 STAT. 3696 
PUBLIC LAW 111–350—JAN. 4, 2011 
(3) VACANCY.—A vacancy on the Board shall be filled in 
the same manner in which the original appointment was made. 
A member appointed to fill a vacancy serves for the remainder 
of the term for which that member’s predecessor was appointed. 
(c) SENIOR STAFF.—The Administrator, after consultation with 
the Board, may— 
(1) appoint an executive secretary and 2 additional staff 
members without regard to the provisions of title 5 governing 
appointments in the competitive service; and 
(2) pay those employees without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5 relating 
to classification and General Schedule pay rates, except that 
those employees may not receive pay in excess of the maximum 
rate of basic pay payable for level IV of the Executive Schedule. 
(d) OTHER STAFF.—The Administrator may appoint, fix the com-
pensation of, and remove additional employees of the Board under 
the applicable provisions of title 5. 
(e) DETAILED
AND
TEMPORARY
PERSONNEL.—For service on 
advisory committees and task forces to assist the Board in carrying 
out its functions and responsibilities— 
(1) the Board, with the consent of the head of a Federal 
agency, may use, without reimbursement, personnel of that 
agency; and 
(2) the Administrator, after consultation with the Board, 
may procure temporary and intermittent services of personnel 
under section 3109(b) of title 5. 
(f) COMPENSATION.— 
(1) OFFICERS AND EMPLOYEES OF THE GOVERNMENT.—Mem-
bers of the Board who are officers or employees of the Federal 
Government, and officers and employees of other agencies of 
the Federal Government who are used under subsection (e)(1), 
shall not receive additional compensation for services but shall 
continue to be compensated by the employing department or 
agency of the officer or employee. 
(2) APPOINTEES FROM PRIVATE SECTOR.—Each member of the 
Board appointed from the private sector shall receive compensa-
tion at a rate not to exceed the daily equivalent of the rate 
for level IV of the Executive Schedule for each day (including 
travel time) in which the member is engaged in the actual 
performance of duties vested in the Board. 
(3) TEMPORARY
AND
INTERMITTENT
PERSONNEL.—An indi-
vidual hired under subsection (e)(2) may receive compensation 
at a rate fixed by the Administrator, but not to exceed the 
daily equivalent of the rate for level V of the Executive Schedule 
for each day (including travel time) in which the individual 
is properly engaged in the actual performance of duties under 
this chapter. 
(4) TRAVEL EXPENSES.—While serving away from home or 
regular place of business, Board members and other individuals 
serving on an intermittent basis under this chapter shall be 
allowed travel expenses in accordance with section 5703 of 
title 5. 
§ 1502. Cost accounting standards 
(a) AUTHORITY.— 
(1) 
COST
ACCOUNTING
STANDARDS
BOARD.—The 
Cost 
Accounting Standards Board has exclusive authority to pre-
scribe, amend, and rescind cost accounting standards, and 
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124 STAT. 3697 
PUBLIC LAW 111–350—JAN. 4, 2011 
interpretations of the standards, designed to achieve uniformity 
and consistency in the cost accounting standards governing 
measurement, assignment, and allocation of costs to contracts 
with the Federal Government. 
(2) ADMINISTRATOR FOR FEDERAL PROCUREMENT POLICY.—The 
Administrator, after consultation with the Board, shall pre-
scribe rules and procedures governing actions of the Board 
under this chapter. The rules and procedures shall require 
that any action to prescribe, amend, or rescind a standard 
or interpretation be approved by majority vote of the Board. 
(b) MANDATORY USE OF STANDARDS.— 
(1) SUBCONTRACT.— 
(A) DEFINITION.—In this paragraph, the term ‘‘sub-
contract’’ includes a transfer of commercial items between 
divisions, subsidiaries, or affiliates of a contractor or sub-
contractor. 
(B) WHEN STANDARDS ARE TO BE USED.—Cost accounting 
standards prescribed under this chapter are mandatory 
for use by all executive agencies and by contractors and 
subcontractors in estimating, accumulating, and reporting 
costs in connection with the pricing and administration 
of, and settlement of disputes concerning, all negotiated 
prime contract and subcontract procurements with the Fed-
eral Government in excess of the amount set forth in sec-
tion 2306a(a)(1)(A)(i) of title 10 as the amount is adjusted 
in accordance with applicable requirements of law. 
(C) NONAPPLICATION OF STANDARDS.—Subparagraph (B) 
does not apply to— 
(i) a contract or subcontract for the acquisition of 
a commercial item; 
(ii) a contract or subcontract where the price nego-
tiated is based on a price set by law or regulation; 
(iii) a firm, fixed-price contract or subcontract 
awarded on the basis of adequate price competition 
without submission of certified cost or pricing data; 
or 
(iv) a contract or subcontract with a value of less 
than $7,500,000 if, when the contract or subcontract 
is entered into, the segment of the contractor or subcon-
tractor that will perform the work has not been 
awarded at least one contract or subcontract with a 
value of more than $7,500,000 that is covered by the 
standards. 
(2) EXEMPTIONS AND WAIVERS BY BOARD.—The Board may— 
(A) exempt classes of contractors and subcontractors from 
the requirements of this chapter; and 
(B) establish procedures for the waiver of the require-
ments of this chapter for individual contracts and sub-
contracts. 
(3) WAIVER BY HEAD OF EXECUTIVE AGENCY.— 
(A) IN GENERAL.—The head of an executive agency may 
waive the applicability of the cost accounting standards 
for a contract or subcontract with a value of less than 
$15,000,000 if that official determines in writing that the 
segment of the contractor or subcontractor that will perform 
the work— 
(i) is primarily engaged in the sale of commercial 
items; and 
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124 STAT. 3698 
PUBLIC LAW 111–350—JAN. 4, 2011 
(ii) would not otherwise be subject to the cost 
accounting standards under this section. 
(B) IN EXCEPTIONAL CIRCUMSTANCES.—The head of an 
executive agency may waive the applicability of the cost 
accounting standards for a contract or subcontract under 
exceptional circumstances when necessary to meet the 
needs of the agency. A determination to waive the applica-
bility of the standards under this subparagraph shall be 
set forth in writing and shall include a statement of the 
circumstances justifying the waiver. 
(C) RESTRICTION
ON
DELEGATION
OF
AUTHORITY.—The 
head of an executive agency may not delegate the authority 
under subparagraph (A) or (B) to an official in the executive 
agency below the senior policymaking level in the executive 
agency. 
(D) CONTENTS OF FEDERAL ACQUISITION REGULATION.— 
The Federal Acquisition Regulation shall include— 
(i) criteria for selecting an official to be delegated 
authority to grant waivers under subparagraph (A) 
or (B); and 
(ii) the specific circumstances under which the 
waiver may be granted. 
(E) REPORT.—The head of each executive agency shall 
report the waivers granted under subparagraphs (A) and 
(B) for that agency to the Board on an annual basis. 
(c) REQUIRED BOARD ACTION FOR PRESCRIBING STANDARDS AND 
INTERPRETATIONS.—Before prescribing cost accounting standards 
and interpretations, the Board shall— 
(1) take into account, after consultation and discussions with 
the Comptroller General, professional accounting organizations, 
contractors, and other interested parties— 
(A) the probable costs of implementation, including any 
inflationary effects, compared to the probable benefits; 
(B) the advantages, disadvantages, and improvements 
anticipated in the pricing and administration of, and settle-
ment of disputes concerning, contracts; and 
(C) the scope of, and alternatives available to, the action 
proposed to be taken; 
(2) prepare and publish a report in the Federal Register 
on the issues reviewed under paragraph (1); 
(3)(A) publish an advanced notice of proposed rulemaking 
in the Federal Register to solicit comments on the report pre-
pared under paragraph (2); 
(B) provide all parties affected at least 60 days after publica-
tion to submit their views and comments; and 
(C) during the 60-day period, consult with the Comptroller 
General and consider any recommendation the Comptroller 
General may make; and 
(4) publish a notice of proposed rulemaking in the Federal 
Register and provide all parties affected at least 60 days after 
publication to submit their views and comments. 
(d) EFFECTIVE DATES.—Rules, regulations, cost accounting stand-
ards, and modifications thereof prescribed or amended under this 
chapter shall have the full force and effect of law, and shall become 
effective within 120 days after publication in the Federal Register 
in final form, unless the Board determines that a longer period 
is necessary. The Board shall determine implementation dates for 
contractors and subcontractors. The dates may not be later than 
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124 STAT. 3699 
PUBLIC LAW 111–350—JAN. 4, 2011 
the beginning of the second fiscal year of the contractor or subcon-
tractor after the standard becomes effective. 
(e) 
ACCOMPANYING
MATERIAL.—Rules, 
regulations, 
cost 
accounting standards, and modifications thereof prescribed or 
amended under this chapter shall be accompanied by prefatory 
comments and by illustrations, if necessary. 
(f) IMPLEMENTING REGULATIONS.—The Board shall prescribe regu-
lations for the implementation of cost accounting standards pre-
scribed or interpreted under this section. The regulations shall 
be incorporated into the Federal Acquisition Regulation and shall 
require contractors and subcontractors as a condition of contracting 
with the Federal Government to— 
(1) disclose in writing their cost accounting practices, 
including methods of distinguishing direct costs from indirect 
costs and the basis used for allocating indirect costs; and 
(2) agree to a contract price adjustment, with interest, for 
any increased costs paid to the contractor or subcontractor 
by the Federal Government because of a change in the contrac-
tor’s or subcontractor’s cost accounting practices or a failure 
by the contractor or subcontractor to comply with applicable 
cost accounting standards. 
(g) NONAPPLICABILITY OF CERTAIN SECTIONS OF TITLE 5.—Func-
tions exercised under this chapter are not subject to sections 551, 
553 to 559, and 701 to 706 of title 5. 
§ 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 under-
taken 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 Govern-
ment, 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. 
§ 1504. Effect on other standards and regulations 
(a) PREVIOUSLY EXISTING STANDARDS.—All cost accounting stand-
ards, waivers, exemptions, interpretations, modifications, rules, and 
regulations prescribed by the Cost Accounting Standards Board 
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124 STAT. 3700 
PUBLIC LAW 111–350—JAN. 4, 2011 
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 regu-
lation or proposed regulation of an executive agency is not incon-
sistent with a cost accounting standard prescribed or amended 
under this chapter, the Administrator, under the authority in sec-
tions 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 
of this title, shall rescind or deny the promulgation of the incon-
sistent 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 execu-
tive agency that differ from those standards with respect to the 
measurement, assignment, and allocation of those costs. 
§ 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 dis-
closed 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 subcon-
tractor relating to compliance with the standards. 
§ 1506. Authorization of appropriations 
Necessary amounts may be appropriated to carry out this chapter. 
CHAPTER 17—AGENCY RESPONSIBILITIES AND 
PROCEDURES 
Sec. 
1701.
Cooperation with the Administrator. 
1702.
Chief Acquisition Officers and senior procurement executives. 
1703.
Acquisition workforce. 
1704.
Planning and policy-making for acquisition workforce. 
1705.
Advocates for competition. 
1706.
Personnel evaluation. 
1707.
Publication of proposed regulations. 
1708.
Procurement notice. 
1709.
Contracting functions performed by Federal personnel. 
1710.
Public-private competition required before conversion to contractor perform-
ance. 
1711.
Value engineering. 
1712.
Record requirements. 
1713.
Procurement data. 
§ 1701. Cooperation with the Administrator 
On the request of the Administrator, each executive agency 
shall— 
(1) make its services, personnel, and facilities available to 
the Office of Federal Procurement Policy to the greatest prac-
ticable extent for the performance of functions under this divi-
sion; and 
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124 STAT. 3701 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) except when prohibited by law, furnish to the Adminis-
trator, and give the Administrator access to, all information 
and records in its possession that the Administrator may deter-
mine to be necessary for the performance of the functions 
of the Office. 
§ 1702. Chief Acquisition Officers and senior procurement 
executives 
(a) APPOINTMENT
OR
DESIGNATION
OF
CHIEF
ACQUISITION 
OFFICER.—The head of each executive agency described in section 
901(b)(1) (other than the Department of Defense) or 901(b)(2)(C) 
of title 31 with a Chief Financial Officer appointed or designated 
under section 901(a) of title 31 shall appoint or designate a non- 
career employee as Chief Acquisition Officer for the agency. 
(b) AUTHORITY AND FUNCTIONS OF CHIEF ACQUISITION OFFICER.— 
(1) PRIMARY DUTY.—The primary duty of a Chief Acquisition 
Officer is acquisition management. 
(2) ADVICE
AND
ASSISTANCE.—A Chief Acquisition Officer 
shall advise and assist the head of the executive agency and 
other agency officials to ensure that the mission of the executive 
agency is achieved through the management of the agency’s 
acquisition activities. 
(3) OTHER FUNCTIONS.—The functions of each Chief Acquisi-
tion Officer include— 
(A) monitoring the performance of acquisition activities 
and acquisition programs of the executive agency, evalu-
ating the performance of those programs on the basis of 
applicable performance measurements, and advising the 
head of the executive agency regarding the appropriate 
business strategy to achieve the mission of the executive 
agency; 
(B) increasing the use of full and open competition in 
the acquisition of property and services by the executive 
agency by establishing policies, procedures, and practices 
that ensure that the executive agency receives a sufficient 
number of sealed bids or competitive proposals from respon-
sible sources to fulfill the Federal Government’s require-
ments (including performance and delivery schedules) at 
the lowest cost or best value considering the nature of 
the property or service procured; 
(C) increasing appropriate use of performance-based con-
tracting and performance specifications; 
(D) making acquisition decisions consistent with all 
applicable laws and establishing clear lines of authority, 
accountability, and responsibility for acquisition decision-
making within the executive agency; 
(E) managing the direction of acquisition policy for the 
executive agency, including implementation of the unique 
acquisition policies, regulations, and standards of the 
executive agency; 
(F) developing and maintaining an acquisition career 
management program in the executive agency to ensure 
that there is an adequate professional workforce; and 
(G) as part of the strategic planning and performance 
evaluation process required under section 306 of title 5 
and sections 1105(a)(28), 1115, 1116, and 9703 (added by 
section 5(a) of Public Law 103–62 (107 Stat. 289)) of title 
31— 
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124 STAT. 3702 
PUBLIC LAW 111–350—JAN. 4, 2011 
(i) assessing the requirements established for agency 
personnel regarding knowledge and skill in acquisition 
resources management and the adequacy of those 
requirements for facilitating the achievement of the 
performance goals established for acquisition manage-
ment; 
(ii) developing strategies and specific plans for hiring, 
training, and professional development to rectify a defi-
ciency in meeting those requirements; and 
(iii) reporting to the head of the executive agency 
on the progress made in improving acquisition manage-
ment capability. 
(c) SENIOR PROCUREMENT EXECUTIVE.— 
(1) DESIGNATION.—The head of each executive agency shall 
designate a senior procurement executive. 
(2) RESPONSIBILITY.—The senior procurement executive is 
responsible for management direction of the procurement 
system of the executive agency, including implementation of 
the unique procurement policies, regulations, and standards 
of the executive agency. 
(3) WHEN CHIEF ACQUISITION OFFICER APPOINTED OR DES-
IGNATED.—For an executive agency for which a Chief Acquisi-
tion Officer has been appointed or designated under subsection 
(a), the head of the executive agency shall— 
(A) designate the Chief Acquisition Officer as the senior 
procurement executive for the executive agency; or 
(B) ensure that the senior procurement executive des-
ignated under paragraph (1) reports directly to the Chief 
Acquisition Officer without intervening authority. 
§ 1703. Acquisition workforce 
(a) DESCRIPTION.—For purposes of this section, the acquisition 
workforce of an agency consists of all employees serving in acquisi-
tion positions listed in subsection (g)(1)(A). 
(b) APPLICABILITY.— 
(1) NONAPPLICABILITY
TO
CERTAIN
EXECUTIVE
AGENCIES.— 
Except as provided in subsection (i), this section does not apply 
to an executive agency that is subject to chapter 87 of title 
10. 
(2) APPLICABILITY OF PROGRAMS.—The programs established 
by this section apply to the acquisition workforce of each execu-
tive agency. 
(c) MANAGEMENT POLICIES.— 
(1) DUTIES OF HEAD OF EXECUTIVE AGENCY.— 
(A) ESTABLISH
POLICIES
AND
PROCEDURES.—After con-
sultation with the Administrator, the head of each execu-
tive agency shall establish policies and procedures for the 
effective management (including accession, education, 
training, career development, and performance incentives) 
of the acquisition workforce of the agency. The development 
of acquisition workforce policies under this section shall 
be carried out consistent with the merit system principles 
set forth in section 2301(b) of title 5. 
(B) ENSURE
UNIFORM
IMPLEMENTATION.—The head of 
each executive agency shall ensure that, to the maximum 
extent practicable, acquisition workforce policies and proce-
dures established are uniform in their implementation 
throughout the agency. 
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124 STAT. 3703 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) DUTIES
OF
ADMINISTRATOR.—The Administrator shall 
issue policies to promote uniform implementation of this section 
by executive agencies, with due regard for differences in pro-
gram requirements among agencies that may be appropriate 
and warranted in view of the agency mission. The Adminis-
trator shall coordinate with the Deputy Director for Manage-
ment of the Office of Management and Budget to ensure that 
the policies are consistent with the policies and procedures 
established, and enhanced system of incentives provided, pursu-
ant to section 5051(c) of the Federal Acquisition Streamlining 
Act of 1994 (Public Law 103–355, 108 Stat. 3351). The Adminis-
trator shall evaluate the implementation of this section by 
executive agencies. 
(d) AUTHORITY
AND RESPONSIBILITY
OF SENIOR PROCUREMENT 
EXECUTIVE.—Subject to the authority, direction, and control of the 
head of an executive agency, the senior procurement executive 
of the agency shall carry out all powers, functions, and duties 
of the head of the agency with respect to implementing this section. 
The senior procurement executive shall ensure that the policies 
of the head of the executive agency established in accordance with 
this section are implemented throughout the agency. 
(e) COLLECTING AND MAINTAINING INFORMATION.—The Adminis-
trator shall ensure that the heads of executive agencies collect 
and maintain standardized information on the acquisition workforce 
related to implementing this section. To the maximum extent prac-
ticable, information requirements shall conform to standards the 
Director of the Office of Personnel Management establishes for 
the Central Personnel Data File. 
(f) CAREER DEVELOPMENT.— 
(1) CAREER PATHS.— 
(A) IDENTIFICATION.—The head of each executive agency 
shall ensure that appropriate career paths for personnel 
who desire to pursue careers in acquisition are identified 
in terms of the education, training, experience, and assign-
ments necessary for career progression to the most senior 
acquisition positions. The head of each executive agency 
shall make available information on those career paths. 
(B) CRITICAL DUTIES AND TASKS.—For each career path, 
the head of each executive agency shall identify the critical 
acquisition-related duties and tasks in which, at minimum, 
employees of the agency in the career path shall be com-
petent to perform at full performance grade levels. For 
this purpose, the head of the executive agency shall provide 
appropriate coverage of the critical duties and tasks identi-
fied by the Director of the Federal Acquisition Institute. 
(C) MANDATORY
TRAINING
AND
EDUCATION.—For each 
career path, the head of each executive agency shall estab-
lish requirements for the completion of course work and 
related on-the-job training in the critical acquisition-related 
duties and tasks of the career path. The head of each 
executive agency also shall encourage employees to main-
tain the currency of their acquisition knowledge and gen-
erally enhance their knowledge of related acquisition 
management disciplines through academic programs and 
other self-developmental activities. 
(2) PERFORMANCE INCENTIVES.—The head of each executive 
agency shall provide for an enhanced system of incentives to 
encourage excellence in the acquisition workforce that rewards 
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124 STAT. 3704 
PUBLIC LAW 111–350—JAN. 4, 2011 
performance of employees who contribute to achieving the 
agency’s performance goals. The system of incentives shall 
include provisions that— 
(A) relate pay to performance (including the extent to 
which the performance of personnel in the workforce 
contributes to achieving the cost goals, schedule goals, and 
performance goals established for acquisition programs 
pursuant to section 3103(b) of this title); and 
(B) provide for consideration, in personnel evaluations 
and promotion decisions, of the extent to which the 
performance of personnel in the workforce contributes to 
achieving the cost goals, schedule goals, and performance 
goals. 
(g) QUALIFICATION REQUIREMENTS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Administrator 
shall— 
(A) establish qualification requirements, including edu-
cation requirements, for— 
(i) entry-level positions in the General Schedule Con-
tracting series (GS–1102); 
(ii) senior positions in the General Schedule Con-
tracting series (GS–1102); 
(iii) all positions in the General Schedule Purchasing 
series (GS–1105); and 
(iv) positions in other General Schedule series in 
which significant acquisition-related functions are per-
formed; and 
(B) prescribe the manner and extent to which the quali-
fication requirements shall apply to an individual serving 
in a position described in subparagraph (A) at the time 
the requirements are established. 
(2) RELATIONSHIP TO REQUIREMENTS APPLICABLE TO DEFENSE 
ACQUISITION WORKFORCE.—The Administrator shall establish 
qualification requirements and make prescriptions under para-
graph (1) that are comparable to those established for the 
same or equivalent positions pursuant to chapter 87 of title 
10 with appropriate modifications. 
(3) APPROVAL OF REQUIREMENTS.—The Administrator shall 
submit any requirement established or prescription made under 
paragraph (1) to the Director of the Office of Personnel Manage-
ment for approval. The Director is deemed to have approved 
the requirement or prescription if the Director does not dis-
approve the requirement or prescription within 30 days after 
receiving it. 
(h) EDUCATION AND TRAINING.— 
(1) FUNDING LEVELS.—The head of an executive agency shall 
set forth separately the funding levels requested for educating 
and training the acquisition workforce in the budget justifica-
tion documents submitted in support of the President’s budget 
submitted to Congress under section 1105 of title 31. 
(2) TUITION ASSISTANCE.—The head of an executive agency 
may provide tuition reimbursement in education (including a 
full-time course of study leading to a degree) in accordance 
with section 4107 of title 5 for personnel serving in acquisition 
positions in the agency. 
(3) RESTRICTED OBLIGATION.—Amounts appropriated for edu-
cation and training under this section may not be obligated 
for another purpose. 
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124 STAT. 3705 
PUBLIC LAW 111–350—JAN. 4, 2011 
(i) TRAINING FUND.— 
(1) PURPOSES.—The purposes of this subsection are to ensure 
that the Federal acquisition workforce— 
(A) adapts to fundamental changes in the nature of Fed-
eral Government acquisition of property and services asso-
ciated with the changing roles of the Federal Government; 
and 
(B) acquires new skills and a new perspective to enable 
it to contribute effectively in the changing environment 
of the 21st century. 
(2) ESTABLISHMENT AND MANAGEMENT OF FUND.—There is 
an acquisition workforce training fund. The Administrator of 
General Services shall manage the fund through the Federal 
Acquisition Institute to support the training of the acquisition 
workforce of the executive agencies, except as provided in para-
graph (5). The Administrator of General Services shall consult 
with the Administrator in managing the fund. 
(3) CREDITS
TO
FUND.—Five percent of the fees collected 
by executive agencies (other than the Department of Defense) 
under the following contracts shall be credited to the fund: 
(A) Government-wide task and delivery-order contracts 
entered into under sections 4103 and 4105 of this title. 
(B) Government-wide contracts for the acquisition of 
information technology as defined in section 11101 of title 
40 and multiagency acquisition contracts for that tech-
nology authorized by section 11314 of title 40. 
(C) multiple-award schedule contracts entered into by 
the Administrator of General Services. 
(4) REMITTANCE BY HEAD OF EXECUTIVE AGENCY.—The head 
of an executive agency that administers a contract described 
in paragraph (3) shall remit to the General Services Administra-
tion the amount required to be credited to the fund with respect 
to the contract at the end of each quarter of the fiscal year. 
(5) TRANSFER AND USE OF FEES COLLECTED FROM DEPARTMENT 
OF
DEFENSE.—The Administrator of General Services shall 
transfer to the Secretary of Defense fees collected from the 
Department of Defense pursuant to paragraph (3). The Defense 
Acquisition University shall use the fees for acquisition 
workforce training. 
(6) AMOUNTS NOT TO BE USED FOR OTHER PURPOSES.—The 
Administrator of General Services, through the Office of Federal 
Procurememt Policy, shall ensure that amounts collected for 
training under this subsection are not used for a purpose other 
than the purpose specified in paragraph (2). 
(7) AMOUNTS ARE IN ADDITION TO OTHER AMOUNTS FOR EDU-
CATION AND TRAINING.—Amounts credited to the fund are in 
addition to amounts requested and appropriated for education 
and training referred to in subsection (h)(1). 
(8) AVAILABILITY OF AMOUNTS.—Amounts credited to the fund 
remain available to be expended only in the fiscal year for 
which they are credited and the 2 succeeding fiscal years. 
(j) RECRUITMENT PROGRAM.— 
(1) SHORTAGE CATEGORY POSITIONS.—For purposes of sections 
3304, 5333, and 5753 of title 5, the head of a department 
or agency of the Federal Government (other than the Secretary 
of Defense) may determine, under regulations prescribed by 
the Office of Personnel Management, that certain Federal 
acquisition positions (as described in subsection (g)(1)(A)) are 
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124 STAT. 3706 
PUBLIC LAW 111–350—JAN. 4, 2011 
shortage category positions in order to use the authorities in 
those sections to recruit and appoint highly qualified individ-
uals directly to those positions in the department or agency. 
(2) TERMINATION OF AUTHORITY.—The head of a department 
or agency may not appoint an individual to a position of employ-
ment under this subsection after September 30, 2012. 
(k) REEMPLOYMENT WITHOUT LOSS OF ANNUITY.— 
(1) ESTABLISHMENT OF POLICIES AND PROCEDURES.—The head 
of each executive agency, after consultation with the Adminis-
trator and the Director of the Office of Personnel Management, 
shall establish policies and procedures under which the agency 
head may reemploy in an acquisition-related position (as 
described in subsection (g)(1)(A)) an individual receiving an 
annuity from the Civil Service Retirement and Disability Fund, 
on the basis of the individual’s service, without discontinuing 
the annuity. The head of each executive agency shall keep 
the Administrator informed of the agency’s use of this authority. 
(2) CRITERIA FOR CONTINUATION OF ANNUITY.—Policies and 
procedures established under paragraph (1) shall authorize the 
head of the executive agency, on a case-by-case basis, to con-
tinue an annuity if any of the following makes the reemploy-
ment of an individual essential: 
(A) The unusually high or unique qualifications of an 
individual receiving an annuity from the Civil Service 
Retirement and Disability Fund on the basis of the individ-
ual’s service. 
(B) The exceptional difficulty in recruiting or retaining 
a qualified employee. 
(C) A temporary emergency hiring need. 
(3) SERVICE NOT SUBJECT TO CSRS OR FERS.—An individual 
reemployed under this subsection shall not be deemed an 
employee for purposes of chapter 83 or 84 of title 5. 
(4) REPORTING
REQUIREMENT.—The Administrator shall 
submit annually to the Committee on Oversight and Govern-
ment Reform of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate a report on the use of the authority under this sub-
section, including the number of employees reemployed under 
authority of this subsection. 
(5) SUNSET PROVISION.—The authority under this subsection 
expires on December 31, 2011. 
§ 1704. Planning 
and 
policy-making 
for 
acquisition 
workforce 
(a) DEFINITIONS.—In this section: 
(1) 
ASSOCIATE
ADMINISTRATOR.—The 
term 
‘‘Associate 
Administrator’’ means the Associate Administrator for Acquisi-
tion Workforce Programs as designated by the Administrator 
pursuant to subsection (b). 
(2) CHIEF ACQUISITION OFFICER.—The term ‘‘Chief Acquisi-
tion Officer’’ means a Chief Acquisition Officer for an executive 
agency appointed pursuant to section 1702 of this title. 
(b) ASSOCIATE ADMINISTRATOR FOR ACQUISITION WORKFORCE PRO-
GRAMS.—The Administrator shall designate a member of the Senior 
Executive Service as the Associate Administrator for Acquisition 
Workforce Programs. The Associate Administrator shall be located 
in the Federal Acquisition Institute (or its successor). The Associate 
Administrator shall be responsible for— 
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124 STAT. 3707 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) supervising the acquisition workforce training fund estab-
lished under section 1703(i) of this title; 
(2) developing, in coordination with Chief Acquisition Officers 
and Chief Human Capital Officers, a strategic human capital 
plan for the acquisition workforce of the Federal Government; 
(3) reviewing and providing input to individual agency 
acquisition workforce succession plans; 
(4) recommending to the Administrator and other senior 
government officials appropriate programs, policies, and prac-
tices to increase the quantity and quality of the Federal acquisi-
tion workforce; and 
(5) carrying out other functions that the Administrator may 
assign. 
(c) ACQUISITION AND CONTRACTING TRAINING PROGRAMS WITHIN 
EXECUTIVE AGENCIES.— 
(1) CHIEF ACQUISITION OFFICER AUTHORITIES AND RESPON-
SIBILITIES.—Subject to the authority, direction, and control of 
the head of an executive agency, the Chief Acquisition Officer 
for that agency shall carry out all powers, functions, and duties 
of the head of the agency with respect to implementation of 
this subsection. The Chief Acquisition Officer shall ensure that 
the policies established by the head of the agency in accordance 
with this subsection are implemented throughout the agency. 
(2) REQUIREMENT.—The head of each executive agency, after 
consultation with the Associate Administrator, shall establish 
and operate acquisition and contracting training programs. The 
programs shall— 
(A) have curricula covering a broad range of acquisition 
and contracting disciplines corresponding to the specific 
acquisition and contracting needs of the agency involved; 
(B) be developed and applied according to rigorous stand-
ards; and 
(C) be designed to maximize efficiency, through the use 
of self-paced courses, online courses, on-the-job training, 
and the use of remote instructors, wherever those features 
can be applied without reducing the effectiveness of the 
training or negatively affecting academic standards. 
(d) GOVERNMENT-WIDE POLICIES AND EVALUATION.—The Adminis-
trator shall issue policies to promote the development of perform-
ance standards for training and uniform implementation of this 
section by executive agencies, with due regard for differences in 
program requirements among agencies that may be appropriate 
and warranted in view of the agency mission. The Administrator 
shall evaluate the implementation of the provisions of subsection 
(c) by executive agencies. 
(e) INFORMATION ON ACQUISITION AND CONTRACTING TRAINING.— 
The Administrator shall ensure that the heads of executive agencies 
collect and maintain standardized information on the acquisition 
and contracting workforce related to the implementation of sub-
section (c). 
(f) ACQUISITION
WORKFORCE
HUMAN
CAPITAL
SUCCESSION 
PLAN.— 
(1) IN GENERAL.—Each Chief Acquisition Officer for an execu-
tive agency shall develop, in consultation with the Chief Human 
Capital Officer for the agency and the Associate Administrator, 
a succession plan consistent with the agency’s strategic human 
capital plan for the recruitment, development, and retention 
of the agency’s acquisition workforce, with a particular focus 
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124 STAT. 3708 
PUBLIC LAW 111–350—JAN. 4, 2011 
on warranted contracting officers and program managers of 
the agency. 
(2) CONTENT OF PLAN.—The acquisition workforce succession 
plan shall address— 
(A) recruitment goals for personnel from procurement 
intern programs; 
(B) the agency’s acquisition workforce training needs; 
(C) actions to retain high performing acquisition profes-
sionals who possess critical relevant skills; 
(D) recruitment goals for personnel from the Federal 
Career Intern Program; and 
(E) recruitment goals for personnel from the Presidential 
Management Fellows Program. 
(g) ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.— 
(1) PURPOSE.—The purpose of this subsection is to authorize 
the preparation and completion of the Acquisition Workforce 
Development Strategic Plan, which is a plan for Federal agen-
cies other than the Department of Defense to— 
(A) develop a specific and actionable 5-year plan to 
increase the size of the acquisition workforce; and 
(B) operate a government-wide acquisition intern pro-
gram for the Federal agencies. 
(2) ESTABLISHMENT OF PLAN.—The Associate Administrator 
shall be responsible for the management, oversight, and 
administration of the Acquisition Workforce Development Stra-
tegic Plan in cooperation and consultation with the Office of 
Federal Procurement Policy and with the assistance of the 
Federal Acquisition Institute. 
(3) CRITERIA.—The Acquisition Workforce Development Stra-
tegic Plan shall include an examination of the following mat-
ters: 
(A) The variety and complexity of acquisitions conducted 
by each Federal agency covered by the plan, and the 
workforce needed to effectively carry out the acquisitions. 
(B) The development of a sustainable funding model to 
support efforts to hire, retain, and train an acquisition 
workforce of appropriate size and skill to effectively carry 
out the acquisition programs of the Federal agencies cov-
ered by the plan, including an examination of interagency 
funding methods and a discussion of how the model of 
the Defense Acquisition Workforce Development Fund 
could be applied to civilian agencies. 
(C) Any strategic human capital planning necessary to 
hire, retain, and train an acquisition workforce of appro-
priate size and skill at each Federal agency covered by 
the plan. 
(D) Methodologies that Federal agencies covered by the 
plan can use to project future acquisition workforce per-
sonnel hiring requirements, including an appropriate dis-
tribution of such personnel across each category of positions 
designated as acquisition workforce personnel under section 
1703(g) of this title. 
(E) Government-wide training standards and certification 
requirements necessary to enhance the mobility and career 
opportunities of the Federal acquisition workforce within 
the Federal agencies covered by the plan. 
(F) If the Associate Administrator recommends as part 
of the plan a growth in the acquisition workforce of the 
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124 STAT. 3709 
PUBLIC LAW 111–350—JAN. 4, 2011 
Federal agencies covered by the plan below 25 percent 
over the next 5 years, an examination of each of the matters 
specified in subparagraphs (A) to (E) in the context of 
a 5-year plan that increases the size of such acquisition 
workforce by not less than 25 percent, or an explanation 
why such a level of growth would not be in the best interest 
of the Federal Government. 
(4) DEADLINE FOR COMPLETION.—The Acquisition Workforce 
Development Strategic Plan shall be completed not later than 
one year after October 14, 2008, and in a fashion that allows 
for immediate implementation of its recommendations and 
guidelines. 
(5) FUNDS.—The acquisition workforce development strategic 
plan shall be funded from the acquisition workforce training 
fund under section 1703(i) of this title. 
(h) 
TRAINING
IN
THE
ACQUISITION
OF
ARCHITECT
AND 
ENGINEERING SERVICES.—The Administrator shall ensure that a 
sufficient number of Federal employees are trained in the acquisi-
tion of architect and engineering services. 
(i) UTILIZATION OF RECRUITMENT AND RETENTION AUTHORITIES.— 
The Administrator, in coordination with the Director of the Office 
of Personnel Management, shall encourage executive agencies to 
use existing authorities, including direct hire authority and tuition 
assistance programs, to recruit and retain acquisition personnel 
and consider recruiting acquisition personnel who may be retiring 
from the private sector, consistent with existing laws and regula-
tions. 
§ 1705. Advocates for competition 
(a) ESTABLISHMENT AND DESIGNATION.— 
(1) ESTABLISHMENT.—Each executive agency has an advocate 
for competition. 
(2) DESIGNATION.—The head of each executive agency shall— 
(A) designate for the executive agency and for each pro-
curing activity of the executive agency one officer or 
employee serving in a position authorized for the executive 
agency on July 18, 1984 (other than the senior procurement 
executive designated pursuant to section 1702(c) of this 
title) to serve as the advocate for competition; 
(B) not assign those officers or employees duties or 
responsibilities that are inconsistent with the duties and 
responsibilities of the advocates for competition; and 
(C) provide those officers or employees with the staff 
or assistance necessary to carry out the duties and respon-
sibilities of the advocate for competition, such as individ-
uals who are specialists in engineering, technical oper-
ations, contract administration, financial management, 
supply management, and utilization of small and disadvan-
taged business concerns. 
(b) DUTIES
AND FUNCTIONS.—The advocate for competition of 
an executive agency shall— 
(1) be responsible for challenging barriers to, and promoting 
full and open competition in, the procurement of property and 
services by the executive agency; 
(2) review the procurement activities of the executive agency; 
(3) identify and report to the senior procurement executive 
of the executive agency— 
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124 STAT. 3710 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) opportunities and actions taken to achieve full and 
open competition in the procurement activities of the execu-
tive agency; and 
(B) any condition or action which has the effect of 
unnecessarily restricting competition in the procurement 
actions of the executive agency; 
(4) prepare and transmit to the senior procurement executive 
an annual report describing— 
(A) the advocate’s activities under this section; 
(B) new initiatives required to increase competition; and 
(C) remaining barriers to full and open competition; 
(5) recommend to the senior procurement executive— 
(A) goals and the plans for increasing competition on 
a fiscal year basis; and 
(B) a system of personal and organizational account-
ability for competition, which may include the use of rec-
ognition and awards to motivate program managers, con-
tracting officers, and others in authority to promote com-
petition in procurement programs; and 
(6) describe other ways in which the executive agency has 
emphasized competition in programs for procurement training 
and research. 
(c) RESPONSIBILITIES.—The advocate for competition for each pro-
curing activity is responsible for promoting full and open competi-
tion, promoting the acquisition of commercial items, and challenging 
barriers to acquisition, including unnecessarily restrictive state-
ments of need, unnecessarily detailed specifications, and unneces-
sarily burdensome contract clauses. 
§ 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. 
§ 1707. Publication of proposed regulations 
(a) COVERED POLICIES, REGULATIONS, PROCEDURES, AND FORMS.— 
(1) REQUIRED COMMENT PERIOD.—Except as provided in sub-
section (d), a procurement policy, regulation, procedure, or form 
(including an amendment or modification thereto) may not 
take effect until 60 days after it is published for public comment 
in the Federal Register pursuant to subsection (b) if it— 
(A) relates to the expenditure of appropriated funds; 
and 
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124 STAT. 3711 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B)(i) has a significant effect beyond the internal oper-
ating procedures of the agency issuing the policy, regula-
tion, procedure, or form; or 
(ii) has a significant cost or administrative impact on 
contractors or offerors. 
(2) EXCEPTION.—A policy, regulation, procedure, or form may 
take effect earlier than 60 days after the publication date 
when there are compelling circumstances for the earlier effec-
tive date, but the effective date may not be less than 30 days 
after the publication date. 
(b) PUBLICATION IN FEDERAL REGISTER AND COMMENT PERIOD.— 
Subject to subsection (c), the head of the agency shall have pub-
lished in the Federal Register a notice of the proposed procurement 
policy, regulation, procedure, or form and provide for a public com-
ment period for receiving and considering the views of all interested 
parties on the proposal. The length of the comment period may 
not be less than 30 days. 
(c) CONTENTS
OF NOTICE.—Notice of a proposed procurement 
policy, regulation, procedure, or form prepared for publication in 
the Federal Register shall include— 
(1) the text of the proposal or, if it is impracticable to publish 
the full text of the proposal, a summary of the proposal and 
a statement specifying the name, address, and telephone 
number of the officer or employee of the executive agency 
from whom the full text may be obtained; and 
(2) a request for interested parties to submit comments on 
the proposal and the name and address of the officer or 
employee of the Federal Government designated to receive the 
comments. 
(d) WAIVER.—The requirements of subsections (a) and (b) may 
be waived by the officer authorized to issue a procurement policy, 
regulation, procedure, or form if urgent and compelling cir-
cumstances make compliance with the requirements impracticable. 
(e) EFFECTIVENESS
OF POLICY, REGULATION, PROCEDURE, OR 
FORM.— 
(1) TEMPORARY
BASIS.—A procurement policy, regulation, 
procedure, or form for which the requirements of subsections 
(a) and (b) are waived under subsection (d) is effective on 
a temporary basis if— 
(A) a notice of the policy, regulation, procedure, or form 
is published in the Federal Register and includes a state-
ment that the policy, regulation, procedure, or form is 
temporary; and 
(B) provision is made for a public comment period of 
30 days beginning on the date on which the notice is 
published. 
(2) FINAL POLICY, REGULATION, PROCEDURE, OR FORM.—After 
considering the comments received, the head of the agency 
waiving the requirements of subsections (a) and (b) under sub-
section (d) may issue the final procurement policy, regulation, 
procedure, or form. 
§ 1708. Procurement notice 
(a) NOTICE REQUIREMENT.—Except as provided in subsection (b)— 
(1) an executive agency intending to solicit bids or proposals 
for a contract for property or services for a price expected 
to exceed $10,000, but not to exceed $25,000, shall post, for 
not less than 10 days, in a public place at the contracting 
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124 STAT. 3712 
PUBLIC LAW 111–350—JAN. 4, 2011 
office issuing the solicitation a notice of solicitation described 
in subsection (c); 
(2) an executive agency shall publish a notice of solicitation 
described in subsection (c) if the agency intends to— 
(A) solicit bids or proposals for a contract for property 
or services for a price expected to exceed $25,000; or 
(B) place an order, expected to exceed $25,000, under 
a basic agreement, basic ordering agreement, or similar 
arrangement; and 
(3) an executive agency awarding a contract for property 
or services for a price exceeding $25,000, or placing an order 
exceeding $25,000 under a basic agreement, basic ordering 
agreement, or similar arrangement, shall furnish for publication 
a notice announcing the award or order if there is likely to 
be a subcontract under the contract or order. 
(b) EXEMPTIONS.— 
(1) IN GENERAL.—A notice is not required under subsection 
(a) if— 
(A) the proposed procurement is for an amount not 
greater than the simplified acquisition threshold and is 
to be conducted by— 
(i) using widespread electronic public notice of the 
solicitation in a form that allows convenient and uni-
versal user access through a single, Government-wide 
point of entry; and 
(ii) permitting the public to respond to the solicita-
tion electronically; 
(B) the notice would disclose the executive agency’s needs 
and disclosure would compromise national security; 
(C) the proposed procurement would result from accept-
ance of— 
(i) an unsolicited proposal that demonstrates a 
unique and innovative research concept and publica-
tion of a notice of the unsolicited research proposal 
would disclose the originality of thought or innovative-
ness of the proposal or would disclose proprietary 
information associated with the proposal; or 
(ii) a proposal submitted under section 9 of the Small 
Business Act (15 U.S.C. 638); 
(D) the procurement is made against an order placed 
under a requirements contract, a task order contract, or 
a delivery order contract; 
(E) the procurement is made for perishable subsistence 
supplies; 
(F) the procurement is for utility services, other than 
telecommunication services, and only one source is avail-
able; or 
(G) the procurement is for the services of an expert 
for use in any litigation or dispute (including any reason-
ably foreseeable litigation or dispute) involving the Federal 
Government in a trial, hearing, or proceeding before a 
court, administrative tribunal, or agency, or in any part 
of an alternative dispute resolution process, whether or 
not the expert is expected to testify. 
(2) CERTAIN PROCUREMENTS.—The requirements of subsection 
(a)(2) do not apply to a procurement— 
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124 STAT. 3713 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) under conditions described in paragraph (2), (3), (4), 
(5), or (7) of section 3304(a) of this title or paragraph 
(2), (3), (4), (5), or (7) of section 2304(c) of title 10; or 
(B) for which the head of the executive agency makes 
a determination in writing, after consultation with the 
Administrator and the Administrator of the Small Business 
Administration, that it is not appropriate or reasonable 
to publish a notice before issuing a solicitation. 
(3) 
IMPLEMENTATION
CONSISTENT
WITH
INTERNATIONAL 
AGREEMENTS.—Paragraph (1)(A) shall be implemented in a 
manner consistent with applicable international agreements. 
(c) CONTENTS OF NOTICE.—Each notice of solicitation required 
by paragraph (1) or (2) of subsection (a) shall include— 
(1) an accurate description of the property or services to 
be contracted for, which description— 
(A) shall not be unnecessarily restrictive of competition; 
and 
(B) shall include, as appropriate, the agency nomen-
clature, National Stock Number or other part number, 
and a brief description of the item’s form, fit, or function, 
physical dimensions, predominant material of manufacture, 
or similar information that will assist a prospective con-
tractor to make an informed business judgment as to 
whether a copy of the solicitation should be requested; 
(2) provisions that— 
(A)(i) state whether the technical data required to 
respond to the solicitation will not be furnished as part 
of the solicitation; and 
(ii) identify the source in the Federal Government, if 
any, from which the technical data may be obtained; and 
(B)(i) state whether an offeror or its product or service 
must meet a qualification requirement in order to be 
eligible for award; and 
(ii) if so, identify the office from which the qualification 
requirement may be obtained; 
(3) the name, business address, and telephone number of 
the contracting officer; 
(4) a statement that all responsible sources may submit a 
bid, proposal, or quotation (as appropriate) that the agency 
shall consider; 
(5) in the case of a procurement using procedures other 
than competitive procedures, a statement of the reason justi-
fying the use of those procedures and the identity of the 
intended source; and 
(6) in the case of a contract in an amount estimated to 
be greater than $25,000 but not greater than the simplified 
acquisition threshold, or a contract for the procurement of 
commercial items using special simplified procedures— 
(A) a description of the procedures to be used in awarding 
the contract; and 
(B) a statement specifying the periods for prospective 
offerors and the contracting officer to take the necessary 
preaward and award actions. 
(d) ELECTRONIC PUBLICATION OF NOTICE OF SOLICITATION, AWARD, 
OR ORDER.—A notice of solicitation, award, or order required to 
be published under subsection (a) shall be published by electronic 
means. The notice must be electronically accessible in a form that 
allows convenient and universal user access through the single 
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124 STAT. 3714 
PUBLIC LAW 111–350—JAN. 4, 2011 
Government-wide point of entry designated in the Federal Acquisi-
tion Regulation. 
(e) TIME LIMITATIONS.— 
(1) ISSUING NOTICE OF SOLICITATION AND ESTABLISHING DEAD-
LINE
FOR
SUBMITTING
BIDS
AND
PROPOSALS.—An executive 
agency required by subsection (a)(2) to publish a notice of 
solicitation may not— 
(A) issue the solicitation earlier than 15 days after the 
date on which the notice is published; or 
(B) in the case of a contract or order expected to be 
greater than the simplified acquisition threshold, establish 
a deadline for the submission of all bids or proposals in 
response to the notice required by subsection (a)(2) that— 
(i) in the case of a solicitation for research and 
development, is earlier than 45 days after the date 
the notice required for a bid or proposal for a contract 
described in subsection (a)(2)(A) is published; 
(ii) in the case of an order under a basic agreement, 
basic ordering agreement, or similar arrangement, is 
earlier than 30 days after the date the notice required 
for an order described in subsection (a)(2)(B) is pub-
lished; or 
(iii) in any other case, is earlier than 30 days after 
the date the solicitation is issued. 
(2) ESTABLISHING
DEADLINE
WHEN
NONE
PROVIDED
BY 
STATUTE.—An executive agency shall establish a deadline for 
the submission of all bids or proposals in response to a solicita-
tion for which a deadline is not provided by statute. Each 
deadline for the submission of offers shall afford potential 
offerors a reasonable opportunity to respond. 
(3) FLEXIBLE DEADLINES.—The Administrator shall prescribe 
regulations defining limited circumstances in which flexible 
deadlines can be used under paragraph (1) for the issuance 
of solicitations and the submission of bids or proposals for 
the procurement of commercial items. 
(f) CONSIDERATION OF CERTAIN TIMELY RECEIVED OFFERS.—An 
executive agency intending to solicit offers for a contract for which 
a notice of solicitation is required to be posted under subsection 
(a)(1) shall ensure that contracting officers consider each responsive 
offer timely received from an offeror. 
(g) AVAILABILITY OF COMPLETE SOLICITATION PACKAGE AND PAY-
MENT
OF FEE.—An executive agency shall make available to a 
business concern, or the authorized representative of a concern, 
the complete solicitation package for any on-going procurement 
announced pursuant to a notice of solicitation under subsection 
(a). An executive agency may require the payment of a fee, not 
exceeding the actual cost of duplication, for a copy of the package. 
§ 1709. Contracting functions performed by Federal per-
sonnel 
(a) COVERED PERSONNEL.—Personnel referred to in subsection 
(b) are— 
(1) an employee, as defined in section 2105 of title 5; 
(2) a member of the armed forces; and 
(3) an individual assigned to a Federal agency pursuant 
to subchapter VI of chapter 33 of title 5. 
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124 STAT. 3715 
PUBLIC LAW 111–350—JAN. 4, 2011 
(b) LIMITATION ON PAYMENT FOR ADVISORY AND ASSISTANCE SERV-
ICES.—No individual who is not an individual described in sub-
section (a) may be paid by an executive agency for services to 
conduct evaluations or analyses of any aspect of a proposal sub-
mitted for an acquisition unless personnel described in subsection 
(a) with adequate training and capabilities to perform the evalua-
tions and analyses are not readily available in the agency or another 
Federal agency. When administering this subsection, the head of 
each executive agency shall determine in accordance with standards 
and procedures prescribed in the Federal Acquisition Regulation 
whether— 
(1) a sufficient number of personnel described in subsection 
(a) in the agency or another Federal agency are readily avail-
able to perform a particular evaluation or analysis for the 
head of the executive agency making the determination; and 
(2) the readily available personnel have the training and 
capabilities necessary to perform the evaluation or analysis. 
(c) CERTAIN RELATIONSHIP NOT AFFECTED.—This section does 
not affect the relationship between the Federal Government and 
a Federally funded research and development center. 
§ 1710. Public-private competition required before conver-
sion to contractor performance 
(a) PUBLIC-PRIVATE COMPETITION.— 
(1) WHEN
CONVERSION
TO
CONTRACTOR
PERFORMANCE
IS 
ALLOWED.—A function of an executive agency performed by 
10 or more agency civilian employees may not be converted, 
in whole or in part, to performance by a contractor unless 
the conversion is based on the results of a public-private com-
petition that— 
(A) formally compares the cost of performance of the 
function by agency civilian employees with the cost of 
performance by a contractor; 
(B) creates an agency tender, including a most efficient 
organization plan, in accordance with Office of Management 
and Budget Circular A76, as implemented on May 29, 
2003, or any successor circular; 
(C) includes the issuance of a solicitation; 
(D) determines whether the submitted offers meet the 
needs of the executive agency with respect to factors other 
than cost, including quality, reliability, and timeliness; 
(E) examines the cost of performance of the function 
by agency civilian employees and the cost of performance 
of the function by one or more contractors to demonstrate 
whether converting to performance by a contractor will 
result in savings to the Federal Government over the life 
of the contract, including— 
(i) the estimated cost to the Federal Government 
(based on offers received) for performance of the func-
tion by a contractor; 
(ii) the estimated cost to the Federal Government 
for performance of the function by agency civilian 
employees; and 
(iii) an estimate of all other costs and expenditures 
that the Federal Government would incur because of 
the award of the contract; 
(F) requires continued performance of the function by 
agency civilian employees unless the difference in the cost 
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124 STAT. 3716 
PUBLIC LAW 111–350—JAN. 4, 2011 
of performance of the function by a contractor compared 
to the cost of performance of the function by agency civilian 
employees would, over all performance periods required 
by the solicitation, be equal to or exceed the lesser of— 
(i) 10 percent of the personnel-related costs for 
performance of that function in the agency tender; 
or 
(ii) $10,000,000; and 
(G) examines the effect of performance of the function 
by a contractor on the agency mission associated with 
the performance of the function. 
(2) NOT A NEW REQUIREMENT.—A function that is performed 
by the executive agency and is reengineered, reorganized, mod-
ernized, upgraded, expanded, or changed to become more effi-
cient, but still essentially provides the same service, shall not 
be considered a new requirement. 
(3) PROHIBITIONS.—In no case may a function being per-
formed by executive agency personnel be— 
(A) modified, reorganized, divided, or in any way changed 
for the purpose of exempting the conversion of the function 
from the requirements of this section; or 
(B) converted to performance by a contractor to cir-
cumvent a civilian personnel ceiling. 
(b) CONSULTING WITH AFFECTED EMPLOYEES
OR THEIR REP-
RESENTATIVES.— 
(1) CONSULTING WITH AFFECTED EMPLOYEES.—Each civilian 
employee of an executive agency responsible for determining 
under Office of Management and Budget Circular A76 whether 
to convert to contractor performance any function of the execu-
tive agency— 
(A) shall, at least monthly during the development and 
preparation of the performance work statement and the 
management efficiency study used in making that deter-
mination, consult with civilian employees who will be 
affected by that determination and consider the views of 
the employees on the development and preparation of that 
statement and that study; and 
(B) may consult with the employees on other matters 
relating to that determination. 
(2) CONSULTING WITH REPRESENTATIVES.— 
(A) EMPLOYEES
REPRESENTED
BY
A
LABOR
ORGANIZA-
TION.—In the case of employees represented by a labor 
organization accorded exclusive recognition under section 
7111 of title 5, consultation with representatives of that 
labor organization shall satisfy the consultation require-
ment in paragraph (1). 
(B) EMPLOYEES NOT REPRESENTED BY A LABOR ORGANIZA-
TION.—In the case of employees other than employees 
referred to in subparagraph (A), consultation with appro-
priate representatives of those employees shall satisfy the 
consultation requirement in paragraph (1). 
(3) REGULATIONS.—The head of each executive agency shall 
prescribe regulations to carry out this subsection. The regula-
tions shall include provisions for the selection or designation 
of appropriate representatives of employees referred to in para-
graph (2)(B) for purposes of consultation required by paragraph 
(1). 
(c) CONGRESSIONAL NOTIFICATION.— 
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124 STAT. 3717 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) REPORT.—Before commencing a public-private competition 
under subsection (a), the head of an executive agency shall 
submit to Congress a report containing the following: 
(A) The function for which the public-private competition 
is to be conducted. 
(B) The location at which the function is performed by 
agency civilian employees. 
(C) The number of agency civilian employee positions 
potentially affected. 
(D) The anticipated length and cost of the public-private 
competition, and a specific identification of the budgetary 
line item from which funds will be used to cover the cost 
of the public-private competition. 
(E) A certification that a proposed performance of the 
function by a contractor is not a result of a decision by 
an official of an executive agency to impose predetermined 
constraints or limitations on agency civilian employees in 
terms of man years, end strengths, full-time equivalent 
positions, or maximum number of employees. 
(2) EXAMINATION
OF
POTENTIAL
ECONOMIC
EFFECT.—The 
report required under paragraph (1) shall include an examina-
tion of the potential economic effect of performance of the 
function by a contractor on— 
(A) agency civilian employees who would be affected by 
such a conversion in performance; and 
(B) the local community and the Federal Government, 
if more than 50 agency civilian employees perform the 
function. 
(3) OBJECTIONS TO PUBLIC-PRIVATE COMPETITION.— 
(A) GROUNDS.—A representative individual or entity at 
a facility where a public-private competition is conducted 
may submit to the head of the executive agency an objection 
to the public-private competition on the grounds that— 
(i) the report required by paragraph (1) has not 
been submitted; or 
(ii) the certification required by paragraph (1)(E) 
was not included in the report required by paragraph 
(1). 
(B) DEADLINES.—The objection shall be in writing and 
shall be submitted within 90 days after the following date: 
(i) In the case of a failure to submit the report 
when required, the date on which the representative 
individual or an official of the representative entity 
authorized to pose the objection first knew or should 
have known of that failure. 
(ii) In the case of a failure to include the certification 
in a submitted report, the date on which the report 
was submitted to Congress. 
(C) REPORT AND CERTIFICATION REQUIRED BEFORE SOLICI-
TATION OR AWARD OF CONTRACT.—If the head of the execu-
tive agency determines that the report required by para-
graph (1) was not submitted or that the required certifi-
cation was not included in the submitted report, the func-
tion for which the public-private competition was conducted 
for which the objection was submitted may not be the 
subject of a solicitation of offers for, or award of, a contract 
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124 STAT. 3718 
PUBLIC LAW 111–350—JAN. 4, 2011 
until, respectively, the report is submitted or a report con-
taining the certification in full compliance with the certifi-
cation requirement is submitted. 
(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES 
OF THE BLIND AND OTHER SEVERELY DISABLED PEOPLE.—This sec-
tion shall not apply to a commercial or industrial type function 
of an executive agency that is— 
(1) included on the procurement list established pursuant 
to section 8503 of this title; or 
(2) planned to be changed to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely disabled people in accordance with chapter 
85 of this title. 
(e) INAPPLICABILITY DURING WAR OR EMERGENCY.—The provisions 
of this section shall not apply during war or during a period of 
national emergency declared by the President or Congress. 
§ 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. 
§ 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 con-
tract 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 con-
ducted the procurement. 
(c) SEPARATE RECORD CATEGORY FOR PROCUREMENTS RESULTING 
IN ONE BID OR PROPOSAL.—Information included in a record pursu-
ant 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— 
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124 STAT. 3719 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) ensure the accuracy of the information included in the 
record established and maintained by the agency under sub-
section (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. 
§ 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 con-
trolled 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 con-
cerns owned and controlled by socially and economically disadvan-
taged individuals, by gender, that are first time recipients of con-
tracts 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. 
CHAPTER 19—SIMPLIFIED ACQUISITION PROCEDURES 
Sec. 
1901.
Simplified acquisition procedures. 
1902.
Procedures applicable to purchases below micro-purchase threshold. 
1903.
Special emergency procurement authority. 
1904.
Certain transactions for defense against attack. 
1905.
List of laws inapplicable to contracts or subcontracts not greater than sim-
plified acquisition threshold. 
1906.
List of laws inapplicable to procurements of commercial items. 
1907.
List of laws inapplicable to procurements of commercially available off-the- 
shelf items. 
1908.
Inflation adjustment of acquisition-related dollar thresholds. 
§ 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 reason-
ably expects, based on the nature of the property or services 
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124 STAT. 3720 
PUBLIC LAW 111–350—JAN. 4, 2011 
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 sim-
plified 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 Regula-
tion 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 Acquisi-
tion 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. 
§ 1902. Procedures applicable to purchases below micro-pur-
chase threshold 
(a) DEFINITION.—For purposes of this section, the micro-purchase 
threshold is $3,000. 
(b) COMPLIANCE WITH CERTAIN REQUIREMENTS AND NONAPPLICA-
BILITY OF CERTAIN AUTHORITY.— 
(1) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The head of 
each executive agency shall ensure that procuring activities 
of that agency, when awarding a contract with a price exceeding 
the micro-purchase threshold, comply with the requirements 
of section 8(a) of the Small Business Act (15 U.S.C. 637(a)), 
section 2323 of title 10, and section 7102 of the Federal Acquisi-
tion Streamlining Act of 1994 (Public Law 103–355, 15 U.S.C. 
644 note). 
(2) NONAPPLICABILITY OF CERTAIN AUTHORITY.—The authority 
under part 13.106(a)(1) of the Federal Acquisition Regulation 
(48 C.F.R. 13.106(a)(1)), as in effect on November 18, 1993, 
to make purchases without securing competitive quotations 
does not apply to a purchase with a price exceeding the micro- 
purchase threshold. 
(c) NONAPPLICABILITY
OF CERTAIN PROVISIONS.—An executive 
agency purchase with an anticipated value of the micro-purchase 
threshold or less is not subject to section 15(j) of the Small Business 
Act (15 U.S.C. 644(j)) and chapter 83 of this title. 
(d) PURCHASES WITHOUT COMPETITIVE QUOTATIONS.—A purchase 
not greater than $3,000 may be made without obtaining competitive 
quotations if an employee of an executive agency or a member 
of the armed forces, authorized to do so, determines that the price 
for the purchase is reasonable. 
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124 STAT. 3721 
PUBLIC LAW 111–350—JAN. 4, 2011 
(e) EQUITABLE DISTRIBUTION.—Purchases not greater than $3,000 
shall be distributed equitably among qualified suppliers. 
(f) IMPLEMENTATION THROUGH FEDERAL ACQUISITION REGULA-
TION.—This section shall be implemented through the Federal 
Acquisition Regulation. 
§ 1903. Special emergency procurement authority 
(a) APPLICABILITY.—The authorities provided in subsections (b) 
and (c) apply with respect to a procurement of property or services 
by or for an executive agency that the head of the executive agency 
determines are to be used— 
(1) in support of a contingency operation (as defined in section 
101(a) of title 10); or 
(2) to facilitate the defense against or recovery from nuclear, 
biological, chemical, or radiological attack against the United 
States. 
(b) INCREASED THRESHOLDS AND LIMITATION.—For a procurement 
to which this section applies under subsection (a)— 
(1) the amount specified in section 1902(a), (d), and (e) of 
this title shall be deemed to be— 
(A) $15,000 in the case of a contract to be awarded 
and performed, or purchase to be made, in the United 
States; and 
(B) $25,000 in the case of a contract to be awarded 
and performed, or purchase to be made, outside the United 
States; 
(2) the term ‘‘simplified acquisition threshold’’ means— 
(A) $250,000 in the case of a contract to be awarded 
and performed, or purchase to be made, in the United 
States; and 
(B) $1,000,000 in the case of a contract to be awarded 
and performed, or purchase to be made, outside the United 
States; and 
(3) the $5,000,000 limitation in sections 1901(a)(2) and 
3305(a)(2) of this title and section 2304(g)(1)(B) of title 10 
is deemed to be $10,000,000. 
(c) AUTHORITY TO TREAT PROPERTY OR SERVICE AS COMMERCIAL 
ITEM.— 
(1) IN GENERAL.—The head of an executive agency carrying 
out a procurement of property or a service to which this section 
applies under subsection (a)(2) may treat the property or service 
as a commercial item for the purpose of carrying out the 
procurement. 
(2) CERTAIN CONTRACTS NOT EXEMPT FROM STANDARDS OR 
REQUIREMENTS.—A contract in an amount of more than 
$15,000,000 that is awarded on a sole source basis for an 
item or service treated as a commercial item under paragraph 
(1) is not exempt from— 
(A) cost accounting standards prescribed under section 
1502 of this title; or 
(B) cost or pricing data requirements (commonly referred 
to as truth in negotiating) under chapter 35 of this title 
and section 2306a of title 10. 
§ 1904. Certain transactions for defense against attack 
(a) AUTHORITY.— 
(1) IN
GENERAL.—The head of an executive agency that 
engages in basic research, applied research, advanced research, 
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124 STAT. 3722 
PUBLIC LAW 111–350—JAN. 4, 2011 
and development projects that are necessary to the responsibil-
ities of the executive agency in the field of research and develop-
ment and have the potential to facilitate defense against or 
recovery from terrorism or nuclear, biological, chemical, or 
radiological attack may exercise the same authority (subject 
to the same restrictions and conditions) with respect to the 
research and projects as the Secretary of Defense may exercise 
under section 2371 of title 10, except for subsections (b) and 
(f) of section 2371. 
(2) PROTOTYPE PROJECTS.—The head of an executive agency, 
under the authority of paragraph (1), may carry out prototype 
projects that meet the requirements of paragraph (1) in accord-
ance with the requirements and conditions provided for carrying 
out prototype projects under section 845 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103–160, 
10 U.S.C. 2371 note), including that, to the maximum extent 
practicable, competitive procedures shall be used when entering 
into agreements to carry out projects under section 845(a) of 
that Act and that the period of authority to carry out projects 
under section 845(a) of that Act terminates as provided in 
section 845(i) of that Act. 
(3) APPLICATION
OF
REQUIREMENTS
AND
CONDITIONS.—In 
applying the requirements and conditions of section 845 of 
that Act under this subsection— 
(A) section 845(c) of that Act shall apply with respect 
to prototype projects carried out under paragraph (2); and 
(B) the Director of the Office of Management and Budget 
shall perform the functions of the Secretary of Defense 
under section 845(d) of that Act. 
(4) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES.— 
(A) OFFICE
OF
MANAGEMENT
AND
BUDGET.—The head 
of an executive agency may exercise authority under this 
subsection for a project only if authorized by the Director 
of the Office of Management and Budget. 
(B) DEPARTMENT
OF
HOMELAND
SECURITY.—Authority 
under this subsection does not apply to the Secretary of 
Homeland Security while section 831 of the Homeland 
Security Act of 2002 (6 U.S.C. 391) is in effect. 
(b) REGULATIONS.—The Director of the Office of Management 
and Budget shall prescribe regulations to carry out this section. 
No transaction may be conducted under the authority of this section 
before the regulations take effect. 
(c) ANNUAL REPORT.—The annual report of the head of an execu-
tive agency that is required under section 2371(h) of title 10, as 
applied to the head of the executive agency by subsection (a), 
shall be submitted to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Representatives. 
(d) TERMINATION
OF AUTHORITY.—The authority to carry out 
transactions under subsection (a) terminates on September 30, 2008. 
§ 1905. List of laws inapplicable to contracts or subcontracts 
not greater than simplified acquisition threshold 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the 
meaning given that term in section 1301 of this title. 
(b) INCLUSION IN FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—The Federal Acquisition Regulation shall 
include a list of provisions of law that are inapplicable to 
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124 STAT. 3723 
PUBLIC LAW 111–350—JAN. 4, 2011 
contracts or subcontracts in amounts not greater than the 
simplified acquisition threshold. A provision of law properly 
included on the list pursuant to paragraph (2) does not apply 
to contracts or subcontracts in amounts not greater than the 
simplified acquisition threshold that are made by an executive 
agency. This section does not render a provision of law not 
included on the list inapplicable to contracts and subcontracts 
in amounts not greater than the simplified acquisition 
threshold. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of 
law described in subsection (c) that is enacted after October 
13, 1994, shall be included on the list of inapplicable provisions 
of laws required by paragraph (1) unless the Council makes 
a written determination that it would not be in the best interest 
of the Federal Government to exempt contracts or subcontracts 
in amounts not greater than the simplified acquisition threshold 
from the applicability of the provision. 
(c) COVERED LAW.—A provision of law referred to in subsection 
(b)(2) is a provision of law that the Council determines sets forth 
policies, procedures, requirements, or restrictions for the procure-
ment of property or services by the Federal Government, except 
for a provision of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, not-
withstanding this section, it shall be applicable to contracts 
or subcontracts in amounts not greater than the simplified 
acquisition threshold. 
(d) PETITION.—A person may petition the Administrator to take 
appropriate action when a provision of law described in subsection 
(c) is not included on the list of inapplicable provisions of law 
as required by subsection (b) and the Council has not made a 
written determination pursuant to subsection (b)(2). The Adminis-
trator shall revise the Federal Acquisition Regulation to include 
the provision on the list of inapplicable provisions of law unless 
the Council makes a determination pursuant to subsection (b)(2) 
within 60 days after the petition is received. 
§ 1906. List of laws inapplicable to procurements of commer-
cial items 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the 
meaning given that term in section 1301 of this title. 
(b) CONTRACTS.— 
(1) INCLUSION
IN
FEDERAL
ACQUISITION
REGULATION.—The 
Federal Acquisition Regulation shall include a list of provisions 
of law that are inapplicable to contracts for the procurement 
of commercial items. A provision of law properly included on 
the list pursuant to paragraph (2) does not apply to purchases 
of commercial items by an executive agency. This section does 
not render a provision of law not included on the list inappli-
cable to contracts for the procurement of commercial items. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of 
law described in subsection (d) that is enacted after October 
13, 1994, shall be included on the list of inapplicable provisions 
of law required by paragraph (1) unless the Council makes 
a written determination that it would not be in the best interest 
of the Federal Government to exempt contracts for the procure-
ment of commercial items from the applicability of the provi-
sion. 
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124 STAT. 3724 
PUBLIC LAW 111–350—JAN. 4, 2011 
(c) SUBCONTRACTS.— 
(1) DEFINITION.—In this subsection, the term ‘‘subcontract’’ 
includes a transfer of commercial items between divisions, 
subsidiaries, or affiliates of a contractor or subcontractor. 
(2) INCLUSION
IN
FEDERAL
ACQUISITION
REGULATION.—The 
Federal Acquisition Regulation shall include a list of provisions 
of law that are inapplicable to subcontracts under a contract 
or subcontract for the procurement of commercial items. A 
provision of law properly included on the list pursuant to para-
graph (3) does not apply to those subcontracts. This section 
does not render a provision of law not included on the list 
inapplicable to subcontracts under a contract for the procure-
ment of commercial items. 
(3) PROVISIONS
TO
BE
EXCLUDED
FROM
LIST.—A provision 
of law described in subsection (d) shall be included on the 
list of inapplicable provisions of law required by paragraph 
(2) unless the Council makes a written determination that 
it would not be in the best interest of the Federal Government 
to exempt subcontracts under a contract for the procurement 
of commercial items from the applicability of the provision. 
(4) WAIVER
NOT
AUTHORIZED.—This subsection does not 
authorize the waiver of the applicability of any provision of 
law with respect to any subcontract under a contract with 
a prime contractor reselling or distributing commercial items 
of another contractor without adding value. 
(d) COVERED LAW.—A provision of law referred to in subsections 
(b)(2) and (c) is a provision of law that the Council determines 
sets forth policies, procedures, requirements, or restrictions for the 
procurement of property or services by the Federal Government, 
except for a provision of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, not-
withstanding this section, it shall be applicable to contracts 
for the procurement of commercial items. 
(e) PETITION.—A person may petition the Administrator to take 
appropriate action when a provision of law described in subsection 
(d) is not included on the list of inapplicable provisions of law 
as required by subsection (b) or (c) and the Council has not made 
a written determination pursuant to subsection (b)(2) or (c)(3). 
The Administrator shall revise the Federal Acquisition Regulation 
to include the provision on the list of inapplicable provisions of 
law unless the Council makes a determination pursuant to sub-
section (b)(2) or (c)(3) within 60 days after the petition is received. 
§ 1907. List of laws inapplicable to procurements of commer-
cially available off-the-shelf items 
(a) INCLUSION IN FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—The Federal Acquisition Regulation shall 
include a list of provisions of law that are inapplicable to 
contracts for the procurement of commercially available off- 
the-shelf items. A provision of law properly included on the 
list pursuant to paragraph (2) does not apply to contracts 
for the procurement of commercially available off-the-shelf 
items. This section does not render a provision of law not 
included on the list inapplicable to contracts for the procure-
ment of commercially available off-the-shelf items. 
(2) LAWS
TO
BE
INCLUDED.—A provision of law described 
in subsection (b) shall be included on the list of inapplicable 
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124 STAT. 3725 
PUBLIC LAW 111–350—JAN. 4, 2011 
provisions of law required by paragraph (1) unless the Adminis-
trator makes a written determination that it would not be 
in the best interest of the Federal Government to exempt 
contracts for the procurement of commercially available off- 
the-shelf items from the applicability of the provision. 
(3) OTHER AUTHORITIES OR RESPONSIBILITIES NOT AFFECTED.— 
This section does not modify, supersede, impair, or restrict 
authorities or responsibilities under— 
(A) section 15 of the Small Business Act (15 U.S.C. 
644); or 
(B) bid protest procedures developed under the authority 
of— 
(i) subchapter V of chapter 35 of title 31; 
(ii) section 2305(e) and (f) of title 10; or 
(iii) sections 3706 and 3707 of this title. 
(b) COVERED LAW.—Except as provided in subsection (a)(3), a 
provision of law referred to in subsection (a)(1) is a provision of 
law that the Administrator determines imposes Federal Govern-
ment-unique policies, procedures, requirements, or restrictions for 
the procurement of property or services on persons whom the Fed-
eral Government has awarded contracts for the procurement of 
commercially available off-the-shelf items, except for a provision 
of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, not-
withstanding this section, it shall be applicable to contracts 
for the procurement of commercially available off-the-shelf 
items. 
§ 1908. Inflation adjustment of acquisition-related dollar 
thresholds 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the 
meaning given that term in section 1301 of this title. 
(b) APPLICATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
requirement for adjustment under subsection (c) applies to 
a dollar threshold that is specified in law as a factor in defining 
the scope of the applicability of a policy, procedure, requirement, 
or restriction provided in that law to the procurement of prop-
erty or services by an executive agency, as the Council deter-
mines. 
(2) EXCEPTIONS.—Subsection (c) does not apply to dollar 
thresholds— 
(A) in chapter 67 of this title; 
(B) in sections 3141 to 3144, 3146, and 3147 of title 
40; or 
(C) the United States Trade Representative establishes 
pursuant to title III of the Trade Agreements Act of 1979 
(19 U.S.C. 2511 et seq.). 
(3) RELATIONSHIP TO OTHER INFLATION ADJUSTMENT AUTHORI-
TIES.—This section supersedes the applicability of other provi-
sions of law that provide for the adjustment of a dollar threshold 
that is adjustable under this section. 
(c) REQUIREMENT FOR PERIODIC ADJUSTMENT.— 
(1) BASELINE
CONSTANT
DOLLAR
VALUE.—For purposes of 
paragraph (2), the baseline constant dollar value for a dollar 
threshold— 
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124 STAT. 3726 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) in effect on October 1, 2000, that was first specified 
in a law that took effect on or before October 1, 2000, 
is the October 1, 2000, constant dollar value of that dollar 
threshold; and 
(B) specified in a law that takes effect after October 
1, 2000, is the constant dollar value of that threshold 
as of the effective date of that dollar threshold pursuant 
to that law. 
(2) ADJUSTMENT.—On October 1 of each year evenly divisible 
by 5, the Council shall adjust each acquisition-related dollar 
threshold provided by law, as described in subsection (b)(1), 
to the baseline constant dollar value of that threshold. 
(3) EXCLUSIVE MEANS OF ADJUSTMENT.—A dollar threshold 
adjustable under this section shall be adjusted only as provided 
in this section. 
(d) PUBLICATION.—The Council shall publish a notice of the 
adjusted dollar thresholds under this section in the Federal Reg-
ister. The thresholds take effect on the date of publication. 
(e) CALCULATION.—An adjustment under this section shall be— 
(1) calculated on the basis of changes in the Consumer Price 
Index for all-urban consumers published monthly by the Sec-
retary of Labor; and 
(2) rounded, in the case of a dollar threshold that on the 
day before the adjustment is— 
(A) less than $10,000, to the nearest $500; 
(B) not less than $10,000, but less than $100,000, to 
the nearest $5,000; 
(C) not less than $100,000, but less than $1,000,000, 
to the nearest $50,000; and 
(D) $1,000,000 or more, to the nearest $500,000. 
(f) PETITION FOR INCLUSION OF OMITTED THRESHOLD.— 
(1) PETITION SUBMITTED TO ADMINISTRATOR.—A person may 
request adjustment of a dollar threshold adjustable under this 
section that is not included in a notice of adjustment published 
under subsection (d) by submitting a petition for adjustment 
to the Administrator. 
(2) ACTIONS
OF
ADMINISTRATOR.—On receipt of a petition 
for adjustment of a dollar threshold under paragraph (1), the 
Administrator— 
(A) shall determine, in writing, whether the dollar 
threshold is required to be adjusted under this section; 
and 
(B) on determining that it should be adjusted, shall pub-
lish in the Federal Register a revised notice of the adjust-
ment dollar thresholds under this section that includes 
the adjustment of the dollar threshold covered by the peti-
tion. 
(3) EFFECTIVE
DATE
OF
ADJUSTMENT
BY
PETITION.—The 
adjustment of a dollar threshold pursuant to a petition under 
this subsection takes effect on the date the revised notice adding 
the adjustment under paragraph (2)(B) is published. 
CHAPTER 21—RESTRICTIONS ON OBTAINING AND 
DISCLOSING CERTAIN INFORMATION 
Sec. 
2101.
Definitions. 
2102.
Prohibitions on disclosing and obtaining procurement information. 
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124 STAT. 3727 
PUBLIC LAW 111–350—JAN. 4, 2011 
2103.
Actions required of procurement officers when contacted regarding non-Fed-
eral employment. 
2104.
Prohibition on former official’s acceptance of compensation from contractor. 
2105.
Penalties and administrative actions. 
2106.
Reporting information believed to constitute evidence of offense. 
2107.
Savings provisions. 
§ 2101. Definitions 
In this chapter: 
(1) CONTRACTING
OFFICER.—The term ‘‘contracting officer’’ 
means an individual who, by appointment in accordance with 
applicable regulations, has the authority to enter into a Federal 
agency procurement contract on behalf of the Government and 
to make determinations and findings with respect to the con-
tract. 
(2) CONTRACTOR BID OR PROPOSAL INFORMATION.—The term 
‘‘contractor bid or proposal information’’ means any of the fol-
lowing information submitted to a Federal agency as part of, 
or in connection with, a bid or proposal to enter into a Federal 
agency procurement contract, if that information previously 
has not been made available to the public or disclosed publicly: 
(A) Cost or pricing data (as defined in section 2306a(h) 
of title 10 with respect to procurements subject to that 
section and section 3501(a) of this title with respect to 
procurements subject to that section). 
(B) Indirect costs and direct labor rates. 
(C) Proprietary information about manufacturing proc-
esses, operations, or techniques marked by the contractor 
in accordance with applicable law or regulation. 
(D) Information marked by the contractor as ‘‘contractor 
bid or proposal information’’, in accordance with applicable 
law or regulation. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the 
meaning given that term in section 102 of title 40. 
(4) FEDERAL
AGENCY
PROCUREMENT.—The term ‘‘Federal 
agency procurement’’ means the acquisition (by using competi-
tive procedures and awarding a contract) of goods or services 
(including construction) from non-Federal sources by a Federal 
agency using appropriated funds. 
(5) OFFICIAL.—The term ‘‘official’’ means— 
(A) an officer, as defined in section 2104 of title 5; 
(B) an employee, as defined in section 2105 of title 5; 
and 
(C) a member of the uniformed services, as defined in 
section 2101(3) of title 5. 
(6) PROTEST.—The term ‘‘protest’’ means a written objection 
by an interested party to the award or proposed award of 
a Federal agency procurement contract, pursuant to subchapter 
V of chapter 35 of title 31. 
(7) SOURCE SELECTION INFORMATION.—The term ‘‘source selec-
tion information’’ means any of the following information pre-
pared for use by a Federal agency to evaluate a bid or proposal 
to enter into a Federal agency procurement contract, if that 
information previously has not been made available to the 
public or disclosed publicly: 
(A) Bid prices submitted in response to a Federal agency 
solicitation for sealed bids, or lists of those bid prices before 
public bid opening. 
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124 STAT. 3728 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) Proposed costs or prices submitted in response to 
a Federal agency solicitation, or lists of those proposed 
costs or prices. 
(C) Source selection plans. 
(D) Technical evaluation plans. 
(E) Technical evaluations of proposals. 
(F) Cost or price evaluations of proposals. 
(G) Competitive range determinations that identify pro-
posals that have a reasonable chance of being selected 
for award of a contract. 
(H) Rankings of bids, proposals, or competitors. 
(I) Reports and evaluations of source selection panels, 
boards, or advisory councils. 
(J) Other information marked as ‘‘source selection 
information’’ based on a case-by-case determination by the 
head of the agency, the head’s designee, or the contracting 
officer that its disclosure would jeopardize the integrity 
or successful completion of the Federal agency procurement 
to which the information relates. 
§ 2102. Prohibitions on disclosing and obtaining procure-
ment information 
(a) PROHIBITION ON DISCLOSING PROCUREMENT INFORMATION.— 
(1) IN
GENERAL.—Except as provided by law, a person 
described in paragraph (3) shall not knowingly disclose con-
tractor bid or proposal information or source selection informa-
tion before the award of a Federal agency procurement contract 
to which the information relates. 
(2) EMPLOYEE OF PRIVATE SECTOR ORGANIZATION.—In addition 
to the restriction in paragraph (1), an employee of a private 
sector organization assigned to an agency under chapter 37 
of title 5 shall not knowingly disclose contractor bid or proposal 
information or source selection information during the 3-year 
period after the employee’s assignment ends, except as provided 
by law. 
(3) APPLICATION.—Paragraph (1) applies to a person that— 
(A)(i) is a present or former official of the Federal Govern-
ment; or 
(ii) is acting or has acted for or on behalf of, or who 
is advising or has advised the Federal Government with 
respect to, a Federal agency procurement; and 
(B) by virtue of that office, employment, or relationship 
has or had access to contractor bid or proposal information 
or source selection information. 
(b) PROHIBITION ON OBTAINING PROCUREMENT INFORMATION.— 
Except as provided by law, a person shall not knowingly obtain 
contractor bid or proposal information or source selection informa-
tion before the award of a Federal agency procurement contract 
to which the information relates. 
§ 2103. Actions required of procurement officers when con-
tacted regarding non-Federal employment 
(a) ACTIONS REQUIRED.—An agency official participating person-
ally and substantially in a Federal agency procurement for a con-
tract in excess of the simplified acquisition threshold who contacts 
or is contacted by a person that is a bidder or offeror in that 
Federal agency procurement regarding possible non-Federal employ-
ment for that official shall— 
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124 STAT. 3729 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) promptly report the contact in writing to the official’s 
supervisor and to the designated agency ethics official (or des-
ignee) of the agency in which the official is employed; and 
(2)(A) reject the possibility of non-Federal employment; or 
(B) disqualify himself or herself from further personal and 
substantial participation in that Federal agency procurement 
until the agency authorizes the official to resume participation 
in the procurement, in accordance with the requirements of 
section 208 of title 18 and applicable agency regulations on 
the grounds that— 
(i) the person is no longer a bidder or offeror in that 
Federal agency procurement; or 
(ii) all discussions with the bidder or offeror regarding 
possible non-Federal employment have terminated without 
an agreement or arrangement for employment. 
(b) RETENTION OF REPORTS.—The agency shall retain each report 
required by this section for not less than 2 years following the 
submission of the report. The reports shall be made available to 
the public on request, except that any part of a report that is 
exempt from the disclosure requirements of section 552 of title 
5 under subsection (b)(1) of that section may be withheld from 
disclosure to the public. 
(c) PERSONS SUBJECT TO PENALTIES.—The following are subject 
to the penalties and administrative actions set forth in section 
2105 of this title: 
(1) An official who knowingly fails to comply with the require-
ments of this section. 
(2) A bidder or offeror that engages in employment discus-
sions with an official who is subject to the restrictions of this 
section, knowing that the official has not complied with para-
graph (1) or (2) of subsection (a). 
§ 2104. Prohibition on former official’s acceptance of com-
pensation from contractor 
(a) PROHIBITION.—A former official of a Federal agency may not 
accept compensation from a contractor as an employee, officer, 
director, or consultant of the contractor within one year after the 
official— 
(1) served, when the contractor was selected or awarded 
a contract, as the procuring contracting officer, the source selec-
tion authority, a member of the source selection evaluation 
board, or the chief of a financial or technical evaluation team 
in a procurement in which that contractor was selected for 
award of a contract in excess of $10,000,000; 
(2) served as the program manager, deputy program manager, 
or administrative contracting officer for a contract in excess 
of $10,000,000 awarded to that contractor; or 
(3) personally made for the Federal agency a decision to— 
(A) award a contract, subcontract, modification of a con-
tract or subcontract, or a task order or delivery order 
in excess of $10,000,000 to that contractor; 
(B) establish overhead or other rates applicable to one 
or more contracts for that contractor that are valued in 
excess of $10,000,000; 
(C) approve issuance of one or more contract payments 
in excess of $10,000,000 to that contractor; or 
(D) pay or settle a claim in excess of $10,000,000 with 
that contractor. 
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124 STAT. 3730 
PUBLIC LAW 111–350—JAN. 4, 2011 
(b) WHEN COMPENSATION MAY BE ACCEPTED.—Subsection (a) does 
not prohibit a former official of a Federal agency from accepting 
compensation from a division or affiliate of a contractor that does 
not produce the same or similar products or services as the entity 
of the contractor that is responsible for the contract referred to 
in paragraph (1), (2), or (3) of subsection (a). 
(c) IMPLEMENTING REGULATIONS.—Regulations implementing this 
section shall include procedures for an official or former official 
of a Federal agency to request advice from the appropriate des-
ignated agency ethics official regarding whether the official or 
former official is or would be precluded by this section from 
accepting compensation from a particular contractor. 
(d) PERSONS SUBJECT TO PENALTIES.—The following are subject 
to the penalties and administrative actions set forth in section 
2105 of this title: 
(1) A former official who knowingly accepts compensation 
in violation of this section. 
(2) A contractor that provides compensation to a former offi-
cial knowing that the official accepts the compensation in viola-
tion of this section. 
§ 2105. Penalties and administrative actions 
(a) CRIMINAL PENALTIES.—A person that violates section 2102 
of this title to exchange information covered by section 2102 of 
this title for anything of value or to obtain or give a person a 
competitive advantage in the award of a Federal agency procure-
ment contract shall be fined under title 18, imprisoned for not 
more than 5 years, or both. 
(b) CIVIL PENALTIES.—The Attorney General may bring a civil 
action in an appropriate district court of the United States against 
a person that engages in conduct that violates section 2102, 2103, 
or 2104 of this title. On proof of that conduct by a preponderance 
of the evidence— 
(1) an individual is liable to the Federal Government for 
a civil penalty of not more than $50,000 for each violation 
plus twice the amount of compensation that the individual 
received or offered for the prohibited conduct; and 
(2) an organization is liable to the Federal Government for 
a civil penalty of not more than $500,000 for each violation 
plus twice the amount of compensation that the organization 
received or offered for the prohibited conduct. 
(c) ADMINISTRATIVE ACTIONS.— 
(1) TYPES OF ACTION THAT FEDERAL AGENCY MAY TAKE.— 
A Federal agency that receives information that a contractor 
or a person has violated section 2102, 2103, or 2104 of this 
title shall consider taking one or more of the following actions, 
as appropriate: 
(A) Canceling the Federal agency procurement, if a con-
tract has not yet been awarded. 
(B) Rescinding a contract with respect to which— 
(i) the contractor or someone acting for the contractor 
has been convicted for an offense punishable under 
subsection (a); or 
(ii) the head of the agency that awarded the contract 
has determined, based on a preponderance of the evi-
dence, that the contractor or a person acting for the 
contractor has engaged in conduct constituting the 
offense. 
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124 STAT. 3731 
PUBLIC LAW 111–350—JAN. 4, 2011 
(C) Initiating a suspension or debarment proceeding for 
the protection of the Federal Government in accordance 
with procedures in the Federal Acquisition Regulation. 
(D) Initiating an adverse personnel action, pursuant to 
the procedures in chapter 75 of title 5 or other applicable 
law or regulation. 
(2) AMOUNT GOVERNMENT ENTITLED TO RECOVER.—When a 
Federal agency rescinds a contract pursuant to paragraph 
(1)(B), the Federal Government is entitled to recover, in addi-
tion to any penalty prescribed by law, the amount expended 
under the contract. 
(3) PRESENT
RESPONSIBILITY
AFFECTED
BY
CONDUCT.—For 
purposes of a suspension or debarment proceeding initiated 
pursuant to paragraph (1)(C), engaging in conduct constituting 
an offense under section 2102, 2103, or 2104 of this title affects 
the present responsibility of a Federal Government contractor 
or subcontractor. 
§ 2106. Reporting information believed to constitute evi-
dence of offense 
A person may not file a protest against the award or proposed 
award of a Federal agency procurement contract alleging a violation 
of section 2102, 2103, or 2104 of this title, and the Comptroller 
General may not consider that allegation in deciding a protest, 
unless the person, no later than 14 days after the person first 
discovered the possible violation, reported to the Federal agency 
responsible for the procurement the information that the person 
believed constitutes evidence of the offense. 
§ 2107. Savings provisions 
This chapter does not— 
(1) restrict the disclosure of information to, or its receipt 
by, a person or class of persons authorized, in accordance with 
applicable agency regulations or procedures, to receive that 
information; 
(2) restrict a contractor from disclosing its own bid or proposal 
information or the recipient from receiving that information; 
(3) restrict the disclosure or receipt of information relating 
to a Federal agency procurement after it has been canceled 
by the Federal agency before contract award unless the Federal 
agency plans to resume the procurement; 
(4) prohibit individual meetings between a Federal agency 
official and an offeror or potential offeror for, or a recipient 
of, a contract or subcontract under a Federal agency procure-
ment, provided that unauthorized disclosure or receipt of con-
tractor bid or proposal information or source selection informa-
tion does not occur; 
(5) authorize the withholding of information from, nor restrict 
its receipt by, Congress, a committee or subcommittee of Con-
gress, the Comptroller General, a Federal agency, or an 
inspector general of a Federal agency; 
(6) authorize the withholding of information from, nor restrict 
its receipt by, the Comptroller General in the course of a 
protest against the award or proposed award of a Federal 
agency procurement contract; or 
(7) limit the applicability of a requirement, sanction, contract 
penalty, or remedy established under another law or regulation. 
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124 STAT. 3732 
PUBLIC LAW 111–350—JAN. 4, 2011 
CHAPTER 23—MISCELLANEOUS 
Sec. 
2301.
Use of electronic commerce in Federal procurement. 
2302.
Rights in technical data. 
2303.
Ethics safeguards related to contractor conflicts of interest. 
2304.
Conflict of interest standards for consultants. 
2305.
Authority of Director of Office of Management and Budget not affected. 
2306.
Openness of meetings. 
2307.
Comptroller General’s access to information. 
2308.
Modular contracting for information technology. 
2309.
Protection of constitutional rights of contractors. 
2310.
Performance-based contracts or task orders for services to be treated as con-
tracts for the procurement of commercial items. 
2311.
Enhanced transparency on interagency contracting and other transactions. 
2312.
Contingency Contracting Corps. 
2313.
Database for Federal agency contract and grant officers and suspension and 
debarment officials. 
§ 2301. Use of electronic commerce in Federal procurement 
(a) DEFINITION.—For the purposes of this section, the term ‘‘elec-
tronic commerce’’ means electronic techniques for accomplishing 
business transactions, including electronic mail or messaging, World 
Wide Web technology, electronic bulletin boards, purchase cards, 
electronic funds transfers, and electronic data interchange. 
(b) ESTABLISHMENT, MAINTENANCE, AND USE
OF ELECTRONIC 
COMMERCE PROCEDURES AND PROCESSES.—The head of each execu-
tive agency, after consulting with the Administrator, shall establish, 
maintain, and use, to the maximum extent that is practicable 
and cost-effective, procedures and processes that employ electronic 
commerce in the conduct and administration of the procurement 
system of the agency. 
(c) APPLICABLE STANDARDS.—In conducting electronic commerce, 
the head of an executive agency shall apply nationally and inter-
nationally recognized standards that broaden interoperability and 
ease the electronic interchange of information. 
(d) REQUIREMENTS OF SYSTEMS, TECHNOLOGIES, PROCEDURES, AND 
PROCESSES.—The head of each executive agency shall ensure that 
systems, technologies, procedures, and processes established pursu-
ant to this section— 
(1) are implemented with uniformity throughout the agency, 
to the extent practicable; 
(2) are implemented only after granting due consideration 
to the use or partial use, as appropriate, of existing electronic 
commerce and electronic data interchange systems and infra-
structures such as the Federal acquisition computer network 
architecture known as FACNET; 
(3) facilitate access to Federal Government procurement 
opportunities, including opportunities for small business con-
cerns, socially and economically disadvantaged small business 
concerns, and business concerns owned predominantly by 
women; and 
(4) ensure that any notice of agency requirements or agency 
solicitation for contract opportunities is provided in a form 
that allows convenient and universal user access through a 
single, Government-wide point of entry. 
(e) IMPLEMENTATION.—In carrying out the requirements of this 
section, the Administrator shall— 
(1) issue policies to promote, to the maximum extent prac-
ticable, uniform implementation of this section by executive 
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124 STAT. 3733 
PUBLIC LAW 111–350—JAN. 4, 2011 
agencies, with due regard for differences in program require-
ments among agencies that may require departures from uni-
form procedures and processes in appropriate cases, when war-
ranted because of the agency mission; 
(2) ensure that the head of each executive agency complies 
with the requirements of subsection (d); and 
(3) consult with the heads of appropriate Federal agencies 
with applicable technical and functional expertise, including 
the Office of Information and Regulatory Affairs, the National 
Institute of Standards and Technology, the General Services 
Administration, and the Department of Defense. 
§ 2302. Rights in technical data 
(a) WHERE DEFINED.—The legitimate proprietary interest of the 
Federal Government and of a contractor in technical or other data 
shall be defined in regulations prescribed as part of the Federal 
Acquisition Regulation. 
(b) GENERAL EXTENT OF REGULATIONS.— 
(1) OTHER
RIGHTS
NOT
IMPAIRED.—Regulations prescribed 
under subsection (a) may not impair a right of the Federal 
Government or of a contractor with respect to a patent or 
copyright or another right in technical data otherwise estab-
lished by law. 
(2) LIMITATION
ON
REQUIRING
DATA
BE
PROVIDED
TO
THE 
GOVERNMENT.—With respect to executive agencies subject to 
division C, regulations prescribed under subsection (a) shall 
provide that the Federal Government may not require a person 
that has developed a product (or process offered or to be offered 
for sale to the public) to provide to the Federal Government 
technical data relating to the design (or development or manu-
facture of the product or process) as a condition of procurement 
by the Federal Government of the product or process. This 
paragraph does not apply to data that may be necessary for 
the Federal Government to operate and maintain the product 
or use the process if the Federal Government obtains it as 
an element of performance under the contract. 
(c) TECHNICAL DATA DEVELOPED WITH FEDERAL FUNDS.— 
(1) USE BY GOVERNMENT AND AGENCIES.—Except as otherwise 
expressly provided by Federal statute, with respect to executive 
agencies subject to division C, regulations prescribed under 
subsection (a) shall provide that— 
(A) the Federal Government has unlimited rights in tech-
nical data developed exclusively with Federal funds if 
delivery of the data— 
(i) was required as an element of performance under 
a contract; and 
(ii) is needed to ensure the competitive acquisition 
of supplies or services that will be required in substan-
tial quantities in the future; and 
(B) the Federal Government and each agency of the 
Federal Government has an unrestricted, royalty-free right 
to use, or to have its contractors use, for governmental 
purposes (excluding publication outside the Federal 
Government) technical data developed exclusively with 
Federal funds. 
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124 STAT. 3734 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) REQUIREMENTS IN ADDITION TO OTHER RIGHTS OF THE 
GOVERNMENT.—The requirements of paragraph (1) are in addi-
tion to and not in lieu of any other rights the Federal Govern-
ment may have pursuant to law. 
(d) FACTORS TO BE CONSIDERED IN PRESCRIBING REGULATIONS.— 
The following factors shall be considered in prescribing regulations 
under subsection (a): 
(1) Whether the item or process to which the technical data 
pertains was developed— 
(A) exclusively with Federal funds; 
(B) exclusively at private expense; or 
(C) in part with Federal funds and in part at private 
expense. 
(2) The statement of congressional policy and objectives in 
section 200 of title 35, the statement of purposes in section 
2(b) of the Small Business Innovation Development Act of 1982 
(Public Law 97–219, 15 U.S.C. 638 note), and the declaration 
of policy in section 2 of the Small Business Act (15 U.S.C. 
631). 
(3) The interest of the Federal Government in increasing 
competition and lowering costs by developing and locating alter-
native sources of supply and manufacture. 
(e) PROVISIONS REQUIRED IN CONTRACTS.—Regulations prescribed 
under subsection (a) shall require that a contract for property 
or services entered into by an executive agency contain appropriate 
provisions relating to technical data, including provisions— 
(1) defining the respective rights of the Federal Government 
and the contractor or subcontractor (at any tier) regarding 
technical data to be delivered under the contract; 
(2) specifying technical data to be delivered under the contract 
and schedules for delivery; 
(3) establishing or referencing procedures for determining 
the acceptability of technical data to be delivered under the 
contract; 
(4) establishing separate contract line items for technical 
data to be delivered under the contract; 
(5) to the maximum practicable extent, identifying, in 
advance of delivery, technical data which is to be delivered 
with restrictions on the right of the Federal Government to 
use the data; 
(6) requiring the contractor to revise any technical data deliv-
ered under the contract to reflect engineering design changes 
made during the performance of the contract and affecting 
the form, fit, and function of the items specified in the contract 
and to deliver the revised technical data to an agency within 
a time specified in the contract; 
(7) requiring the contractor to furnish written assurance, 
when technical data is delivered or is made available, that 
the technical data is complete and accurate and satisfies the 
requirements of the contract concerning technical data; 
(8) establishing remedies to be available to the Federal 
Government when technical data required to be delivered or 
made available under the contract is found to be incomplete 
or inadequate or to not satisfy the requirements of the contract 
concerning technical data; and 
(9) authorizing the head of the agency to withhold payments 
under the contract (or exercise another remedy the head of 
the agency considers appropriate) during any period if the 
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124 STAT. 3735 
PUBLIC LAW 111–350—JAN. 4, 2011 
contractor does not meet the requirements of the contract per-
taining to the delivery of technical data. 
§ 2303. Ethics safeguards related to contractor conflicts of 
interest 
(a) DEFINITION.—In this section, the term ‘‘relevant acquisition 
function’’ means an acquisition function closely associated with 
inherently governmental functions. 
(b) POLICY ON PERSONAL CONFLICTS OF INTEREST BY CONTRACTOR 
EMPLOYEES.— 
(1) DEVELOPMENT AND ISSUANCE OF POLICY.—The Adminis-
trator shall develop and issue a standard policy to prevent 
personal conflicts of interest by contractor employees per-
forming relevant acquisition functions (including the develop-
ment, award, and administration of Federal Government con-
tracts) for or on behalf of a Federal agency or department. 
(2) ELEMENTS OF POLICY.—The policy shall— 
(A) define ‘‘personal conflict of interest’’ as it relates 
to contractor employees performing relevant acquisition 
functions; and 
(B) require each contractor whose employees perform 
relevant acquisition functions to— 
(i) identify and prevent personal conflicts of interest 
for the employees; 
(ii) prohibit contractor employees who have access 
to non-public government information obtained while 
performing relevant acquisition functions from using 
the information for personal gain; 
(iii) report any personal conflict-of-interest violation 
by an employee to the applicable contracting officer 
or contracting officer’s representative as soon as it 
is identified; 
(iv) maintain effective oversight to verify compliance 
with personal conflict-of-interest safeguards; 
(v) have procedures in place to screen for potential 
conflicts of interest for all employees performing rel-
evant acquisition functions; and 
(vi) take appropriate disciplinary action in the case 
of employees who fail to comply with policies estab-
lished pursuant to this section. 
(3) CONTRACT CLAUSE.— 
(A) CONTENTS.—The Administrator shall develop a per-
sonal conflicts-of-interest clause or a set of clauses for 
inclusion in solicitations and contracts (and task or delivery 
orders) for the performance of relevant acquisition functions 
that sets forth— 
(i) the personal conflicts-of-interest policy developed 
under this subsection; and 
(ii) the contractor’s responsibilities under the policy. 
(B) EFFECTIVE DATE.—Subparagraph (A) shall take effect 
300 days after October 14, 2008, and shall apply to— 
(i) contracts entered into on or after that effective 
date; and 
(ii) task or delivery orders awarded on or after that 
effective date, regardless of whether the contracts 
pursuant to which the task or delivery orders are 
awarded are entered before, on, or after October 14, 
2008. 
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124 STAT. 3736 
PUBLIC LAW 111–350—JAN. 4, 2011 
(4) APPLICABILITY.— 
(A) CONTRACTS IN EXCESS OF THE SIMPLIFIED ACQUISITION 
THRESHOLD.—This subsection shall apply to any contract 
for an amount in excess of the simplified acquisition 
threshold (as defined in section 134 of this title) if the 
contract is for the performance of relevant acquisition func-
tions. 
(B) PARTIAL APPLICABILITY.—If only a portion of a con-
tract described in subparagraph (A) is for the performance 
of relevant acquisition functions, then this subsection 
applies only to that portion of the contract. 
(c) BEST PRACTICES.—The Administrator shall, in consultation 
with the Director of the Office of Government Ethics, develop and 
maintain a repository of best practices relating to the prevention 
and mitigation of organizational and personal conflicts of interest 
in Federal contracting. 
§ 2304. Conflict of interest standards for consultants 
(a) CONTENT
OF REGULATIONS.—The Administrator shall pre-
scribe under this division Government-wide regulations that set 
forth— 
(1) conflict of interest standards for persons who provide 
consulting services described in subsection (b); and 
(2) procedures, including registration, certification, and 
enforcement requirements as may be appropriate, to promote 
compliance with the standards. 
(b) SERVICES SUBJECT TO REGULATIONS.—Regulations required 
by subsection (a) apply to— 
(1) advisory and assistance services provided to the Federal 
Government to the extent necessary to identify and evaluate 
the potential for conflicts of interest that could be prejudicial 
to the interests of the United States; 
(2) services related to support of the preparation or submis-
sion of bids and proposals for Federal contracts to the extent 
that inclusion of the services in the regulations is necessary 
to identify and evaluate the potential for conflicts of interest 
that could be prejudicial to the interests of the United States; 
and 
(3) other services related to Federal contracts as specified 
in the regulations prescribed under subsection (a) to the extent 
necessary to identify and evaluate the potential for conflicts 
of interest that could be prejudicial to the interests of the 
United States. 
(c) INTELLIGENCE ACTIVITIES EXEMPTION.— 
(1) ACTIVITIES THAT MAY BE EXEMPT.—Intelligence activities 
as defined in section 3.4(e) of Executive Order No. 12333 or 
a comparable definitional section in any successor order may 
be exempt from the regulations required by subsection (a). 
(2) REPORT.—The Director of National Intelligence shall 
report to the Intelligence and Appropriations Committees of 
Congress each January 1, delineating the activities and 
organizations that have been exempted under paragraph (1). 
(d) 
PRESIDENTIAL
DETERMINATION.—Before 
the 
regulations 
required by subsection (a) are prescribed, the President shall deter-
mine if prescribing the regulations will have a significantly adverse 
effect on the accomplishment of the mission of the Defense Depart-
ment or another Federal agency. If the President determines that 
the regulations will have such an adverse effect, the President 
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124 STAT. 3737 
PUBLIC LAW 111–350—JAN. 4, 2011 
shall so report to the appropriate committees of the Senate and 
the House of Representatives, stating in full the reasons for the 
determination. If such a report is submitted, the requirement for 
the regulations shall be null and void. 
§ 2305. Authority of Director of Office of Management and 
Budget not affected 
This division does not limit the authorities and responsibilities 
of the Director of the Office of Management and Budget in effect 
on December 1, 1983. 
§ 2306. Openness of meetings 
The Administrator by regulation shall require that— 
(1) formal meetings of the Office of Federal Procurement 
Policy, as designated by the Administrator, for developing 
procurement policies and regulations be open to the public; 
and 
(2) public notice of each meeting be given not less than 
10 days prior to the meeting. 
§ 2307. Comptroller General’s access to information 
The Administrator and personnel in the Office of Federal Procure-
ment Policy shall furnish information the Comptroller General may 
require to discharge the responsibilities of the Comptroller General. 
For this purpose, the Comptroller General or representatives of 
the Comptroller General shall have access to all books, documents, 
papers, and records of the Office of Federal Procurement Policy. 
§ 2308. Modular contracting for information technology 
(a) USE.—To the maximum extent practicable, the head of an 
executive agency should use modular contracting for an acquisition 
of a major system of information technology. 
(b) MODULAR CONTRACTING DESCRIBED.—Under modular con-
tracting, an executive agency’s need for a system is satisfied in 
successive acquisitions of interoperable increments. Each increment 
complies with common or commercially accepted standards 
applicable to information technology so that the increments are 
compatible with other increments of information technology com-
prising the system. 
(c) PROVISIONS IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral Acquisition Regulation shall provide that— 
(1) under the modular contracting process, an acquisition 
of a major system of information technology may be divided 
into several smaller acquisition increments that— 
(A) are easier to manage individually than would be 
one comprehensive acquisition; 
(B) address complex information technology objectives 
incrementally in order to enhance the likelihood of 
achieving workable solutions for attaining those objectives; 
(C) provide for delivery, implementation, and testing of 
workable systems or solutions in discrete increments, each 
of which comprises a system or solution that is not 
dependent on a subsequent increment in order to perform 
its principal functions; and 
(D) provide an opportunity for subsequent increments 
of the acquisition to take advantage of any evolution in 
technology or needs that occurs during conduct of the ear-
lier increments; 
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124 STAT. 3738 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) to the maximum extent practicable, a contract for an 
increment of an information technology acquisition should be 
awarded within 180 days after the solicitation is issued and, 
if the contract for that increment cannot be awarded within 
that period, the increment should be considered for cancellation; 
and 
(3) the information technology provided for in a contract 
for acquisition of information technology should be delivered 
within 18 months after the solicitation resulting in award of 
the contract was issued. 
§ 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 Constitu-
tion 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. 
§ 2310. Performance-based contracts or task orders for serv-
ices to be treated as contracts for the procure-
ment of commercial items 
(a) CRITERIA.—A performance-based contract for the procurement 
of services entered into by an executive agency or a performance- 
based task order for services issued by an executive agency may 
be treated as a contract for the procurement of commercial items 
if— 
(1) the value of the contract or task order is estimated not 
to exceed $25,000,000; 
(2) the contract or task order sets forth specifically each 
task to be performed and, for each task— 
(A) defines the task in measurable, mission-related 
terms; 
(B) identifies the specific end products or output to be 
achieved; and 
(C) contains firm, fixed prices for specific tasks to be 
performed or outcomes to be achieved; and 
(3) the source of the services provides similar services to 
the general public under terms and conditions similar to those 
offered to the Federal Government. 
(b) REGULATIONS.—Regulations implementing this section shall 
require agencies to collect and maintain reliable data sufficient 
to identify the contracts or task orders treated as contracts for 
commercial items using the authority of this section. The data 
may be collected using the Federal Procurement Data System or 
other reporting mechanism. 
(c) REPORT.—Not later than 2 years after November 24, 2003, 
the Director of the Office of Management and Budget shall prepare 
and submit to the Committees on Homeland Security and Govern-
mental Affairs and on Armed Services of the Senate and the 
Committees on Oversight and Government Reform and on Armed 
Services of the House of Representatives a report on the contracts 
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124 STAT. 3739 
PUBLIC LAW 111–350—JAN. 4, 2011 
or task orders treated as contracts for commercial items using 
the authority of this section. The report shall include data on 
the use of the authority, both government-wide and for each depart-
ment and agency. 
(d) EXPIRATION.—The authority under this section expires 10 
years after November 24, 2003. 
§ 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 com-
plete, 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). 
§ 2312. Contingency Contracting Corps 
(a) DEFINITION.—In this section, the term ‘‘Corps’’ means the 
Contingency Contracting Corps established in subsection (b). 
(b) ESTABLISHMENT.—The Administrator of General Services, 
pursuant to policies established by the Office of Management and 
Budget, and in consultation with the Secretary of Defense and 
the Secretary of Homeland Security, shall establish a Government- 
wide Contingency Contracting Corps. 
(c) FUNCTION.—The members of the Corps shall be available 
for deployment in responding to an emergency or major disaster, 
or a contingency operation, both within or outside the continental 
United States. 
(d) APPLICABILITY.—The authorities provided in this section apply 
with respect to any procurement of property or services by or 
for an executive agency that, as determined by the head of the 
executive agency, are to be used— 
(1) in support of a contingency operation as defined in section 
101(a)(13) of title 10; or 
(2) to respond to an emergency or major disaster as defined 
in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122). 
(e) MEMBERSHIP.—Membership in the Corps shall be voluntary 
and open to all Federal employees and members of the Armed 
Forces who are members of the Federal acquisition workforce. 
(f) EDUCATION
AND TRAINING.—The Administrator of General 
Services may, in consultation with the Director of the Federal 
Acquisition Institute and the Chief Acquisition Officers Council, 
establish educational and training requirements for members of 
the Corps. Education and training carried out pursuant to the 
requirements shall be paid for from funds available in the acquisi-
tion workforce training fund established pursuant to section 1703(i) 
of this title. 
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124 STAT. 3740 
PUBLIC LAW 111–350—JAN. 4, 2011 
(g) SALARY.—The salary for a member of the Corps shall be 
paid— 
(1) in the case of a member of the Armed Forces, out of 
funds available to the Armed Force concerned; and 
(2) in the case of a Federal employee, out of funds available 
to the employing agency. 
(h) AUTHORITY TO DEPLOY THE CORPS.— 
(1) DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET.— 
The Director of the Office of Management and Budget shall 
have the authority, upon request by an executive agency, to 
determine when members of the Corps shall be deployed, with 
the concurrence of the head of the agency or agencies employing 
the members to be deployed. 
(2) SECRETARY OF DEFENSE.—Nothing in this section shall 
preclude the Secretary of Defense or the Secretary’s designee 
from deploying members of the Armed Forces or civilian per-
sonnel of the Department of Defense in support of a contingency 
operation as defined in section 101(a)(13) of title 10. 
(i) ANNUAL REPORT.— 
(1) IN GENERAL.—The Administrator of General Services shall 
provide to the Committee on Homeland Security and Govern-
mental Affairs and the Committee on Armed Services of the 
Senate and the Committee on Oversight and Government 
Reform and the Committee on Armed Services of the House 
of Representatives an annual report on the status of the Corps 
as of September 30 of each fiscal year. 
(2) CONTENT.—Each report under paragraph (1) shall include 
the number of members of the Corps, the total cost of operating 
the program, the number of deployments of members of the 
program, and the performance of members of the program 
in deployment. 
§ 2313. Database for Federal agency contract and grant offi-
cers and suspension and debarment officials 
(a) IN GENERAL.—Subject to the authority, direction, and control 
of the Director of the Office of Management and Budget, the 
Administrator of General Services shall establish and maintain 
a database of information regarding the integrity and performance 
of certain persons awarded Federal agency contracts and grants 
for use by Federal agency officials having authority over contracts 
and grants. 
(b) PERSONS COVERED.—The database shall cover the following: 
(1) Any person awarded a Federal agency contract or grant 
in excess of $500,000, if any information described in subsection 
(c) exists with respect to the person. 
(2) Any person awarded such other category or categories 
of Federal agency contract as the Federal Acquisition Regula-
tion may provide, if any information described in subsection 
(c) exists with respect to the person. 
(c) INFORMATION INCLUDED.—With respect to a covered person, 
the database shall include information (in the form of a brief 
description) for the most recent 5-year period regarding the fol-
lowing: 
(1) Each civil or criminal proceeding, or any administrative 
proceeding, in connection with the award or performance of 
a contract or grant with the Federal Government with respect 
to the person during the period to the extent that the proceeding 
results in the following dispositions: 
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124 STAT. 3741 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) In a criminal proceeding, a conviction. 
(B) In a civil proceeding, a finding of fault and liability 
that results in the payment of a monetary fine, penalty, 
reimbursement, restitution, or damages of $5,000 or more. 
(C) In an administrative proceeding, a finding of fault 
and liability that results in— 
(i) the payment of a monetary fine or penalty of 
$5,000 or more; or 
(ii) the payment of a reimbursement, restitution, or 
damages in excess of $100,000. 
(D) To the maximum extent practicable and consistent 
with applicable laws and regulations, in a criminal, civil, 
or administrative proceeding, a disposition of the matter 
by consent or compromise with an acknowledgment of fault 
by the person if the proceeding could have led to any 
of the outcomes specified in subparagraph (A), (B), or (C). 
(2) Each Federal contract and grant awarded to the person 
that was terminated in the period due to default. 
(3) Each Federal suspension and debarment of the person. 
(4) Each Federal administrative agreement entered into by 
the person and the Federal Government in the period to resolve 
a suspension or debarment proceeding. 
(5) Each final finding by a Federal official in the period 
that the person has been determined not to be a responsible 
source under paragraph (3) or (4) of section 113 of this title. 
(6) Other information that shall be provided for purposes 
of this section in the Federal Acquisition Regulation. 
(7) To the maximum extent practicable, information similar 
to the information covered by paragraphs (1) to (4) in connection 
with the award or performance of a contract or grant with 
a State government. 
(d) REQUIREMENTS RELATING TO DATABASE INFORMATION.— 
(1) DIRECT INPUT AND UPDATE.—The Administrator of General 
Services shall design and maintain the database in a manner 
that allows the appropriate Federal agency officials to directly 
input and update information in the database relating to actions 
that the officials have taken with regard to contractors or 
grant recipients. 
(2) TIMELINESS AND ACCURACY.—The Administrator of Gen-
eral Services shall develop policies to require— 
(A) the timely and accurate input of information into 
the database; 
(B) the timely notification of any covered person when 
information relevant to the person is entered into the data-
base; and 
(C) opportunities for any covered person to submit com-
ments pertaining to information about the person for inclu-
sion in the database. 
(e) USE OF DATABASE.— 
(1) AVAILABILITY TO GOVERNMENT OFFICIALS.—The Adminis-
trator of General Services shall ensure that the information 
in the database is available to appropriate acquisition officials 
of Federal agencies, other government officials as the Adminis-
trator of General Services determines appropriate, and, on 
request, the Chairman and Ranking Member of the committees 
of Congress having jurisdiction. 
(2) REVIEW AND ASSESSMENT OF DATA.— 
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124 STAT. 3742 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) IN GENERAL.—Before awarding a contract or grant 
in excess of the simplified acquisition threshold under sec-
tion 134 of this title, the Federal agency official responsible 
for awarding the contract or grant shall review the data-
base and consider all information in the database with 
regard to any offer or proposal, and in the case of a contract, 
shall consider other past performance information available 
with respect to the offeror in making any responsibility 
determination or past performance evaluation for the 
offeror. 
(B) DOCUMENTATION IN CONTRACT FILE.—The contract 
file for each contract of a Federal agency in excess of 
the simplified acquisition threshold shall document the 
manner in which the material in the database was consid-
ered in any responsibility determination or past perform-
ance evaluation. 
(f) DISCLOSURE IN APPLICATIONS.—The Federal Acquisition Regu-
lation shall require that persons with Federal agency contracts 
and grants valued in total greater than $10,000,000 shall— 
(1) submit to the Administrator of General Services, in a 
manner determined appropriate by the Administrator of Gen-
eral Services, the information subject to inclusion in the data-
base as listed in subsection (c) current as of the date of sub-
mittal of the information under this subsection; and 
(2) update the information submitted under paragraph (1) 
on a semiannual basis. 
(g) RULEMAKING.—The Administrator of General Services shall 
prescribe regulations that may be necessary to carry out this sec-
tion. 
DIVISION C—PROCUREMENT 
CHAPTER 31—GENERAL 
Sec. 
3101.
Applicability. 
3102.
Delegation and assignment of powers, functions, and responsibilities. 
3103.
Acquisition programs. 
3104.
Small business concerns. 
3105.
New contracts and grants and merit-based selection procedures. 
3106.
Erection, repair, or furnishing of public buildings and improvements not au-
thorized, and certain contracts not permitted, by this division. 
§ 3101. Applicability 
(a) IN GENERAL.—An executive agency shall make purchases and 
contracts for property and services in accordance with this division 
and implementing regulations of the Administrator of General Serv-
ices. 
(b) SIMPLIFIED ACQUISITION THRESHOLD AND PROCEDURES.— 
(1) SIMPLIFIED ACQUISITION THRESHOLD.— 
(A) DEFINITION.—For purposes of an acquisition by an 
executive agency, the simplified acquisition threshold is 
as specified in section 134 of this title. 
(B) INAPPLICABLE LAWS.—A law properly listed in the 
Federal Acquisition Regulation pursuant to section 1905 
of this title does not apply to or with respect to a contract 
or subcontract that is not greater than the simplified 
acquisition threshold. 
(2) SIMPLIFIED ACQUISITION PROCEDURES.—Simplified acquisi-
tion procedures contained in the Federal Acquisition Regulation 
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124 STAT. 3743 
PUBLIC LAW 111–350—JAN. 4, 2011 
pursuant to section 1901 of this title apply in executive agencies 
as provided in section 1901. 
(c) EXCEPTIONS.— 
(1) IN GENERAL.—This division does not apply— 
(A) to the Department of Defense, the Coast Guard, 
and the National Aeronautics and Space Administration; 
or 
(B) except as provided in paragraph (2), when this divi-
sion is made inapplicable pursuant to law. 
(2) APPLICABILITY OF CERTAIN LAWS RELATED TO ADVERTISING, 
OPENING OF BIDS, AND LENGTH OF CONTRACT.—Sections 6101, 
6103, and 6304 of this title do not apply to the procurement 
of property or services made by an executive agency pursuant 
to this division. However, when this division is made inappli-
cable by any law, sections 6101 and 6103 of this title apply 
in the absence of authority conferred by statute to procure 
without advertising or without regard to section 6101 of this 
title. A law that authorizes an executive agency (other than 
an executive agency exempted from this division by this sub-
section) to procure property or services without advertising 
or without regard to section 6101 of this title is deemed to 
authorize the procurement pursuant to the provisions of this 
division relating to procedures other than sealed-bid procedures. 
§ 3102. Delegation and assignment of powers, functions, and 
responsibilities 
(a) IN GENERAL.—Except to the extent expressly prohibited by 
another law, the head of an executive agency may delegate to 
another officer or official of that agency any power under this 
division. 
(b) PROCUREMENTS FOR
OR WITH ANOTHER AGENCY.—Subject 
to subsection (a), to facilitate the procurement of property and 
services covered by this division by an executive agency for another 
executive agency, and to facilitate joint procurement by executive 
agencies— 
(1) the head of an executive agency may delegate functions 
and assign responsibilities relating to procurement to any 
officer or employee within the agency; 
(2) the heads of 2 or more executive agencies, consistent 
with section 1535 of title 31 and regulations prescribed under 
section 1074 of the Federal Acquisition Streamlining Act of 
1994 (Public Law 103–355, 31 U.S.C. 1535 note), may by agree-
ment delegate procurement functions and assign procurement 
responsibilities from one executive agency to another of those 
executive agencies or to an officer or civilian employee of 
another of those executive agencies; and 
(3) the heads of 2 or more executive agencies may establish 
joint or combined offices to exercise procurement functions and 
responsibilities. 
§ 3103. Acquisition programs 
(a) CONGRESSIONAL POLICY.—It is the policy of Congress that 
the head of each executive agency should achieve, on average, 
90 percent of the cost, performance, and schedule goals established 
for major acquisition programs of the agency. 
(b) ESTABLISHMENT OF GOALS.— 
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124 STAT. 3744 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) BY HEAD OF EXECUTIVE AGENCY.—The head of each execu-
tive agency shall approve or define the cost, performance, and 
schedule goals for major acquisition programs of the agency. 
(2) BY CHIEF FINANCIAL OFFICER.—The chief financial officer 
of an executive agency shall evaluate the cost goals proposed 
for each major acquisition program of the agency. 
(c) IDENTIFICATION OF NONCOMPLIANT PROGRAMS.—When it is 
necessary to implement the policy set out in subsection (a), the 
head of an executive agency shall— 
(1) determine whether there is a continuing need for pro-
grams that are significantly behind schedule, over budget, or 
not in compliance with performance or capability requirements; 
and 
(2) identify suitable actions to be taken, including termi-
nation, with respect to those programs. 
§ 3104. Small business concerns 
It is the policy of Congress that a fair proportion of the total 
purchases and contracts for property and services for the Federal 
Government shall be placed with small business concerns. 
§ 3105. New contracts and grants and merit-based selection 
procedures 
(a) CONGRESSIONAL POLICY.—It is the policy of Congress that— 
(1) an executive agency should not be required by legislation 
to award— 
(A) a new contract to a specific non-Federal Government 
entity; or 
(B) a new grant for research, development, test, or 
evaluation to a non-Federal Government entity; and 
(2) a program, project, or technology identified in legislation 
be procured or awarded through merit-based selection proce-
dures. 
(b) NEW CONTRACT AND NEW GRANT DESCRIBED.—For purposes 
of this section— 
(1) a contract is a new contract unless the work provided 
for in the contract is a continuation of the work performed 
by the specified entity under a prior contract; and 
(2) a grant is a new grant unless the work provided for 
in the grant is a continuation of the work performed by the 
specified entity under a prior grant. 
(c) REQUIREMENTS
FOR
AWARDING
NEW
CONTRACT
OR
NEW 
GRANT.—A provision of law may not be construed as requiring 
a new contract or a new grant to be awarded to a specified non- 
Federal Government entity unless the provision of law specifically— 
(1) refers to this section; 
(2) identifies the particular non-Federal Government entity 
involved; and 
(3) states that the award to that entity is required by the 
provision of law in contravention of the policy set forth in 
subsection (a). 
(d) EXCEPTION.—This section does not apply to a contract or 
grant that calls on the National Academy of Sciences to investigate, 
examine, or experiment on a subject of science or art of significance 
to an executive agency and to report on those matters to Congress 
or an agency of the Federal Government. 
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124 STAT. 3745 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 3106. Erection, repair, or furnishing of public buildings 
and improvements not authorized, and certain 
contracts not permitted, by this division 
This division does not— 
(1) authorize the erection, repair, or furnishing of a public 
building or public improvement; or 
(2) permit a contract for the construction or repair of a 
building, road, sidewalk, sewer, main, or similar item using 
procedures other than sealed-bid procedures under section 
3301(b)(1)(A) of this title if the conditions set forth in section 
3301(b)(1)(A) of this title apply or the contract is to be per-
formed outside the United States. 
CHAPTER 33—PLANNING AND SOLICITATION 
Sec. 
3301.
Full and open competition. 
3302.
Requirements for purchase of property and services pursuant to multiple 
award contracts. 
3303.
Exclusion of particular source or restriction of solicitation to small business 
concerns. 
3304.
Use of noncompetitive procedures. 
3305.
Simplified procedures for small purchases. 
3306.
Planning and solicitation requirements. 
3307.
Preference for commercial items. 
3308.
Planning for future competition in contracts for major systems. 
3309.
Design-build selection procedures. 
3310.
Quantities to order. 
3311.
Qualification requirement. 
§ 3301. Full and open competition 
(a) IN GENERAL.—Except as provided in sections 3303, 3304(a), 
and 3305 of this title and except in the case of procurement proce-
dures otherwise expressly authorized by statute, an executive 
agency in conducting a procurement for property or services shall— 
(1) obtain full and open competition through the use of 
competitive procedures in accordance with the requirements 
of this division and the Federal Acquisition Regulation; and 
(2) use the competitive procedure or combination of competi-
tive procedures that is best suited under the circumstances 
of the procurement. 
(b) APPROPRIATE COMPETITIVE PROCEDURES.— 
(1) USE OF SEALED BIDS.—In determining the competitive 
procedures appropriate under the circumstance, an executive 
agency shall— 
(A) solicit sealed bids if— 
(i) time permits the solicitation, submission, and 
evaluation of sealed bids; 
(ii) the award will be made on the basis of price 
and other price-related factors; 
(iii) it is not necessary to conduct discussions with 
the responding sources about their bids; and 
(iv) there is a reasonable expectation of receiving 
more than one sealed bid; or 
(B) request competitive proposals if sealed bids are not 
appropriate under subparagraph (A). 
(2) SEALED BID NOT REQUIRED.—Paragraph (1)(A) does not 
require the use of sealed-bid procedures in cases in which 
section 204(e) of title 23 applies. 
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124 STAT. 3746 
PUBLIC LAW 111–350—JAN. 4, 2011 
(c) EFFICIENT FULFILLMENT OF GOVERNMENT REQUIREMENTS.— 
The Federal Acquisition Regulation shall ensure that the require-
ment to obtain full and open competition is implemented in a 
manner that is consistent with the need to efficiently fulfill the 
Federal Government’s requirements. 
§ 3302. Requirements for purchase of property and services 
pursuant to multiple award contracts 
(a) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.— The term ‘‘executive agency’’ has 
the same meaning given in section 133 of this title. 
(2) INDIVIDUAL PURCHASE.—The term ‘‘individual purchase’’ 
means a task order, delivery order, or other purchase. 
(3) MULTIPLE AWARD CONTRACT.—The term ‘‘multiple award 
contract’’ means— 
(A) a contract that is entered into by the Administrator 
of General Services under the multiple award schedule 
program referred to in section 2302(2)(C) of title 10; 
(B) a multiple award task order contract that is entered 
into under the authority of sections 2304a to 2304d of 
title 10, or chapter 41 of this title; and 
(C) any other indefinite delivery, indefinite quantity con-
tract that is entered into by the head of an executive 
agency with 2 or more sources pursuant to the same solici-
tation. 
(4) SOLE SOURCE TASK OR DELIVERY ORDER.—The term ‘‘sole 
source task or delivery order’’ means any order that does not 
follow the competitive procedures in paragraph (2) or (3) of 
subsection (c). 
(b) REGULATIONS REQUIRED.—The Federal Acquisition Regulation 
shall require enhanced competition in the purchase of property 
and services by all executive agencies pursuant to multiple award 
contracts. 
(c) CONTENT OF REGULATIONS.— 
(1) IN GENERAL.—The regulations required by subsection (b) 
shall provide that each individual purchase of property or serv-
ices in excess of the simplified acquisition threshold that is 
made under a multiple award contract shall be made on a 
competitive basis unless a contracting officer— 
(A) waives the requirement on the basis of a determina-
tion that— 
(i) one of the circumstances described in paragraphs 
(1) to (4) of section 4106(c) of this title or section 
2304c(b) of title 10 applies to the individual purchase; 
or 
(ii) a law expressly authorizes or requires that the 
purchase be made from a specified source; and 
(B) justifies the determination in writing. 
(2) COMPETITIVE BASIS PROCEDURES.—For purposes of this 
subsection, an individual purchase of property or services is 
made on a competitive basis only if it is made pursuant to 
procedures that— 
(A) require fair notice of the intent to make that purchase 
(including a description of the work to be performed and 
the basis on which the selection will be made) to be pro-
vided to all contractors offering the property or services 
under the multiple award contract; and 
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124 STAT. 3747 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) afford all contractors responding to the notice a fair 
opportunity to make an offer and have that offer fairly 
considered by the official making the purchase. 
(3) EXCEPTION TO NOTICE REQUIREMENT.— 
(A) IN GENERAL.—Notwithstanding paragraph (2), and 
subject to subparagraph (B), notice may be provided to 
fewer than all contractors offering the property or services 
under a multiple award contract as described in subsection 
(a)(3)(A) if notice is provided to as many contractors as 
practicable. 
(B) LIMITATION ON EXCEPTION.—A purchase may not be 
made pursuant to a notice that is provided to fewer than 
all contractors under subparagraph (A) unless— 
(i) offers were received from at least 3 qualified 
contractors; or 
(ii) a contracting officer of the executive agency deter-
mines in writing that no additional qualified contrac-
tors were able to be identified despite reasonable efforts 
to do so. 
(d) PUBLIC NOTICE REQUIREMENTS RELATED
TO SOLE SOURCE 
TASK OR DELIVERY ORDERS.— 
(1) PUBLIC NOTICE REQUIRED.—The Federal Acquisition Regu-
lation shall require the head of each executive agency to— 
(A) publish on FedBizOpps notice of all sole source task 
or delivery orders in excess of the simplified acquisition 
threshold that are placed against multiple award contracts 
not later than 14 days after the orders are placed, except 
in the event of extraordinary circumstances or classified 
orders; and 
(B) disclose the determination required by subsection 
(c)(1) related to sole source task or delivery orders in excess 
of the simplified acquisition threshold placed against mul-
tiple award contracts through the same mechanism and 
to the same extent as the disclosure of documents con-
taining a justification and approval required by section 
2304(f)(1) of title 10 and section 3304(e)(1) of this title, 
except in the event of extraordinary circumstances or classi-
fied orders. 
(2) EXEMPTION.—This subsection does not require the public 
availability of information that is exempt from public disclosure 
under section 552(b) of title 5. 
(e) APPLICABILITY.—The regulations required by subsection (b) 
shall apply to all individual purchases of property or services that 
are made under multiple award contracts on or after the effective 
date of the regulations, without regard to whether the multiple 
award contracts were entered into before, on, or after the effective 
date. 
§ 3303. Exclusion of particular source or restriction of solici-
tation to small business concerns 
(a) EXCLUSION OF PARTICULAR SOURCE.— 
(1) CRITERIA FOR EXCLUSION.—An executive agency may pro-
vide for the procurement of property or services covered by 
section 3301 of this title using competitive procedures but 
excluding a particular source to establish or maintain an alter-
native source of supply for that property or service if the 
agency head determines that to do so would— 
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124 STAT. 3748 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) increase or maintain competition and likely result 
in reduced overall cost for the procurement, or for an 
anticipated procurement, of the property or services; 
(B) be in the interest of national defense in having a 
facility (or a producer, manufacturer, or other supplier) 
available for furnishing the property or service in case 
of a national emergency or industrial mobilization; 
(C) be in the interest of national defense in establishing 
or maintaining an essential engineering, research, or 
development capability to be provided by an educational 
or other nonprofit institution or a Federally funded 
research and development center; 
(D) ensure the continuous availability of a reliable source 
of supply of the property or service; 
(E) satisfy projected needs for the property or service 
determined on the basis of a history of high demand for 
the property or service; or 
(F) satisfy a critical need for medical, safety, or emer-
gency supplies. 
(2) DETERMINATION FOR CLASS DISALLOWED.—A determina-
tion under paragraph (1) may not be made for a class of 
purchases or contracts. 
(b) EXCLUSION OF OTHER THAN SMALL BUSINESS CONCERNS.— 
An executive agency may provide for the procurement of property 
or services covered by section 3301 of this title using competitive 
procedures, but excluding other than small business concerns in 
furtherance of sections 9 and 15 of the Small Business Act (15 
U.S.C. 638, 644). 
(c) NONAPPLICATION OF JUSTIFICATION AND APPROVAL REQUIRE-
MENTS.—A contract awarded pursuant to the competitive procedures 
referred to in subsections (a) and (b) is not subject to the justification 
and approval required by section 3304(e)(1) of this title. 
§ 3304. Use of noncompetitive procedures 
(a) WHEN NONCOMPETITIVE PROCEDURES MAY BE USED.—An 
executive agency may use procedures other than competitive proce-
dures only when— 
(1) the property or services needed by the executive agency 
are available from only one responsible source and no other 
type of property or services will satisfy the needs of the execu-
tive agency; 
(2) the executive agency’s need for the property or services 
is of such an unusual and compelling urgency that the Federal 
Government would be seriously injured unless the executive 
agency is permitted to limit the number of sources from which 
it solicits bids or proposals; 
(3) it is necessary to award the contract to a particular 
source— 
(A) to maintain a facility, producer, manufacturer, or 
other supplier available for furnishing property or services 
in case of a national emergency or to achieve industrial 
mobilization; 
(B) to establish or maintain an essential engineering, 
research, or development capability to be provided by an 
educational or other nonprofit institution or a Federally 
funded research and development center; 
(C) to procure the services of an expert for use, in any 
litigation or dispute (including any reasonably foreseeable 
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124 STAT. 3749 
PUBLIC LAW 111–350—JAN. 4, 2011 
litigation or dispute) involving the Federal Government, 
in any trial, hearing, or proceeding before a court, adminis-
trative tribunal, or agency, whether or not the expert is 
expected to testify; or 
(D) to procure the services of an expert or neutral for 
use in any part of an alternative dispute resolution or 
negotiated rulemaking process, whether or not the expert 
is expected to testify; 
(4) the terms of an international agreement or treaty between 
the Federal Government and a foreign government or an inter-
national organization, or the written directions of a foreign 
government reimbursing the executive agency for the cost of 
the procurement of the property or services for that government, 
have the effect of requiring the use of procedures other than 
competitive procedures; 
(5) subject to section 3105 of this title, a statute expressly 
authorizes or requires that the procurement be made through 
another executive agency or from a specified source, or the 
agency’s need is for a brand-name commercial item for author-
ized resale; 
(6) the disclosure of the executive agency’s needs would com-
promise the national security unless the agency is permitted 
to limit the number of sources from which it solicits bids 
or proposals; or 
(7) the head of the executive agency (who may not delegate 
the authority under this paragraph)— 
(A) determines that it is necessary in the public interest 
to use procedures other than competitive procedures in 
the particular procurement concerned; and 
(B) notifies Congress in writing of that determination 
not less than 30 days before the award of the contract. 
(b) PROPERTY OR SERVICES DEEMED AVAILABLE FROM ONLY ONE 
SOURCE.—For the purposes of subsection (a)(1), in the case of— 
(1) a contract for property or services to be awarded on 
the basis of acceptance of an unsolicited research proposal, 
the property or services are deemed to be available from only 
one source if the source has submitted an unsolicited research 
proposal that demonstrates a unique and innovative concept, 
the substance of which is not otherwise available to the Federal 
Government and does not resemble the substance of a pending 
competitive procurement; or 
(2) a follow-on contract for the continued development or 
production of a major system or highly specialized equipment, 
the property may be deemed to be available only from the 
original source and may be procured through procedures other 
than competitive procedures when it is likely that award to 
a source other than the original source would result in— 
(A) substantial duplication of cost to the Federal Govern-
ment that is not expected to be recovered through competi-
tion; or 
(B) unacceptable delay in fulfilling the executive agency’s 
needs. 
(c) PROPERTY OR SERVICES NEEDED WITH UNUSUAL AND COMPEL-
LING URGENCY.— 
(1) ALLOWABLE CONTRACT PERIOD.—The contract period of 
a contract described in paragraph (2) that is entered into by 
an executive agency pursuant to the authority provided under 
subsection (a)(2)— 
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124 STAT. 3750 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) may not exceed the time necessary— 
(i) to meet the unusual and compelling requirements 
of the work to be performed under the contract; and 
(ii) for the executive agency to enter into another 
contract for the required goods or services through 
the use of competitive procedures; and 
(B) may not exceed one year unless the head of the 
executive agency entering into the contract determines that 
exceptional circumstances apply. 
(2) APPLICABILITY
OF
ALLOWABLE
CONTRACT
PERIOD.—This 
subsection applies to any contract in an amount greater than 
the simplified acquisition threshold. 
(d) OFFER REQUESTS
TO POTENTIAL SOURCES.—An executive 
agency using procedures other than competitive procedures to pro-
cure property or services by reason of the application of paragraph 
(2) or (6) of subsection (a) shall request offers from as many potential 
sources as is practicable under the circumstances. 
(e) JUSTIFICATION FOR USE OF NONCOMPETITIVE PROCEDURES.— 
(1) PREREQUISITES FOR AWARDING CONTRACT.—Except as pro-
vided in paragraphs (3) and (4), an executive agency may 
not award a contract using procedures other than competitive 
procedures unless— 
(A) the contracting officer for the contract justifies the 
use of those procedures in writing and certifies the accuracy 
and completeness of the justification; 
(B) the justification is approved, in the case of a contract 
for an amount— 
(i) exceeding $500,000 but equal to or less than 
$10,000,000, by the advocate for competition for the 
procuring activity (without further delegation) or by 
an official referred to in clause (ii) or (iii); 
(ii) exceeding $10,000,000 but equal to or less than 
$50,000,000, by the head of the procuring activity or 
by a delegate who, if a member of the armed forces, 
is a general or flag officer or, if a civilian, is serving 
in a position in which the individual is entitled to 
receive the daily equivalent of the maximum annual 
rate of basic pay payable for level IV of the Executive 
Schedule (or in a comparable or higher position under 
another schedule); or 
(iii) exceeding $50,000,000, by the senior procure-
ment executive of the agency designated pursuant to 
section 1702(c) of this title (without further delegation); 
and 
(C) any required notice has been published with respect 
to the contract pursuant to section 1708 of this title and 
the executive agency has considered all bids or proposals 
received in response to that notice. 
(2) ELEMENTS OF JUSTIFICATION.—The justification required 
by paragraph (1)(A) shall include— 
(A) a description of the agency’s needs; 
(B) an identification of the statutory exception from the 
requirement to use competitive procedures and a dem-
onstration, based on the proposed contractor’s qualifications 
or the nature of the procurement, of the reasons for using 
that exception; 
(C) a determination that the anticipated cost will be 
fair and reasonable; 
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124 STAT. 3751 
PUBLIC LAW 111–350—JAN. 4, 2011 
(D) a description of the market survey conducted or a 
statement of the reasons a market survey was not con-
ducted; 
(E) a listing of any sources that expressed in writing 
an interest in the procurement; and 
(F) a statement of any actions the agency may take 
to remove or overcome a barrier to competition before a 
subsequent procurement for those needs. 
(3) JUSTIFICATION ALLOWED AFTER CONTRACT AWARDED.—In 
the case of a procurement permitted by subsection (a)(2), the 
justification and approval required by paragraph (1) may be 
made after the contract is awarded. 
(4) JUSTIFICATION
NOT
REQUIRED.—The justification and 
approval required by paragraph (1) are not required if— 
(A) a statute expressly requires that the procurement 
be made from a specified source; 
(B) the agency’s need is for a brand-name commercial 
item for authorized resale; 
(C) the procurement is permitted by subsection (a)(7); 
or 
(D) the procurement is conducted under chapter 85 of 
this title or section 8(a) of the Small Business Act (15 
U.S.C. 637(a)). 
(5) RESTRICTIONS ON EXECUTIVE AGENCIES.— 
(A) CONTRACTS AND PROCUREMENT OF PROPERTY OR SERV-
ICES.—In no case may an executive agency— 
(i) enter into a contract for property or services using 
procedures other than competitive procedures on the 
basis of the lack of advance planning or concerns 
related to the amount available to the agency for 
procurement functions; or 
(ii) procure property or services from another execu-
tive agency unless the other executive agency complies 
fully with the requirements of this division in its 
procurement of the property or services. 
(B) ADDITIONAL RESTRICTION.—The restriction set out in 
subparagraph (A)(ii) is in addition to any other restriction 
provided by law. 
(f) PUBLIC
AVAILABILITY
OF
JUSTIFICATION
AND
APPROVAL 
REQUIRED FOR USING NONCOMPETITIVE PROCEDURES.— 
(1) TIME REQUIREMENT.— 
(A) WITHIN 14 DAYS AFTER CONTRACT AWARD.—Except 
as provided in subparagraph (B), in the case of a procure-
ment permitted by subsection (a), the head of an executive 
agency shall make publicly available, within 14 days after 
the award of the contract, the documents containing the 
justification and approval required by subsection (e)(1) with 
respect to the procurement. 
(B) WITHIN 30 DAYS AFTER CONTRACT AWARD.—In the 
case of a procurement permitted by subsection (a)(2), 
subparagraph (A) shall be applied by substituting ‘‘30 days’’ 
for ‘‘14 days’’. 
(2) AVAILABILITY ON WEBSITES.—The documents referred to 
in subparagraph (A) of paragraph (1) shall be made available 
on the website of the agency and through a Government-wide 
website selected by the Administrator. 
(3) EXCEPTION
TO
AVAILABILITY
AND
APPROVAL
REQUIRE-
MENT.—This subsection does not require the public availability 
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124 STAT. 3752 
PUBLIC LAW 111–350—JAN. 4, 2011 
of information that is exempt from public disclosure under 
section 552(b) of title 5. 
§ 3305. Simplified procedures for small purchases 
(a) AUTHORIZATION.—To promote efficiency and economy in con-
tracting and to avoid unnecessary burdens for agencies and contrac-
tors, 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 reason-
ably expects, based on the nature of the property or services 
sought and on market research, that offers will include only 
commercial items. 
(b) LEASEHOLD INTERESTS IN REAL PROPERTY.—The Administrator 
of General Services shall prescribe regulations that provide special 
simplified procedures for acquisitions of leasehold interests in real 
property at rental rates that do not exceed the simplified acquisition 
threshold. The rental rate under a multiyear lease does not exceed 
the simplified acquisition threshold if the average annual amount 
of the rent payable for the period of the lease does not exceed 
the simplified acquisition threshold. 
(c) PROHIBITION ON DIVIDING CONTRACTS.—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 procedures required by subsection 
(a). 
(d) PROMOTION OF COMPETITION.—In using the simplified proce-
dures, an executive agency shall promote competition to the max-
imum extent practicable. 
(e) COMPLIANCE
WITH
SPECIAL
REQUIREMENTS
OF
FEDERAL 
ACQUISITION REGULATION.—An executive agency shall comply with 
the Federal Acquisition Regulation provisions referred to in section 
1901(e) of this title. 
§ 3306. Planning and solicitation requirements 
(a) PLANNING AND SPECIFICATIONS.— 
(1) PREPARING
FOR
PROCUREMENT.—In preparing for the 
procurement of property or services, an executive agency shall— 
(A) specify its needs and solicit bids or proposals in 
a manner designed to achieve full and open competition 
for the procurement; 
(B) use advance procurement planning and market 
research; and 
(C) develop specifications in the manner necessary to 
obtain full and open competition with due regard to the 
nature of the property or services to be acquired. 
(2) REQUIREMENTS
OF
SPECIFICATIONS.—Each solicitation 
under this division shall include specifications that— 
(A) consistent with this division, permit full and open 
competition; and 
(B) include restrictive provisions or conditions only to 
the extent necessary to satisfy the needs of the executive 
agency or as authorized by law. 
(3) TYPES
OF
SPECIFICATIONS.—For the purposes of para-
graphs (1) and (2), the type of specification included in a solici-
tation shall depend on the nature of the needs of the executive 
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124 STAT. 3753 
PUBLIC LAW 111–350—JAN. 4, 2011 
agency and the market available to satisfy those needs. Subject 
to those needs, specifications may be stated in terms of— 
(A) function, so that a variety of products or services 
may qualify; 
(B) performance, including specifications of the range 
of acceptable characteristics or of the minimum acceptable 
standards; or 
(C) design requirements. 
(b) CONTENTS OF SOLICITATION.—In addition to the specifications 
described in subsection (a), each solicitation for sealed bids or 
competitive proposals (other than for a procurement for commercial 
items using special simplified procedures or a purchase for an 
amount not greater than the simplified acquisition threshold) shall 
at a minimum include— 
(1) a statement of— 
(A) all significant factors and significant subfactors that 
the executive agency reasonably expects to consider in 
evaluating sealed bids (including price) or competitive pro-
posals (including cost or price, cost-related or price-related 
factors and subfactors, and noncost-related or nonprice- 
related factors and subfactors); and 
(B) the relative importance assigned to each of those 
factors and subfactors; and 
(2)(A) in the case of sealed bids— 
(i) a statement that sealed bids will be evaluated without 
discussions with the bidders; and 
(ii) the time and place for the opening of the sealed 
bids; or 
(B) in the case of competitive proposals— 
(i) either a statement that the proposals are intended 
to be evaluated with, and the award made after, discussions 
with the offerors, or a statement that the proposals are 
intended to be evaluated, and the award made, without 
discussions with the offerors (other than discussions con-
ducted for the purpose of minor clarification) unless discus-
sions are determined to be necessary; and 
(ii) the time and place for submission of proposals. 
(c) EVALUATION FACTORS.— 
(1) IN
GENERAL.—In prescribing the evaluation factors to 
be included in each solicitation for competitive proposals, an 
executive agency shall— 
(A) establish clearly the relative importance assigned 
to the evaluation factors and subfactors, including the 
quality of the product or services to be provided (including 
technical capability, management capability, prior experi-
ence, and past performance of the offeror); 
(B) include cost or price to the Federal Government as 
an evaluation factor that must be considered in the evalua-
tion of proposals; and 
(C) disclose to offerors whether all evaluation factors 
other than cost or price, when combined, are— 
(i) significantly more important than cost or price; 
(ii) approximately equal in importance to cost or 
price; or 
(iii) significantly less important than cost or price. 
(2) RESTRICTION ON IMPLEMENTING REGULATIONS.—Regula-
tions implementing paragraph (1)(C) may not define the terms 
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124 STAT. 3754 
PUBLIC LAW 111–350—JAN. 4, 2011 
‘‘significantly more important’’ and ‘‘significantly less impor-
tant’’ as specific numeric weights that would be applied uni-
formly to all solicitations or a class of solicitations. 
(d) ADDITIONAL INFORMATION IN SOLICITATION.—This section does 
not prohibit an executive agency from— 
(1) providing additional information in a solicitation, 
including numeric weights for all evaluation factors and subfac-
tors on a case-by-case basis; or 
(2) stating in a solicitation that award will be made to the 
offeror that meets the solicitation’s mandatory requirements 
at the lowest cost or price. 
(e) LIMITATION
ON EVALUATION
OF PURCHASE OPTIONS.—An 
executive agency, in issuing a solicitation for a contract to be 
awarded using sealed bid procedures, may not include in the solici-
tation a clause providing for the evaluation of prices for options 
to purchase additional property or services under the contract 
unless the executive agency has determined that there is a reason-
able likelihood that the options will be exercised. 
(f) AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRAC-
TORS.— 
(1) DEFINITION.—In this subsection, the term ‘‘executive 
agency’’ has the meaning given that term in section 133 of 
this title. 
(2) FEDERAL ACQUISITION REGULATION TO ALLOW TELECOM-
MUTING.—The Federal Acquisition Regulation issued in accord-
ance with sections 1121(b) and 1303(a)(1) of this title shall 
permit telecommuting by employees of Federal Government 
contractors in the performance of contracts entered into with 
executive agencies. 
(3) SCOPE OF ALLOWANCE.—The Federal Acquisition Regula-
tion at a minimum shall provide that a solicitation for the 
acquisition of property or services may not set forth any require-
ment or evaluation criteria that would— 
(A) render an offeror ineligible to enter into a contract 
on the basis of the inclusion of a plan of the offeror to 
allow the offeror’s employees to telecommute, unless the 
contracting officer concerned first determines that the 
requirements of the agency, including security require-
ments, cannot be met if telecommuting is allowed and 
documents in writing the basis for the determination; or 
(B) reduce the scoring of an offer on the basis of the 
inclusion in the offer of a plan of the offeror to allow 
the offeror’s employees to telecommute, unless the con-
tracting officer concerned first determines that the require-
ments of the agency, including security requirements, 
would be adversely impacted if telecommuting is allowed 
and documents in writing the basis for the determination. 
§ 3307. Preference for commercial items 
(a) RELATIONSHIP OF PROVISIONS OF LAW TO PROCUREMENT OF 
COMMERCIAL ITEMS.— 
(1) THIS DIVISION.—Unless otherwise specifically provided, 
all other provisions in this division also apply to the procure-
ment of commercial items. 
(2) LAWS LISTED IN FEDERAL ACQUISITION REGULATION.—A 
contract for the procurement of a commercial item entered 
into by the head of an executive agency is not subject to 
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124 STAT. 3755 
PUBLIC LAW 111–350—JAN. 4, 2011 
a law properly listed in the Federal Acquisition Regulation 
pursuant to section 1906 of this title. 
(b) PREFERENCE.—The head of each executive agency shall ensure 
that, to the maximum extent practicable— 
(1) requirements of the executive agency with respect to 
a procurement of supplies or services are stated in terms of— 
(A) functions to be performed; 
(B) performance required; or 
(C) essential physical characteristics; 
(2) those requirements are defined so that commercial items 
or, to the extent that commercial items suitable to meet the 
executive agency’s needs are not available, nondevelopmental 
items other than commercial items may be procured to fulfill 
those requirements; and 
(3) offerors of commercial items and nondevelopmental items 
other than commercial items are provided an opportunity to 
compete in any procurement to fill those requirements. 
(c) IMPLEMENTATION.—The head of each executive agency shall 
ensure that procurement officials in that executive agency, to the 
maximum extent practicable— 
(1) acquire commercial items or nondevelopmental items 
other than commercial items to meet the needs of the executive 
agency; 
(2) require that prime contractors and subcontractors at all 
levels under contracts of the executive agency incorporate 
commercial items or nondevelopmental items other than 
commercial items as components of items supplied to the execu-
tive agency; 
(3) modify requirements in appropriate cases to ensure that 
the requirements can be met by commercial items or, to the 
extent that commercial items suitable to meet the executive 
agency’s needs are not available, nondevelopmental items other 
than commercial items; 
(4) state specifications in terms that enable and encourage 
bidders and offerors to supply commercial items or, to the 
extent that commercial items suitable to meet the executive 
agency’s needs are not available, nondevelopmental items other 
than commercial items in response to the executive agency 
solicitations; 
(5) revise the executive agency’s procurement policies, prac-
tices, and procedures not required by law to reduce any impedi-
ments in those policies, practices, and procedures to the acquisi-
tion of commercial items; and 
(6) require training of appropriate personnel in the acquisi-
tion of commercial items. 
(d) MARKET RESEARCH.— 
(1) WHEN TO BE USED.—The head of an executive agency 
shall conduct market research appropriate to the cir-
cumstances— 
(A) before developing new specifications for a procure-
ment by that executive agency; and 
(B) before soliciting bids or proposals for a contract in 
excess of the simplified acquisition threshold. 
(2) USE OF RESULTS.—The head of an executive agency shall 
use the results of market research to determine whether 
commercial items or, to the extent that commercial items suit-
able to meet the executive agency’s needs are not available, 
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124 STAT. 3756 
PUBLIC LAW 111–350—JAN. 4, 2011 
nondevelopmental items other than commercial items are avail-
able that— 
(A) meet the executive agency’s requirements; 
(B) could be modified to meet the executive agency’s 
requirements; or 
(C) could meet the executive agency’s requirements if 
those requirements were modified to a reasonable extent. 
(3) ONLY
MINIMUM
INFORMATION
REQUIRED
TO
BE
SUB-
MITTED.—In conducting market research, the head of an execu-
tive agency should not require potential sources to submit 
more than the minimum information that is necessary to make 
the determinations required in paragraph (2). 
(e) REGULATIONS.— 
(1) IN GENERAL.—The Federal Acquisition Regulation shall 
provide regulations to implement this section, sections 102, 
103, 105, and 110 of this title, and chapter 140 of title 10. 
(2) CONTRACT CLAUSES.— 
(A) DEFINITION.—In this paragraph, the term ‘‘sub-
contract’’ includes a transfer of commercial items between 
divisions, subsidiaries, or affiliates of a contractor or sub-
contractor. 
(B) LIST OF CLAUSES TO BE INCLUDED.—The regulations 
prescribed under paragraph (1) shall contain a list of con-
tract clauses to be included in contracts for the acquisition 
of commercial end items. To the maximum extent prac-
ticable, the list shall include only those contract clauses 
that are— 
(i) required to implement provisions of law or execu-
tive orders applicable to acquisitions of commercial 
items or commercial components; or 
(ii) determined to be consistent with standard 
commercial practice. 
(C) REQUIREMENTS OF PRIME CONTRACTOR.—The regula-
tions shall provide that the Federal Government shall not 
require a prime contractor to apply to any of its divisions, 
subsidiaries, affiliates, subcontractors, or suppliers that are 
furnishing commercial items any contract clause except 
those that are— 
(i) required to implement provisions of law or execu-
tive orders applicable to subcontractors furnishing 
commercial items or commercial components; or 
(ii) determined to be consistent with standard 
commercial practice. 
(D) CLAUSES THAT MAY BE USED IN A CONTRACT.—To 
the maximum extent practicable, only the contract clauses 
listed pursuant to subparagraph (B) may be used in a 
contract, and only the contract clauses referred to in 
subparagraph (C) may be required to be used in a sub-
contract, for the acquisition of commercial items or commer-
cial components by or for an executive agency. 
(E) WAIVER OF CONTRACT CLAUSES.—The Federal Acquisi-
tion Regulation shall provide standards and procedures 
for waiving the use of contract clauses required pursuant 
to subparagraph (B), other than those required by law, 
including standards for determining the cases in which 
a waiver is appropriate. 
(3) MARKET ACCEPTANCE.— 
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124 STAT. 3757 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) REQUIREMENT OF OFFERORS.—The Federal Acquisi-
tion Regulation shall provide that under appropriate condi-
tions the head of an executive agency may require offerors 
to demonstrate that the items offered— 
(i) have achieved commercial market acceptance or 
been satisfactorily supplied to an executive agency 
under current or recent contracts for the same or 
similar requirements; and 
(ii) otherwise meet the item description, specifica-
tions, or other criteria prescribed in the public notice 
and solicitation relating to the contract. 
(B) REGULATION TO PROVIDE GUIDANCE ON CRITERIA.— 
The Federal Acquisition Regulation shall provide guidance 
to ensure that the criteria for determining commercial 
market acceptance include the consideration of— 
(i) the minimum needs of the executive agency con-
cerned; and 
(ii) the entire relevant commercial market, including 
small businesses. 
(4) PROVISIONS RELATING TO TYPES OF CONTRACTS.— 
(A) TYPES OF CONTRACTS THAT MAY BE USED.—The Fed-
eral Acquisition Regulation shall include, for acquisitions 
of commercial items— 
(i) a requirement that firm, fixed price contracts 
or fixed price with economic price adjustment contracts 
be used to the maximum extent practicable; 
(ii) a prohibition on use of cost type contracts; and 
(iii) subject to subparagraph (B), authority for use 
of a time-and-materials or labor-hour contract for the 
procurement of commercial services that are commonly 
sold to the general public through those contracts and 
are purchased by the procuring agency on a competitive 
basis. 
(B) WHEN
TIME-AND-MATERIALS
OR
LABOR-HOUR
CON-
TRACT MAY BE USED.—A time-and-materials or labor-hour 
contract may be used pursuant to the authority referred 
to in subparagraph (A)(iii)— 
(i) only for a procurement of commercial services 
in a category of commercial services described in 
subparagraph (C); and 
(ii) only if the contracting officer for the procure-
ment— 
(I) executes a determination and findings that 
no other contract type is suitable; 
(II) includes in the contract a ceiling price that 
the contractor exceeds at its own risk; and 
(III) authorizes a subsequent change in the 
ceiling price only on a determination, documented 
in the contract file, that it is in the best interest 
of the procuring agency to change the ceiling price. 
(C) CATEGORIES
OF
COMMERCIAL
SERVICES.—The cat-
egories of commercial services referred to in subparagraph 
(B) are as follows: 
(i) Commercial services procured for support of a 
commercial item, as described in section 103(5) of this 
title. 
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124 STAT. 3758 
PUBLIC LAW 111–350—JAN. 4, 2011 
(ii) Any other category of commercial services that 
the Administrator for Federal Procurement Policy des-
ignates in the Federal Acquisition Regulation for the 
purposes of this subparagraph on the basis that— 
(I) the commercial services in the category are 
of a type of commercial services that are commonly 
sold to the general public through use of time- 
and-materials or labor-hour contracts; and 
(II) it would be in the best interests of the Fed-
eral Government to authorize use of time-and- 
materials or labor-hour contracts for purchases of 
the commercial services in the category. 
(5) CONTRACT
QUALITY
REQUIREMENTS.—Regulations pre-
scribed under paragraph (1) shall include provisions that— 
(A) allow, to the maximum extent practicable, a con-
tractor under a commercial items acquisition to use the 
existing quality assurance system of the contractor as a 
substitute for compliance with an otherwise applicable 
requirement for the Federal Government to inspect or test 
the commercial items before the contractor’s tender of those 
items for acceptance by the Federal Government; 
(B) require that, to the maximum extent practicable, 
the executive agency take advantage of warranties 
(including extended warranties) offered by offerors of 
commercial items and use those warranties for the repair 
and replacement of commercial items; and 
(C) set forth guidance regarding the use of past perform-
ance of commercial items and sources as a factor in contract 
award decisions. 
§ 3308. Planning for future competition in contracts for 
major systems 
(a) DEVELOPMENT CONTRACT.— 
(1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.—In 
preparing a solicitation for the award of a development contract 
for a major system, the head of an agency shall consider 
requiring in the solicitation that an offeror include in its offer 
proposals described in paragraph (2). In determining whether 
to require the proposals, the head of the agency shall consider 
the purposes for which the system is being procured and the 
technology necessary to meet the system’s required capabilities. 
If the proposals are required, the head of the agency shall 
consider them in evaluating the offeror’s price. 
(2) CONTENTS OF PROPOSALS.—The proposals that the head 
of an agency is to consider requiring in a solicitation for the 
award of a development contract are the following: 
(A) Proposals to incorporate in the design of the major 
system items that are currently available within the supply 
system of the Federal agency responsible for the major 
system, available elsewhere in the national supply system, 
or commercially available from more than one source. 
(B) With respect to items that are likely to be required 
in substantial quantities during the system’s service life, 
proposals to incorporate in the design of the major system 
items that the Federal Government will be able to acquire 
competitively in the future. 
(b) PRODUCTION CONTRACT.— 
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124 STAT. 3759 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.—In 
preparing a solicitation for the award of a production contract 
for a major system, the head of an agency shall consider 
requiring in the solicitation that an offeror include in its offer 
proposals described in paragraph (2). In determining whether 
to require the proposals, the head of the agency shall consider 
the purposes for which the system is being procured and the 
technology necessary to meet the system’s required capabilities. 
If the proposals are required, the head of the agency shall 
consider them in evaluating the offeror’s price. 
(2) CONTENT OF PROPOSALS.—The proposals that the head 
of an agency is to consider requiring in a solicitation for the 
award of a production contract are proposals identifying 
opportunities to ensure that the Federal Government will be 
able to obtain on a competitive basis items procured in connec-
tion with the system that are likely to be reprocured in substan-
tial quantities during the service life of the system. Proposals 
submitted in response to this requirement may include the 
following: 
(A) Proposals to provide to the Federal Government the 
right to use technical data to be provided under the contract 
for competitive reprocurement of the item, together with 
the cost to the Federal Government of acquiring the data 
and the right to use the data. 
(B) Proposals for the qualification or development of mul-
tiple sources of supply for the item. 
(c) CONSIDERATION
OF FACTORS
AS OBJECTIVES
IN NEGOTIA-
TIONS.—If the head of an agency is making a noncompetitive award 
of a development contract or a production contract for a major 
system, the factors specified in subsections (a) and (b) to be consid-
ered in evaluating an offer for a contract may be considered as 
objectives in negotiating the contract to be awarded. 
§ 3309. Design-build selection procedures 
(a) AUTHORIZATION.—Unless the traditional acquisition approach 
of design-bid-build established under sections 1101 to 1104 of title 
40 or another acquisition procedure authorized by law is used, 
the head of an executive agency shall use the two-phase selection 
procedures authorized in this section for entering into a contract 
for the design and construction of a public building, facility, or 
work when a determination is made under subsection (b) that 
the procedures are appropriate for use. 
(b) CRITERIA FOR USE.—A contracting officer shall make a deter-
mination whether two-phase selection procedures are appropriate 
for use for entering into a contract for the design and construction 
of a public building, facility, or work when— 
(1) the contracting officer anticipates that 3 or more offers 
will be received for the contract; 
(2) design work must be performed before an offeror can 
develop a price or cost proposal for the contract; 
(3) the offeror will incur a substantial amount of expense 
in preparing the offer; and 
(4) the contracting officer has considered information such 
as the following: 
(A) The extent to which the project requirements have 
been adequately defined. 
(B) The time constraints for delivery of the project. 
(C) The capability and experience of potential contractors. 
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124 STAT. 3760 
PUBLIC LAW 111–350—JAN. 4, 2011 
(D) The suitability of the project for use of the two- 
phase selection procedures. 
(E) The capability of the agency to manage the two- 
phase selection process. 
(F) Other criteria established by the agency. 
(c) PROCEDURES DESCRIBED.—Two-phase selection procedures con-
sist of the following: 
(1) DEVELOPMENT
OF
SCOPE
OF
WORK
STATEMENT.—The 
agency develops, either in-house or by contract, a scope of 
work statement for inclusion in the solicitation that defines 
the project and provides prospective offerors with sufficient 
information regarding the Federal Government’s requirements 
(which may include criteria and preliminary design, budget 
parameters, and schedule or delivery requirements) to enable 
the offerors to submit proposals that meet the Federal Govern-
ment’s needs. If the agency contracts for development of the 
scope of work statement, the agency shall contract for architec-
tural and engineering services as defined by and in accordance 
with sections 1101 to 1104 of title 40. 
(2) SOLICITATION OF PHASE-ONE PROPOSALS.—The contracting 
officer solicits phase-one proposals that— 
(A) include information on the offeror’s— 
(i) technical approach; and 
(ii) technical qualifications; and 
(B) do not include— 
(i) detailed design information; or 
(ii) cost or price information. 
(3) EVALUATION FACTORS.—The evaluation factors to be used 
in evaluating phase-one proposals are stated in the solicitation 
and include specialized experience and technical competence, 
capability to perform, past performance of the offeror’s team 
(including the architect-engineer and construction members of 
the team), and other appropriate factors, except that cost- 
related or price-related evaluation factors are not permitted. 
Each solicitation establishes the relative importance assigned 
to the evaluation factors and subfactors that must be considered 
in the evaluation of phase-one proposals. The agency evaluates 
phase-one proposals on the basis of the phase-one evaluation 
factors set forth in the solicitation. 
(4) SELECTION BY CONTRACTING OFFICER.— 
(A) NUMBER OF OFFERORS SELECTED AND WHAT IS TO 
BE EVALUATED.—The contracting officer selects as the most 
highly qualified the number of offerors specified in the 
solicitation to provide the property or services under the 
contract and requests the selected offerors to submit phase- 
two competitive proposals that include technical proposals 
and cost or price information. Each solicitation establishes 
with respect to phase two— 
(i) the technical submission for the proposal, 
including design concepts or proposed solutions to 
requirements addressed within the scope of work, or 
both; and 
(ii) the evaluation factors and subfactors, including 
cost or price, that must be considered in the evalua-
tions of proposals in accordance with subsections (b) 
to (d) of section 3306 of this title. 
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124 STAT. 3761 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) SEPARATE
EVALUATIONS.—The contracting officer 
separately evaluates the submissions described in clauses 
(i) and (ii) of subparagraph (A). 
(5) AWARDING OF CONTRACT.—The agency awards the contract 
in accordance with chapter 37 of this title. 
(d) SOLICITATION
TO
STATE
NUMBER
OF
OFFERORS
TO
BE 
SELECTED
FOR
PHASE-TWO
REQUESTS
FOR
COMPETITIVE
PRO-
POSALS.—A solicitation issued pursuant to the procedures described 
in subsection (c) shall state the maximum number of offerors that 
are to be selected to submit competitive proposals pursuant to 
subsection (c)(4). The maximum number specified in the solicitation 
shall not exceed 5 unless the agency determines with respect to 
an individual solicitation that a specified number greater than 
5 is in the Federal Government’s interest and is consistent with 
the purposes and objectives of the two-phase selection process. 
(e) REQUIREMENT FOR GUIDANCE AND REGULATIONS.—The Federal 
Acquisition Regulation shall include guidance— 
(1) regarding the factors that may be considered in deter-
mining whether the two-phase contracting procedures author-
ized by subsection (a) are appropriate for use in individual 
contracting situations; 
(2) regarding the factors that may be used in selecting con-
tractors; and 
(3) providing for a uniform approach to be used Government- 
wide. 
§ 3310. Quantities to order 
(a) FACTORS AFFECTING QUANTITY TO ORDER.—Each executive 
agency shall procure supplies in a quantity that— 
(1) will result in the total cost and unit cost most advan-
tageous to the Federal Government, where practicable; and 
(2) does not exceed the quantity reasonably expected to be 
required by the agency. 
(b) OFFEROR’S OPINION
OF QUANTITY.—Each solicitation for a 
contract for supplies shall, if practicable, include a provision inviting 
each offeror responding to the solicitation to state an opinion on 
whether the quantity of supplies proposed to be procured is economi-
cally advantageous to the Federal Government and, if applicable, 
to recommend a quantity that would be more economically advan-
tageous to the Federal Government. Each recommendation shall 
include a quotation of the total price and the unit price for supplies 
procured in each recommended quantity. 
§ 3311. Qualification requirement 
(a) DEFINITION.—In this section, the term ‘‘qualification require-
ment’’ means a requirement for testing or other quality assurance 
demonstration that must be completed by an offeror before award 
of a contract. 
(b) ACTIONS BEFORE ENFORCING QUALIFICATION REQUIREMENT.— 
Except as provided in subsection (c), the head of an agency, before 
enforcing any qualification requirement, shall— 
(1) prepare a written justification stating the necessity for 
establishing the qualification requirement and specify why the 
qualification requirement must be demonstrated before contract 
award; 
(2) specify in writing and make available to a potential offeror 
on request all requirements that a prospective offeror, or its 
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124 STAT. 3762 
PUBLIC LAW 111–350—JAN. 4, 2011 
product, must satisfy to become qualified, with those require-
ments to be limited to those least restrictive to meet the pur-
poses necessitating the establishment of the qualification 
requirement; 
(3) specify an estimate of the cost of testing and evaluation 
likely to be incurred by a potential offeror to become qualified; 
(4) ensure that a potential offeror is provided, on request, 
a prompt opportunity to demonstrate at its own expense (except 
as provided in subsection (d)) its ability to meet the standards 
specified for qualification using— 
(A) qualified personnel and facilities— 
(i) of the agency concerned; 
(ii) of another agency obtained through interagency 
agreement; or 
(iii) under contract; or 
(B) other methods approved by the agency (including 
use of approved testing and evaluation services not pro-
vided under contract to the agency); 
(5) if testing and evaluation services are provided under 
contract to the agency for the purposes of paragraph (4), provide 
to the extent possible that those services be provided by a 
contractor that— 
(A) is not expected to benefit from an absence of addi-
tional qualified sources; and 
(B) is required in the contract to adhere to any restriction 
on technical data asserted by the potential offeror seeking 
qualification; and 
(6) ensure that a potential offeror seeking qualification is 
promptly informed whether qualification is attained and, if 
not attained, is promptly furnished specific information about 
why qualification was not attained. 
(c) APPLICABILITY, WAIVER
AUTHORITY, 
AND
REFERRAL
OF 
OFFERS.— 
(1) APPLICABILITY.—Subsection (b) does not apply to a quali-
fication requirement established by statute prior to October 
30, 1984. 
(2) WAIVER AUTHORITY.— 
(A) 
SUBMISSION
OF
DETERMINATION
OF 
UNREASONABLENESS.—Except as provided in subparagraph 
(C), if it is unreasonable to specify the standards for quali-
fication that a prospective offeror or its product must sat-
isfy, a determination to that effect shall be submitted to 
the advocate for competition of the procuring activity 
responsible for the purchase of the item subject to the 
qualification requirement. 
(B) AUTHORITY TO GRANT WAIVER.—After considering any 
comments of the advocate for competition reviewing the 
determination, the head of the procuring activity may waive 
the requirements of paragraphs (2) to (5) of subsection 
(b) for up to 2 years with respect to the item subject 
to the qualification requirement. 
(C) NONAPPLICABILITY TO QUALIFIED PRODUCTS LIST.— 
Waiver authority under this paragraph does not apply with 
respect to a qualified products list. 
(3) SUBMISSION AND CONSIDERATION OF OFFER NOT TO BE 
DENIED.—A potential offeror may not be denied the opportunity 
to submit and have considered an offer for a contract solely 
because the potential offeror has not been identified as meeting 
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124 STAT. 3763 
PUBLIC LAW 111–350—JAN. 4, 2011 
a qualification requirement if the potential offeror can dem-
onstrate to the satisfaction of the contracting officer that the 
potential offeror or its product meets the standards established 
for qualification or can meet those standards before the date 
specified for award of the contract. 
(4) REFERRAL
TO
SMALL
BUSINESS
ADMINISTRATION
NOT 
REQUIRED.—This subsection does not require the referral of 
an offer to the Small Business Administration pursuant to 
section 8(b)(7) of the Small Business Act (15 U.S.C. 637(b)(7)) 
if the basis for the referral is a challenge by the offeror to 
either the validity of the qualification requirement or the 
offeror’s compliance with that requirement. 
(5) DELAY OF PROCUREMENT NOT REQUIRED.—The head of 
an agency need not delay a proposed procurement to comply 
with subsection (b) or to provide a potential offeror with an 
opportunity to demonstrate its ability to meet the standards 
specified for qualification. 
(d) FEWER THAN 2 ACTUAL MANUFACTURERS.— 
(1) SOLICITATION AND TESTING OF ADDITIONAL SOURCES OR 
PRODUCTS.—If the number of qualified sources or qualified prod-
ucts available to compete actively for an anticipated future 
requirement is fewer than 2 actual manufacturers or the prod-
ucts of 2 actual manufacturers, respectively, the head of the 
agency concerned shall— 
(A) publish notice periodically soliciting additional 
sources or products to seek qualification, unless the con-
tracting officer determines that doing so would compromise 
national security; and 
(B) subject to paragraph (2), bear the cost of conducting 
the specified testing and evaluation (excluding the cost 
associated with producing the item or establishing the 
production, quality control, or other system to be tested 
and evaluated) for a small business concern or a product 
manufactured by a small business concern that has met 
the standards specified for qualification and that could 
reasonably be expected to compete for a contract for that 
requirement. 
(2) WHEN AGENCY MAY BEAR COST.—The head of the agency 
concerned may bear the cost under paragraph (1)(B) only if 
the head of the agency determines that the additional qualified 
sources or products are likely to result in cost savings from 
increased competition for future requirements sufficient to 
offset (within a reasonable period of time considering the dura-
tion and dollar value of anticipated future requirements) the 
cost incurred by the agency. 
(3) CERTIFICATION REQUIRED.—The head of the agency shall 
require a prospective contractor requesting the Federal Govern-
ment to bear testing and evaluation costs under paragraph 
(1)(B) to certify its status as a small business concern under 
section 3 of the Small Business Act (15 U.S.C. 632). 
(e) EXAMINATION AND REVALIDATION OF QUALIFICATION REQUIRE-
MENT.—Within 7 years after the establishment of a qualification 
requirement, the need for the requirement shall be examined and 
the standards of the requirement revalidated in accordance with 
the requirements of subsection (b). This subsection does not apply 
in the case of a qualification requirement for which a waiver is 
in effect under subsection (c)(2). 
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124 STAT. 3764 
PUBLIC LAW 111–350—JAN. 4, 2011 
(f) WHEN ENFORCEMENT OF QUALIFICATION REQUIREMENT NOT 
ALLOWED.—Except in an emergency as determined by the head 
of the agency, after the head of the agency determines not to 
enforce a qualification requirement for a solicitation, the agency 
may not enforce the requirement unless the agency complies with 
the requirements of subsection (b). 
CHAPTER 35—TRUTHFUL COST OR PRICING DATA 
Sec. 
3501.
General. 
3502.
Required cost or pricing data and certification. 
3503.
Exceptions. 
3504.
Cost or pricing data on below-threshold contracts. 
3505.
Submission of other information. 
3506.
Price reductions for defective cost or pricing data. 
3507.
Interest and penalties for certain overpayments. 
3508.
Right to examine contractor records. 
3509.
Notification of violations of Federal criminal law or overpayments. 
§ 3501. General 
(a) DEFINITIONS.—In this chapter: 
(1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the 
meaning provided the term by section 103 of this title. 
(2) COST OR PRICING DATA.—The term ‘‘cost or pricing data’’ 
means all facts that, as of the date of agreement on the price 
of a contract (or the price of a contract modification) or, if 
applicable consistent with section 3506(a)(2) of this title, 
another date agreed upon between the parties, a prudent buyer 
or seller would reasonably expect to affect price negotiations 
significantly. The term does not include information that is 
judgmental, but does include factual information from which 
a judgment was derived. 
(3) SUBCONTRACT.—The term ‘‘subcontract’’ includes a 
transfer of commercial items between divisions, subsidiaries, 
or affiliates of a contractor or a subcontractor. 
(b) REGULATIONS.— 
(1) MINIMIZING
ABUSE
OF
COMMERCIAL
SERVICES
ITEM 
AUTHORITY.—The Federal Acquisition Regulation shall ensure 
that services that are not offered and sold competitively in 
substantial quantities in the commercial marketplace, but are 
of a type offered and sold competitively in substantial quantities 
in the commercial marketplace, may be treated as commercial 
items for purposes of this chapter only if the contracting officer 
determines in writing that the offeror has submitted sufficient 
information to evaluate, through price analysis, the reasonable-
ness of the price for the services. 
(2) INFORMATION
TO
SUBMIT.—To the extent necessary to 
make a determination under paragraph (1), the contracting 
officer may request the offeror to submit— 
(A) prices paid for the same or similar commercial items 
under comparable terms and conditions by both govern-
ment and commercial customers; and 
(B) if the contracting officer determines that the informa-
tion described in subparagraph (A) is not sufficient to deter-
mine the reasonableness of price, other relevant informa-
tion regarding the basis for price or cost, including informa-
tion on labor costs, material costs, and overhead rates. 
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124 STAT. 3765 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 3502. Required cost or pricing data and certification 
(a) WHEN REQUIRED.—The head of an executive agency shall 
require offerors, contractors, and subcontractors to make cost or 
pricing data available as follows: 
(1) OFFEROR FOR PRIME CONTRACT.—An offeror for a prime 
contract under this division to be entered into using procedures 
other than sealed-bid procedures shall be required to submit 
cost or pricing data before the award of a contract if— 
(A) in the case of a prime contract entered into after 
October 13, 1994, the price of the contract to the Federal 
Government is expected to exceed $500,000; and 
(B) in the case of a prime contract entered into on or 
before October 13, 1994, the price of the contract to the 
Federal Government is expected to exceed $100,000. 
(2) CONTRACTOR.—The contractor for a prime contract under 
this division shall be required to submit cost or pricing data 
before the pricing of a change or modification to the contract 
if— 
(A) in the case of a change or modification made to 
a prime contract referred to in paragraph (1)(A), the price 
adjustment is expected to exceed $500,000; 
(B) in the case of a change or modification made to 
a prime contract that was entered into on or before October 
13, 1994, and that has been modified pursuant to sub-
section (f), the price adjustment is expected to exceed 
$500,000; and 
(C) in the case of a change or modification not covered 
by subparagraph (A) or (B), the price adjustment is 
expected to exceed $100,000. 
(3) OFFEROR FOR SUBCONTRACT.—An offeror for a subcontract 
(at any tier) of a contract under this division shall be required 
to submit cost or pricing data before the award of the sub-
contract if the prime contractor and each higher-tier subcon-
tractor have been required to make available cost or pricing 
data under this chapter and— 
(A) in the case of a subcontract under a prime contract 
referred to in paragraph (1)(A), the price of the subcontract 
is expected to exceed $500,000; 
(B) in the case of a subcontract entered into under a 
prime contract that was entered into on or before October 
13, 1994, and that has been modified pursuant to sub-
section (f), the price of the subcontract is expected to exceed 
$500,000; and 
(C) in the case of a subcontract not covered by subpara-
graph (A) or (B), the price of the subcontract is expected 
to exceed $100,000. 
(4) SUBCONTRACTOR.—The subcontractor for a subcontract 
covered by paragraph (3) shall be required to submit cost or 
pricing data before the pricing of a change or modification 
to the subcontract if— 
(A) in the case of a change or modification to a sub-
contract referred to in paragraph (3)(A) or (B), the price 
adjustment is expected to exceed $500,000; and 
(B) in the case of a change or modification to a sub-
contract referred to in paragraph (3)(C), the price adjust-
ment is expected to exceed $100,000. 
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124 STAT. 3766 
PUBLIC LAW 111–350—JAN. 4, 2011 
(b) CERTIFICATION.—A person required, as an offeror, contractor, 
or subcontractor, to submit cost or pricing data under subsection 
(a) (or required by the head of the procuring activity concerned 
to submit the data under section 3504 of this title) shall be required 
to certify that, to the best of the person’s knowledge and belief, 
the cost or pricing data submitted are accurate, complete, and 
current. 
(c) TO WHOM SUBMITTED.—Cost or pricing data required to be 
submitted under subsection (a) (or under section 3504 of this title), 
and a certification required to be submitted under subsection (b), 
shall be submitted— 
(1) in the case of a submission by a prime contractor (or 
an offeror for a prime contract), to the contracting officer for 
the contract (or a designated representative of the contracting 
officer); or 
(2) in the case of a submission by a subcontractor (or an 
offeror for a subcontract), to the prime contractor. 
(d) APPLICATION OF CHAPTER.—Except as provided under section 
3503 of this title, this chapter applies to contracts entered into 
by the head of an executive agency on behalf of a foreign govern-
ment. 
(e) SUBCONTRACTS NOT AFFECTED
BY WAIVER.—A waiver of 
requirements for submission of certified cost or pricing data that 
is granted under section 3503(a)(3) of this title in the case of 
a contract or subcontract does not waive the requirement under 
subsection (a)(3) of this section for submission of cost or pricing 
data in the case of subcontracts under that contract or subcontract 
unless the head of the procuring activity granting the waiver deter-
mines that the requirement under subsection (a)(3) of this section 
should be waived in the case of those subcontracts and justifies 
in writing the reason for the determination. 
(f) MODIFICATIONS TO PRIOR CONTRACTS.—On the request of a 
contractor that was required to submit cost or pricing data under 
subsection (a) in connection with a prime contract entered into 
on or before October 13, 1994, the head of the executive agency 
that entered into the contract shall modify the contract to reflect 
paragraphs (2)(B) and (3)(B) of subsection (a). All those modifica-
tions shall be made without requiring consideration. 
(g) ADJUSTMENT OF AMOUNTS.—Effective on October 1 of each 
year that is divisible by 5, each amount set forth in subsection 
(a) shall be adjusted to the amount that is equal to the fiscal 
year 1994 constant dollar value of the amount set forth. Any 
amount, as so adjusted, that is not evenly divisible by $50,000 
shall be rounded to the nearest multiple of $50,000. In the case 
of an amount that is evenly divisible by $25,000 but not evenly 
divisible by $50,000, the amount shall be rounded to the next 
higher multiple of $50,000. 
§ 3503. Exceptions 
(a) IN GENERAL.—Submission of certified cost or pricing data 
shall not be required under section 3502 of this title in the case 
of a contract, a subcontract, or a modification of a contract or 
subcontract— 
(1) for which the price agreed on is based on— 
(A) adequate price competition; or 
(B) prices set by law or regulation; 
(2) for the acquisition of a commercial item; or 
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124 STAT. 3767 
PUBLIC LAW 111–350—JAN. 4, 2011 
(3) in an exceptional case when the head of the procuring 
activity, without delegation, determines that the requirements 
of this chapter may be waived and justifies in writing the 
reasons for the determination. 
(b) MODIFICATIONS
OF
CONTRACTS
AND
SUBCONTRACTS
FOR 
COMMERCIAL ITEMS.—In the case of a modification of a contract 
or subcontract for a commercial item that is not covered by the 
exception to the submission of certified cost or pricing data in 
paragraph (1) or (2) of subsection (a), submission of certified cost 
or pricing data shall not be required under section 3502 of this 
title if— 
(1) the contract or subcontract being modified is a contract 
or subcontract for which submission of certified cost or pricing 
data may not be required by reason of paragraph (1) or (2) 
of subsection (a); and 
(2) the modification would not change the contract or sub-
contract from a contract or subcontract for the acquisition of 
a commercial item to a contract or subcontract for the acquisi-
tion of an item other than a commercial item. 
§ 3504. Cost or pricing data on below-threshold contracts 
(a) AUTHORITY TO REQUIRE SUBMISSION.—Subject to subsection 
(b), when certified cost or pricing data are not required to be 
submitted by section 3502 of this title for a contract, subcontract, 
or modification of a contract or subcontract, the data may neverthe-
less be required to be submitted by the head of the procuring 
activity, but only if the head of the procuring activity determines 
that the data are necessary for the evaluation by the agency of 
the reasonableness of the price of the contract, subcontract, or 
modification of a contract or subcontract. In any case in which 
the head of the procuring activity requires the data to be submitted 
under this section, the head of the procuring activity shall justify 
in writing the reason for the requirement. 
(b) EXCEPTION.—The head of the procuring activity may not 
require certified cost or pricing data to be submitted under this 
section for any contract or subcontract, or modification of a contract 
or subcontract, covered by the exceptions in section 3503(a)(1) or 
(2) of this title. 
(c) DELEGATION OF AUTHORITY PROHIBITED.—The head of a pro-
curing activity may not delegate the functions under this section. 
§ 3505. Submission of other information 
(a) AUTHORITY TO REQUIRE SUBMISSION.—When certified cost 
or pricing data are not required to be submitted under this chapter 
for a contract, subcontract, or modification of a contract or sub-
contract, the contracting officer shall require submission of data 
other than certified cost or pricing data to the extent necessary 
to determine the reasonableness of the price of the contract, sub-
contract, or modification of the contract or subcontract. Except 
in the case of a contract or subcontract covered by the exceptions 
in section 3503(a)(1) of this title, the contracting officer shall require 
that the data submitted include, at a minimum, appropriate 
information on the prices at which the same item or similar items 
have previously been sold that is adequate for evaluating the 
reasonableness of the price for the procurement. 
(b) LIMITATIONS ON AUTHORITY.—The Federal Acquisition Regula-
tion shall include the following provisions regarding the types of 
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124 STAT. 3768 
PUBLIC LAW 111–350—JAN. 4, 2011 
information that contracting officers may require under subsection 
(a): 
(1) REASONABLE
LIMITATIONS.—Reasonable limitations on 
requests for sales data relating to commercial items. 
(2) LIMITATION ON SCOPE OF REQUEST.—A requirement that 
a contracting officer limit, to the maximum extent practicable, 
the scope of any request for information relating to commercial 
items from an offeror to only that information that is in the 
form regularly maintained by the offeror in commercial oper-
ations. 
(3) INFORMATION NOT TO BE DISCLOSED.—A statement that 
any information received relating to commercial items that 
is exempt from disclosure under section 552(b) of title 5 shall 
not be disclosed by the Federal Government. 
§ 3506. Price reductions for defective cost or pricing data 
(a) PROVISION REQUIRING ADJUSTMENT.— 
(1) IN GENERAL.—A prime contract (or change or modification 
to a prime contract) under which a certificate under section 
3502(b) of this title is required shall contain a provision that 
the price of the contract to the Federal Government, including 
profit or fee, shall be adjusted to exclude any significant amount 
by which it may be determined by the head of the executive 
agency that the price was increased because the contractor 
(or any subcontractor required to make the certificate available) 
submitted defective cost or pricing data. 
(2) WHAT CONSTITUTES DEFECTIVE COST OR PRICING DATA.— 
For the purposes of this chapter, defective cost or pricing data 
are cost or pricing data that, as of the date of agreement 
on the price of the contract (or another date agreed on between 
the parties), were inaccurate, incomplete, or noncurrent. If for 
purposes of the preceding sentence the parties agree on a 
date other than the date of agreement on the price of the 
contract, the date agreed on by the parties shall be as close 
to the date of agreement on the price of the contract as is 
practicable. 
(b) VALID DEFENSE.—In determining for purposes of a contract 
price adjustment under a contract provision required by subsection 
(a) whether, and to what extent, a contract price was increased 
because the contractor (or a subcontractor) submitted defective cost 
or pricing data, it is a defense that the Federal Government did 
not rely on the defective data submitted by the contractor or subcon-
tractor. 
(c) INVALID DEFENSES.—It is not a defense to an adjustment 
of the price of a contract under a contract provision required by 
subsection (a) that— 
(1) the price of the contract would not have been modified 
even if accurate, complete, and current cost or pricing data 
had been submitted by the contractor or subcontractor because 
the contractor or subcontractor— 
(A) was the sole source of the property or services pro-
cured; or 
(B) otherwise was in a superior bargaining position with 
respect to the property or services procured; 
(2) the contracting officer should have known that the cost 
or pricing data in issue were defective even though the con-
tractor or subcontractor took no affirmative action to bring 
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124 STAT. 3769 
PUBLIC LAW 111–350—JAN. 4, 2011 
the character of the data to the attention of the contracting 
officer; 
(3) the contract was based on an agreement between the 
contractor and the Federal Government about the total cost 
of the contract and there was no agreement about the cost 
of each item procured under the contract; or 
(4) the prime contractor or subcontractor did not submit 
a certification of cost or pricing data relating to the contract 
as required by section 3502(b) of this title. 
(d) OFFSETS.— 
(1) WHEN ALLOWED.—A contractor shall be allowed to offset 
an amount against the amount of a contract price adjustment 
under a contract provision required by subsection (a) if— 
(A) the contractor certifies to the contracting officer (or 
to a designated representative of the contracting officer) 
that, to the best of the contractor’s knowledge and belief, 
the contractor is entitled to the offset; and 
(B) the contractor proves that the cost or pricing data 
were available before the date of agreement on the price 
of the contract (or price of the modification), or, if 
applicable, consistent with subsection (a)(2), another date 
agreed on by the parties, and that the data were not 
submitted as specified in section 3502(c) of this title before 
that date. 
(2) WHEN NOT ALLOWED.—A contractor shall not be allowed 
to offset an amount otherwise authorized to be offset under 
paragraph (1) if— 
(A) the certification under section 3502(b) of this title 
with respect to the cost or pricing data involved was known 
to be false when signed; or 
(B) the Federal Government proves that, had the cost 
or pricing data referred to in paragraph (1)(B) been sub-
mitted to the Federal Government before date of agreement 
on the price of the contract (or price of the modification), 
or, if applicable, under subsection (a)(2), another date 
agreed on by the parties, the submission of the cost or 
pricing data would not have resulted in an increase in 
that price in the amount to be offset. 
§ 3507. Interest and penalties for certain overpayments 
(a) IN GENERAL.—If the Federal Government makes an overpay-
ment to a contractor under a contract with an executive agency 
subject to this chapter and the overpayment was due to the submis-
sion by the contractor of defective cost or pricing data, the contractor 
shall be liable to the Federal Government— 
(1) for interest on the amount of the overpayment, to be 
computed— 
(A) for the period beginning on the date the overpayment 
was made to the contractor and ending on the date the 
contractor repays the amount of the overpayment to the 
Federal Government; and 
(B) at the current rate prescribed by the Secretary of 
the Treasury under section 6621 of the Internal Revenue 
Code of 1986 (26 U.S.C. 6621); and 
(2) if the submission of the defective data was a knowing 
submission, for an additional amount equal to the amount 
of the overpayment. 
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124 STAT. 3770 
PUBLIC LAW 111–350—JAN. 4, 2011 
(b) LIABILITY NOT AFFECTED BY REFUSAL TO SUBMIT CERTIFI-
CATION.—Any liability under this section of a contractor that sub-
mits cost or pricing data but refuses to submit the certification 
required by section 3502(b) of this title with respect to the cost 
or pricing data is not affected by the refusal to submit the certifi-
cation. 
§ 3508. Right to examine contractor records 
For the purpose of evaluating the accuracy, completeness, and 
currency of cost or pricing data required to be submitted by this 
chapter, an executive agency shall have the authority provided 
by section 4706(b)(2) of this title. 
§ 3509. Notification of violations of Federal criminal law or 
overpayments 
(a) DEFINITION.—In this section, the term ‘‘covered contract’’ 
means any contract in an amount greater than $5,000,000 and 
more than 120 days in duration. 
(b) FEDERAL ACQUISITION REGULATION.—The Federal Acquisition 
Regulation shall include, pursuant to FAR Case 2007–006 (as pub-
lished at 72 Fed. Reg. 64019, November 14, 2007) or any follow- 
on FAR case, provisions that require timely notification by Federal 
contractors of violations of Federal criminal law or overpayments 
in connection with the award or performance of covered contracts 
or subcontracts, including those performed outside the United 
States and those for commercial items. 
CHAPTER 37—AWARDING OF CONTRACTS 
Sec. 
3701.
Basis of award and rejection. 
3702.
Sealed bids. 
3703.
Competitive proposals. 
3704.
Post-award debriefings. 
3705.
Pre-award debriefings. 
3706.
Encouragement of alternative dispute resolution. 
3707.
Antitrust violations. 
3708.
Protests. 
§ 3701. Basis of award and rejection 
(a) AWARD.—An executive agency shall evaluate sealed bids and 
competitive proposals, and award a contract, based solely on the 
factors specified in the solicitation. 
(b) REJECTION.—All sealed bids or competitive proposals received 
in response to a solicitation may be rejected if the agency head 
determines that rejection is in the public interest. 
§ 3702. Sealed bids 
(a) OPENING OF BIDS.—Sealed bids shall be opened publicly at 
the time and place stated in the solicitation. 
(b) CRITERIA FOR AWARDING CONTRACT.—The executive agency 
shall evaluate the bids in accordance with section 3701(a) of this 
title without discussions with the bidders and, except as provided 
in section 3701(b) of this title, shall award a contract with reason-
able promptness to the responsible source whose bid conforms to 
the solicitation and is most advantageous to the Federal Govern-
ment, considering only price and the other price-related factors 
included in the solicitation. 
(c) NOTICE OF AWARD.—The award of a contract shall be made 
by transmitting, in writing or by electronic means, notice of the 
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124 STAT. 3771 
PUBLIC LAW 111–350—JAN. 4, 2011 
award to the successful bidder. Within 3 days after the date of 
contract award, the executive agency shall notify, in writing or 
by electronic means, each bidder not awarded the contract that 
the contract has been awarded. 
§ 3703. Competitive proposals 
(a) EVALUATION AND AWARD.—An executive agency shall evaluate 
competitive proposals in accordance with section 3701(a) of this 
title and may award a contract— 
(1) after discussions with the offerors, provided that written 
or oral discussions have been conducted with all responsible 
offerors who submit proposals within the competitive range; 
or 
(2) based on the proposals received and without discussions 
with the offerors (other than discussions conducted for the 
purpose of minor clarification), if, as required by section 
3306(b)(2)(B)(i) of this title, the solicitation included a state-
ment that proposals are intended to be evaluated, and award 
made, without discussions unless discussions are determined 
to be necessary. 
(b) LIMIT ON NUMBER OF PROPOSALS.—If the contracting officer 
determines that the number of offerors that would otherwise be 
included in the competitive range under subsection (a)(1) exceeds 
the number at which an efficient competition can be conducted, 
the contracting officer may limit the number of proposals in the 
competitive range, in accordance with the criteria specified in the 
solicitation, to the greatest number that will permit an efficient 
competition among the offerors rated most highly in accordance 
with those criteria. 
(c) CRITERIA FOR AWARDING CONTRACT.—Except as otherwise pro-
vided in section 3701(b) of this title, the executive agency shall 
award a contract with reasonable promptness to the responsible 
source whose proposal is most advantageous to the Federal Govern-
ment, considering only cost or price and the other factors included 
in the solicitation. 
(d) NOTICE OF AWARD.—The executive agency shall award the 
contract by transmitting, in writing or by electronic means, notice 
of the award to that source and, within 3 days after the date 
of contract award, shall notify, in writing or by electronic means, 
all other offerors of the rejection of their proposals. 
§ 3704. Post-award debriefings 
(a) REQUEST FOR DEBRIEFING.—When a contract is awarded by 
the head of an executive agency on the basis of competitive pro-
posals, an unsuccessful offeror, on written request received by the 
agency within 3 days after the date on which the unsuccessful 
offeror receives the notification of the contract award, shall be 
debriefed and furnished the basis for the selection decision and 
contract award. 
(b) WHEN DEBRIEFING TO BE CONDUCTED.—The executive agency 
shall debrief the offeror within, to the maximum extent practicable, 
5 days after receipt of the request by the executive agency. 
(c) INFORMATION TO BE PROVIDED.—The debriefing shall include, 
at a minimum— 
(1) the executive agency’s evaluation of the significant weak 
or deficient factors in the offeror’s offer; 
(2) the overall evaluated cost and technical rating of the 
offer of the contractor awarded the contract and the overall 
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124 STAT. 3772 
PUBLIC LAW 111–350—JAN. 4, 2011 
evaluated cost and technical rating of the offer of the debriefed 
offeror; 
(3) the overall ranking of all offers; 
(4) a summary of the rationale for the award; 
(5) in the case of a proposal that includes a commercial 
item that is an end item under the contract, the make and 
model of the item being provided in accordance with the offer 
of the contractor awarded the contract; and 
(6) reasonable responses to relevant questions posed by the 
debriefed offeror as to whether source selection procedures set 
forth in the solicitation, applicable regulations, and other 
applicable authorities were followed by the executive agency. 
(d) INFORMATION NOT TO BE INCLUDED.—The debriefing may 
not include point-by-point comparisons of the debriefed offeror’s 
offer with other offers and may not disclose any information that 
is exempt from disclosure under section 552(b) of title 5. 
(e) INCLUSION OF STATEMENT IN SOLICITATION.—Each solicitation 
for competitive proposals shall include a statement that information 
described in subsection (c) may be disclosed in post-award 
debriefings. 
(f) AFTER SUCCESSFUL PROTEST.—If, within one year after the 
date of the contract award and as a result of a successful procure-
ment protest, the executive agency seeks to fulfill the requirement 
under the protested contract either on the basis of a new solicitation 
of offers or on the basis of new best and final offers requested 
for that contract, the head of the executive agency shall make 
available to all offerors— 
(1) the information provided in debriefings under this section 
regarding the offer of the contractor awarded the contract; 
and 
(2) the same information that would have been provided 
to the original offerors. 
(g) SUMMARY TO BE INCLUDED IN FILE.—The contracting officer 
shall include a summary of the debriefing in the contract file. 
§ 3705. Pre-award debriefings 
(a) REQUEST
FOR DEBRIEFING.—When the contracting officer 
excludes an offeror submitting a competitive proposal from the 
competitive range (or otherwise excludes that offeror from further 
consideration prior to the final source selection decision), the 
excluded offeror may request in writing, within 3 days after the 
date on which the excluded offeror receives notice of its exclusion, 
a debriefing prior to award. 
(b) WHEN DEBRIEFING TO BE CONDUCTED.—The contracting 
officer shall make every effort to debrief the unsuccessful offeror 
as soon as practicable but may refuse the request for a debriefing 
if it is not in the best interests of the Federal Government to 
conduct a debriefing at that time. 
(c) PRECONDITION FOR POST-AWARD DEBRIEFING.—The contracting 
officer is required to debrief an excluded offeror in accordance 
with section 3704 of this title only if that offeror requested and 
was refused a pre-award debriefing under subsections (a) and (b). 
(d) INFORMATION TO BE PROVIDED.—The debriefing conducted 
under this section shall include— 
(1) the executive agency’s evaluation of the significant ele-
ments in the offeror’s offer; 
(2) a summary of the rationale for the offeror’s exclusion; 
and 
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124 STAT. 3773 
PUBLIC LAW 111–350—JAN. 4, 2011 
(3) reasonable responses to relevant questions posed by the 
debriefed offeror as to whether source selection procedures set 
forth in the solicitation, applicable regulations, and other 
applicable authorities were followed by the executive agency. 
(e) INFORMATION NOT TO BE DISCLOSED.—The debriefing con-
ducted pursuant to this section may not disclose the number or 
identity of other offerors and shall not disclose information about 
the content, ranking, or evaluation of other offerors’ proposals. 
(f) SUMMARY TO BE INCLUDED IN FILE.—The contracting officer 
shall include a summary of the debriefing in the contract file. 
§ 3706. Encouragement of alternative dispute resolution 
The Federal Acquisition Regulation shall include a provision 
encouraging the use of alternative dispute resolution techniques 
to provide informal, expeditious, and inexpensive procedures for 
an offeror to consider using before filing a protest, prior to the 
award of a contract, of the exclusion of the offeror from the competi-
tive range (or otherwise from further consideration) for that con-
tract. 
§ 3707. Antitrust violations 
If the agency head considers that a bid or proposal evidences 
a violation of the antitrust laws, the agency head shall refer the 
bid or proposal to the Attorney General for appropriate action. 
§ 3708. Protests 
(a) PROTEST FILE.— 
(1) ESTABLISHMENT AND ACCESS.—If, in the case of a solicita-
tion for a contract issued by, or an award or proposed award 
of a contract by, the head of an executive agency, a protest 
is filed pursuant to the procedures in subchapter V of chapter 
35 of title 31, and an actual or prospective offeror requests, 
a file of the protest shall be established by the procuring 
activity and reasonable access shall be provided to actual or 
prospective offerors. 
(2) REDACTED
INFORMATION.—Information exempt from 
disclosure under section 552 of title 5 may be redacted in 
a file established pursuant to paragraph (1) unless an applicable 
protective order provides otherwise. 
(b) AGENCY ACTIONS ON PROTESTS.—If, in connection with a pro-
test, the head of an executive agency determines that a solicitation, 
proposed award, or award does not comply with the requirements 
of law or regulation, the head of the executive agency may— 
(1) take any action set out in subparagraphs (A) to (F) of 
subsection (b)(1) of section 3554 of title 31; and 
(2) pay costs described in paragraph (1) of section 3554(c) 
of title 31 within the limits referred to in paragraph (2) of 
section 3554(c). 
CHAPTER 39—SPECIFIC TYPES OF CONTRACTS 
Sec. 
3901.
Contracts awarded using procedures other than sealed-bid procedures. 
3902.
Severable services contracts for periods crossing fiscal years. 
3903.
Multiyear contracts. 
3904.
Contract authority for severable services contracts and multiyear contracts. 
3905.
Cost contracts. 
3906.
Cost-reimbursement contracts. 
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124 STAT. 3774 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 3901. Contracts awarded using procedures other than 
sealed-bid procedures 
(a) AUTHORIZED TYPES.—Except as provided in section 3905 of 
this title, contracts awarded after using procedures other than 
sealed-bid procedures may be of any type which in the opinion 
of the agency head will promote the best interests of the Federal 
Government. 
(b) REQUIRED WARRANTY.— 
(1) CONTENT.—Every contract awarded after using procedures 
other than sealed-bid procedures shall contain a suitable war-
ranty, as determined by the agency head, by the contractor 
that no person or selling agency has been employed or retained 
to solicit or secure the contract on an agreement or under-
standing for a commission, percentage, brokerage, or contingent 
fee, except for bona fide employees or bona fide established 
commercial or selling agencies the contractor maintains to 
secure business. 
(2) REMEDY FOR BREACH OR VIOLATION.—For the breach or 
violation of the warranty, the Federal Government may annul 
the contract without liability or deduct from the contract price 
or consideration the full amount of the commission, percentage, 
brokerage, or contingent fee. 
(3) NONAPPLICATION.—Paragraph (1) does not apply to a con-
tract for an amount that is not greater than the simplified 
acquisition threshold or to a contract for the acquisition of 
commercial items. 
§ 3902. Severable services contracts for periods crossing 
fiscal years 
(a) AUTHORITY TO ENTER INTO CONTRACT.—The head of an execu-
tive agency may enter into a contract for the procurement of sever-
able services for a period that begins in one fiscal year and ends 
in the next fiscal year if (without regard to any option to extend 
the period of the contract) the contract period does not exceed 
one year. 
(b) OBLIGATION OF FUNDS.—Funds made available for a fiscal 
year may be obligated for the total amount of a contract entered 
into under the authority of this section. 
§ 3903. Multiyear contracts 
(a) DEFINITION.—In this section, a multiyear contract is a contract 
for the purchase of property or services for more than one, but 
not more than 5, program years. 
(b) AUTHORITY TO ENTER INTO CONTRACT.—An executive agency 
may enter into a multiyear contract for the acquisition of property 
or services if— 
(1) funds are available and obligated for the contract, for 
the full period of the contract or for the first fiscal year in 
which the contract is in effect, and for the estimated costs 
associated with a necessary termination of the contract; and 
(2) the executive agency determines that— 
(A) the need for the property or services is reasonably 
firm and continuing over the period of the contract; and 
(B) a multiyear contract will serve the best interests 
of the Federal Government by encouraging full and open 
competition or promoting economy in administration, 
performance, and operation of the agency’s programs. 
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124 STAT. 3775 
PUBLIC LAW 111–350—JAN. 4, 2011 
(c) TERMINATION CLAUSE.—A multiyear contract entered into 
under the authority of this section shall include a clause that 
provides that the contract shall be terminated if funds are not 
made available for the continuation of the contract in a fiscal 
year covered by the contract. Funds available for paying termination 
costs shall remain available for that purpose until the costs associ-
ated with termination of the contract are paid. 
(d) CANCELLATION CEILING NOTICE.—Before a contract described 
in subsection (b) that contains a clause setting forth a cancellation 
ceiling in excess of $10,000,000 may be awarded, the executive 
agency shall give written notification of the proposed contract and 
of the proposed cancellation ceiling for that contract to Congress. 
The contract may not be awarded until the end of the 30-day 
period beginning on the date of the notification. 
(e) CONTINGENCY CLAUSE
FOR APPROPRIATION
OF FUNDS.—A 
multiyear contract may provide that performance under the contract 
after the first year of the contract is contingent on the appropriation 
of funds and (if the contract does so provide) that a cancellation 
payment shall be made to the contractor if the funds are not 
appropriated. 
(f) OTHER LAW NOT AFFECTED.—This section does not modify 
or affect any other provision of law that authorizes multiyear con-
tracts. 
§ 3904. Contract authority for severable services contracts 
and multiyear contracts 
(a) COMPTROLLER GENERAL.—The Comptroller General may use 
available funds to enter into contracts for the procurement of sever-
able services for a period that begins in one fiscal year and ends 
in the next fiscal year and to enter into multiyear contracts for 
the acquisition of property and nonaudit-related services to the 
same extent as executive agencies under sections 3902 and 3903 
of this title. 
(b) LIBRARY OF CONGRESS.—The Library of Congress may use 
available funds to enter into contracts for the lease or procurement 
of severable services for a period that begins in one fiscal year 
and ends in the next fiscal year and to enter into multiyear contracts 
for the acquisition of property and services pursuant to sections 
3902 and 3903 of this title. 
(c) CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF REPRESENT-
ATIVES.—The Chief Administrative Officer of the House of Rep-
resentatives may enter into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent as the head of an executive 
agency under the authority of section 3902 of this title; and 
(2) multiyear contracts for the acquisitions of property and 
nonaudit-related services to the same extent as executive agen-
cies under the authority of section 3903 of this title. 
(d) CONGRESSIONAL BUDGET OFFICE.—The Congressional Budget 
Office may use available funds to enter into contracts for the 
procurement of severable services for a period that begins in one 
fiscal year and ends in the next fiscal year and may enter into 
multiyear contracts for the acquisition of property and services 
to the same extent as executive agencies under the authority of 
sections 3902 and 3903 of this title. 
(e) SECRETARY
AND SERGEANT
AT ARMS
AND DOORKEEPER
OF 
THE SENATE.—Subject to regulations prescribed by the Committee 
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124 STAT. 3776 
PUBLIC LAW 111–350—JAN. 4, 2011 
on Rules and Administration of the Senate, the Secretary and 
the Sergeant at Arms and Doorkeeper of the Senate may enter 
into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent and under the same conditions 
as the head of an executive agency under the authority of 
section 3902 of this title; and 
(2) multiyear contracts for the acquisition of property and 
services to the same extent and under the same conditions 
as executive agencies under the authority of section 3903 of 
this title. 
(f) CAPITOL POLICE.—The United States Capitol Police may enter 
into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent as the head of an executive 
agency under the authority of section 3902 of this title; and 
(2) multiyear contracts for the acquisitions of property and 
nonaudit-related services to the same extent as executive agen-
cies under the authority of section 3903 of this title. 
(g) ARCHITECT OF THE CAPITOL.—The Architect of the Capitol 
may enter into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year to the same extent as the head of an executive 
agency under the authority of section 3902 of this title; and 
(2) multiyear contracts for the acquisitions of property and 
nonaudit-related services to the same extent as executive agen-
cies under the authority of section 3903 of this title. 
(h) SECRETARY OF THE SMITHSONIAN INSTITUTION.—The Secretary 
of the Smithsonian Institution may enter into— 
(1) contracts for the procurement of severable services for 
a period that begins in one fiscal year and ends in the next 
fiscal year under the authority of section 3902 of this title; 
and 
(2) multiyear contracts for the acquisition of property and 
services under the authority of section 3903 of this title. 
§ 3905. Cost contracts 
(a) 
COST-PLUS-A-PERCENTAGE-OF-COST
CONTRACTS
DIS-
ALLOWED.—The cost-plus-a-percentage-of-cost system of contracting 
shall not be used. 
(b) COST-PLUS-A-FIXED-FEE CONTRACTS.— 
(1) IN GENERAL.—Except as provided in paragraphs (2) and 
(3), the fee in a cost-plus-a-fixed-fee contract shall not exceed 
10 percent of the estimated cost of the contract, not including 
the fee, as determined by the agency head at the time of 
entering into the contract. 
(2) EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.— 
The fee in a cost-plus-a-fixed-fee contract for experimental, 
developmental, or research work shall not exceed 15 percent 
of the estimated cost of the contract, not including the fee. 
(3) ARCHITECTURAL OR ENGINEERING SERVICES.—The fee in 
a cost-plus-a-fixed-fee contract for architectural or engineering 
services relating to any public works or utility project may 
include the contractor’s costs and shall not exceed 6 percent 
of the estimated cost, not including the fee, as determined 
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124 STAT. 3777 
PUBLIC LAW 111–350—JAN. 4, 2011 
by the agency head at the time of entering into the contract, 
of the project to which the fee applies. 
(c) NOTIFICATION.—All cost and cost-plus-a-fixed-fee contracts 
shall provide for advance notification by the contractor to the pro-
curing agency of any subcontract on a cost-plus-a-fixed-fee basis 
and of any fixed-price subcontract or purchase order which exceeds 
in dollar amount either the simplified acquisition threshold or 5 
percent of the total estimated cost of the prime contract. 
(d) RIGHT TO AUDIT.—A procuring agency, through any authorized 
representative thereof, has the right to inspect the plans and to 
audit the books and records of a prime contractor or subcontractor 
engaged in the performance of a cost or cost-plus-a-fixed-fee con-
tract. 
§ 3906. Cost-reimbursement contracts 
(a) DEFINITION.—In this section, the term ‘‘executive agency’’ has 
the same meaning given in section 133 of this title. 
(b) REGULATIONS ON THE USE OF COST-REIMBURSEMENT CON-
TRACTS.—The Federal Acquisition Regulation shall address the use 
of cost-reimbursement contracts. 
(c) CONTENT.—The regulations promulgated under subsection (b) 
shall include guidance regarding— 
(1) when and under what circumstances cost-reimbursement 
contracts are appropriate; 
(2) the acquisition plan findings necessary to support a deci-
sion to use cost-reimbursement contracts; and 
(3) the acquisition workforce resources necessary to award 
and manage cost-reimbursement contracts. 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—The Director of the Office of Management 
and Budget shall submit an annual report to Congressional 
committees identified in subsection (e) on the use of cost- 
reimbursement contracts and task or delivery orders by all 
executive agencies. 
(2) CONTENTS.—The report shall include— 
(A) the total number and value of contracts awarded 
and orders issued during the covered fiscal year; 
(B) the total number and value of cost-reimbursement 
contracts awarded and orders issued during the covered 
fiscal year; and 
(C) an assessment of the effectiveness of the regulations 
promulgated pursuant to subsection (b) in ensuring the 
appropriate use of cost-reimbursement contracts. 
(3) TIME REQUIREMENTS.— 
(A) DEADLINE.—The report shall be submitted no later 
than March 1 and shall cover the fiscal year ending Sep-
tember 30 of the prior year. 
(B) LIMITATION.—The report shall be submitted from 
March 1, 2009, until March 1, 2014. 
(e) CONGRESSIONAL COMMITTEES.—The report required by sub-
section (d) shall be submitted to— 
(1) the Committee on Oversight and Government Reform 
of the House of Representatives; 
(2) the Committee on Homeland Security and Governmental 
Affairs of the Senate; 
(3) the Committees on Appropriations of the House of Rep-
resentatives and the Senate; and 
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124 STAT. 3778 
PUBLIC LAW 111–350—JAN. 4, 2011 
(4) in the case of the Department of Defense and the Depart-
ment of Energy, the Committees on Armed Services of the 
Senate and the House of Representatives. 
CHAPTER 41—TASK AND DELIVERY ORDER CONTRACTS 
Sec. 
4101.
Definitions. 
4102.
Authorities or responsibilities not affected. 
4103.
General authority. 
4104.
Guidance on use of task and delivery order contracts. 
4105.
Advisory and assistance services. 
4106.
Orders. 
§ 4101. Definitions 
In this chapter: 
(1) DELIVERY ORDER CONTRACT.—The term ‘‘delivery order 
contract’’ means a contract for property that— 
(A) does not procure or specify a firm quantity of property 
(other than a minimum or maximum quantity); and 
(B) provides for the issuance of orders for the delivery 
of property during the period of the contract. 
(2) TASK ORDER CONTRACT.—The term ‘‘task order contract’’ 
means a contract for services that— 
(A) does not procure or specify a firm quantity of services 
(other than a minimum or maximum quantity); and 
(B) provides for the issuance of orders for the perform-
ance of tasks during the period of the contract. 
§ 4102. Authorities or responsibilities not affected 
This chapter does not modify or supersede, and is not intended 
to impair or restrict, authorities or responsibilities under sections 
1101 to 1104 of title 40. 
§ 4103. General authority 
(a) AUTHORITY TO AWARD.—Subject to the requirements of this 
section, section 4106 of this title, and other applicable law, the 
head of an executive agency may enter into a task or delivery 
order contract for procurement of services or property. 
(b) SOLICITATION.—The solicitation for a task or delivery order 
contract shall include— 
(1) the period of the contract, including the number of options 
to extend the contract and the period for which the contract 
may be extended under each option; 
(2) the maximum quantity or dollar value of the services 
or property to be procured under the contract; and 
(3) a statement of work, specifications, or other description 
that reasonably describes the general scope, nature, complexity, 
and purposes of the services or property to be procured under 
the contract. 
(c) APPLICABILITY OF RESTRICTION ON USE OF NONCOMPETITIVE 
PROCEDURES.—The head of an executive agency may use procedures 
other than competitive procedures to enter into a task or delivery 
order contract under this section only if an exception in section 
3304(a) of this title applies to the contract and the use of those 
procedures is approved in accordance with section 3304(e) of this 
title. 
(d) SINGLE AND MULTIPLE CONTRACT AWARDS.— 
(1) EXERCISE
OF
AUTHORITY.—The head of an executive 
agency may exercise the authority provided in this section— 
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124 STAT. 3779 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) to award a single task or delivery order contract; 
or 
(B) if the solicitation states that the head of the executive 
agency has the option to do so, to award separate task 
or delivery order contracts for the same or similar services 
or property to 2 or more sources. 
(2) DETERMINATION NOT REQUIRED.—No determination under 
section 3303 of this title is required for an award of multiple 
task or delivery order contracts under paragraph (1)(B). 
(3) SINGLE
SOURCE
AWARD
FOR
TASK
OR
DELIVERY
ORDER 
CONTRACTS EXCEEDING $100,000,000.— 
(A) WHEN SINGLE AWARDS ARE ALLOWED.—No task or 
delivery order contract in an amount estimated to exceed 
$100,000,000 (including all options) may be awarded to 
a single source unless the head of the executive agency 
determines in writing that— 
(i) the task or delivery orders expected under the 
contract are so integrally related that only a single 
source can reasonably perform the work; 
(ii) the contract provides only for firm, fixed price 
task orders or delivery orders for— 
(I) products for which unit prices are established 
in the contract; or 
(II) services for which prices are established in 
the contract for the specific tasks to be performed; 
(iii) only one source is qualified and capable of per-
forming the work at a reasonable price to the Federal 
Government; or 
(iv) because of exceptional circumstances, it is nec-
essary in the public interest to award the contract 
to a single source. 
(B) NOTIFICATION OF CONGRESS.—The head of the execu-
tive agency shall notify Congress within 30 days after 
any determination under subparagraph (A)(iv). 
(4) REGULATIONS.—Regulations implementing this subsection 
shall establish— 
(A) a preference for awarding, to the maximum extent 
practicable, multiple task or delivery order contracts for 
the same or similar services or property under paragraph 
(1)(B); and 
(B) criteria for determining when award of multiple task 
or delivery order contracts would not be in the best interest 
of the Federal Government. 
(e) CONTRACT MODIFICATIONS.—A task or delivery order may 
not increase the scope, period, or maximum value of the task 
or delivery order contract under which the order is issued. The 
scope, period, or maximum value of the contract may be increased 
only by modification of the contract. 
(f) INAPPLICABILITY TO CONTRACTS FOR ADVISORY AND ASSISTANCE 
SERVICES.—Except as otherwise specifically provided in section 4105 
of this title, this section does not apply to a task or delivery 
order contract for the acquisition of advisory and assistance services 
(as defined in section 1105(g) of title 31). 
(g) RELATIONSHIP TO OTHER CONTRACTING AUTHORITY.—Nothing 
in this section may be construed to limit or expand any authority 
of the head of an executive agency or the Administrator of General 
Services to enter into schedule, multiple award, or task or delivery 
order contracts under any other provision of law. 
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124 STAT. 3780 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 4104. Guidance on use of task and delivery order contracts 
(a) GUIDANCE IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral Acquisition Regulation issued in accordance with sections 
1121(b) and 1303(a)(1) of this title shall provide guidance to agencies 
on the appropriate use of task and delivery order contracts in 
accordance with this chapter and sections 2304a to 2304d of title 
10. 
(b) CONTENT OF REGULATIONS.—The regulations issued pursuant 
to subsection (a) at a minimum shall provide specific guidance 
on— 
(1) the appropriate use of Government-wide and other multi-
agency contracts entered into in accordance with this chapter 
and sections 2304a to 2304d of title 10; and 
(2) steps that agencies should take in entering into and 
administering multiple award task and delivery order contracts 
to ensure compliance with the requirement in— 
(A) section 11312 of title 40 for capital planning and 
investment control in purchases of information technology 
products and services; 
(B) section 4106(c) of this title and section 2304c(b) of 
title 10 to ensure that all contractors are afforded a fair 
opportunity to be considered for the award of task and 
delivery orders; and 
(C) section 4106(e) of this title and section 2304c(c) of 
title 10 for a statement of work in each task or delivery 
order issued that clearly specifies all tasks to be performed 
or property to be delivered under the order. 
(c) FEDERAL SUPPLY SCHEDULES PROGRAM.—The Administrator 
for Federal Procurement Policy shall consult with the Administrator 
of General Services to assess the effectiveness of the multiple 
awards schedule program of the General Services Administration 
referred to in section 152(3) of this title that is administered as 
the Federal Supply Schedules program. The assessment shall 
include examination of— 
(1) the administration of the program by the Administrator 
of General Services; and 
(2) the ordering and program practices followed by Federal 
customer agencies in using schedules established under the 
program. 
§ 4105. Advisory and assistance services 
(a) DEFINITION.—In this section, the term ‘‘advisory and assist-
ance services’’ has the same meaning given that term in section 
1105(g) of title 31. 
(b) AUTHORITY TO AWARD.— 
(1) IN GENERAL.—Subject to the requirements of this section, 
section 4106 of this title, and other applicable law, the head 
of an executive agency may enter into a task order contract 
for procurement of advisory and assistance services. 
(2) ONLY UNDER THIS SECTION.—The head of an executive 
agency may enter into a task order contract for advisory and 
assistance services only under this section. 
(c) CONTRACT PERIOD.—The period of a task order contract 
entered into under this section, including all periods of extensions 
of the contract under options, modifications, or otherwise, may 
not exceed 5 years unless a longer period is specifically authorized 
in a law that is applicable to the contract. 
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124 STAT. 3781 
PUBLIC LAW 111–350—JAN. 4, 2011 
(d) CONTENT OF NOTICE.—The notice required by section 1708 
of this title and section 8(e) of the Small Business Act (15 U.S.C. 
637(e)) shall reasonably and fairly describe the general scope, mag-
nitude, and duration of the proposed task order contract in a 
manner that would reasonably enable a potential offeror to decide 
whether to request the solicitation and consider submitting an 
offer. 
(e) REQUIRED CONTENT OF SOLICITATION AND CONTRACT.— 
(1) SOLICITATION.—The solicitation shall include the informa-
tion (regarding services) described in section 4103(b) of this 
title. 
(2) CONTRACT.—A task order contract entered into under 
this section shall contain the same information that is required 
by paragraph (1) to be included in the solicitation of offers 
for that contract. 
(f) MULTIPLE AWARDS.— 
(1) AUTHORITY TO MAKE MULTIPLE AWARDS.—On the basis 
of one solicitation, the head of an executive agency may award 
separate task order contracts under this section for the same 
or similar services to 2 or more sources if the solicitation 
states that the head of the executive agency has the option 
to do so. 
(2) CONTENT OF SOLICITATION.—In the case of a task order 
contract for advisory and assistance services to be entered 
into under this section, if the contract period is to exceed 
3 years and the contract amount is estimated to exceed 
$10,000,000 (including all options), the solicitation shall— 
(A) provide for a multiple award authorized under para-
graph (1); and 
(B) include a statement that the head of the executive 
agency may also elect to award only one task order contract 
if the head of the executive agency determines in writing 
that only one of the offerors is capable of providing the 
services required at the level of quality required. 
(3) NONAPPLICATION.—Paragraph (2) does not apply in the 
case of a solicitation for which the head of the executive agency 
concerned determines in writing that, because the services 
required under the contract are unique or highly specialized, 
it is not practicable to award more than one contract. 
(g) CONTRACT MODIFICATIONS.— 
(1) INCREASE IN SCOPE, PERIOD, OR MAXIMUM VALUE OF CON-
TRACT ONLY BY MODIFICATION OF CONTRACT.—A task order may 
not increase the scope, period, or maximum value of the task 
order contract under which the order is issued. The scope, 
period, or maximum value of the contract may be increased 
only by modification of the contract. 
(2) USE OF COMPETITIVE PROCEDURES.—Unless use of proce-
dures other than competitive procedures is authorized by an 
exception in section 3304(a) of this title and approved in accord-
ance with section 3304(e) of this title, competitive procedures 
shall be used for making such a modification. 
(3) NOTICE.—Notice regarding the modification shall be pro-
vided in accordance with section 1708 of this title and section 
8(e) of the Small Business Act (15 U.S.C. 637(e)). 
(h) CONTRACT EXTENSIONS.— 
(1) WHEN
CONTRACT
MAY
BE
EXTENDED.—Notwithstanding 
the limitation on the contract period set forth in subsection 
(c) or in a solicitation or contract pursuant to subsection (f), 
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124 STAT. 3782 
PUBLIC LAW 111–350—JAN. 4, 2011 
a contract entered into by the head of an executive agency 
under this section may be extended on a sole-source basis 
for a period not exceeding 6 months if the head of the executive 
agency determines that— 
(A) the award of a follow-on contract has been delayed 
by circumstances that were not reasonably foreseeable at 
the time the initial contract was entered into; and 
(B) the extension is necessary to ensure continuity of 
the receipt of services pending the award of, and commence-
ment of performance under, the follow-on contract. 
(2) LIMIT OF ONE EXTENSION.—A task order contract may 
be extended under paragraph (1) only once and only in accord-
ance with the limitations and requirements of this subsection. 
(i) INAPPLICABILITY TO CERTAIN CONTRACTS.—This section does 
not apply to a contract for the acquisition of property or services 
that includes acquisition of advisory and assistance services if the 
head of the executive agency entering into the contract determines 
that, under the contract, advisory and assistance services are nec-
essarily incident to, and not a significant component of, the contract. 
§ 4106. Orders 
(a) APPLICATION.—This section applies to task and delivery order 
contracts entered into under sections 4103 and 4105 of this title. 
(b) ACTIONS NOT REQUIRED FOR ISSUANCE OF ORDERS.—The fol-
lowing actions are not required for issuance of a task or delivery 
order under a task or delivery order contract: 
(1) A separate notice for the order under section 1708 of 
this title or section 8(e) of the Small Business Act (15 U.S.C. 
637(e)). 
(2) Except as provided in subsection (c), a competition (or 
a waiver of competition approved in accordance with section 
3304(e) of this title) that is separate from that used for entering 
into the contract. 
(c) MULTIPLE AWARD CONTRACTS.—When multiple contracts are 
awarded under section 4103(d)(1)(B) or 4105(f) of this title, all 
contractors awarded the contracts shall be provided a fair oppor-
tunity to be considered, pursuant to procedures set forth in the 
contracts, for each task or delivery order in excess of $2,500 that 
is to be issued under any of the contracts, unless— 
(1) the executive agency’s need for the services or property 
ordered is of such unusual urgency that providing the oppor-
tunity to all of those contractors would result in unacceptable 
delays in fulfilling that need; 
(2) only one of those contractors is capable of providing the 
services or property required at the level of quality required 
because the services or property ordered are unique or highly 
specialized; 
(3) the task or delivery order should be issued on a sole- 
source basis in the interest of economy and efficiency because 
it is a logical follow-on to a task or delivery order already 
issued on a competitive basis; or 
(4) it is necessary to place the order with a particular con-
tractor to satisfy a minimum guarantee. 
(d) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—In the case of a task or delivery order in excess of 
$5,000,000, the requirement to provide all contractors a fair oppor-
tunity to be considered under subsection (c) is not met unless 
all such contractors are provided, at a minimum— 
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124 STAT. 3783 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) a notice of the task or delivery order that includes a 
clear statement of the executive agency’s requirements; 
(2) a reasonable period of time to provide a proposal in 
response to the notice; 
(3) disclosure of the significant factors and subfactors, 
including cost or price, that the executive agency expects to 
consider in evaluating such proposals, and their relative impor-
tance; 
(4) in the case of an award that is to be made on a best 
value basis, a written statement documenting— 
(A) the basis for the award; and 
(B) the relative importance of quality and price or cost 
factors; and 
(5) an opportunity for a post-award debriefing consistent 
with the requirements of section 3704 of this title. 
(e) STATEMENT OF WORK.—A task or delivery order shall include 
a statement of work that clearly specifies all tasks to be performed 
or property to be delivered under the order. 
(f) PROTESTS.— 
(1) PROTEST NOT AUTHORIZED.—A protest is not authorized 
in connection with the issuance or proposed issuance of a task 
or delivery order except for— 
(A) a protest on the ground that the order increases 
the scope, period, or maximum value of the contract under 
which the order is issued; or 
(B) a protest of an order valued in excess of $10,000,000. 
(2) JURISDICTION OVER PROTESTS.—Notwithstanding section 
3556 of title 31, the Comptroller General shall have exclusive 
jurisdiction of a protest authorized under paragraph (1)(B). 
(3) EFFECTIVE
PERIOD.—This subsection shall be in effect 
for three years, beginning on the date that is 120 days after 
January 28, 2008. 
(g) TASK AND DELIVERY ORDER OMBUDSMAN.— 
(1) APPOINTMENT OR DESIGNATION AND RESPONSIBILITIES.— 
The head of each executive agency who awards multiple task 
or delivery order contracts under section 4103(d)(1)(B) or 4105(f) 
of this title shall appoint or designate a task and delivery 
order ombudsman who shall be responsible for reviewing com-
plaints from the contractors on those contracts and ensuring 
that all of the contractors are afforded a fair opportunity to 
be considered for task or delivery orders when required under 
subsection (c). 
(2) WHO IS ELIGIBLE.—The task and delivery order ombuds-
man shall be a senior agency official who is independent of 
the contracting officer for the contracts and may be the execu-
tive agency’s advocate for competition. 
CHAPTER 43—ALLOWABLE COSTS 
Sec. 
4301.
Definitions. 
4302.
Adjustment of threshold amount of covered contract. 
4303.
Effect of submission of unallowable costs. 
4304.
Specific costs not allowable. 
4305.
Required regulations. 
4306.
Applicability of regulations to subcontractors. 
4307.
Contractor certification. 
4308.
Penalties for submission of cost known to be unallowable. 
4309.
Burden of proof on contractor. 
4310.
Proceeding costs not allowable. 
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124 STAT. 3784 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 4301. Definitions 
In this chapter: 
(1) COMPENSATION.—The term ‘‘compensation’’, for a fiscal 
year, means the total amount of wages, salary, bonuses, and 
deferred compensation for the fiscal year, whether paid, earned, 
or otherwise accruing, as recorded in an employer’s cost 
accounting records for the fiscal year. 
(2) COVERED CONTRACT.—The term ‘‘covered contract’’ means 
a contract for an amount in excess of $500,000 that is entered 
into by an executive agency, except that the term does not 
include a fixed-price contract without cost incentives or any 
firm fixed-price contract for the purchase of commercial items. 
(3) FISCAL YEAR.—The term ‘‘fiscal year’’ means a fiscal year 
established by a contractor for accounting purposes. 
(4) SENIOR EXECUTIVE.—The term ‘‘senior executive’’, with 
respect to a contractor, means the 5 most highly compensated 
employees in management positions at each home office and 
each segment of the contractor. 
§ 4302. Adjustment of threshold amount of covered contract 
Effective on October 1 of each year that is divisible by 5, the 
amount set forth in section 4301(2) of this title shall be adjusted 
to the equivalent amount in constant fiscal year 1994 dollars. An 
adjusted amount that is not evenly divisible by $50,000 shall be 
rounded to the nearest multiple of $50,000. If an amount is evenly 
divisible by $25,000 but is not evenly divisible by $50,000, the 
amount shall be rounded to the next higher multiple of $50,000. 
§ 4303. Effect of submission of unallowable costs 
(a) INDIRECT COST THAT VIOLATES FEDERAL ACQUISITION REGULA-
TION COST PRINCIPLE.—An executive agency shall require that a 
covered contract provide that if the contractor submits to the execu-
tive agency a proposal for settlement of indirect costs incurred 
by the contractor for any period after those costs have been accrued 
and if that proposal includes the submission of a cost that is 
unallowable because the cost violates a cost principle in the Federal 
Acquisition Regulation or an executive agency supplement to the 
Federal Acquisition Regulation, the cost shall be disallowed. 
(b) PENALTY FOR VIOLATION OF COST PRINCIPLE.— 
(1) UNALLOWABLE COST IN PROPOSAL.—If the executive agency 
determines that a cost submitted by a contractor in its proposal 
for settlement is expressly unallowable under a cost principle 
referred to in subsection (a) that defines the allowability of 
specific selected costs, the executive agency shall assess a pen-
alty against the contractor in an amount equal to— 
(A) the amount of the disallowed cost allocated to covered 
contracts for which a proposal for settlement of indirect 
costs has been submitted; plus 
(B) interest (to be computed based on provisions in the 
Federal Acquisition Regulation) to compensate the Federal 
Government for the use of the amount which a contractor 
has been paid in excess of the amount to which the con-
tractor was entitled. 
(2) COST DETERMINED TO BE UNALLOWABLE BEFORE PROPOSAL 
SUBMITTED.—If the executive agency determines that a proposal 
for settlement of indirect costs submitted by a contractor 
includes a cost determined to be unallowable in the case of 
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124 STAT. 3785 
PUBLIC LAW 111–350—JAN. 4, 2011 
that contractor before the submission of that proposal, the 
executive agency shall assess a penalty against the contractor 
in an amount equal to 2 times the amount of the disallowed 
cost allocated to covered contracts for which a proposal for 
settlement of indirect costs has been submitted. 
(c) WAIVER
OF PENALTY.—The Federal Acquisition Regulation 
shall provide for a penalty under subsection (b) to be waived in 
the case of a contractor’s proposal for settlement of indirect costs 
when— 
(1) the contractor withdraws the proposal before the formal 
initiation of an audit of the proposal by the Federal Government 
and resubmits a revised proposal; 
(2) the amount of unallowable costs subject to the penalty 
is insignificant; or 
(3) the contractor demonstrates, to the contracting officer’s 
satisfaction, that— 
(A) it has established appropriate policies and personnel 
training and an internal control and review system that 
provide assurances that unallowable costs subject to pen-
alties are precluded from being included in the contractor’s 
proposal for settlement of indirect costs; and 
(B) the unallowable costs subject to the penalty were 
inadvertently incorporated into the proposal. 
(d) APPLICABILITY OF CONTRACT DISPUTES PROCEDURE.—An action 
of an executive agency under subsection (a) or (b)— 
(1) shall be considered a final decision for the purposes of 
section 7103 of this title; and 
(2) is appealable in the manner provided in section 7104(a) 
of this title. 
§ 4304. Specific costs not allowable 
(a) SPECIFIC COSTS.—The following costs are not allowable under 
a covered contract: 
(1) Costs of entertainment, including amusement, diversion, 
and social activities, and any costs directly associated with 
those costs (such as tickets to shows or sports events, meals, 
lodging, rentals, transportation, and gratuities). 
(2) Costs incurred to influence (directly or indirectly) legisla-
tive action on any matter pending before Congress, a State 
legislature, or a legislative body of a political subdivision of 
a State. 
(3) Costs incurred in defense of any civil or criminal fraud 
proceeding or similar proceeding (including filing of any false 
certification) brought by the Federal Government where the 
contractor is found liable or had pleaded nolo contendere to 
a charge of fraud or similar proceeding (including filing of 
a false certification). 
(4) Payments of fines and penalties resulting from violations 
of, or failure to comply with, Federal, State, local, or foreign 
laws and regulations, except when incurred as a result of 
compliance with specific terms and conditions of the contract 
or specific written instructions from the contracting officer 
authorizing in advance those payments in accordance with 
applicable provisions of the Federal Acquisition Regulation. 
(5) Costs of membership in any social, dining, or country 
club or organization. 
(6) Costs of alcoholic beverages. 
(7) Contributions or donations, regardless of the recipient. 
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124 STAT. 3786 
PUBLIC LAW 111–350—JAN. 4, 2011 
(8) Costs of advertising designed to promote the contractor 
or its products. 
(9) Costs of promotional items and memorabilia, including 
models, gifts, and souvenirs. 
(10) Costs for travel by commercial aircraft that exceed the 
amount of the standard commercial fare. 
(11) Costs incurred in making any payment (commonly known 
as a ‘‘golden parachute payment’’) that is— 
(A) in an amount in excess of the normal severance 
pay paid by the contractor to an employee on termination 
of employment; and 
(B) paid to the employee contingent on, and following, 
a change in management control over, or ownership of, 
the contractor or a substantial portion of the contractor’s 
assets. 
(12) Costs of commercial insurance that protects against the 
costs of the contractor for correction of the contractor’s own 
defects in materials or workmanship. 
(13) Costs of severance pay paid by the contractor to foreign 
nationals employed by the contractor under a service contract 
performed outside the United States, to the extent that the 
amount of severance pay paid in any case exceeds the amount 
paid in the industry involved under the customary or prevailing 
practice for firms in that industry providing similar services 
in the United States, as determined under the Federal Acquisi-
tion Regulation. 
(14) Costs of severance pay paid by the contractor to a foreign 
national employed by the contractor under a service contract 
performed in a foreign country if the termination of the employ-
ment of the foreign national is the result of the closing of, 
or the curtailment of activities at, a Federal Government facility 
in that country at the request of the government of that country. 
(15) Costs incurred by a contractor in connection with any 
criminal, civil, or administrative proceeding commenced by the 
Federal Government or a State, to the extent provided in section 
4310 of this title. 
(16) Costs of compensation of senior executives of contractors 
for a fiscal year, regardless of the contract funding source, 
to the extent that the compensation exceeds the benchmark 
compensation amount determined applicable for the fiscal year 
by the Administrator under section 1127 of this title. 
(b) WAIVER
OF SEVERANCE PAY RESTRICTIONS
FOR FOREIGN 
NATIONALS.— 
(1) EXECUTIVE
AGENCY
DETERMINATION.—Pursuant to the 
Federal Acquisition Regulation and subject to the availability 
of appropriations, an executive agency, in awarding a covered 
contract, may waive the application of paragraphs (13) and 
(14) of subsection (a) to that contract if the executive agency 
determines that— 
(A) the application of those provisions to that contract 
would adversely affect the continuation of a program, 
project, or activity that provides significant support services 
for employees of the executive agency posted outside the 
United States; 
(B) the contractor has taken (or has established plans 
to take) appropriate actions within the contractor’s control 
to minimize the amount and number of incidents of the 
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124 STAT. 3787 
PUBLIC LAW 111–350—JAN. 4, 2011 
payment of severance pay by the contractor to employees 
under the contract who are foreign nationals; and 
(C) the payment of severance pay is necessary to comply 
with a law that is generally applicable to a significant 
number of businesses in the country in which the foreign 
national receiving the payment performed services under 
the contract or is necessary to comply with a collective 
bargaining agreement. 
(2) SOLICITATION TO INCLUDE STATEMENT ABOUT WAIVER.— 
An executive agency shall include in the solicitation for a cov-
ered contract a statement indicating— 
(A) that a waiver has been granted under paragraph 
(1) for the contract; or 
(B) whether the executive agency will consider granting 
a waiver and, if the executive agency will consider granting 
a waiver, the criteria to be used in granting the waiver. 
(3) 
DETERMINATION
TO
BE
MADE
BEFORE
CONTRACT 
AWARDED.—An executive agency shall make the final deter-
mination whether to grant a waiver under paragraph (1) with 
respect to a covered contract before award of the contract. 
(c) ESTABLISHMENT OF DEFINITIONS, EXCLUSIONS, LIMITATIONS, 
AND QUALIFICATIONS.—The provisions of the Federal Acquisition 
Regulation implementing this chapter may establish appropriate 
definitions, exclusions, limitations, and qualifications. A submission 
by a contractor of costs that are incurred by the contractor and 
that are claimed to be allowable under Department of Energy 
management and operating contracts shall be considered a proposal 
for settlement of indirect costs incurred by the contractor for any 
period after those costs have been accrued. 
§ 4305. Required regulations 
(a) IN GENERAL.—The Federal Acquisition Regulation shall con-
tain provisions on the allowability of contractor costs. Those provi-
sions shall define in detail and in specific terms the costs that 
are unallowable, in whole or in part, under covered contracts. 
(b) SPECIFIC ITEMS.—The regulations shall, at a minimum, clarify 
the cost principles applicable to contractor costs of the following: 
(1) Air shows. 
(2) Membership in civic, community, and professional 
organizations. 
(3) Recruitment. 
(4) Employee morale and welfare. 
(5) Actions to influence (directly or indirectly) executive 
branch action on regulatory and contract matters (other than 
costs incurred in regard to contract proposals pursuant to solic-
ited or unsolicited bids). 
(6) Community relations. 
(7) Dining facilities. 
(8) Professional and consulting services, including legal serv-
ices. 
(9) Compensation. 
(10) Selling and marketing. 
(11) Travel. 
(12) Public relations. 
(13) Hotel and meal expenses. 
(14) Expense of corporate aircraft. 
(15) Company-furnished automobiles. 
(16) Advertising. 
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124 STAT. 3788 
PUBLIC LAW 111–350—JAN. 4, 2011 
(17) Conventions. 
(c) ADDITIONAL REQUIREMENTS.— 
(1) WHEN QUESTIONED COSTS MAY BE RESOLVED.—The Federal 
Acquisition Regulation shall require that a contracting officer 
not resolve any questioned costs until the contracting officer 
has obtained— 
(A) adequate documentation of those costs; and 
(B) the opinion of the contract auditor on the allowability 
of those costs. 
(2) PRESENCE OF CONTRACT AUDITOR.—The Federal Acquisi-
tion Regulation shall provide that, to the maximum extent 
practicable, a contract auditor be present at any negotiation 
or meeting with the contractor regarding a determination of 
the allowability of indirect costs of the contractor. 
(3) SETTLEMENT TO REFLECT AMOUNT OF INDIVIDUAL QUES-
TIONED
COSTS.—The Federal Acquisition Regulation shall 
require that all categories of costs designated in the report 
of a contract auditor as questioned with respect to a proposal 
for settlement be resolved in a manner so that the amount 
of the individual questioned costs that are paid will be reflected 
in the settlement. 
§ 4306. Applicability of regulations to subcontractors 
The regulations referred to in sections 4304 and 4305(a) and 
(b) of this title shall require prime contractors of a covered contract, 
to the maximum extent practicable, to apply the provisions of 
those regulations to all subcontractors of the covered contract. 
§ 4307. Contractor certification 
(a) CONTENT AND FORM.—A proposal for settlement of indirect 
costs applicable to a covered contract shall include a certification 
by an official of the contractor that, to the best of the certifying 
official’s knowledge and belief, all indirect costs included in the 
proposal are allowable. The certification shall be in a form pre-
scribed in the Federal Acquisition Regulation. 
(b) WAIVER.—An executive agency may, in an exceptional case, 
waive the requirement for certification under subsection (a) in the 
case of a contract if the agency— 
(1) determines that it would be in the interest of the Federal 
Government to waive the certification; and 
(2) states in writing the reasons for the determination and 
makes the determination available to the public. 
§ 4308. Penalties for submission of cost known to be unallow-
able 
The submission to an executive agency of a proposal for settle-
ment of costs for any period after those costs have been accrued 
that includes a cost that is expressly specified by statute or regula-
tion as being unallowable, with the knowledge that the cost is 
unallowable, is subject to section 287 of title 18 and section 3729 
of title 31. 
§ 4309. Burden of proof on contractor 
In a proceeding before a board of contract appeals, the United 
States Court of Federal Claims, or any other Federal court in 
which the reasonableness of indirect costs for which a contractor 
seeks reimbursement from the Federal Government is in issue, 
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124 STAT. 3789 
PUBLIC LAW 111–350—JAN. 4, 2011 
the burden of proof is on the contractor to establish that those 
costs are reasonable. 
§ 4310. Proceeding costs not allowable 
(a) DEFINITIONS.—In this section: 
(1) COSTS.—The term ‘‘costs’’, with respect to a proceeding, 
means all costs incurred by a contractor, whether before or 
after the commencement of the proceeding, including— 
(A) administrative and clerical expenses; 
(B) the cost of legal services, including legal services 
performed by an employee of the contractor; 
(C) the cost of the services of accountants and consultants 
retained by the contractor; and 
(D) the pay of directors, officers, and employees of the 
contractor for time devoted by those directors, officers, and 
employees to the proceeding. 
(2) PENALTY.—The term ‘‘penalty’’ does not include restitu-
tion, reimbursement, or compensatory damages. 
(3) PROCEEDING.—The term ‘‘proceeding’’ includes an inves-
tigation. 
(b) IN GENERAL.—Except as otherwise provided in this section, 
costs incurred by a contractor in connection with a criminal, civil, 
or administrative proceeding commenced by the Federal Govern-
ment or a State are not allowable as reimbursable costs under 
a covered contract if the proceeding— 
(1) relates to a violation of, or failure to comply with, a 
Federal or State statute or regulation; and 
(2) results in a disposition described in subsection (c). 
(c) COVERED DISPOSITIONS.—A disposition referred to in sub-
section (b)(2) is any of the following: 
(1) In a criminal proceeding, a conviction (including a convic-
tion pursuant to a plea of nolo contendere) by reason of the 
violation or failure referred to in subsection (b). 
(2) In a civil or administrative proceeding involving an allega-
tion of fraud or similar misconduct, a determination of con-
tractor liability on the basis of the violation or failure referred 
to in subsection (b). 
(3) In any civil or administrative proceeding, the imposition 
of a monetary penalty by reason of the violation or failure 
referred to in subsection (b). 
(4) A final decision to do any of the following, by reason 
of the violation or failure referred to in subsection (b): 
(A) Debar or suspend the contractor. 
(B) Rescind or void the contract. 
(C) Terminate the contract for default. 
(5) A disposition of the proceeding by consent or compromise 
if the disposition could have resulted in a disposition described 
in paragraph (1), (2), (3), or (4). 
(d) COSTS ALLOWED BY SETTLEMENT AGREEMENT IN PROCEEDING 
COMMENCED BY FEDERAL GOVERNMENT.—In the case of a proceeding 
referred to in subsection (b) that is commenced by the Federal 
Government and is resolved by consent or compromise pursuant 
to an agreement entered into by a contractor and the Federal 
Government, the costs incurred by the contractor in connection 
with the proceeding that are otherwise not allowable as reimburs-
able costs under subsection (b) may be allowed to the extent specifi-
cally provided in that agreement. 
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124 STAT. 3790 
PUBLIC LAW 111–350—JAN. 4, 2011 
(e) COSTS SPECIFICALLY AUTHORIZED BY EXECUTIVE AGENCY IN 
PROCEEDING COMMENCED BY STATE.—In the case of a proceeding 
referred to in subsection (b) that is commenced by a State, the 
executive agency that awarded the covered contract involved in 
the proceeding may allow the costs incurred by the contractor 
in connection with the proceeding as reimbursable costs if the 
executive agency determines, in accordance with the Federal 
Acquisition Regulation, that the costs were incurred as a result 
of— 
(1) a specific term or condition of the contract; or 
(2) specific written instructions of the executive agency. 
(f) OTHER ALLOWABLE COSTS.— 
(1) IN GENERAL.—Except as provided in paragraph (3), costs 
incurred by a contractor in connection with a criminal, civil, 
or administrative proceeding commenced by the Federal 
Government or a State in connection with a covered contract 
may be allowed as reimbursable costs under the contract if 
the costs are not disallowable under subsection (b), but only 
to the extent provided in paragraph (2). 
(2) AMOUNT OF ALLOWABLE COSTS.— 
(A) MAXIMUM
AMOUNT
ALLOWED.—The amount of the 
costs allowable under paragraph (1) in any case may not 
exceed the amount equal to 80 percent of the amount 
of the costs incurred, to the extent that the costs are 
determined to be otherwise allowable and allocable under 
the Federal Acquisition Regulation. 
(B) CONTENT OF REGULATIONS.—Regulations issued for 
the purpose of subparagraph (A) shall provide for appro-
priate consideration of the complexity of procurement litiga-
tion, generally accepted principles governing the award 
of legal fees in civil actions involving the Federal Govern-
ment as a party, and other factors as may be appropriate. 
(3) WHEN
OTHERWISE
ALLOWABLE
COSTS
ARE
NOT
ALLOW-
ABLE.—In the case of a proceeding referred to in paragraph 
(1), contractor costs otherwise allowable as reimbursable costs 
under this subsection are not allowable if— 
(A) the proceeding involves the same contractor mis-
conduct alleged as the basis of another criminal, civil, 
or administrative proceeding; and 
(B) the costs of the other proceeding are not allowable 
under subsection (b). 
CHAPTER 45—CONTRACT FINANCING 
Sec. 
4501.
Authority of executive agency. 
4502.
Payment. 
4503.
Security for advance payments. 
4504.
Conditions for progress payments. 
4505.
Payments for commercial items. 
4506.
Action in case of fraud. 
§ 4501. Authority of executive agency 
An executive agency may— 
(1) make advance, partial, progress or other payments under 
contracts for property or services made by the agency; and 
(2) insert in solicitations for procurement of property or serv-
ices a provision limiting to small business concerns advance 
or progress payments. 
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124 STAT. 3791 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 4502. Payment 
(a) BASIS FOR PAYMENT.—When practicable, payments under sec-
tion 4501 of this title shall be made on any of the following bases: 
(1) Performance measured by objective, quantifiable methods 
such as delivery of acceptable items, work measurement, or 
statistical process controls. 
(2) Accomplishment of events defined in the program manage-
ment plan. 
(3) Other quantifiable measures of results. 
(b) PAYMENT AMOUNT.—Payments made under section 4501 of 
this title may not exceed the unpaid contract price. 
§ 4503. Security for advance payments 
Advance payments under section 4501 of this title may be made 
only on adequate security and a determination by the agency head 
that to do so would be in the public interest. The security may 
be in the form of a lien in favor of the Federal Government on 
the property contracted for, on the balance in an account in which 
the payments are deposited, and on such of the property acquired 
for performance of the contract as the parties may agree. This 
lien shall be paramount to all other liens and is effective imme-
diately upon the first advancement of funds without filing, notice, 
or any other action by the Federal Government. 
§ 4504. Conditions for progress payments 
(a) PAYMENT COMMENSURATE WITH WORK.—The executive agency 
shall ensure that a payment for work in progress (including mate-
rials, labor, and other items) under a contract of an executive 
agency that provides for those payments is commensurate with 
the work accomplished that meets standards established under 
the contract. The contractor shall provide information and evidence 
the executive agency determines is necessary to permit the executive 
agency to carry out this subsection. 
(b) LIMITATION.—The executive agency shall ensure that progress 
payments referred to in subsection (a) are not made for more 
than 80 percent of the work accomplished under the contract as 
long as the executive agency has not made the contractual terms, 
specifications, and price definite. 
(c) APPLICATION.—This section applies to a contract in an amount 
greater than $25,000. 
§ 4505. Payments for commercial items 
(a) TERMS
AND CONDITIONS
FOR PAYMENTS.—Payments under 
section 4501 of this title for commercial items may be made under 
terms and conditions that the head of the executive agency deter-
mines are appropriate or customary in the commercial marketplace 
and are in the best interests of the Federal Government. 
(b) SECURITY FOR PAYMENTS.—The head of the executive agency 
shall obtain adequate security for the payments. If the security 
is in the form of a lien in favor of the Federal Government, the 
lien is paramount to all other liens and is effective immediately 
on the first payment, without filing, notice, or other action by 
the Federal Government. 
(c) LIMITATION ON ADVANCE PAYMENTS.—Advance payments made 
under section 4501 of this title for commercial items may include 
payments, in a total amount not more than 15 percent of the 
contract price, in advance of any performance of work under the 
contract. 
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124 STAT. 3792 
PUBLIC LAW 111–350—JAN. 4, 2011 
(d) NONAPPLICATION
OF CERTAIN CONDITIONS.—The conditions 
of sections 4503 and 4504 of this title need not be applied if 
they would be inconsistent, as determined by the head of the 
executive agency, with commercial terms and conditions pursuant 
to this section. 
§ 4506. Action in case of fraud 
(a) DEFINITION.—In this section, the term ‘‘remedy coordination 
official’’, with respect to an executive agency, means the individual 
or entity in that executive agency who coordinates within that 
executive agency the administration of criminal, civil, administra-
tive, and contractual remedies resulting from investigations of fraud 
or corruption related to procurement activities. 
(b) RECOMMENDATION TO REDUCE OR SUSPEND PAYMENTS.—In 
any case in which the remedy coordination official of an executive 
agency finds that there is substantial evidence that the request 
of a contractor for advance, partial, or progress payment under 
a contract awarded by that executive agency is based on fraud, 
the remedy coordination official shall recommend that the executive 
agency reduce or suspend further payments to that contractor. 
(c) REDUCTION OR SUSPENSION OF PAYMENTS.—The head of an 
executive agency receiving a recommendation under subsection (b) 
in the case of a contractor’s request for payment under a contract 
shall determine whether there is substantial evidence that the 
request is based on fraud. On making an affirmative determination, 
the head of the executive agency may reduce or suspend further 
payments to the contractor under the contract. 
(d) EXTENT OF REDUCTION OR SUSPENSION.—The extent of any 
reduction or suspension of payments by an executive agency under 
subsection (c) on the basis of fraud shall be reasonably commensu-
rate with the anticipated loss to the Federal Government resulting 
from the fraud. 
(e) WRITTEN JUSTIFICATION.—A written justification for each deci-
sion of the head of an executive agency whether to reduce or 
suspend payments under subsection (c), and for each recommenda-
tion received by the executive agency in connection with the deci-
sion, shall be prepared and be retained in the files of the executive 
agency. 
(f) NOTICE.—The head of each executive agency shall prescribe 
procedures to ensure that, before the head of the executive agency 
decides to reduce or suspend payments in the case of a contractor 
under subsection (c), the contractor is afforded notice of the proposed 
reduction or suspension and an opportunity to submit matters 
to the executive agency in response to the proposed reduction or 
suspension. 
(g) REVIEW.—Not later than 180 days after the date on which 
the head of an executive agency reduces or suspends payments 
to a contractor under subsection (c), the remedy coordination official 
of the executive agency shall— 
(1) review the determination of fraud on which the reduction 
or suspension is based; and 
(2) transmit a recommendation to the head of the executive 
agency whether the suspension or reduction should continue. 
(h) REPORT.—The head of each executive agency who receives 
recommendations made by the remedy coordination official of the 
executive agency to reduce or suspend payments under subsection 
(c) during a fiscal year shall prepare for that year a report that 
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124 STAT. 3793 
PUBLIC LAW 111–350—JAN. 4, 2011 
contains the recommendations, the actions taken on the rec-
ommendations and the reasons for those actions, and an assessment 
of the effects of those actions on the Federal Government. The 
report shall be available to any Member of Congress on request. 
(i) RESTRICTION
ON DELEGATION.—The head of an executive 
agency may not delegate responsibilities under this section to an 
individual in a position below level IV of the Executive Schedule. 
CHAPTER 47—MISCELLANEOUS 
Sec. 
4701.
Determinations and decisions. 
4702.
Prohibition on release of contractor proposals. 
4703.
Validation of proprietary data restrictions. 
4704.
Prohibition of contractors limiting subcontractor sales directly to Federal 
Government. 
4705.
Protection of contractor employees from reprisal for disclosure of certain in-
formation. 
4706.
Examination of facilities and records of contractor. 
4707.
Remission of liquidated damages. 
4708.
Payment of reimbursable indirect costs in cost-type research and develop-
ment contracts with educational institutions. 
4709.
Implementation of electronic commerce capability. 
4710.
Limitations on tiering of subcontractors. 
4711.
Linking of award and incentive fees to acquisition outcomes. 
§ 4701. Determinations and decisions 
(a) INDIVIDUAL
OR
CLASS
DETERMINATIONS
AND
DECISIONS 
AUTHORIZED.— 
(1) IN GENERAL.—Determinations and decisions required to 
be made under this division by the head of an executive agency 
or provided in this division or chapters 1 to 11 of title 40 
to be made by the Administrator of General Services or other 
agency head may be made for an individual purchase or con-
tract or, except for determinations or decisions made under 
sections 3105, 3301, 3303 to 3305, 3306(a)–(e), and 3308, 
chapter 37, and section 4702 of this title or to the extent 
expressly prohibited by another law, for a class of purchases 
or contracts. 
(2) DELEGATION.—Except as provided in section 3304(a)(7) 
of this title, and except as provided in section 121(d)(1) and 
(2) of title 40 with respect to the Administrator of General 
Services, the agency head, in the discretion and subject to 
the direction of the agency head, may delegate powers provided 
by this division or chapters 1 to 11 of title 40, including the 
making of determinations and decisions described in paragraph 
(1), to other officers or officials of the agency. 
(3) FINALITY.—The determinations and decisions are final. 
(b) WRITTEN FINDINGS.— 
(1) BASIS FOR CERTAIN DETERMINATIONS.—Each determina-
tion or decision under section 3901, 3905, 4503, or 4706(d)(2)(B) 
of this title shall be based on a written finding by the individual 
making the determination or decision. A finding under section 
4503 or 4706(d)(2)(B) shall set out facts and circumstances 
that support the determination or decision. 
(2) FINALITY.—Each finding referred to in paragraph (1) is 
final. 
(3) MAINTAINING COPIES OF FINDINGS.—The head of an execu-
tive agency shall maintain for a period of not less than 6 
years a copy of each finding referred to in paragraph (1) that 
is made by an individual in that executive agency. The period 
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124 STAT. 3794 
PUBLIC LAW 111–350—JAN. 4, 2011 
begins on the date of the determination or decision to which 
the finding relates. 
§ 4702. Prohibition on release of contractor proposals 
(a) DEFINITION.—In this section, the term ‘‘proposal’’ means a 
proposal, including a technical, management, or cost proposal, sub-
mitted by a contractor in response to the requirements of a solicita-
tion for a competitive proposal. 
(b) PROHIBITION.—A proposal in the possession or control of an 
executive agency may not be made available to any person under 
section 552 of title 5. 
(c) NONAPPLICATION.—Subsection (b) does not apply to a proposal 
that is set forth or incorporated by reference in a contract entered 
into between the agency and the contractor that submitted the 
proposal. 
§ 4703. Validation of proprietary data restrictions 
(a) CONTRACT THAT PROVIDES
FOR DELIVERY
OF TECHNICAL 
DATA.—A contract for property or services entered into by an execu-
tive agency that provides for the delivery of technical data shall 
provide that— 
(1) a contractor or subcontractor at any tier shall be prepared 
to furnish to the contracting officer a written justification for 
any restriction the contractor or subcontractor asserts on the 
right of the Federal Government to use the data; and 
(2) the contracting officer may review the validity of a restric-
tion the contractor or subcontractor asserts under the contract 
on the right of the Federal Government to use technical data 
furnished to the Federal Government under the contract if 
the contracting officer determines that reasonable grounds exist 
to question the current validity of the asserted restriction and 
that the continued adherence to the asserted restriction by 
the Federal Government would make it impracticable to procure 
the item competitively at a later time. 
(b) CHALLENGE OF RESTRICTION.—If after a review the contracting 
officer determines that a challenge to the asserted restriction is 
warranted, the contracting officer shall provide written notice to 
the contractor or subcontractor asserting the restriction. The notice 
shall state— 
(1) the grounds for challenging the asserted restriction; and 
(2) the requirement for a response within 60 days justifying 
the current validity of the asserted restriction. 
(c) ADDITIONAL TIME FOR RESPONSES.—If a contractor or subcon-
tractor asserting a restriction subject to this section submits to 
the contracting officer a written request showing the need for addi-
tional time to comply with the requirement to justify the current 
validity of the asserted restriction, the contracting officer shall 
provide appropriate additional time to adequately permit the jus-
tification to be submitted. 
(d) MULTIPLE CHALLENGES.—If a party asserting a restriction 
receives notices of challenges to restrictions on technical data from 
more than one contracting officer, and notifies each contracting 
officer of the existence of more than one challenge, the contracting 
officer initiating the earliest challenge, after consultation with the 
party asserting the restriction and the other contracting officers, 
shall formulate a schedule of responses to each of the challenges 
that will afford the party asserting the restriction with an equitable 
opportunity to respond to each challenge. 
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124 STAT. 3795 
PUBLIC LAW 111–350—JAN. 4, 2011 
(e) DECISION ON VALIDITY OF ASSERTED RESTRICTION.— 
(1) NO RESPONSE SUBMITTED.—The contracting officer shall 
issue a decision pertaining to the validity of the asserted restric-
tion if the contractor or subcontractor does not submit a 
response under subsection (b). 
(2) RESPONSE SUBMITTED.—Within 60 days of receipt of a 
justification submitted in response to the notice provided pursu-
ant to subsection (b), a contracting officer shall issue a decision 
or notify the party asserting the restriction of the time within 
which a decision will be issued. 
(f) CLAIM DEEMED CLAIM WITHIN CHAPTER 71.—A claim per-
taining to the validity of the asserted restriction that is submitted 
in writing to a contracting officer by a contractor or subcontractor 
at any tier is deemed to be a claim within the meaning of chapter 
71 of this title. 
(g) FINAL DISPOSITION OF CHALLENGE.— 
(1) CHALLENGE
IS
SUSTAINED.—If the contracting officer’s 
challenge to the restriction on the right of the Federal Govern-
ment to use technical data is sustained on final disposition— 
(A) the restriction is cancelled; and 
(B) if the asserted restriction is found not to be substan-
tially justified, the contractor or subcontractor, as appro-
priate, is liable to the Federal Government for payment 
of the cost to the Federal Government of reviewing the 
asserted restriction and the fees and other expenses (as 
defined in section 2412(d)(2)(A) of title 28) incurred by 
the Federal Government in challenging the asserted restric-
tion, unless special circumstances would make the payment 
unjust. 
(2) CHALLENGE NOT SUSTAINED.—If the contracting officer’s 
challenge to the restriction on the right of the Federal Govern-
ment to use technical data is not sustained on final disposition, 
the Federal Government— 
(A) continues to be bound by the restriction; and 
(B) is liable for payment to the party asserting the restric-
tion for fees and other expenses (as defined in section 
2412(d)(2)(A) of title 28) incurred by the party asserting 
the restriction in defending the asserted restriction if the 
challenge by the Federal Government is found not to be 
made in good faith. 
§ 4704. Prohibition of contractors limiting subcontractor 
sales directly to Federal Government 
(a) CONTRACT RESTRICTIONS.—Each contract for the purchase 
of property or services made by an executive agency shall provide 
that the contractor will not— 
(1) enter into an agreement with a subcontractor under the 
contract that has the effect of unreasonably restricting sales 
by the subcontractor directly to the Federal Government of 
any item or process (including computer software) made or 
furnished by the subcontractor under the contract (or any fol-
low-on production contract); or 
(2) otherwise act to restrict unreasonably the ability of a 
subcontractor to make sales described in paragraph (1) to the 
Federal Government. 
(b) RIGHTS UNDER LAW PRESERVED.—This section does not pro-
hibit a contractor from asserting rights it otherwise has under 
law. 
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124 STAT. 3796 
PUBLIC LAW 111–350—JAN. 4, 2011 
(c) INAPPLICABILITY TO CERTAIN CONTRACTS.—This section does 
not apply to a contract for an amount that is not greater than 
the simplified acquisition threshold. 
(d) INAPPLICABILITY WHEN GOVERNMENT TREATED SIMILARLY TO 
OTHER PURCHASERS.—An agreement between the contractor in a 
contract for the acquisition of commercial items and a subcontractor 
under the contract that restricts sales by the subcontractor directly 
to persons other than the contractor may not be considered to 
unreasonably restrict sales by that subcontractor to the Federal 
Government in violation of the provision included in the contract 
pursuant to subsection (a) if the agreement does not result in 
the Federal Government being treated differently with regard to 
the restriction than any other prospective purchaser of the commer-
cial items from that subcontractor. 
§ 4705. Protection of contractor employees from reprisal for 
disclosure of certain information 
(a) DEFINITIONS.—In this section: 
(1) CONTRACT.—The term ‘‘contract’’ means a contract 
awarded by the head of an executive agency. 
(2) CONTRACTOR.—The term ‘‘contractor’’ means a person 
awarded a contract with an executive agency. 
(3) INSPECTOR
GENERAL.—The term ‘‘Inspector General’’ 
means an Inspector General appointed under the Inspector 
General Act of 1978 (5 U.S.C. App.). 
(b) PROHIBITION OF REPRISALS.—An employee of a contractor may 
not be discharged, demoted, or otherwise discriminated against 
as a reprisal for disclosing to a Member of Congress or an authorized 
official of an executive agency or the Department of Justice informa-
tion relating to a substantial violation of law related to a contract 
(including the competition for, or negotiation of, a contract). 
(c) INVESTIGATION OF COMPLAINTS.—An individual who believes 
that the individual has been subjected to a reprisal prohibited 
by subsection (b) may submit a complaint to the Inspector General 
of the executive agency. Unless the Inspector General determines 
that the complaint is frivolous, the Inspector General shall inves-
tigate the complaint and, on completion of the investigation, submit 
a report of the findings of the investigation to the individual, 
the contractor concerned, and the head of the agency. If the execu-
tive agency does not have an Inspector General, the duties of 
the Inspector General under this section shall be performed by 
an official designated by the head of the executive agency. 
(d) REMEDY AND ENFORCEMENT AUTHORITY.— 
(1) ACTIONS CONTRACTOR MAY BE ORDERED TO TAKE.—If the 
head of an executive agency determines that a contractor has 
subjected an individual to a reprisal prohibited by subsection 
(b), the head of the executive agency may take one or more 
of the following actions: 
(A) ABATEMENT.—Order the contractor to take affirma-
tive action to abate the reprisal. 
(B) REINSTATEMENT.—Order the contractor to reinstate 
the individual to the position that the individual held before 
the reprisal, together with the compensation (including 
back pay), employment benefits, and other terms and condi-
tions of employment that would apply to the individual 
in that position if the reprisal had not been taken. 
(C) PAYMENT.—Order the contractor to pay the complain-
ant an amount equal to the aggregate amount of all costs 
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124 STAT. 3797 
PUBLIC LAW 111–350—JAN. 4, 2011 
and expenses (including attorneys’ fees and expert wit-
nesses’ fees) that the complainant reasonably incurred for, 
or in connection with, bringing the complaint regarding 
the reprisal, as determined by the head of the executive 
agency. 
(2) ENFORCEMENT ORDER.—When a contractor fails to comply 
with an order issued under paragraph (1), the head of the 
executive agency shall file an action for enforcement of the 
order in the United States district court for a district in which 
the reprisal was found to have occurred. In an action brought 
under this paragraph, the court may grant appropriate relief, 
including injunctive relief and compensatory and exemplary 
damages. 
(3) REVIEW OF ENFORCEMENT ORDER.—A person adversely 
affected or aggrieved by an order issued under paragraph (1) 
may obtain review of the order’s conformance with this sub-
section, and regulations issued to carry out this section, in 
the United States court of appeals for a circuit in which the 
reprisal is alleged in the order to have occurred. A petition 
seeking review must be filed no more than 60 days after the 
head of the agency issues the order. Review shall conform 
to chapter 7 of title 5. 
(e) SCOPE OF SECTION.—This section does not— 
(1) authorize the discharge of, demotion of, or discrimination 
against an employee for a disclosure other than a disclosure 
protected by subsection (b); or 
(2) modify or derogate from a right or remedy otherwise 
available to the employee. 
§ 4706. Examination of facilities and records of contractor 
(a) DEFINITION.—In this section, the term ‘‘records’’ includes 
books, documents, accounting procedures and practices, and other 
data, regardless of type and regardless of whether the items are 
in written form, in the form of computer data, or in any other 
form. 
(b) AGENCY AUTHORITY.— 
(1) INSPECTION OF PLANT AND AUDIT OF RECORDS.—The head 
of an executive agency, acting through an authorized represent-
ative, may inspect the plant and audit the records of— 
(A) a contractor performing a cost-reimbursement, incen-
tive, time-and-materials, labor-hour, or price-redeter-
minable contract, or any combination of those contracts, 
the executive agency makes under this division; and 
(B) a subcontractor performing a cost-reimbursement, 
incentive, time-and-materials, labor-hour, or price-redeter-
minable subcontract, or any combination of those sub-
contracts, under a contract referred to in subparagraph 
(A). 
(2) EXAMINATION
OF
RECORDS.—The head of an executive 
agency, acting through an authorized representative, may, for 
the purpose of evaluating the accuracy, completeness, and cur-
rency of certified cost or pricing data required to be submitted 
pursuant to chapter 35 of this title with respect to a contract 
or subcontract, examine all records of the contractor or subcon-
tractor related to— 
(A) the proposal for the contract or subcontract; 
(B) the discussions conducted on the proposal; 
(C) pricing of the contract or subcontract; or 
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124 STAT. 3798 
PUBLIC LAW 111–350—JAN. 4, 2011 
(D) performance of the contract or subcontract. 
(c) SUBPOENA POWER.— 
(1) AUTHORITY TO REQUIRE THE PRODUCTION OF RECORDS.— 
The Inspector General of an executive agency appointed under 
section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. 
App.) or, on request of the head of an executive agency, the 
Director of the Defense Contract Audit Agency (or any successor 
agency) of the Department of Defense or the Inspector General 
of the General Services Administration may require by sub-
poena the production of records of a contractor, access to which 
is provided for that executive agency by subsection (b). 
(2) ENFORCEMENT OF SUBPOENA.—A subpoena under para-
graph (1), in the case of contumacy or refusal to obey, is 
enforceable by order of an appropriate United States district 
court. 
(3) AUTHORITY NOT DELEGABLE.—The authority provided by 
paragraph (1) may not be delegated. 
(4) REPORT.—In the year following a year in which authority 
provided in paragraph (1) is exercised for an executive agency, 
the head of the executive agency shall submit to the Committee 
on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government Reform of 
the House of Representatives a report on the exercise of the 
authority during the preceding year and the reasons why the 
authority was exercised in any instance. 
(d) AUTHORITY OF COMPTROLLER GENERAL.— 
(1) IN GENERAL.—Except as provided in paragraph (2), each 
contract awarded after using procedures other than sealed bid 
procedures shall provide that the Comptroller General and 
representatives of the Comptroller General may examine 
records of the contractor, or any of its subcontractors, that 
directly pertain to, and involve transactions relating to, the 
contract or subcontract and to interview any current employee 
regarding the transactions. 
(2) EXCEPTION
FOR
FOREIGN
CONTRACTOR
OR
SUBCON-
TRACTOR.—Paragraph (1) does not apply to a contract or sub-
contract with a foreign contractor or foreign subcontractor if 
the executive agency concerned determines, with the concur-
rence of the Comptroller General or the designee of the Comp-
troller General, that applying paragraph (1) to the contract 
or subcontract would not be in the public interest. The concur-
rence of the Comptroller General or the designee is not required 
when— 
(A) the contractor or subcontractor is— 
(i) the government of a foreign country or an agency 
of that government; or 
(ii) precluded by the laws of the country involved 
from making its records available for examination; and 
(B) the executive agency determines, after taking into 
account the price and availability of the property and serv-
ices from United States sources, that the public interest 
would be best served by not applying paragraph (1). 
(3) ADDITIONAL RECORDS NOT REQUIRED.—Paragraph (1) does 
not require a contractor or subcontractor to create or maintain 
a record that the contractor or subcontractor does not maintain 
in the ordinary course of business or pursuant to another 
law. 
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124 STAT. 3799 
PUBLIC LAW 111–350—JAN. 4, 2011 
(e) LIMITATION ON AUDITS RELATING TO INDIRECT COSTS.—An 
executive agency may not perform an audit of indirect costs under 
a contract, subcontract, or modification before or after entering 
into the contract, subcontract, or modification when the contracting 
officer determines that the objectives of the audit can reasonably 
be met by accepting the results of an audit that was conducted 
by another department or agency of the Federal Government within 
one year preceding the date of the contracting officer’s determina-
tion. 
(f) EXPIRATION OF AUTHORITY.—The authority of an executive 
agency under subsection (b) and the authority of the Comptroller 
General under subsection (d) shall expire 3 years after final pay-
ment under the contract or subcontract. 
(g) INAPPLICABILITY TO CERTAIN CONTRACTS.—This section does 
not apply to the following contracts: 
(1) Contracts for utility services at rates not exceeding those 
established to apply uniformly to the public, plus any applicable 
reasonable connection charge. 
(2) A contract or subcontract that is not greater than the 
simplified acquisition threshold. 
(h) ELECTRONIC FORM ALLOWED.—This section does not preclude 
a contractor from duplicating or storing original records in electronic 
form. 
(i) ORIGINAL RECORDS NOT REQUIRED.—An executive agency shall 
not require a contractor or subcontractor to provide original records 
in an audit carried out pursuant to this section if the contractor 
or subcontractor provides photographic or electronic images of the 
original records and meets the following requirements: 
(1) PRESERVATION PROCEDURES ESTABLISHED.—The contractor 
or subcontractor has established procedures to ensure that 
the imaging process preserves the integrity, reliability, and 
security of the original records. 
(2) INDEXING SYSTEM MAINTAINED.—The contractor or subcon-
tractor maintains an effective indexing system to permit timely 
and convenient access to the imaged records. 
(3) ORIGINAL RECORDS RETAINED.—The contractor or subcon-
tractor retains the original records for a minimum of one year 
after imaging to permit periodic validation of the imaging sys-
tems. 
§ 4707. Remission of liquidated damages 
When a contract made on behalf of the Federal Government 
by the head of a Federal agency, or by an authorized officer of 
the agency, includes a provision for liquidated damages for delay, 
the Secretary of the Treasury on recommendation of the head 
of the agency may remit any part of the damages as the Secretary 
of the Treasury believes is just and equitable. 
§ 4708. Payment of reimbursable indirect costs in cost-type 
research and development contracts with edu-
cational institutions 
A cost-type research and development contract (including a grant) 
with a university, college, or other educational institution may 
provide for payment of reimbursable indirect costs on the basis 
of predetermined fixed-percentage rates applied to the total of the 
reimbursable direct costs incurred or to an element of the total 
of the reimbursable direct costs incurred. 
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124 STAT. 3800 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 4709. Implementation of electronic commerce capability 
(a) ROLE OF HEAD OF EXECUTIVE AGENCY.—The head of each 
executive agency shall implement the electronic commerce capa-
bility required by section 2301 of this title. In implementing the 
capability, the head of an executive agency shall consult with the 
Administrator. 
(b) PROGRAM MANAGER.—The head of each executive agency shall 
designate a program manager to implement the electronic commerce 
capability for the agency. The program manager reports directly 
to an official at a level not lower than the senior procurement 
executive designated for the agency under section 1702(c) of this 
title. 
§ 4710. Limitations on tiering of subcontractors 
(a) DEFINITION.—In this section, the term ‘‘executive agency’’ has 
the same meaning given in section 133 of this title. 
(b) REGULATIONS.—For executive agencies other than the Depart-
ment of Defense, the Federal Acquisition Regulation shall— 
(1) require contractors to minimize the excessive use of sub-
contractors, or of tiers of subcontractors, that add no or neg-
ligible value; and 
(2) ensure that neither a contractor nor a subcontractor 
receives indirect costs or profit on work performed by a lower- 
tier subcontractor to which the higher-tier contractor or subcon-
tractor adds no or negligible value (but not to limit charges 
for indirect costs and profit based on the direct costs of man-
aging lower-tier subcontracts). 
(c) COVERED CONTRACTS.—This section applies to any cost- 
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 134 of this title). 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as limiting the ability of the Department of Defense 
to implement more restrictive limitations on the tiering of sub-
contractors. 
(e) APPLICABILITY.—The Department of Defense shall continue 
to be subject to guidance on limitations on tiering of subcontractors 
issued by the Department of Defense pursuant to section 852 of 
the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364, 10 U.S.C. 2324 note). 
§ 4711. Linking of award and incentive fees to acquisition 
outcomes 
(a) DEFINITION.—In this section, the term ‘‘executive agency’’ has 
the same meaning given in section 133 of this title. 
(b) GUIDANCE FOR EXECUTIVE AGENCIES ON LINKING OF AWARD 
AND INCENTIVE FEES
TO ACQUISITION OUTCOMES.—The Federal 
Acquisition Regulation shall provide executive agencies other than 
the Department of Defense with instructions, including definitions, 
on the appropriate use of award and incentive fees in Federal 
acquisition programs. 
(c) ELEMENTS.—The regulations under subsection (b) shall— 
(1) ensure that all new contracts using award fees link the 
fees to acquisition outcomes (which shall be defined in terms 
of program cost, schedule, and performance); 
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124 STAT. 3801 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) establish standards for identifying the appropriate level 
of officials authorized to approve the use of award and incentive 
fees in new contracts; 
(3) provide guidance on the circumstances in which contractor 
performance may be judged to be ‘‘excellent’’ or ‘‘superior’’ and 
the percentage of the available award fee which contractors 
should be paid for the performance; 
(4) establish standards for determining the percentage of 
the available award fee, if any, which contractors should be 
paid for performance that is judged to be ‘‘acceptable’’, ‘‘aver-
age’’, ‘‘expected’’, ‘‘good’’, or ‘‘satisfactory’’; 
(5) ensure that no award fee may be paid for contractor 
performance that is judged to be below satisfactory performance 
or performance that does not meet the basic requirements 
of the contract; 
(6) provide specific direction on the circumstances, if any, 
in which it may be appropriate to roll over award fees that 
are not earned in one award fee period to a subsequent award 
fee period or periods; 
(7) ensure consistent use of guidelines and definitions relating 
to award and incentive fees across the Federal Government; 
(8) ensure that each executive agency— 
(A) collects relevant data on award and incentive fees 
paid to contractors; and 
(B) has mechanisms in place to evaluate the data on 
a regular basis; 
(9) include performance measures to evaluate the effective-
ness of award and incentive fees as a tool for improving con-
tractor performance and achieving desired program outcomes; 
and 
(10) provide mechanisms for sharing proven incentive strate-
gies for the acquisition of different types of products and serv-
ices among contracting and program management officials. 
(d) GUIDANCE FOR DEPARTMENT OF DEFENSE.—The Department 
of Defense shall continue to be subject to guidance on award and 
incentive fees issued by the Secretary of Defense pursuant to section 
814 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364, 10 U.S.C. 2302 note). 
Subtitle II—Other Advertising and Contract 
Provisions 
Chapter 
Sec. 
61. Advertising ................................................................................................
6101 
63. General Contract Provisions ................................................................
6301 
65. Contracts for Materials, Supplies, Articles, and Equipment Ex-
ceeding $10,000.
6501 
67. Service Contract Labor Standards .....................................................
6701 
CHAPTER 61—ADVERTISING 
Sec. 
6101.
Advertising requirement for Federal Government purchases and sales. 
6102.
Exceptions from advertising requirement. 
6103.
Opening of bids. 
§ 6101. Advertising requirement for Federal Government 
purchases and sales 
(a) DEFINITIONS.—In this section— 
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124 STAT. 3802 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) APPROPRIATION.—The term ‘‘appropriation’’ includes 
amounts made available by legislation under section 9104 of 
title 31. 
(2) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ 
includes the government of the District of Columbia. 
(b) PURCHASES.— 
(1) IN GENERAL.—Unless otherwise provided in the appropria-
tion concerned or other law, purchases and contracts for sup-
plies or services for the Federal Government may be made 
or entered into only after advertising for proposals for a suffi-
cient time. 
(2) LIMITATIONS ON APPLICABILITY.—Paragraph (1) does not 
apply when— 
(A) the amount involved in any one case does not exceed 
$25,000; 
(B) public exigencies require the immediate delivery of 
articles or performance of services; 
(C) only one source of supply is available and the Federal 
Government purchasing or contracting officer so certifies; 
or 
(D) services are required to be performed by a contractor 
in person and are— 
(i) of a technical and professional nature; or 
(ii) under Federal Government supervision and paid 
for on a time basis. 
(c) SALES.—Except when otherwise authorized by law or when 
the reasonable value involved in any one case does not exceed 
$500, sales and contracts of sale by the Federal Government are 
governed by the requirements of this section for advertising. 
(d) APPLICATION
TO WHOLLY OWNED GOVERNMENT CORPORA-
TIONS.—For wholly owned Government corporations, this section 
applies only to administrative transactions. 
§ 6102. Exceptions from advertising requirement 
(a) AMERICAN BATTLE MONUMENTS COMMISSION.—Section 6101 
of this title does not apply to the American Battle Monuments 
Commission with respect to leases in foreign countries for office 
or garage space. 
(b) BUREAU OF INTERPARLIAMENTARY UNION FOR PROMOTION OF 
INTERNATIONAL ARBITRATION.—Section 6101 of this title does not 
apply to the Bureau of Interparliamentary Union for Promotion 
of International Arbitration with respect to necessary stenographic 
reporting services by contract. 
(c) DEPARTMENT OF STATE.—Section 6101 of this title does not 
apply to the Department of State when the purchase or service 
relates to the packing of personal and household effects of Diplo-
matic, Consular, and Foreign Service officers and clerks for foreign 
shipment. 
(d) INTERNATIONAL COMMITTEE OF AERIAL LEGAL EXPERTS.—Sec-
tion 6101 of this title does not apply to the International Committee 
of Aerial Legal Experts with respect to necessary stenographic 
and other services by contract. 
(e) ARCHITECT OF THE CAPITOL.—The purchase of supplies and 
equipment and the procurement of services for all branches under 
the Architect of the Capitol may be made in the open market 
according to common business practice, without compliance with 
section 6101 of this title, when the aggregate amount of the pur-
chase or the service does not exceed $25,000 in any instance. 
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124 STAT. 3803 
PUBLIC LAW 111–350—JAN. 4, 2011 
(f) FOREST PRODUCTS FROM INDIAN RESERVATIONS.—Lumber and 
other forest products produced by Indian enterprises from forests 
on Indian reservations may be sold under regulations the Secretary 
of the Interior prescribes, without compliance with section 6101 
of this title. 
(g) HOUSE OF REPRESENTATIVES.—Section 6101 of this title does 
not apply to purchases and contracts for supplies or services for 
any office of the House of Representatives. 
(h) CONGRESSIONAL
BUDGET
OFFICE.—The Director of the 
Congressional Budget Office may enter into agreements or contracts 
without regard to section 6101 of this title. 
§ 6103. Opening of bids 
Whenever proposals for supplies have been solicited, the parties 
responding to the solicitation shall be notified of the time and 
place of the opening of the bids, and be permitted to be present 
either in person or by attorney. A record of each bid shall be 
made at the time and place of the opening of the bids. 
CHAPTER 63—GENERAL CONTRACT PROVISIONS 
Sec. 
6301.
Authorization requirement. 
6302.
Contracts for fuel made by Secretary of the Army. 
6303.
Certain contracts limited to appropriated amounts. 
6304.
Certain contracts limited to one-year term. 
6305.
Prohibition on transfer of contract and certain allowable assignments. 
6306.
Prohibition on Members of Congress making contracts with Federal Govern-
ment. 
6307.
Contracts with Federal Government-owned establishments and availability 
of appropriations. 
6308.
Contracts for transportation of Federal Government securities. 
6309.
Honorable discharge certificate in lieu of birth certificate. 
§ 6301. Authorization requirement 
(a) IN GENERAL.—A contract or purchase on behalf of the Federal 
Government shall not be made unless the contract or purchase 
is authorized by law or is under an appropriation adequate to 
its fulfillment. 
(b) EXCEPTION.— 
(1) DEFINITION.—In this subsection, the term ‘‘defined Sec-
retary’’ means— 
(A) the Secretary of Defense; or 
(B) the Secretary of Homeland Security with respect 
to the Coast Guard when the Coast Guard is not operating 
as a service in the Navy. 
(2) IN GENERAL.—Subsection (a) does not apply to a contract 
or purchase made by a defined Secretary for clothing, subsist-
ence, forage, fuel, quarters, transportation, or medical and hos-
pital supplies. 
(3) CURRENT YEAR LIMITATION.—A contract or purchase made 
by a defined Secretary under this subsection may not exceed 
the necessities of the current year. 
(4) REPORTS.—The defined Secretary shall immediately 
advise Congress when authority is exercised under this sub-
section. The defined Secretary shall report quarterly on the 
estimated obligations incurred pursuant to the authority 
granted in this subsection. 
(c) SPECIAL RULE FOR PURCHASE OF LAND.—Land may not be 
purchased by the Federal Government unless the purchase is 
authorized by law. 
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124 STAT. 3804 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 6302. Contracts for fuel made by Secretary of the Army 
The Secretary of the Army, when the Secretary believes it is 
in the interest of the United States, may enter into contracts 
and incur obligations for fuel in sufficient quantities to meet the 
requirements for one year without regard to the current fiscal 
year. Amounts appropriated for the fiscal year in which the contract 
is made or amounts appropriated or which may be appropriated 
for the following fiscal year may be used to pay for supplies deliv-
ered under a contract made pursuant to this section. 
§ 6303. Certain contracts limited to appropriated amounts 
A contract to erect, repair, or furnish a public building, or to 
make any public improvement, shall not be made on terms requiring 
the Federal Government to pay more than the amount specifically 
appropriated for the activity covered by the contract. 
§ 6304. Certain contracts limited to one-year term 
Except as otherwise provided, an executive department shall not 
make a contract for stationery or other supplies for a term longer 
than one year from the time the contract is made. 
§ 6305. Prohibition on transfer of contract and certain allow-
able assignments 
(a) GENERAL PROHIBITION
ON TRANSFER
OF CONTRACTS.—The 
party to whom the Federal Government gives a contract or order 
may not transfer the contract or order, or any interest in the 
contract or order, to another party. A purported transfer in violation 
of this subsection annuls the contract or order so far as the Federal 
Government is concerned, except that all rights of action for breach 
of contract are reserved to the Federal Government. 
(b) ASSIGNMENT.— 
(1) IN
GENERAL.—Notwithstanding subsection (a) and in 
accordance with the requirements of this subsection, amounts 
due from the Federal Government under a contract may be 
assigned to a bank, trust company, Federal lending agency, 
or other financing institution. 
(2) MINIMUM
AMOUNT.—This subsection applies only to a 
contract under which the aggregate amounts due from the 
Federal Government total at least $1,000. 
(3) ACCORD WITH CONTRACT TERMS.—Assignment may not 
be made under this subsection if the contract forbids the assign-
ment. 
(4) FULL
BALANCE
DUE.—Unless otherwise expressly per-
mitted by the contract, an assignment under this subsection 
must cover the balance of all amounts due from the Federal 
Government under the contract. 
(5) SINGLE
ASSIGNMENT.—Unless otherwise expressly per-
mitted by the contract, an assignment under this subsection 
may not be made to more than one party or be subject to 
further assignment, except that assignment may be made to 
one party as agent or trustee for 2 or more parties participating 
in the financing. 
(6) WRITTEN NOTICE.—The assignee of an assignment under 
this subsection shall file written notice of the assignment and 
a true copy of the instrument of assignment with— 
(A) the contracting officer or head of the officer’s depart-
ment or agency; 
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124 STAT. 3805 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) the surety on any bond connected with the contract; 
and 
(C) the disbursing officer, if any, designated in the con-
tract to make payment. 
(7) VALIDITY.—Notwithstanding any law to the contrary gov-
erning the validity of assignments, an assignment under this 
subsection is a valid assignment for all purposes. 
(8) NO REFUND TO COVER ASSIGNOR’S LIABILITY.—The assignee 
of an assignment under this subsection is not liable to make 
any refund to the Federal Government because of an assignor’s 
liability to the Federal Government, whether that liability 
arises from the contract or independently. 
(9) AVOIDING
REDUCTION
OR
SETOFF
WITH
CERTAIN
CON-
TRACTS.— 
(A) CONTRACT PROVISION.—A contract of the Department 
of Defense, the General Services Administration, the 
Department of Energy, or another department or agency 
of the Federal Government designated by the President 
may, on a determination of need by the President, provide 
or be amended without consideration to provide that pay-
ments made to an assignee under the contract are not 
subject to reduction or setoff. Each determination of need 
by the President under this subparagraph shall be pub-
lished in the Federal Register. 
(B) CARRYING OUT CONTRACT PROVISION.—When a ‘‘no 
reduction or setoff’’ provision as described in subparagraph 
(A) is included in a contract, payments to the assignee 
are not subject to reduction or setoff for an assignor’s 
liability arising— 
(i) independently of the contract; 
(ii) on account of renegotiation under a renegotiation 
statute or under a statutory renegotiation article in 
the contract; 
(iii) on account of fines; 
(iv) on account of penalties; or 
(v) on account of taxes, social security contributions, 
or the withholding or non-withholding of taxes or social 
security 
contributions, 
whether 
arising 
from 
or 
independently of the contract. 
(C) LIMITATION.—Subparagraph (B)(iv) does not apply 
to amounts which may be collected or withheld from the 
assignor in accordance with or for failure to comply with 
the terms of the contract. 
§ 6306. Prohibition on Members of Congress making con-
tracts with Federal Government 
(a) IN GENERAL.—A Member of Congress may not enter into 
or benefit from a contract or agreement or any part of a contract 
or agreement with the Federal Government. 
(b) EXEMPTIONS.— 
(1) IN GENERAL.—Subsection (a) does not apply to contracts 
that the Secretary of Agriculture may enter into with farmers. 
(2) CERTAIN ACTS.—Subsection (a) does not apply to a contract 
entered into under— 
(A) the Agricultural Adjustment Act (7 U.S.C. 601 et 
seq.); 
(B) the Farm Credit Act of 1971 (12 U.S.C. 2001 et 
seq.); or 
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124 STAT. 3806 
PUBLIC LAW 111–350—JAN. 4, 2011 
(C) the Home Owners’ Loan Act (12 U.S.C. 1461 et seq.). 
(3) PUBLIC
RECORD.—An exemption under this subsection 
shall be made a matter of public record. 
§ 6307. Contracts with Federal Government-owned establish-
ments and availability of appropriations 
An order or contract placed with a Federal Government-owned 
establishment for work, material, or the manufacture of material 
pertaining to an approved project is deemed to be an obligation 
in the same manner that a similar order or contract placed with 
a commercial manufacturer or private contractor is an obligation. 
Appropriations remain available to pay an obligation to a Federal 
Government-owned establishment just as appropriations remain 
available to pay an obligation to a commercial manufacturer or 
private contractor. 
§ 6308. Contracts for transportation of Federal Government 
securities 
When practicable, a contract for transporting bullion, cash, or 
securities of the Federal Government shall be awarded to the lowest 
responsible bidder after notice to all parties with means of transpor-
tation. 
§ 6309. Honorable discharge certificate in lieu of birth cer-
tificate 
(a) IN GENERAL.—An employer described in subsection (b) may 
not deny employment, on account of failure to produce a birth 
certificate, to an individual who submits, in lieu of the birth certifi-
cate, an honorable discharge certificate (or certificate issued in 
lieu of an honorable discharge certificate) from the Army, Air Force, 
Navy, Marine Corps, or Coast Guard of the United States, unless 
the honorable discharge certificate shows on its face that the indi-
vidual may have been an alien at the time of its issuance. 
(b) EMPLOYERS
TO
WHICH
SECTION
APPLIES.—An employer 
referred to in subsection (a) is an employer— 
(1) engaged in— 
(A) the production, maintenance, or storage of arms, 
armament, ammunition, implements of war, munitions, 
machinery, tools, clothing, food, fuel, or any articles or 
supplies, or parts or ingredients of any articles or supplies; 
or 
(B) the construction, reconstruction, repair, or installa-
tion of a building, plant, structure, or facility; and 
(2) engaged in the activity described in paragraph (1) under— 
(A) a contract with the Federal Government; or 
(B) any contract that the President, the Secretary of 
the Army, the Secretary of the Air Force, the Secretary 
of the Navy, or the Secretary of the Department in which 
the Coast Guard is operating certifies to the employer 
to be necessary to the national defense. 
CHAPTER 65—CONTRACTS FOR MATERIALS, SUPPLIES, 
ARTICLES, AND EQUIPMENT EXCEEDING $10,000 
Sec. 
6501.
Definitions. 
6502.
Required contract terms. 
6503.
Breach or violation of required contract terms. 
6504.
Three-year prohibition on new contracts in case of breach or violation. 
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124 STAT. 3807 
PUBLIC LAW 111–350—JAN. 4, 2011 
6505.
Exclusions. 
6506.
Administrative provisions. 
6507.
Hearing authority and procedures. 
6508.
Authority to make exceptions. 
6509.
Other procedures. 
6510.
Manufacturers and regular dealers. 
6511.
Effect on other law. 
§ 6501. Definitions 
In this chapter— 
(1) AGENCY OF THE UNITED STATES.—The term ‘‘agency of 
the United States’’ means an executive department, inde-
pendent establishment, or other agency or instrumentality of 
the United States, the District of Columbia, or a corporation 
in which all stock is beneficially owned by the Federal Govern-
ment. 
(2) PERSON.—The term ‘‘person’’ includes one or more individ-
uals, partnerships, associations, corporations, legal representa-
tives, trustees, trustees in cases under title 11, or receivers. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Labor. 
§ 6502. Required contract terms 
A contract made by an agency of the United States for the 
manufacture or furnishing of materials, supplies, articles, or equip-
ment, in an amount exceeding $10,000, shall include the following 
representations and stipulations: 
(1) MINIMUM WAGES TO BE PAID.—All individuals employed 
by the contractor in the manufacture or furnishing of materials, 
supplies, articles, or equipment under the contract will be paid, 
without subsequent deduction or rebate on any account, not 
less than the prevailing minimum wages, as determined by 
the Secretary, for individuals employed in similar work or 
in the particular or similar industries or groups of industries 
currently operating in the locality in which the materials, sup-
plies, articles, or equipment are to be manufactured or fur-
nished under the contract, except that this paragraph applies 
only to purchases or contracts relating to industries that have 
been the subject matter of a determination by the Secretary. 
(2) MAXIMUM NUMBER OF HOURS TO BE WORKED IN A WEEK.— 
No individual employed by the contractor in the manufacture 
or furnishing of materials, supplies, articles, or equipment 
under the contract shall be permitted to work in excess of 
40 hours in any one week, except that this paragraph does 
not apply to an employer who has entered into an agreement 
with employees pursuant to paragraph (1) or (2) of section 
7(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(b)(1) 
or (2)). 
(3) INELIGIBLE EMPLOYEES.—No individual under 16 years 
of age and no incarcerated individual will be employed by 
the contractor in the manufacture or furnishing of materials, 
supplies, articles, or equipment under the contract, except that 
this section, or other law or executive order containing similar 
prohibitions against the purchase of goods by the Federal 
Government, does not apply to convict labor that satisfies the 
conditions of section 1761(c) of title 18. 
(4) STANDARDS OF PLACES AND WORKING CONDITIONS WHERE 
CONTRACT PERFORMED.—No part of the contract will be per-
formed, and no materials, supplies, articles, or equipment will 
be manufactured or fabricated under the contract, in plants, 
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124 STAT. 3808 
PUBLIC LAW 111–350—JAN. 4, 2011 
factories, buildings, or surroundings, or under working condi-
tions, that are unsanitary, hazardous, or dangerous to the 
health and safety of employees engaged in the performance 
of the contract. Compliance with the safety, sanitary, and fac-
tory inspection laws of the State in which the work or part 
of the work is to be performed is prima facie evidence of 
compliance with this paragraph. 
§ 6503. Breach or violation of required contract terms 
(a) APPLICABLE BREACH OR VIOLATION.—This section applies in 
case of breach or violation of a representation or stipulation included 
in a contract under section 6502 of this title. 
(b) LIQUIDATED DAMAGES.—In addition to damages for any other 
breach of the contract, the party responsible for a breach or violation 
described in subsection (a) is liable to the Federal Government 
for the following liquidated damages: 
(1) An amount equal to the sum of $10 per day for each 
individual under 16 years of age and each incarcerated indi-
vidual knowingly employed in the performance of the contract. 
(2) An amount equal to the sum of each underpayment of 
wages due an employee engaged in the performance of the 
contract, including any underpayments arising from deductions, 
rebates, or refunds. 
(c) CANCELLATION AND ALTERNATIVE COMPLETION.—In addition 
to the Federal Government being entitled to damages described 
in subsection (b), the agency of the United States that made the 
contract may cancel the contract and make open-market purchases 
or make other contracts for the completion of the original contract, 
charging any additional cost to the original contractor. 
(d) RECOVERY OF AMOUNTS DUE.—An amount due the Federal 
Government because of a breach or violation described in subsection 
(a) may be withheld from any amounts owed the contractor under 
any contract under section 6502 of this title or may be recovered 
in a suit brought by the Attorney General. 
(e) EMPLOYEE REIMBURSEMENT FOR UNDERPAYMENT OF WAGES.— 
An amount withheld or recovered under subsection (d) that is 
based on an underpayment of wages as described in subsection 
(b)(2) shall be held in a special deposit account. On order of the 
Secretary, the amount shall be paid directly to the underpaid 
employee on whose account the amount was withheld or recovered. 
However, an employee’s claim for payment under this subsection 
may be entertained only if made within one year from the date 
of actual notice to the contractor of the withholding or recovery. 
§ 6504. Three-year prohibition on new contracts in case of 
breach or violation 
(a) DISTRIBUTION OF LIST.—The Comptroller General shall dis-
tribute to each agency of the United States a list containing the 
names of persons found by the Secretary to have breached or 
violated a representation or stipulation included in a contract under 
section 6502 of this title. 
(b) THREE-YEAR PROHIBITION.—Unless the Secretary recommends 
otherwise, a contract described in section 6502 of this title may 
not be awarded to a person named on the list under subsection 
(a), or to a firm, corporation, partnership, or association in which 
the person has a controlling interest, until 3 years have elapsed 
from the date of the determination by the Secretary that a breach 
or violation occurred. 
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124 STAT. 3809 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 6505. Exclusions 
(a) ITEMS AVAILABLE IN THE OPEN MARKET.—This chapter does 
not apply to the purchase of materials, supplies, articles, or equip-
ment that may usually be bought in the open market. 
(b) PERISHABLES
AND AGRICULTURAL PRODUCTS.—This chapter 
does not apply to any of the following: 
(1) Perishables, including dairy, livestock and nursery prod-
ucts. 
(2) Agricultural or farm products processed for first sale 
by the original producers. 
(3) Contracts made by the Secretary of Agriculture for the 
purchase of agricultural commodities or products of agricultural 
commodities. 
(c) CARRIAGE
OF FREIGHT
OR PERSONNEL.—This chapter may 
not be construed to apply to— 
(1) the carriage of freight or personnel by vessel, airplane, 
bus, truck, express, or railway line where published tariff rates 
are in effect; or 
(2) common carriers subject to the Communications Act of 
1934 (47 U.S.C. 151 et seq.). 
§ 6506. Administrative provisions 
(a) IN GENERAL.—The Secretary shall administer this chapter. 
(b) REGULATIONS.—The Secretary may make, amend, and rescind 
regulations as necessary to carry out this chapter. 
(c) USE OF GOVERNMENT OFFICERS AND EMPLOYEES.—The Sec-
retary shall use Federal officers and employees and, with a State’s 
consent, State and local officers and employees as the Secretary 
finds necessary to assist in the administration of this chapter. 
(d) APPOINTMENTS.—The Secretary shall appoint an administra-
tive officer and attorneys, experts, and other employees from time 
to time as the Secretary finds necessary for the administration 
of this chapter. The appointments are subject to chapter 51 and 
subchapter III of chapter 53 of title 5 and other law applicable 
to the employment and compensation of officers and employees 
of the Federal Government. 
(e) INVESTIGATIONS.—The Secretary, or an authorized representa-
tive of the Secretary, may make investigations and findings as 
provided in this chapter and may, in any part of the United States, 
prosecute an inquiry necessary to carry out this chapter. 
§ 6507. Hearing authority and procedures 
(a) RECORD AND HEARING REQUIREMENTS FOR WAGE DETERMINA-
TIONS.—A wage determination under section 6502(1) of this title 
shall be made on the record after opportunity for a hearing. 
(b) AUTHORITY TO HOLD HEARINGS.—The Secretary or an impar-
tial representative designated by the Secretary may hold hearings 
when there is a complaint of breach or violation of a representation 
or stipulation included in a contract under section 6502 of this 
title. The Secretary may initiate hearings on the Secretary’s own 
motion or on the application of a person affected by the ruling 
of an agency of the United States relating to a proposal or contract 
under this chapter. 
(c) ORDERS TO COMPEL TESTIMONY.—The Secretary or an impar-
tial representative designated by the Secretary may issue orders 
requiring witnesses to attend hearings held under this section and 
to produce evidence and testify under oath. Witnesses shall be 
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124 STAT. 3810 
PUBLIC LAW 111–350—JAN. 4, 2011 
paid fees and mileage at the same rates as witnesses in courts 
of the United States. 
(d) ENFORCEMENT OF ORDERS.—If a person refuses or fails to 
obey an order issued under subsection (c), the Secretary or an 
impartial representative designated by the Secretary may bring 
an action to enforce the order in a district court of the United 
States or in the district court of a territory or possession of the 
United States. A court has jurisdiction to enforce the order if 
the inquiry is being carried out within the court’s judicial district 
or if the person is found or resides or transacts business within 
the court’s judicial district. The court may issue an order requiring 
the person to obey the order issued under subsection (c), and the 
court may punish any further refusal or failure as contempt of 
court. 
(e) FINDINGS OF FACT.—After notice and a hearing, the Secretary 
or an impartial representative designated by the Secretary shall 
make findings of fact. The findings are conclusive for agencies 
of the United States. If supported by a preponderance of the evi-
dence, the findings are conclusive in any court of the United States. 
(f) DECISIONS.—The Secretary or an impartial representative des-
ignated by the Secretary may make decisions, based on findings 
of fact, that are considered necessary to enforce this chapter. 
§ 6508. Authority to make exceptions 
(a) DUTY OF THE SECRETARY TO MAKE EXCEPTIONS.—When the 
head of an agency of the United States makes a written finding 
that the inclusion of representations or stipulations under section 
6502 of this title in a proposal or contract will seriously impair 
the conduct of Federal Government business, the Secretary shall 
make exceptions, in specific cases or otherwise, when justice or 
the public interest will be served. 
(b) AUTHORITY OF THE SECRETARY TO MODIFY EXISTING CON-
TRACTS.—When an agency of the United States and a contractor 
jointly recommend, the Secretary may modify the terms of an 
existing contract with respect to minimum wages and maximum 
hours of labor as the Secretary finds necessary and proper in 
the public interest or to prevent injustice and undue hardship. 
(c) AUTHORITY OF THE SECRETARY TO ALLOW LIMITATIONS, VARI-
ATIONS, TOLERANCES, AND EXEMPTIONS.—The Secretary may pro-
vide reasonable limitations and may prescribe regulations to allow 
reasonable variations, tolerances, and exemptions in the application 
of this chapter to contractors, including with respect to minimum 
wages and maximum hours of labor. 
(d) RATE OF PAY FOR OVERTIME.—When the Secretary permits 
an increase in the maximum hours of labor stipulated in a contract, 
the Secretary shall set a rate of pay for overtime. The overtime 
rate must be at least one and one-half times the basic hourly 
rate. 
(e) AUTHORITY OF THE PRESIDENT TO SUSPEND.—The President 
may suspend any of the representations and stipulations contained 
in section 6502 of this title whenever, in the President’s judgment, 
suspension is in the public interest. 
§ 6509. Other procedures 
(a) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.—Not-
withstanding section 553 of title 5, subchapter II of chapter 5 
and chapter 7 of title 5 are applicable in the administration of 
sections 6501 to 6507 and 6511 of this title. 
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124 STAT. 3811 
PUBLIC LAW 111–350—JAN. 4, 2011 
(b) JUDICIAL REVIEW IN GENERAL.—Notwithstanding the inclusion 
of representations and stipulations in a contract under section 
6502 of this title, an interested person has the right of judicial 
review of any legal question which might otherwise be raised, 
including wage determinations and the interpretation of the terms 
‘‘locality’’ and ‘‘open market’’. 
(c) JUDICIAL
REVIEW
OF
WAGE
DETERMINATIONS.—A person 
adversely affected or aggrieved by a wage determination under 
section 6502(1) of this title has the right of judicial review of 
the determination, or of the applicability of the determination, 
within 90 days after the determination is made, in the manner 
provided by chapter 7 of title 5. A person adversely affected or 
aggrieved by a wage determination is deemed to include a person 
in an industry to which the determination applies that is a supplier 
of materials, supplies, articles, or equipment that are purchased 
or intended to be purchased by the Federal Government from any 
source. 
§ 6510. Manufacturers and regular dealers 
(a) PRESCRIBING STANDARDS.—The Secretary may prescribe, in 
regulations, standards for determining whether a contractor is a 
manufacturer or regular dealer with respect to materials, supplies, 
articles, or equipment to be manufactured or furnished under, or 
used in the performance of, a contract entered into by an agency 
of the United States. 
(b) JUDICIAL REVIEW.—An interested person has the right of 
judicial review of any legal question relating to interpretation of 
the terms ‘‘regular dealer’’ and ‘‘manufacturer’’ as defined pursuant 
to subsection (a). 
§ 6511. Effect on other law 
This chapter may not be construed to modify or amend the 
following provisions: 
(1) Chapter 83 of this title. 
(2) Sections 3141 to 3144, 3146, and 3147 of title 40. 
(3) Chapter 307 of title 18. 
CHAPTER 67—SERVICE CONTRACT LABOR STANDARDS 
Sec. 
6701.
Definitions. 
6702.
Contracts to which this chapter applies. 
6703.
Required contract terms. 
6704.
Limitation on minimum wage. 
6705.
Violations. 
6706.
Three-year prohibition on new contracts in case of violation. 
6707.
Enforcement and administration of chapter. 
§ 6701. Definitions 
In this chapter: 
(1) COMPENSATION.—The term ‘‘compensation’’ means any of 
the payments or fringe benefits described in section 6703 of 
this title. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Labor. 
(3) SERVICE EMPLOYEE.—The term ‘‘service employee’’— 
(A) means an individual engaged in the performance 
of a contract made by the Federal Government and not 
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124 STAT. 3812 
PUBLIC LAW 111–350—JAN. 4, 2011 
exempted under section 6702(b) of this title, whether nego-
tiated or advertised, the principal purpose of which is to 
furnish services in the United States; 
(B) includes an individual without regard to any contrac-
tual relationship alleged to exist between the individual 
and a contractor or subcontractor; but 
(C) does not include an individual employed in a bona 
fide executive, administrative, or professional capacity, as 
those terms are defined in part 541 of title 29, Code of 
Federal Regulations. 
(4) UNITED STATES.—The term ‘‘United States’’— 
(A) includes any State of the United States, the District 
of Columbia, Puerto Rico, the Virgin Islands, the outer 
Continental Shelf as defined in the Outer Continental Shelf 
Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, 
Guam, Wake Island, and Johnston Island; but 
(B) does not include any other territory under the juris-
diction of the United States or any United States base 
or possession within a foreign country. 
§ 6702. Contracts to which this chapter applies 
(a) IN GENERAL.—Except as provided in subsection (b), this 
chapter applies to any contract or bid specification for a contract, 
whether negotiated or advertised, that— 
(1) is made by the Federal Government or the District of 
Columbia; 
(2) involves an amount exceeding $2,500; and 
(3) has as its principal purpose the furnishing of services 
in the United States through the use of service employees. 
(b) EXEMPTIONS.—This chapter does not apply to— 
(1) a contract of the Federal Government or the District 
of Columbia for the construction, alteration, or repair, including 
painting and decorating, of public buildings or public works; 
(2) any work required to be done in accordance with chapter 
65 of this title; 
(3) a contract for the carriage of freight or personnel by 
vessel, airplane, bus, truck, express, railway line or oil or 
gas pipeline where published tariff rates are in effect; 
(4) a contract for the furnishing of services by radio, tele-
phone, telegraph, or cable companies, subject to the Commu-
nications Act of 1934 (47 U.S.C. 151 et seq.); 
(5) a contract for public utility services, including electric 
light and power, water, steam, and gas; 
(6) an employment contract providing for direct services to 
a Federal agency by an individual; and 
(7) a contract with the United States Postal Service, the 
principal purpose of which is the operation of postal contract 
stations. 
§ 6703. Required contract terms 
A contract, and bid specification for a contract, to which this 
chapter applies under section 6702 of this title shall contain the 
following terms: 
(1) MINIMUM WAGE.—The contract and bid specification shall 
contain a provision specifying the minimum wage to be paid 
to each class of service employee engaged in the performance 
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124 STAT. 3813 
PUBLIC LAW 111–350—JAN. 4, 2011 
of the contract or any subcontract, as determined by the Sec-
retary or the Secretary’s authorized representative, in accord-
ance with prevailing rates in the locality, or, where a collective- 
bargaining agreement covers the service employees, in accord-
ance with the rates provided for in the agreement, including 
prospective wage increases provided for in the agreement as 
a result of arm’s length negotiations. In any case the minimum 
wage may not be less than the minimum wage specified in 
section 6704 of this title. 
(2) FRINGE
BENEFITS.—The contract and bid specification 
shall contain a provision specifying the fringe benefits to be 
provided to each class of service employee engaged in the 
performance of the contract or any subcontract, as determined 
by the Secretary or the Secretary’s authorized representative 
to be prevailing in the locality, or, where a collective-bargaining 
agreement covers the service employees, to be provided for 
under the agreement, including prospective fringe benefit 
increases provided for in the agreement as a result of arm’s- 
length negotiations. The fringe benefits shall include medical 
or hospital care, pensions on retirement or death, compensation 
for injuries or illness resulting from occupational activity, or 
insurance to provide any of the foregoing, unemployment bene-
fits, life insurance, disability and sickness insurance, accident 
insurance, vacation and holiday pay, costs of apprenticeship 
or other similar programs and other bona fide fringe benefits 
not otherwise required by Federal, State, or local law to be 
provided by the contractor or subcontractor. The obligation 
under this paragraph may be discharged by furnishing any 
equivalent combinations of fringe benefits or by making equiva-
lent or differential payments in cash under regulations estab-
lished by the Secretary. 
(3) WORKING CONDITIONS.—The contract and bid specification 
shall contain a provision specifying that no part of the services 
covered by this chapter may be performed in buildings or sur-
roundings or under working conditions, provided by or under 
the control or supervision of the contractor or any subcontractor, 
which are unsanitary or hazardous or dangerous to the health 
or safety of service employees engaged to provide the services. 
(4) NOTICE.—The contract and bid specification shall contain 
a provision specifying that on the date a service employee 
begins work on a contract to which this chapter applies, the 
contractor or subcontractor will deliver to the employee a notice 
of the compensation required under paragraphs (1) and (2), 
on a form prepared by the Federal agency, or will post a 
notice of the required compensation in a prominent place at 
the worksite. 
(5) GENERAL SCHEDULE PAY RATES AND PREVAILING RATE SYS-
TEMS.—The contract and bid specification shall contain a state-
ment of the rates that would be paid by the Federal agency 
to each class of service employee if section 5332 or 5341 of 
title 5 were applicable to them. The Secretary shall give due 
consideration to these rates in making the wage and fringe 
benefit determinations specified in this section. 
§ 6704. Limitation on minimum wage 
(a) IN GENERAL.—A contractor that makes a contract with the 
Federal Government, the principal purpose of which is to furnish 
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124 STAT. 3814 
PUBLIC LAW 111–350—JAN. 4, 2011 
services through the use of service employees, and any subcon-
tractor, may not pay less than the minimum wage specified under 
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(a)(1)) to an employee engaged in performing work on the con-
tract. 
(b) VIOLATIONS.—Sections 6705 to 6707(d) of this title are 
applicable to a violation of this section. 
§ 6705. Violations 
(a) LIABILITY OF RESPONSIBLE PARTY.—A party responsible for 
a violation of a contract provision required under section 6703(1) 
or (2) of this title or a violation of section 6704 of this title is 
liable for an amount equal to the sum of any deduction, rebate, 
refund, or underpayment of compensation due any employee 
engaged in the performance of the contract. 
(b) RECOVERY OF AMOUNTS UNDERPAID TO EMPLOYEES.— 
(1) WITHHOLDING ACCRUED PAYMENTS DUE ON CONTRACTS.— 
The total amount determined under subsection (a) to be due 
any employee engaged in the performance of a contract may 
be withheld from accrued payments due on the contract or 
on any other contract between the same contractor and the 
Federal Government. The amount withheld shall be held in 
a deposit fund. On order of the Secretary, the compensation 
found by the Secretary or the head of a Federal agency to 
be due an underpaid employee pursuant to this chapter shall 
be paid from the deposit fund directly to the underpaid 
employee. 
(2) BRINGING ACTIONS AGAINST CONTRACTORS.—If the accrued 
payments withheld under the terms of the contract are insuffi-
cient to reimburse a service employee with respect to whom 
there has been a failure to pay the compensation required 
pursuant to this chapter, the Federal Government may bring 
action against the contractor, subcontractor, or any sureties 
in any court of competent jurisdiction to recover the remaining 
amount of underpayment. Any amount recovered shall be held 
in the deposit fund and shall be paid, on order of the Secretary, 
directly to the underpaid employee. Any amount not paid to 
an employee because of inability to do so within 3 years shall 
be covered into the Treasury as miscellaneous receipts. 
(c) CANCELLATION AND ALTERNATIVE COMPLETION.—In addition 
to other actions in accordance with this section, when a violation 
of any contract stipulation is found, the Federal agency that made 
the contract may cancel the contract on written notice to the original 
contractor. The Federal Government may then make other contracts 
or arrangements for the completion of the original contract, charging 
any additional cost to the original contractor. 
(d) ENFORCEMENT OF SECTION.—In accordance with regulations 
prescribed pursuant to section 6707(a)–(d) of this title, the Secretary 
or the head of a Federal agency may carry out this section. 
§ 6706. Three-year prohibition on new contracts in case of 
violation 
(a) DISTRIBUTION OF LIST.—The Comptroller General shall dis-
tribute to each agency of the Federal Government a list containing 
the names of persons or firms that a Federal agency or the Secretary 
has found to have violated this chapter. 
(b) THREE-YEAR PROHIBITION.—Unless the Secretary recommends 
otherwise because of unusual circumstances, a Federal Government 
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124 STAT. 3815 
PUBLIC LAW 111–350—JAN. 4, 2011 
contract may not be awarded to a person or firm named on the 
list under subsection (a), or to an entity in which the person 
or firm has a substantial interest, until 3 years have elapsed 
from the date of publication of the list. If the Secretary does not 
recommend otherwise because of unusual circumstances, the Sec-
retary shall, not later than 90 days after a hearing examiner 
has made a finding of a violation of this chapter, forward to the 
Comptroller General the name of the person or firm found to 
have violated this chapter. 
§ 6707. Enforcement and administration of chapter 
(a) ENFORCEMENT OF CHAPTER.—Sections 6506 and 6507 of this 
title govern the Secretary’s authority to enforce this chapter, 
including the Secretary’s authority to prescribe regulations, issue 
orders, hold hearings, make decisions based on findings of fact, 
and take other appropriate action under this chapter. 
(b) LIMITATIONS AND REGULATIONS FOR VARIATIONS, TOLERANCES, 
AND EXEMPTIONS.—The Secretary may provide reasonable limita-
tions and may prescribe regulations allowing reasonable variation, 
tolerances, and exemptions with respect to this chapter (other than 
subsection (f)), but only in special circumstances where the Sec-
retary determines that the limitation, variation, tolerance, or 
exemption is necessary and proper in the public interest or to 
avoid the serious impairment of Federal Government business, and 
is in accord with the remedial purpose of this chapter to protect 
prevailing labor standards. 
(c) PRESERVATION OF WAGES AND BENEFITS DUE UNDER PREDE-
CESSOR CONTRACTS.— 
(1) IN GENERAL.—Under a contract which succeeds a contract 
subject to this chapter, and under which substantially the 
same services are furnished, a contractor or subcontractor may 
not pay a service employee less than the wages and fringe 
benefits the service employee would have received under the 
predecessor contract, including accrued wages and fringe bene-
fits and any prospective increases in wages and fringe benefits 
provided for in a collective-bargaining agreement as a result 
of arm’s-length negotiations. 
(2) EXCEPTION.—This subsection does not apply if the Sec-
retary finds after a hearing in accordance with regulations 
adopted by the Secretary that wages and fringe benefits under 
the predecessor contract are substantially at variance with 
wages and fringe benefits prevailing in the same locality for 
services of a similar character. 
(d) DURATION OF CONTRACTS.—Subject to limitations in annual 
appropriation acts but notwithstanding any other law, a contract 
to which this chapter applies may, if authorized by the Secretary, 
be for any term of years not exceeding 5, if the contract provides 
for periodic adjustment of wages and fringe benefits pursuant to 
future determinations, issued in the manner prescribed in section 
6703 of this title at least once every 2 years during the term 
of the contract, covering each class of service employee. 
(e) EXCLUSION OF FRINGE BENEFIT PAYMENTS IN DETERMINING 
OVERTIME PAY.—In determining any overtime pay to which a 
service employee is entitled under Federal law, the regular or 
basic hourly rate of pay of the service employee does not include 
any fringe benefit payments computed under this chapter which 
are excluded from the definition of ‘‘regular rate’’ under section 
7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)). 
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124 STAT. 3816 
PUBLIC LAW 111–350—JAN. 4, 2011 
(f) TIMELINESS OF WAGE AND FRINGE BENEFIT DETERMINATIONS.— 
It is the intent of Congress that determinations of minimum wages 
and fringe benefits under section 6703(1) and (2) of this title should 
be made as soon as administratively feasible for all contracts subject 
to this chapter. In any event, the Secretary shall at least make 
the determinations for contracts under which more than 5 service 
employees are to be employed. 
Subtitle III—Contract Disputes 
Chapter 
Sec. 
71. Contract Disputes .......................................................................................
7101 
CHAPTER 71—CONTRACT DISPUTES 
Sec. 
7101.
Definitions. 
7102.
Applicability of chapter. 
7103.
Decision by contracting officer. 
7104.
Contractor’s right of appeal from decision by contracting officer. 
7105.
Agency boards. 
7106.
Agency board procedures for accelerated and small claims. 
7107.
Judicial review of agency board decisions. 
7108.
Payment of claims. 
7109.
Interest. 
§ 7101. Definitions 
In this chapter: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator for Federal Procurement Policy appointed pursu-
ant to section 1102 of this title. 
(2) AGENCY BOARD OR AGENCY BOARD OF CONTRACT APPEALS.— 
The term ‘‘agency board’’ or ‘‘agency board of contract appeals’’ 
means— 
(A) the Armed Services Board; 
(B) the Civilian Board; 
(C) the board of contract appeals of the Tennessee Valley 
Authority; or 
(D) the Postal Service Board established under section 
7105(d)(1) of this title. 
(3) AGENCY HEAD.—The term ‘‘agency head’’ means the head 
and any assistant head of an executive agency. The term may 
include the chief official of a principal division of an executive 
agency if the head of the executive agency so designates that 
chief official. 
(4) ARMED
SERVICES
BOARD.—The term ‘‘Armed Services 
Board’’ means the Armed Services Board of Contract Appeals 
established under section 7105(a)(1) of this title. 
(5) CIVILIAN BOARD.—The term ‘‘Civilian Board’’ means the 
Civilian Board of Contract Appeals established under section 
7105(b)(1) of this title. 
(6) CONTRACTING OFFICER.—The term ‘‘contracting officer’’— 
(A) means an individual who, by appointment in accord-
ance with applicable regulations, has the authority to make 
and administer contracts and to make determinations and 
findings with respect to contracts; and 
(B) includes an authorized representative of the con-
tracting officer, acting within the limits of the representa-
tive’s authority. 
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124 STAT. 3817 
PUBLIC LAW 111–350—JAN. 4, 2011 
(7) CONTRACTOR.—The term ‘‘contractor’’ means a party to 
a Federal Government contract other than the Federal Govern-
ment. 
(8) EXECUTIVE
AGENCY.—The term ‘‘executive agency’’ 
means— 
(A) an executive department as defined in section 101 
of title 5; 
(B) a military department as defined in section 102 of 
title 5; 
(C) an independent establishment as defined in section 
104 of title 5, except that the term does not include the 
Government Accountability Office; and 
(D) a wholly owned Government corporation as defined 
in section 9101(3) of title 31. 
(9) MISREPRESENTATION OF FACT.—The term ‘‘misrepresenta-
tion of fact’’ means a false statement of substantive fact, or 
conduct that leads to a belief of a substantive fact material 
to proper understanding of the matter in hand, made with 
intent to deceive or mislead. 
§ 7102. Applicability of chapter 
(a) EXECUTIVE AGENCY CONTRACTS.—Unless otherwise specifically 
provided in this chapter, this chapter applies to any express or 
implied contract (including those of the nonappropriated fund activi-
ties described in sections 1346 and 1491 of title 28) made by 
an executive agency for— 
(1) the procurement of property, other than real property 
in being; 
(2) the procurement of services; 
(3) the procurement of construction, alteration, repair, or 
maintenance of real property; or 
(4) the disposal of personal property. 
(b) TENNESSEE VALLEY AUTHORITY CONTRACTS.— 
(1) IN GENERAL.—With respect to contracts of the Tennessee 
Valley Authority, this chapter applies only to contracts con-
taining a clause that requires contract disputes to be resolved 
through an agency administrative process. 
(2) EXCLUSION.—Notwithstanding any other provision of this 
chapter, this chapter does not apply to a contract of the Ten-
nessee Valley Authority for the sale of fertilizer or electric 
power or related to the conduct or operation of the electric 
power system. 
(c) FOREIGN GOVERNMENT OR INTERNATIONAL ORGANIZATION CON-
TRACTS.—If an agency head determines that applying this chapter 
would not be in the public interest, this chapter does not apply 
to a contract with a foreign government, an agency of a foreign 
government, an international organization, or a subsidiary body 
of an international organization. 
(d) MARITIME CONTRACTS.—Appeals under section 7107(a) of this 
title and actions brought under sections 7104(b) and 7107(b) to 
(f) of this title, arising out of maritime contracts, are governed 
by chapter 309 or 311 of title 46, as applicable, to the extent 
that those chapters are not inconsistent with this chapter. 
§ 7103. Decision by contracting officer 
(a) CLAIMS GENERALLY.— 
(1) SUBMISSION OF CONTRACTOR’S CLAIMS TO CONTRACTING 
OFFICER.—Each claim by a contractor against the Federal 
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124 STAT. 3818 
PUBLIC LAW 111–350—JAN. 4, 2011 
Government relating to a contract shall be submitted to the 
contracting officer for a decision. 
(2) CONTRACTOR’S CLAIMS IN WRITING.—Each claim by a con-
tractor against the Federal Government relating to a contract 
shall be in writing. 
(3) CONTRACTING OFFICER TO DECIDE FEDERAL GOVERNMENT’S 
CLAIMS.—Each claim by the Federal Government against a 
contractor relating to a contract shall be the subject of a written 
decision by the contracting officer. 
(4) TIME FOR SUBMITTING CLAIMS.— 
(A) IN GENERAL.—Each claim by a contractor against 
the Federal Government relating to a contract and each 
claim by the Federal Government against a contractor 
relating to a contract shall be submitted within 6 years 
after the accrual of the claim. 
(B) EXCEPTION.—Subparagraph (A) of this paragraph 
does not apply to a claim by the Federal Government 
against a contractor that is based on a claim by the con-
tractor involving fraud. 
(5) APPLICABILITY.—The authority of this subsection and sub-
sections (c)(1), (d), and (e) does not extend to a claim or dispute 
for penalties or forfeitures prescribed by statute or regulation 
that another Federal agency is specifically authorized to admin-
ister, settle, or determine. 
(b) CERTIFICATION OF CLAIMS.— 
(1) REQUIREMENT
GENERALLY.—For claims of more than 
$100,000 made by a contractor, the contractor shall certify 
that— 
(A) the claim is made in good faith; 
(B) the supporting data are accurate and complete to 
the best of the contractor’s knowledge and belief; 
(C) the amount requested accurately reflects the contract 
adjustment for which the contractor believes the Federal 
Government is liable; and 
(D) the certifier is authorized to certify the claim on 
behalf of the contractor. 
(2) WHO
MAY
EXECUTE
CERTIFICATION.—The certification 
required by paragraph (1) may be executed by an individual 
authorized to bind the contractor with respect to the claim. 
(3) FAILURE TO CERTIFY OR DEFECTIVE CERTIFICATION.—A con-
tracting officer is not obligated to render a final decision on 
a claim of more than $100,000 that is not certified in accordance 
with paragraph (1) if, within 60 days after receipt of the claim, 
the contracting officer notifies the contractor in writing of the 
reasons why any attempted certification was found to be defec-
tive. A defect in the certification of a claim does not deprive 
a court or an agency board of jurisdiction over the claim. 
Prior to the entry of a final judgment by a court or a decision 
by an agency board, the court or agency board shall require 
a defective certification to be corrected. 
(c) FRAUDULENT CLAIMS.— 
(1) NO
AUTHORITY
TO
SETTLE.—This section does not 
authorize an agency head to settle, compromise, pay, or other-
wise adjust any claim involving fraud. 
(2) LIABILITY OF CONTRACTOR.—If a contractor is unable to 
support any part of the contractor’s claim and it is determined 
that the inability is attributable to a misrepresentation of fact 
or fraud by the contractor, then the contractor is liable to 
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124 STAT. 3819 
PUBLIC LAW 111–350—JAN. 4, 2011 
the Federal Government for an amount equal to the unsup-
ported part of the claim plus all of the Federal Government’s 
costs attributable to reviewing the unsupported part of the 
claim. Liability under this paragraph shall be determined 
within 6 years of the commission of the misrepresentation 
of fact or fraud. 
(d) ISSUANCE OF DECISION.—The contracting officer shall issue 
a decision in writing and shall mail or otherwise furnish a copy 
of the decision to the contractor. 
(e) CONTENTS
OF DECISION.—The contracting officer’s decision 
shall state the reasons for the decision reached and shall inform 
the contractor of the contractor’s rights as provided in this chapter. 
Specific findings of fact are not required. If made, specific findings 
of fact are not binding in any subsequent proceeding. 
(f) TIME FOR ISSUANCE OF DECISION.— 
(1) CLAIM OF $100,000 OR LESS.—A contracting officer shall 
issue a decision on any submitted claim of $100,000 or less 
within 60 days from the contracting officer’s receipt of a written 
request from the contractor that a decision be rendered within 
that period. 
(2) CLAIM OF MORE THAN $100,000.—A contracting officer shall, 
within 60 days of receipt of a submitted certified claim over 
$100,000— 
(A) issue a decision; or 
(B) notify the contractor of the time within which a 
decision will be issued. 
(3) GENERAL REQUIREMENT OF REASONABLENESS.—The deci-
sion of a contracting officer on submitted claims shall be issued 
within a reasonable time, in accordance with regulations pre-
scribed by the agency, taking into account such factors as 
the size and complexity of the claim and the adequacy of 
information in support of the claim provided by the contractor. 
(4) REQUESTING TRIBUNAL TO DIRECT ISSUANCE WITHIN SPECI-
FIED TIME PERIOD.—A contractor may request the tribunal con-
cerned to direct a contracting officer to issue a decision in 
a specified period of time, as determined by the tribunal con-
cerned, in the event of undue delay on the part of the con-
tracting officer. 
(5) FAILURE
TO
ISSUE
DECISION
WITHIN
REQUIRED
TIME 
PERIOD.—Failure by a contracting officer to issue a decision 
on a claim within the required time period is deemed to be 
a decision by the contracting officer denying the claim and 
authorizes an appeal or action on the claim as otherwise pro-
vided in this chapter. However, the tribunal concerned may, 
at its option, stay the proceedings of the appeal or action 
to obtain a decision by the contracting officer. 
(g) FINALITY OF DECISION UNLESS APPEALED.—The contracting 
officer’s decision on a claim is final and conclusive and is not 
subject to review by any forum, tribunal, or Federal Government 
agency, unless an appeal or action is timely commenced as author-
ized by this chapter. This chapter does not prohibit an executive 
agency from including a clause in a Federal Government contract 
requiring that, pending final decision of an appeal, action, or final 
settlement, a contractor shall proceed diligently with performance 
of the contract in accordance with the contracting officer’s decision. 
(h) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.— 
(1) IN GENERAL.—Notwithstanding any other provision of this 
chapter, a contractor and a contracting officer may use any 
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124 STAT. 3820 
PUBLIC LAW 111–350—JAN. 4, 2011 
alternative means of dispute resolution under subchapter IV 
of chapter 5 of title 5, or other mutually agreeable procedures, 
for resolving claims. All provisions of subchapter IV of chapter 
5 of title 5 apply to alternative means of dispute resolution 
under this subsection. 
(2) CERTIFICATION
OF
CLAIM.—The contractor shall certify 
the claim when required to do so under subsection (b)(1) or 
other law. 
(3) REJECTING REQUEST FOR ALTERNATIVE DISPUTE RESOLU-
TION.— 
(A) CONTRACTING
OFFICER.—A contracting officer who 
rejects a contractor’s request for alternative dispute resolu-
tion proceedings shall provide the contractor with a written 
explanation, citing one or more of the conditions in section 
572(b) of title 5 or other specific reasons that alternative 
dispute resolution procedures are inappropriate. 
(B) CONTRACTOR.—A contractor that rejects an agency’s 
request for alternative dispute resolution proceedings shall 
inform the agency in writing of the contractor’s specific 
reasons for rejecting the request. 
§ 7104. Contractor’s right of appeal from decision by con-
tracting officer 
(a) APPEAL TO AGENCY BOARD.—A contractor, within 90 days 
from the date of receipt of a contracting officer’s decision under 
section 7103 of this title, may appeal the decision to an agency 
board as provided in section 7105 of this title. 
(b) BRINGING AN ACTION DE NOVO IN FEDERAL COURT.— 
(1) IN GENERAL.—Except as provided in paragraph (2), and 
in lieu of appealing the decision of a contracting officer under 
section 7103 of this title to an agency board, a contractor 
may bring an action directly on the claim in the United States 
Court of Federal Claims, notwithstanding any contract provi-
sion, regulation, or rule of law to the contrary. 
(2) TENNESSEE VALLEY AUTHORITY.—In the case of an action 
against the Tennessee Valley Authority, the contractor may 
only bring an action directly on the claim in a district court 
of the United States pursuant to section 1337 of title 28, not-
withstanding any contract provision, regulation, or rule of law 
to the contrary. 
(3) TIME FOR FILING.—A contractor shall file any action under 
paragraph (1) or (2) within 12 months from the date of receipt 
of a contracting officer’s decision under section 7103 of this 
title. 
(4) DE NOVO.—An action under paragraph (1) or (2) shall 
proceed de novo in accordance with the rules of the appropriate 
court. 
§ 7105. Agency boards 
(a) ARMED SERVICES BOARD.— 
(1) ESTABLISHMENT.—An Armed Services Board of Contract 
Appeals may be established within the Department of Defense 
when the Secretary of Defense, after consultation with the 
Administrator, determines from a workload study that the 
volume of contract claims justifies the establishment of a full- 
time agency board of at least 3 members who shall have no 
other inconsistent duties. Workload studies will be updated 
at least once every 3 years and submitted to the Administrator. 
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124 STAT. 3821 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) APPOINTMENT OF MEMBERS AND COMPENSATION.—Mem-
bers of the Armed Services Board shall be selected and 
appointed in the same manner as administrative law judges 
appointed pursuant to section 3105 of title 5, with an additional 
requirement that members must have had at least 5 years 
of experience in public contract law. The Secretary of Defense 
shall designate the chairman and vice chairman of the Armed 
Services Board from among the appointed members. Compensa-
tion for the chairman, vice chairman, and other members shall 
be determined under section 5372a of title 5. 
(b) CIVILIAN BOARD.— 
(1) ESTABLISHMENT.—There is established in the General 
Services Administration the Civilian Board of Contract Appeals. 
(2) MEMBERSHIP.— 
(A) ELIGIBILITY.—The Civilian Board consists of members 
appointed by the Administrator of General Services (in 
consultation with the Administrator for Federal Procure-
ment Policy) from a register of applicants maintained by 
the Administrator of General Services, in accordance with 
rules issued by the Administrator of General Services (in 
consultation with the Administrator for Federal Procure-
ment Policy) for establishing and maintaining a register 
of eligible applicants and selecting Civilian Board members. 
The Administrator of General Services shall appoint a 
member without regard to political affiliation and solely 
on the basis of the professional qualifications required to 
perform the duties and responsibilities of a Civilian Board 
member. 
(B) APPOINTMENT
OF
MEMBERS
AND
COMPENSATION.— 
Members of the Civilian Board shall be selected and 
appointed to serve in the same manner as administrative 
law judges appointed pursuant to section 3105 of title 
5, with an additional requirement that members must have 
had at least 5 years experience in public contract law. 
Compensation for the members shall be determined under 
section 5372a of title 5. 
(3) REMOVAL.—Members of the Civilian Board are subject 
to removal in the same manner as administrative law judges, 
as provided in section 7521 of title 5. 
(4) FUNCTIONS.— 
(A) IN
GENERAL.—The Civilian Board has jurisdiction 
as provided by subsection (e)(1)(B). 
(B) ADDITIONAL JURISDICTION.—With the concurrence of 
the Federal agencies affected, the Civilian Board may 
assume— 
(i) jurisdiction over any additional category of laws 
or disputes over which an agency board of contract 
appeals established pursuant to section 8 of the Con-
tract Disputes Act exercised jurisdiction before January 
6, 2007; and 
(ii) any other function the agency board performed 
before January 6, 2007, on behalf of those agencies. 
(c) TENNESSEE VALLEY AUTHORITY BOARD.— 
(1) ESTABLISHMENT.—The Board of Directors of the Tennessee 
Valley Authority may establish a board of contract appeals 
of the Tennessee Valley Authority of an indeterminate number 
of members. 
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124 STAT. 3822 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) APPOINTMENT
OF
MEMBERS
AND
COMPENSATION.—The 
Board of Directors of the Tennessee Valley Authority shall 
establish criteria for the appointment of members to the agency 
board established under paragraph (1), and shall designate 
a chairman of the agency board. The chairman and other mem-
bers of the agency board shall receive compensation, at the 
daily equivalent of the rates determined under section 5372a 
of title 5, for each day they are engaged in the actual perform-
ance of their duties as members of the agency board. 
(d) POSTAL SERVICE BOARD.— 
(1) ESTABLISHMENT.—There is established an agency board 
of contract appeals known as the Postal Service Board of Con-
tract Appeals. 
(2) APPOINTMENT
AND
SERVICE
OF
MEMBERS.—The Postal 
Service Board of Contract Appeals consists of judges appointed 
by the Postmaster General. The judges shall meet the qualifica-
tions of and serve in the same manner as members of the 
Civilian Board. 
(3) APPLICATION.—This chapter applies to contract disputes 
before the Postal Service Board of Contract Appeals in the 
same manner as it applies to contract disputes before the 
Civilian Board. 
(e) JURISDICTION.— 
(1) IN GENERAL.— 
(A) ARMED SERVICES BOARD.—The Armed Services Board 
has jurisdiction to decide any appeal from a decision of 
a contracting officer of the Department of Defense, the 
Department of the Army, the Department of the Navy, 
the Department of the Air Force, or the National Aero-
nautics and Space Administration relative to a contract 
made by that department or agency. 
(B) CIVILIAN BOARD.—The Civilian Board has jurisdiction 
to decide any appeal from a decision of a contracting officer 
of any executive agency (other than the Department of 
Defense, the Department of the Army, the Department 
of the Navy, the Department of the Air Force, the National 
Aeronautics and Space Administration, the United States 
Postal Service, the Postal Regulatory Commission, or the 
Tennessee Valley Authority) relative to a contract made 
by that agency. 
(C) POSTAL SERVICE BOARD.—The Postal Service Board 
of Contract Appeals has jurisdiction to decide any appeal 
from a decision of a contracting officer of the United States 
Postal Service or the Postal Regulatory Commission rel-
ative to a contract made by either agency. 
(D) OTHER AGENCY BOARDS.—Each other agency board 
has jurisdiction to decide any appeal from a decision of 
a contracting officer relative to a contract made by its 
agency. 
(2) RELIEF.—In exercising this jurisdiction, an agency board 
may grant any relief that would be available to a litigant 
asserting a contract claim in the United States Court of Federal 
Claims. 
(f) SUBPOENA, DISCOVERY, AND DEPOSITION.—A member of an 
agency board of contract appeals may administer oaths to witnesses, 
authorize depositions and discovery proceedings, and require by 
subpoena the attendance of witnesses, and production of books 
and papers, for the taking of testimony or evidence by deposition 
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124 STAT. 3823 
PUBLIC LAW 111–350—JAN. 4, 2011 
or in the hearing of an appeal by the agency board. In case of 
contumacy or refusal to obey a subpoena by a person who resides, 
is found, or transacts business within the jurisdiction of a United 
States district court, the court, upon application of the agency 
board through the Attorney General, or upon application by the 
board of contract appeals of the Tennessee Valley Authority, shall 
have jurisdiction to issue the person an order requiring the person 
to appear before the agency board or a member of the agency 
board, to produce evidence or to give testimony, or both. Any failure 
of the person to obey the order of the court may be punished 
by the court as contempt of court. 
(g) DECISIONS.—An agency board shall— 
(1) to the fullest extent practicable provide informal, expedi-
tious, and inexpensive resolution of disputes; 
(2) issue a decision in writing or take other appropriate 
action on each appeal submitted; and 
(3) mail or otherwise furnish a copy of the decision to the 
contractor and the contracting officer. 
§ 7106. Agency board procedures for accelerated and small 
claims 
(a) ACCELERATED PROCEDURE WHERE $100,000 OR LESS IN DIS-
PUTE.—The rules of each agency board shall include a procedure 
for the accelerated disposition of any appeal from a decision of 
a contracting officer where the amount in dispute is $100,000 or 
less. The accelerated procedure is applicable at the sole election 
of the contractor. An appeal under the accelerated procedure shall 
be resolved, whenever possible, within 180 days from the date 
the contractor elects to use the procedure. 
(b) SMALL CLAIMS PROCEDURE.— 
(1) IN GENERAL.—The rules of each agency board shall include 
a procedure for the expedited disposition of any appeal from 
a decision of a contracting officer where the amount in dispute 
is $50,000 or less, or in the case of a small business concern 
(as defined in the Small Business Act (15 U.S.C. 631 et seq.) 
and regulations under that Act), $150,000 or less. The small 
claims procedure is applicable at the sole election of the con-
tractor. 
(2) SIMPLIFIED
RULES
OF
PROCEDURE.—The small claims 
procedure shall provide for simplified rules of procedure to 
facilitate the decision of any appeal. An appeal under the 
small claims procedure may be decided by a single member 
of the agency board with such concurrences as may be provided 
by rule or regulation. 
(3) TIME OF DECISION.—An appeal under the small claims 
procedure shall be resolved, whenever possible, within 120 days 
from the date the contractor elects to use the procedure. 
(4) FINALITY OF DECISION.—A decision against the Federal 
Government or against the contractor reached under the small 
claims procedure is final and conclusive and may not be set 
aside except in cases of fraud. 
(5) NO PRECEDENT.—Administrative determinations and final 
decisions under this subsection have no value as precedent 
for future cases under this chapter. 
(6) REVIEW OF REQUISITE AMOUNTS IN CONTROVERSY.—The 
Administrator, from time to time, may review the dollar 
amounts specified in paragraph (1) and adjust the amounts 
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124 STAT. 3824 
PUBLIC LAW 111–350—JAN. 4, 2011 
in accordance with economic indexes selected by the Adminis-
trator. 
§ 7107. Judicial review of agency board decisions 
(a) REVIEW.— 
(1) IN GENERAL.—The decision of an agency board is final, 
except that— 
(A) a contractor may appeal the decision to the United 
States Court of Appeals for the Federal Circuit within 
120 days from the date the contractor receives a copy 
of the decision; or 
(B) if an agency head determines that an appeal should 
be taken, the agency head, with the prior approval of 
the Attorney General, may transmit the decision to the 
United States Court of Appeals for the Federal Circuit 
for judicial review under section 1295 of title 28, within 
120 days from the date the agency receives a copy of 
the decision. 
(2) TENNESSEE VALLEY AUTHORITY.—Notwithstanding para-
graph (1), a decision of the board of contract appeals of the 
Tennessee Valley Authority is final, except that— 
(A) a contractor may appeal the decision to a United 
States district court pursuant to section 1337 of title 28, 
within 120 days from the date the contractor receives a 
copy of the decision; or 
(B) the Tennessee Valley Authority may appeal the deci-
sion to a United States district court pursuant to section 
1337 of title 28, within 120 days from the date of the 
decision. 
(3) REVIEW
OF
ARBITRATION.—An award by an arbitrator 
under this chapter shall be reviewed pursuant to sections 9 
to 13 of title 9, except that the court may set aside or limit 
any award that is found to violate limitations imposed by 
Federal statute. 
(b) FINALITY OF AGENCY BOARD DECISIONS ON QUESTIONS OF 
LAW AND FACT.—Notwithstanding any contract provision, regula-
tion, or rule of law to the contrary, in an appeal by a contractor 
or the Federal Government from the decision of an agency board 
pursuant to subsection (a)— 
(1) the decision of the agency board on a question of law 
is not final or conclusive; but 
(2) the decision of the agency board on a question of fact 
is final and conclusive and may not be set aside unless the 
decision is— 
(A) fraudulent, arbitrary, or capricious; 
(B) so grossly erroneous as to necessarily imply bad 
faith; or 
(C) not supported by substantial evidence. 
(c) REMAND.—In an appeal by a contractor or the Federal Govern-
ment from the decision of an agency board pursuant to subsection 
(a), the court may render an opinion and judgment and remand 
the case for further action by the agency board or by the executive 
agency as appropriate, with direction the court considers just and 
proper. 
(d) CONSOLIDATION.—If 2 or more actions arising from one con-
tract are filed in the United States Court of Federal Claims and 
one or more agency boards, for the convenience of parties or wit-
nesses or in the interest of justice, the United States Court of 
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124 STAT. 3825 
PUBLIC LAW 111–350—JAN. 4, 2011 
Federal Claims may order the consolidation of the actions in that 
court or transfer any actions to or among the agency boards 
involved. 
(e) JUDGMENTS AS TO FEWER THAN ALL CLAIMS OR PARTIES.— 
In an action filed pursuant to this chapter involving 2 or more 
claims, counterclaims, cross-claims, or third-party claims, and where 
a portion of one of the claims can be divided for purposes of 
decision or judgment, and in any action where multiple parties 
are involved, the court, whenever appropriate, may enter a judg-
ment as to one or more but fewer than all of the claims or portions 
of claims or parties. 
(f) ADVISORY OPINIONS.— 
(1) IN
GENERAL.—Whenever an action involving an issue 
described in paragraph (2) is pending in a district court of 
the United States, the district court may request an agency 
board to provide the court with an advisory opinion on the 
matters of contract interpretation under consideration. 
(2) APPLICABLE ISSUE.—An issue referred to in paragraph 
(1) is any issue that could be the proper subject of a final 
decision of a contracting officer appealable under this chapter. 
(3) REFERRAL TO AGENCY BOARD WITH JURISDICTION.—A dis-
trict court shall direct a request under paragraph (1) to the 
agency board having jurisdiction under this chapter to adju-
dicate appeals of contract claims under the contract being inter-
preted by the court. 
(4) TIMELY
RESPONSE.—After receiving a request for an 
advisory opinion under paragraph (1), an agency board shall 
provide the advisory opinion in a timely manner to the district 
court making the request. 
§ 7108. Payment of claims 
(a) JUDGMENTS.—Any judgment against the Federal Government 
on a claim under this chapter shall be paid promptly in accordance 
with the procedures provided by section 1304 of title 31. 
(b) MONETARY AWARDS.—Any monetary award to a contractor 
by an agency board shall be paid promptly in accordance with 
the procedures contained in subsection (a). 
(c) REIMBURSEMENT.—Payments made pursuant to subsections 
(a) and (b) shall be reimbursed to the fund provided by section 
1304 of title 31 by the agency whose appropriations were used 
for the contract out of available amounts or by obtaining additional 
appropriations for purposes of reimbursement. 
(d) TENNESSEE VALLEY AUTHORITY.— 
(1) JUDGMENTS.—Notwithstanding subsections (a) to (c), any 
judgment against the Tennessee Valley Authority on a claim 
under this chapter shall be paid promptly in accordance with 
section 9(b) of the Tennessee Valley Authority Act of 1933 
(16 U.S.C. 831h(b)). 
(2) MONETARY AWARDS.—Notwithstanding subsections (a) to 
(c), any monetary award to a contractor by the board of contract 
appeals of the Tennessee Valley Authority shall be paid in 
accordance with section 9(b) of the Tennessee Valley Authority 
Act of 1933 (16 U.S.C. 831h(b)). 
§ 7109. Interest 
(a) PERIOD.— 
(1) IN GENERAL.—Interest on an amount found due a con-
tractor on a claim shall be paid to the contractor for the 
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124 STAT. 3826 
PUBLIC LAW 111–350—JAN. 4, 2011 
period beginning with the date the contracting officer receives 
the contractor’s claim, pursuant to section 7103(a) of this title, 
until the date of payment of the claim. 
(2) DEFECTIVE
CERTIFICATION.—On a claim for which the 
certification under section 7103(b)(1) of this title is found to 
be defective, any interest due under this section shall be paid 
for the period beginning with the date the contracting officer 
initially receives the contractor’s claim until the date of pay-
ment of the claim. 
(b) RATE.—Interest shall accrue and be paid at a rate which 
the Secretary of the Treasury shall specify as applicable for each 
successive 6-month period. The rate shall be determined by the 
Secretary of the Treasury taking into consideration current private 
commercial rates of interest for new loans maturing in approxi-
mately 5 years. 
Subtitle IV—Miscellaneous 
Chapter 
Sec. 
81. Drug-Free Workplace .............................................................................
8101 
83. Buy American ...........................................................................................
8301 
85. Committee for Purchase From People Who Are Blind or Se-
verely Disabled.
8501 
87. Kickbacks ..................................................................................................
8701 
CHAPTER 81—DRUG-FREE WORKPLACE 
Sec. 
8101.
Definitions and construction. 
8102.
Drug-free workplace requirements for Federal contractors. 
8103.
Drug-free workplace requirements for Federal grant recipients. 
8104.
Employee sanctions and remedies. 
8105.
Waiver. 
8106.
Regulations. 
§ 8101. Definitions and construction 
(a) DEFINITIONS.—In this chapter: 
(1) CONTRACTOR.—The term ‘‘contractor’’ means the depart-
ment, division, or other unit of a person responsible for the 
performance under the contract. 
(2) CONTROLLED
SUBSTANCE.—The term ‘‘controlled sub-
stance’’ means a controlled substance in schedules I through 
V of section 202 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 812). 
(3) CONVICTION.—The term ‘‘conviction’’ means a finding of 
guilt (including a plea of nolo contendere), an imposition of 
sentence, or both, by a judicial body charged with the responsi-
bility to determine violations of Federal or State criminal drug 
statutes. 
(4) CRIMINAL
DRUG
STATUTE.—The term ‘‘criminal drug 
statute’’ means a criminal statute involving manufacture, dis-
tribution, dispensation, use, or possession of a controlled sub-
stance. 
(5) DRUG-FREE WORKPLACE.—The term ‘‘drug-free workplace’’ 
means a site of an entity— 
(A) for the performance of work done in connection with 
a specific contract or grant described in section 8102 or 
8103 of this title; and 
(B) at which employees of the entity are prohibited from 
engaging in the unlawful manufacture, distribution, dis-
pensation, possession, or use of a controlled substance in 
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124 STAT. 3827 
PUBLIC LAW 111–350—JAN. 4, 2011 
accordance with the requirements of the Anti-Drug Abuse 
Act of 1988 (Public Law 100–690, 102 Stat. 4181). 
(6) EMPLOYEE.—The term ‘‘employee’’ means the employee 
of a contractor or grantee directly engaged in the performance 
of work pursuant to the contract or grant described in section 
8102 or 8103 of this title. 
(7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an 
agency as defined in section 552(f) of title 5. 
(8) GRANTEE.—The term ‘‘grantee’’ means the department, 
division, or other unit of a person responsible for the perform-
ance under the grant. 
(b) CONSTRUCTION.—This chapter does not require law enforce-
ment agencies to comply with this chapter if the head of the 
agency determines it would be inappropriate in connection with 
the agency’s undercover operations. 
§ 8102. Drug-free workplace requirements for Federal con-
tractors 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than 
an individual shall not be considered a responsible source (as 
defined in section 113 of this title) for the purposes of being 
awarded a contract for the procurement of any property or 
services of a value greater than the simplified acquisition 
threshold (as defined in section 134 of this title) by a Federal 
agency, other than a contract for the procurement of commercial 
items (as defined in section 103 of this title), unless the person 
agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the 
unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance is prohibited in the 
person’s workplace and specifying the actions that will 
be taken against employees for violations of the prohibition; 
(B) establishing a drug-free awareness program to inform 
employees about— 
(i) the dangers of drug abuse in the workplace; 
(ii) the person’s policy of maintaining a drug-free 
workplace; 
(iii) available drug counseling, rehabilitation, and 
employee assistance programs; and 
(iv) the penalties that may be imposed on employees 
for drug abuse violations; 
(C) making it a requirement that each employee to be 
engaged in the performance of the contract be given a 
copy of the statement required by subparagraph (A); 
(D) notifying the employee in the statement required 
by subparagraph (A) that as a condition of employment 
on the contract the employee will— 
(i) abide by the terms of the statement; and 
(ii) notify the employer of any criminal drug statute 
conviction for a violation occurring in the workplace 
no later than 5 days after the conviction; 
(E) notifying the contracting agency within 10 days after 
receiving notice under subparagraph (D)(ii) from an 
employee or otherwise receiving actual notice of a convic-
tion; 
(F) imposing a sanction on, or requiring the satisfactory 
participation in a drug abuse assistance or rehabilitation 
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124 STAT. 3828 
PUBLIC LAW 111–350—JAN. 4, 2011 
program by, any employee who is convicted, as required 
by section 8104 of this title; and 
(G) making a good faith effort to continue to maintain 
a drug-free workplace through implementation of subpara-
graphs (A) to (F). 
(2) INDIVIDUALS.—A Federal agency shall not make a contract 
with an individual unless the individual agrees not to engage 
in the unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance in the performance of 
the contract. 
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTOR.— 
(1) GROUNDS
FOR
SUSPENSION, TERMINATION, OR
DEBAR-
MENT.—Payment under a contract awarded by a Federal agency 
may be suspended and the contract may be terminated, and 
the contractor or individual who made the contract with the 
agency may be suspended or debarred in accordance with the 
requirements of this section, if the head of the agency deter-
mines that— 
(A) the contractor is violating, or has violated, the 
requirements of subparagraph (A), (B), (C), (D), (E), or 
(F) of subsection (a)(1); or 
(B) the number of employees of the contractor who have 
been convicted of violations of criminal drug statutes for 
violations occurring in the workplace indicates that the 
contractor has failed to make a good faith effort to provide 
a drug-free workplace as required by subsection (a). 
(2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT 
PROCEEDINGS.—A contracting officer who determines in writing 
that cause for suspension of payments, termination, or suspen-
sion or debarment exists shall initiate an appropriate action, 
to be conducted by the agency concerned in accordance with 
the Federal Acquisition Regulation and applicable agency proce-
dures. The Federal Acquisition Regulation shall be revised to 
include rules for conducting suspension and debarment pro-
ceedings under this subsection, including rules providing notice, 
opportunity to respond in writing or in person, and other proce-
dures as may be necessary to provide a full and fair proceeding 
to a contractor or individual. 
(3) EFFECT
OF
DEBARMENT.—A contractor or individual 
debarred by a final decision under this subsection is ineligible 
for award of a contract by a Federal agency, and for participa-
tion in a future procurement by a Federal agency, for a period 
specified in the decision, not to exceed 5 years. 
§ 8103. Drug-free workplace requirements for Federal grant 
recipients 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than 
an individual shall not receive a grant from a Federal agency 
unless the person agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the 
unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance is prohibited in the 
grantee’s workplace and specifying the actions that will 
be taken against employees for violations of the prohibition; 
(B) establishing a drug-free awareness program to inform 
employees about— 
(i) the dangers of drug abuse in the workplace; 
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124 STAT. 3829 
PUBLIC LAW 111–350—JAN. 4, 2011 
(ii) the grantee’s policy of maintaining a drug-free 
workplace; 
(iii) available drug counseling, rehabilitation, and 
employee assistance programs; and 
(iv) the penalties that may be imposed on employees 
for drug abuse violations; 
(C) making it a requirement that each employee to be 
engaged in the performance of the grant be given a copy 
of the statement required by subparagraph (A); 
(D) notifying the employee in the statement required 
by subparagraph (A) that as a condition of employment 
in the grant the employee will— 
(i) abide by the terms of the statement; and 
(ii) notify the employer of any criminal drug statute 
conviction for a violation occurring in the workplace 
no later than 5 days after the conviction; 
(E) notifying the granting agency within 10 days after 
receiving notice under subparagraph (D)(ii) from an 
employee or otherwise receiving actual notice of a convic-
tion; 
(F) imposing a sanction on, or requiring the satisfactory 
participation in a drug abuse assistance or rehabilitation 
program by, any employee who is convicted, as required 
by section 8104 of this title; and 
(G) making a good faith effort to continue to maintain 
a drug-free workplace through implementation of subpara-
graphs (A) to (F). 
(2) INDIVIDUALS.—A Federal agency shall not make a grant 
to an individual unless the individual agrees not to engage 
in the unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance in conducting an activity 
with the grant. 
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF GRANTEE.— 
(1) GROUNDS
FOR
SUSPENSION, TERMINATION, OR
DEBAR-
MENT.—Payment under a grant awarded by a Federal agency 
may be suspended and the grant may be terminated, and 
the grantee may be suspended or debarred, in accordance with 
the requirements of this section, if the head of the agency 
or the official designee of the head of the agency determines 
in writing that— 
(A) the grantee is violating, or has violated, the require-
ments of subparagraph (A), (B), (C), (D), (E), (F), or (G) 
of subsection (a)(1); or 
(B) the number of employees of the grantee who have 
been convicted of violations of criminal drug statutes for 
violations occurring in the workplace indicates that the 
grantee has failed to make a good faith effort to provide 
a drug-free workplace as required by subsection (a)(1). 
(2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT 
PROCEEDINGS.—A suspension of payments, termination, or 
suspension or debarment proceeding subject to this subsection 
shall be conducted in accordance with applicable law, including 
Executive Order 12549 or any superseding executive order and 
any regulations prescribed to implement the law or executive 
order. 
(3) EFFECT OF DEBARMENT.—A grantee debarred by a final 
decision under this subsection is ineligible for award of a grant 
by a Federal agency, and for participation in a future grant 
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124 STAT. 3830 
PUBLIC LAW 111–350—JAN. 4, 2011 
by a Federal agency, for a period specified in the decision, 
not to exceed 5 years. 
§ 8104. Employee sanctions and remedies 
Within 30 days after receiving notice from an employee of a 
conviction pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) 
of this title, a contractor or grantee shall— 
(1) take appropriate personnel action against the employee, 
up to and including termination; or 
(2) require the employee to satisfactorily participate in a 
drug abuse assistance or rehabilitation program approved for 
those purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency. 
§ 8105. Waiver 
(a) IN GENERAL.—The head of an agency may waive a suspension 
of payments, termination of the contract or grant, or suspension 
or debarment of a contractor or grantee under this chapter with 
respect to a particular contract or grant if— 
(1) in the case of a contract, the head of the agency determines 
under section 8102(b)(1) of this title, after a final determination 
is issued under section 8102(b)(1), that suspension of payments, 
termination of the contract, suspension or debarment of the 
contractor, or refusal to permit a person to be treated as a 
responsible source for a contract would severely disrupt the 
operation of the agency to the detriment of the Federal Govern-
ment or the general public; or 
(2) in the case of a grant, the head of the agency determines 
that suspension of payments, termination of the grant, or 
suspension or debarment of the grantee would not be in the 
public interest. 
(b) WAIVER AUTHORITY MAY NOT BE DELEGATED.—The authority 
of the head of an agency under this section to waive a suspension, 
termination, or debarment shall not be delegated. 
§ 8106. Regulations 
Government-wide regulations governing actions under this 
chapter shall be issued pursuant to division B of subtitle I of 
this title. 
CHAPTER 83—BUY AMERICAN 
Sec. 
8301.
Definitions. 
8302.
American materials required for public use. 
8303.
Contracts for public works. 
8304.
Waiver rescission. 
8305.
Annual report. 
§ 8301. Definitions 
In this chapter: 
(1) PUBLIC BUILDING, PUBLIC USE, AND PUBLIC WORK.—The 
terms ‘‘public building’’, ‘‘public use’’, and ‘‘public work’’ mean 
a public building of, use by, and a public work of, the Federal 
Government, the District of Columbia, Puerto Rico, American 
Samoa, and the Virgin Islands. 
(2) UNITED STATES.—The term ‘‘United States’’ includes any 
place subject to the jurisdiction of the United States. 
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124 STAT. 3831 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 8302. American materials required for public use 
(a) IN GENERAL.— 
(1) ALLOWABLE MATERIALS.—Only unmanufactured articles, 
materials, and supplies that have been mined or produced 
in the United States, and only manufactured articles, materials, 
and supplies that have been manufactured in the United States 
substantially all from articles, materials, or supplies mined, 
produced, or manufactured in the United States, shall be 
acquired for public use unless the head of the department 
or independent establishment concerned determines their 
acquisition to be inconsistent with the public interest or their 
cost to be unreasonable. 
(2) EXCEPTIONS.—This section does not apply— 
(A) to articles, materials, or supplies for use outside 
the United States; 
(B) if articles, materials, or supplies of the class or kind 
to be used, or the articles, materials, or supplies from 
which they are manufactured, are not mined, produced, 
or manufactured in the United States in sufficient and 
reasonably available commercial quantities and are not 
of a satisfactory quality; and 
(C) to manufactured articles, materials, or supplies pro-
cured under any contract with an award value that is 
not more than the micro-purchase threshold under section 
1902 of this title. 
(b) REPORTS.— 
(1) IN
GENERAL.—Not later than 180 days after the end 
of each of fiscal years 2009 through 2011, the head of each 
Federal agency shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee on Oversight and Government Reform of the House 
of Representatives a report on the amount of the acquisitions 
made by the agency in that fiscal year of articles, materials, 
or supplies purchased from entities that manufacture the arti-
cles, materials, or supplies outside of the United States. 
(2) CONTENTS OF REPORT.—The report required by paragraph 
(1) shall separately include, for the fiscal year covered by the 
report— 
(A) the dollar value of any articles, materials, or supplies 
that were manufactured outside the United States; 
(B) an itemized list of all waivers granted with respect 
to the articles, materials, or supplies under this chapter, 
and a citation to the treaty, international agreement, or 
other law under which each waiver was granted; 
(C) if any articles, materials, or supplies were acquired 
from entities that manufacture articles, materials, or sup-
plies outside the United States, the specific exception under 
this section that was used to purchase the articles, mate-
rials, or supplies; and 
(D) a summary of— 
(i) the total procurement funds expended on articles, 
materials, and supplies manufactured inside the 
United States; and 
(ii) the total procurement funds expended on articles, 
materials, and supplies manufactured outside the 
United States. 
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124 STAT. 3832 
PUBLIC LAW 111–350—JAN. 4, 2011 
(3) PUBLIC AVAILABILITY.—The head of each Federal agency 
submitting a report under paragraph (1) shall make the report 
publicly available to the maximum extent practicable. 
(4) EXCEPTION
FOR
INTELLIGENCE
COMMUNITY.—This sub-
section shall not apply to acquisitions made by an agency, 
or component of an agency, that is an element of the intelligence 
community as specified in, or designated under, section 3 of 
the National Security Act of 1947 (50 U.S.C. 401a). 
§ 8303. Contracts for public works 
(a) IN GENERAL.—Every contract for the construction, alteration, 
or repair of any public building or public work in the United 
States shall contain a provision that in the performance of the 
work the contractor, subcontractors, material men, or suppliers 
shall use only— 
(1) unmanufactured articles, materials, and supplies that 
have been mined or produced in the United States; and 
(2) manufactured articles, materials, and supplies that have 
been manufactured in the United States substantially all from 
articles, materials, or supplies mined, produced, or manufac-
tured in the United States. 
(b) EXCEPTIONS.— 
(1) IN GENERAL.—This section does not apply— 
(A) to articles, materials, or supplies for use outside 
the United States; 
(B) if articles, materials, or supplies of the class or kind 
to be used, or the articles, materials, or supplies from 
which they are manufactured, are not mined, produced, 
or manufactured in the United States in sufficient and 
reasonably available commercial quantities and are not 
of a satisfactory quality; and 
(C) to manufactured articles, materials, or supplies pro-
cured under any contract with an award value that is 
not more than the micro-purchase threshold under section 
1902 of this title. 
(2) PARTICULAR ARTICLE, MATERIAL, OR SUPPLY.—If the head 
of the department or independent establishment making the 
contract finds that it is impracticable to comply with subsection 
(a) for a particular article, material, or supply or that it would 
unreasonably increase the cost, an exception shall be noted 
in the specifications for that article, material, or supply and 
a public record of the findings that justified the exception 
shall be made. 
(3) INCONSISTENT
WITH
PUBLIC
INTEREST.—Subsection (a) 
shall be regarded as requiring the purchase, for public use 
within the United States, of articles, materials, or supplies 
manufactured in the United States in sufficient and reasonably 
available commercial quantities and of a satisfactory quality, 
unless the head of the department or independent establish-
ment concerned determines their purchase to be inconsistent 
with the public interest or their cost to be unreasonable. 
(c) RESULTS OF FAILURE TO COMPLY.—If the head of a depart-
ment, bureau, agency, or independent establishment that has made 
a contract containing the provision required by subsection (a) finds 
that there has been a failure to comply with the provision in 
the performance of the contract, the head of the department, bureau, 
agency, or independent establishment shall make the findings 
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124 STAT. 3833 
PUBLIC LAW 111–350—JAN. 4, 2011 
public. The findings shall include the name of the contractor obli-
gated under the contract. The contractor, and any subcontractor, 
material man, or supplier associated or affiliated with the con-
tractor, shall not be awarded another contract for the construction, 
alteration, or repair of any public building or public work for 3 
years after the findings are made public. 
§ 8304. Waiver rescission 
(a) TYPE OF AGREEMENT.—An agreement referred to in subsection 
(b) is a reciprocal defense procurement memorandum of under-
standing between the United States and a foreign country pursuant 
to which the Secretary of Defense has prospectively waived this 
chapter for certain products in that country. 
(b) DETERMINATION BY SECRETARY OF DEFENSE.—If the Secretary 
of Defense, after consultation with the United States Trade Rep-
resentative, determines that a foreign country that is party to 
an agreement described in subsection (a) has violated the agreement 
by discriminating against certain types of products produced in 
the United States that are covered by the agreement, the Secretary 
of Defense shall rescind the Secretary’s blanket waiver of this 
chapter with respect to those types of products produced in that 
country. 
§ 8305. Annual report 
Not later than 60 days after the end of each fiscal year, the 
Secretary of Defense shall submit to Congress a report on the 
amount of purchases by the Department of Defense from foreign 
entities in that fiscal year. The report shall separately indicate 
the dollar value of items for which this chapter was waived pursuant 
to— 
(1) a reciprocal defense procurement memorandum of under-
standing described in section 8304(a) of this title; 
(2) the Trade Agreements Act of 1979 (19 U.S.C. 2501 et 
seq.); or 
(3) an international agreement to which the United States 
is a party. 
CHAPTER 85—COMMITTEE FOR PURCHASE FROM 
PEOPLE WHO ARE BLIND OR SEVERELY DISABLED 
Sec. 
8501.
Definitions. 
8502.
Committee for Purchase From People Who Are Blind or Severely Disabled. 
8503.
Duties and powers of the Committee. 
8504.
Procurement requirements for the Federal Government. 
8505.
Audit. 
8506.
Authorization of appropriations. 
§ 8501. Definitions 
In this chapter: 
(1) BLIND.—The term ‘‘blind’’ refers to an individual or class 
of individuals whose central visual acuity does not exceed 20/ 
200 in the better eye with correcting lenses or whose visual 
acuity, if better than 20/200, is accompanied by a limit to 
the field of vision in the better eye to such a degree that 
its widest diameter subtends an angle of no greater than 20 
degrees. 
(2) COMMITTEE.—The term ‘‘Committee’’ means the Com-
mittee for Purchase From People Who Are Blind or Severely 
Disabled established under section 8502 of this title. 
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124 STAT. 3834 
PUBLIC LAW 111–350—JAN. 4, 2011 
(3) DIRECT LABOR.—The term ‘‘direct labor’’— 
(A) includes all work required for preparation, processing, 
and packing of a product, or work directly relating to 
the performance of a service; but 
(B) does not include supervision, administration, inspec-
tion, or shipping. 
(4) ENTITY
OF
THE
FEDERAL
GOVERNMENT
AND
FEDERAL 
GOVERNMENT.—The terms ‘‘entity of the Federal Government’’ 
and ‘‘Federal Government’’ include an entity of the legislative 
or judicial branch, a military department or executive agency 
(as defined in sections 102 and 105 of title 5, respectively), 
the United States Postal Service, and a nonappropriated fund 
instrumentality under the jurisdiction of the Armed Forces. 
(5) OTHER SEVERELY DISABLED.—The term ‘‘other severely 
disabled’’ means an individual or class of individuals under 
a physical or mental disability, other than blindness, which 
(according to criteria established by the Committee after con-
sultation with appropriate entities of the Federal Government 
and taking into account the views of non-Federal Government 
entities representing the disabled) constitutes a substantial 
handicap to employment and is of a nature that prevents the 
individual from currently engaging in normal competitive 
employment. 
(6) QUALIFIED NONPROFIT AGENCY FOR OTHER SEVERELY DIS-
ABLED.—The term ‘‘qualified nonprofit agency for other severely 
disabled’’ means an agency— 
(A)(i) organized under the laws of the United States 
or a State; 
(ii) operated in the interest of severely disabled individ-
uals who are not blind; and 
(iii) of which no part of the net income of the agency 
inures to the benefit of a shareholder or other individual; 
(B) that complies with any applicable occupational health 
and safety standard prescribed by the Secretary of Labor; 
and 
(C) that in the production of products and in the provision 
of services (whether or not the products or services are 
procured under this chapter) during the fiscal year employs 
blind or other severely disabled individuals for at least 
75 percent of the hours of direct labor required for the 
production or provision of the products or services. 
(7) QUALIFIED NONPROFIT AGENCY FOR THE BLIND.—The term 
‘‘qualified nonprofit agency for the blind’’ means an agency— 
(A)(i) organized under the laws of the United States 
or a State; 
(ii) operated in the interest of blind individuals; and 
(iii) of which no part of the net income of the agency 
inures to the benefit of a shareholder or other individual; 
(B) that complies with any applicable occupational health 
and safety standard prescribed by the Secretary of Labor; 
and 
(C) that in the production of products and in the provision 
of services (whether or not the products or services are 
procured under this chapter) during the fiscal year employs 
blind individuals for at least 75 percent of the hours of 
direct labor required for the production or provision of 
the products or services. 
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124 STAT. 3835 
PUBLIC LAW 111–350—JAN. 4, 2011 
(8) SEVERELY DISABLED INDIVIDUAL.—The term ‘‘severely dis-
abled individual’’ means an individual or class of individuals 
under a physical or mental disability, other than blindness, 
which (according to criteria established by the Committee after 
consultation with appropriate entities of the Federal Govern-
ment and taking into account the views of non-Federal Govern-
ment entities representing the disabled) constitutes a substan-
tial handicap to employment and is of a nature that prevents 
the individual from currently engaging in normal competitive 
employment. 
(9) STATE.—The term ‘‘State’’ includes the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Northern Mariana Islands. 
§ 8502. Committee for Purchase From People Who Are Blind 
or Severely Disabled 
(a) ESTABLISHMENT.—There is a Committee for Purchase From 
People Who Are Blind or Severely Disabled. 
(b) COMPOSITION.—The Committee consists of 15 members 
appointed by the President as follows: 
(1) One officer or employee from each of the following, nomi-
nated by the head of the department or agency: 
(A) The Department of Agriculture. 
(B) The Department of Defense. 
(C) The Department of the Army. 
(D) The Department of the Navy. 
(E) The Department of the Air Force. 
(F) The Department of Education. 
(G) The Department of Commerce. 
(H) The Department of Veterans Affairs. 
(I) The Department of Justice. 
(J) The Department of Labor. 
(K) The General Services Administration. 
(2) One member from individuals who are not officers or 
employees of the Federal Government and who are conversant 
with the problems incident to the employment of the blind. 
(3) One member from individuals who are not officers or 
employees of the Federal Government and who are conversant 
with the problems incident to the employment of other severely 
disabled individuals. 
(4) One member from individuals who are not officers or 
employees of the Federal Government and who represent blind 
individuals employed in qualified nonprofit agencies for the 
blind. 
(5) One member from individuals who are not officers or 
employees of the Federal Government and who represent 
severely disabled individuals (other than blind individuals) 
employed in qualified nonprofit agencies for other severely dis-
abled individuals. 
(c) TERMS OF OFFICE.—Members appointed under paragraph (2), 
(3), (4), or (5) of subsection (b) shall be appointed for terms of 
5 years and may be reappointed if the member meets the qualifica-
tions prescribed by those paragraphs. 
(d) CHAIRMAN.—The members of the Committee shall elect one 
of the members to be Chairman. 
(e) VACANCY.— 
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124 STAT. 3836 
PUBLIC LAW 111–350—JAN. 4, 2011 
(1) MANNER IN WHICH FILLED.—A vacancy in the membership 
of the Committee shall be filled in the manner in which the 
original appointment was made. 
(2) UNFULFILLED TERM.—A member appointed under para-
graph (2), (3), (4), or (5) of subsection (b) to fill a vacancy 
occurring prior to the expiration of the term for which the 
predecessor was appointed shall be appointed only for the 
remainder of the term. The member may serve after the expira-
tion of a term until a successor takes office. 
(f) PAY AND TRAVEL EXPENSES.— 
(1) AMOUNT TO WHICH MEMBERS ARE ENTITLED.—Except as 
provided in paragraph (2), members of the Committee are enti-
tled to receive the daily equivalent of the maximum annual 
rate of basic pay payable for level IV of the Executive Schedule 
for each day (including travel-time) during which they perform 
services for the Committee. A member is entitled to travel 
expenses, including a per diem allowance instead of subsistence, 
as provided under section 5703 of title 5. 
(2) OFFICERS OR EMPLOYEES OF THE FEDERAL GOVERNMENT.— 
Members who are officers or employees of the Federal Govern-
ment may not receive additional pay because of their service 
on the Committee. 
(g) STAFF.— 
(1) APPOINTMENT AND COMPENSATION.—Subject to rules the 
Committee may adopt and to chapters 33 and 51 and sub-
chapter III of chapter 53 of title 5, the Chairman may appoint 
and fix the pay of personnel the Committee determines are 
necessary to assist it in carrying out this chapter. 
(2) PERSONNEL FROM OTHER ENTITIES.—On request of the 
Committee, the head of an entity of the Federal Government 
may detail, on a reimbursable basis, any personnel of the 
entity to the Committee to assist it in carrying out this chapter. 
(h) OBTAINING OFFICIAL INFORMATION.—The Committee may 
secure directly from an entity of the Federal Government informa-
tion necessary to enable it to carry out this chapter. On request 
of the Chairman, the head of the entity shall furnish the information 
to the Committee. 
(i) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of 
General Services shall provide to the Committee, on a reimbursable 
basis, administrative support services the Committee requests. 
(j) ANNUAL REPORT.—Not later than December 31 of each year, 
the Committee shall transmit to the President a report that includes 
the names of the Committee members serving in the prior fiscal 
year, the dates of Committee meetings in that year, a description 
of the activities of the Committee under this chapter in that year, 
and any recommendations for changes in this chapter which the 
Committee determines are necessary. 
§ 8503. Duties and powers of the Committee 
(a) PROCUREMENT LIST.— 
(1) MAINTENANCE OF LIST.—The Committee shall maintain 
and publish in the Federal Register a procurement list. The 
list shall include the following products and services determined 
by the Committee to be suitable for the Federal Government 
to procure pursuant to this chapter: 
(A) Products produced by a qualified nonprofit agency 
for the blind or by a qualified nonprofit agency for other 
severely disabled. 
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124 STAT. 3837 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) The services those agencies provide. 
(2) CHANGES TO LIST.—The Committee may, by rule made 
in accordance with the requirements of section 553(b) to (e) 
of title 5, add to and remove from the procurement list products 
so produced and services so provided. 
(b) FAIR MARKET PRICE.—The Committee shall determine the 
fair market price of products and services contained on the procure-
ment list that are offered for sale to the Federal Government 
by a qualified nonprofit agency for the blind or a qualified nonprofit 
agency for other severely disabled. The Committee from time to 
time shall revise its price determinations with respect to those 
products and services in accordance with changing market condi-
tions. 
(c) CENTRAL NONPROFIT AGENCY OR AGENCIES.—The Committee 
shall designate a central nonprofit agency or agencies to facilitate 
the distribution, by direct allocation, subcontract, or any other 
means, of orders of the Federal Government for products and serv-
ices on the procurement list among qualified nonprofit agencies 
for the blind or qualified nonprofit agencies for other severely 
disabled. 
(d) REGULATIONS.—The Committee— 
(1) may prescribe regulations regarding specifications for 
products and services on the procurement list, the time of 
their delivery, and other matters as necessary to carry out 
this chapter; and 
(2) shall prescribe regulations providing that when the Fed-
eral Government purchases products produced and offered for 
sale by qualified nonprofit agencies for the blind or qualified 
nonprofit agencies for other severely disabled, priority shall 
be given to products produced and offered for sale by qualified 
nonprofit agencies for the blind. 
(e) STUDY AND EVALUATION OF ACTIVITIES.—The Committee shall 
make a continuing study and evaluation of its activities under 
this chapter to ensure effective and efficient administration of this 
chapter. The Committee on its own or in cooperation with other 
public or nonprofit private agencies may study— 
(1) problems related to the employment of the blind and 
other severely disabled individuals; and 
(2) the development and adaptation of production methods 
that would enable a greater utilization of the blind and other 
severely disabled individuals. 
§ 8504. Procurement requirements for the Federal Govern-
ment 
(a) IN GENERAL.—An entity of the Federal Government intending 
to procure a product or service on the procurement list referred 
to in section 8503 of this title shall procure the product or service 
from a qualified nonprofit agency for the blind or a qualified non-
profit agency for other severely disabled in accordance with regula-
tions of the Committee and at the price the Committee establishes 
if the product or service is available within the period required 
by the entity. 
(b) EXCEPTION.—This section does not apply to the procurement 
of a product that is available from an industry established under 
chapter 307 of title 18 and that is required under section 4124 
of title 18 to be procured from that industry. 
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124 STAT. 3838 
PUBLIC LAW 111–350—JAN. 4, 2011 
§ 8505. Audit 
For the purpose of audit and examination, the Comptroller Gen-
eral shall have access to the books, documents, papers, and other 
records of— 
(1) the Committee and of each central nonprofit agency the 
Committee designates under section 8503(c) of this title; and 
(2) qualified nonprofit agencies for the blind and qualified 
nonprofit agencies for other severely disabled that have sold 
products or services under this chapter to the extent those 
books, documents, papers, and other records relate to the activi-
ties of the agency in a fiscal year in which a sale was made 
under this chapter. 
§ 8506. Authorization of appropriations 
Necessary amounts may be appropriated to the Committee to 
carry out this chapter. 
CHAPTER 87—KICKBACKS 
Sec. 
8701.
Definitions. 
8702.
Prohibited conduct. 
8703.
Contractor responsibilities. 
8704.
Inspection authority. 
8705.
Administrative offsets. 
8706.
Civil actions. 
8707.
Criminal penalties. 
§ 8701. Definitions 
In this chapter: 
(1) CONTRACTING AGENCY.—The term ‘‘contracting agency’’, 
when used with respect to a prime contractor, means a depart-
ment, agency, or establishment of the Federal Government 
that enters into a prime contract with a prime contractor. 
(2) KICKBACK.—The term ‘‘kickback’’ means any money, fee, 
commission, credit, gift, gratuity, thing of value, or compensa-
tion of any kind that is provided to a prime contractor, prime 
contractor employee, subcontractor, or subcontractor employee 
to improperly obtain or reward favorable treatment in connec-
tion with a prime contract or a subcontract relating to a prime 
contract. 
(3) PERSON.—The term ‘‘person’’ means a corporation, part-
nership, business association of any kind, trust, joint-stock 
company, or individual. 
(4) PRIME CONTRACT.—The term ‘‘prime contract’’ means a 
contract or contractual action entered into by the Federal 
Government to obtain supplies, materials, equipment, or serv-
ices of any kind. 
(5) PRIME CONTRACTOR.—The term ‘‘prime contractor’’ means 
a person that has entered into a prime contract with the 
Federal Government. 
(6) PRIME
CONTRACTOR
EMPLOYEE.—The term ‘‘prime con-
tractor employee’’ means an officer, partner, employee, or agent 
of a prime contractor. 
(7) SUBCONTRACT.—The term ‘‘subcontract’’ means a contract 
or contractual action entered into by a prime contractor or 
subcontractor to obtain supplies, materials, equipment, or serv-
ices of any kind under a prime contract. 
(8) SUBCONTRACTOR.—The term ‘‘subcontractor’’— 
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124 STAT. 3839 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) means a person, other than the prime contractor, 
that offers to furnish or furnishes supplies, materials, 
equipment, or services of any kind under a prime contract 
or a subcontract entered into in connection with the prime 
contract; and 
(B) includes a person that offers to furnish or furnishes 
general supplies to the prime contractor or a higher tier 
subcontractor. 
(9) SUBCONTRACTOR
EMPLOYEE.—The term ‘‘subcontractor 
employee’’ means an officer, partner, employee, or agent of 
a subcontractor. 
§ 8702. Prohibited conduct 
A person may not— 
(1) provide, attempt to provide, or offer to provide a kickback; 
(2) solicit, accept, or attempt to accept a kickback; or 
(3) include the amount of a kickback prohibited by paragraph 
(1) or (2) in the contract price— 
(A) a subcontractor charges a prime contractor or a 
higher tier subcontractor; or 
(B) a prime contractor charges the Federal Government. 
§ 8703. Contractor responsibilities 
(a) REQUIREMENTS INCLUDED IN CONTRACTS.—Each contracting 
agency shall include in each prime contract awarded by the agency 
a requirement that the prime contractor shall— 
(1) have in place and follow reasonable procedures designed 
to prevent and detect violations of section 8702 of this title 
in its own operations and direct business relationships; and 
(2) cooperate fully with a Federal Government agency inves-
tigating a violation of section 8702 of this title. 
(b) FULL COOPERATION REQUIRED.—Notwithstanding subsection 
(d), a prime contractor shall cooperate fully with a Federal Govern-
ment agency investigating a violation of section 8702 of this title. 
(c) REPORTING REQUIREMENT.— 
(1) IN GENERAL.—A prime contractor or subcontractor that 
has reasonable grounds to believe that a violation of section 
8702 of this title may have occurred shall promptly report 
the possible violation in writing to the inspector general of 
the contracting agency, the head of the contracting agency 
if the agency does not have an inspector general, or the Attorney 
General. 
(2) SUPPLYING INFORMATION AS FAVORABLE EVIDENCE.—In an 
administrative or contractual action to suspend or debar a 
person who is eligible to enter into contracts with the Federal 
Government, evidence that the person has supplied information 
to the Federal Government pursuant to paragraph (1) is favor-
able evidence of the person’s responsibility for the purposes 
of Federal procurement laws and regulations. 
(d) INAPPLICABILITY TO CERTAIN PRIME CONTRACTS.—Subsection 
(a) does not apply to a prime contract— 
(1) that is not greater than $100,000; or 
(2) for the acquisition of commercial items (as defined in 
section 103 of this title). 
§ 8704. Inspection authority 
(a) IN GENERAL.—To ascertain whether there has been a violation 
of section 8702 of this title with respect to a prime contract, the 
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124 STAT. 3840 
PUBLIC LAW 111–350—JAN. 4, 2011 
Comptroller General and the inspector general of the contracting 
agency, or a representative of the contracting agency designated 
by the head of the agency if the agency does not have an inspector 
general, shall have access to and may inspect the facilities and 
audit the books and records, including electronic data or records, 
of a prime contractor or subcontractor under a prime contract 
awarded by the agency. 
(b) EXCEPTION.—This section does not apply to a prime contract 
for the acquisition of commercial items (as defined in section 103 
of this title). 
§ 8705. Administrative offsets 
(a) DEFINITION.—In this section, the term ‘‘contracting officer’’ 
has the meaning given that term in chapter 71 of this title. 
(b) OFFSET AUTHORITY.—A contracting officer of a contracting 
agency may offset the amount of a kickback provided, accepted, 
or charged in violation of section 8702 of this title against amounts 
the Federal Government owes the prime contractor under the prime 
contract to which the kickback relates. 
(c) DUTIES OF PRIME CONTRACTOR.— 
(1) WITHHOLDING AND PAYING OVER OR RETAINING AMOUNTS.— 
On direction of a contracting officer of a contracting agency 
with respect to a prime contract, the prime contractor shall 
withhold from amounts owed to a subcontractor under a sub-
contract of the prime contract the amount of a kickback which 
was or may be offset against the prime contractor under sub-
section (b). The contracting officer may order that amounts 
withheld— 
(A) be paid over to the contracting agency; or 
(B) be retained by the prime contractor if the Federal 
Government has already offset the amount against the 
prime contractor. 
(2) NOTICE.—The prime contractor shall notify the contracting 
officer when an amount is withheld and retained under para-
graph (1)(B). 
(d) OFFSET, DIRECTION, OR ORDER IS CLAIM OF FEDERAL GOVERN-
MENT.—An offset under subsection (b) or a direction or order of 
a contracting officer under subsection (c) is a claim by the Federal 
Government for the purposes of chapter 71 of this title. 
§ 8706. Civil actions 
(a) AMOUNT.—The Federal Government in a civil action may 
recover from a person— 
(1) that knowingly engages in conduct prohibited by section 
8702 of this title a civil penalty equal to— 
(A) twice the amount of each kickback involved in the 
violation; and 
(B) not more than $10,000 for each occurrence of prohib-
ited conduct; and 
(2) whose employee, subcontractor, or subcontractor employee 
violates section 8702 of this title by providing, accepting, or 
charging a kickback a civil penalty equal to the amount of 
that kickback. 
(b) STATUTE OF LIMITATIONS.—A civil action under this section 
must be brought within 6 years after the later of the date on 
which— 
(1) the prohibited conduct establishing the cause of action 
occurred; or 
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124 STAT. 3841 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) the Federal Government first knew or should reasonably 
have known that the prohibited conduct had occurred. 
§ 8707. Criminal penalties 
A person that knowingly and willfully engages in conduct prohib-
ited by section 8702 of this title shall be fined under title 18, 
imprisoned for not more than 10 years, or both. 
SEC. 4. CONFORMING AMENDMENT. 
Section 2410i(b)(1) of title 10, United States Code, is amended 
by striking ‘‘small purchase threshold’’ and substituting ‘‘simplified 
acquisition threshold’’. 
SEC. 5. CONFORMING CROSS-REFERENCES. 
(a) TITLE 5.—Title 5, United States Code, is amended as follows: 
(1) In section 504(b)(1)(C)(ii)— 
(A) strike ‘‘section 6 of the Contract Disputes Act of 
1978 (41 U.S.C. 605)’’ and substitute ‘‘section 7103 of title 
41’’; and 
(B) strike ‘‘section 8 of that Act (41 U.S.C. 607)’’ and 
substitute ‘‘section 7105 of title 41’’. 
(2) In section 551(1)(H), strike ‘‘chapter 2 of title 41;’’. 
(3) In section 701(b)(1)(H), strike ‘‘chapter 2 of title 41;’’. 
(4) In section 3109(b)(3), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’. 
(5) In section 3374(c)(2), strike ‘‘section 27 of the Office of 
Federal Procurement Policy Act’’ and substitute ‘‘chapter 21 
of title 41’’. 
(6) In section 3704(b)(2)(G), strike ‘‘section 27 of the Office 
of Federal Procurement Policy Act’’ and substitute ‘‘chapter 
21 of title 41’’. 
(7) In section 4105, strike ‘‘section 5’’ and substitute ‘‘section 
6101(b) to (d)’’. 
(8) In section 5102(c)(30), strike ‘‘section 8 of the Contract 
Disputes Act of 1978’’ and substitute ‘‘section 7105(a)(2), (c)(2), 
or (d)(2) of title 41’’. 
(9) In section 5372a— 
(A) in subsection (a)(1)— 
(i) strike ‘‘section 8 of the Contract Disputes Act 
of 1978’’ and substitute ‘‘section 7105(a)(2), (c)(2), or 
(d)(2) of title 41’’; and 
(ii) strike ‘‘section 42 of the Office of Federal Procure-
ment Policy Act’’ and substitute ‘‘section 7105(b)(2) 
of title 41’’; and 
(B) in subsection (a)(2), strike ‘‘section 8 of the Contract 
Disputes Act of 1978’’ and substitute ‘‘section 7105(a)(1), 
(c)(1), or (d)(1) of title 41’’. 
(10) In section 7342(e)(1), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(11) In section 8709(a), strike ‘‘section 5’’ and substitute ‘‘sec-
tion 6101(b) to (d)’’. 
(12) In section 8714a(a), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’. 
(13) In section 8714b(a), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’. 
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124 STAT. 3842 
PUBLIC LAW 111–350—JAN. 4, 2011 
(14) In section 8714c(a), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’. 
(15) In section 8902(a), strike ‘‘section 5’’ and substitute ‘‘sec-
tion 6101(b) to (d)’’. 
(16) In section 8953(a)(1), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’. 
(17) In section 8983(a)(1), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’. 
(18) In section 9003— 
(A) in subsection (a), strike ‘‘section 5’’ and substitute 
‘‘section 6101(b) to (d)’’; 
(B) in subsection (c)(3), before subparagraph (A), strike 
‘‘the Contract Disputes Act of 1978’’ and substitute ‘‘chapter 
71 of title 41’’; 
(C) in subsection (c)(3)(A), strike ‘‘(after appropriate 
arrangements, as described in section 8(c) of such Act)’’; 
and 
(D) in subsection (c)(3)(B), strike ‘‘section 10(a)(1) of such 
Act’’ and substitute ‘‘section 7104(b)(1) of title 41’’. 
(19) In section 9009, strike ‘‘section 26(f) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 422(f))’’ and sub-
stitute ‘‘section 1502(a) and (b) of title 41’’. 
(b) TITLE 10.—Title 10, United States Code, is amended as follows: 
(1) In section 133(c)(1), strike ‘‘section 16(c) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 414(c))’’ and sub-
stitute ‘‘section 1702(c) of title 41’’. 
(2) In section 2013(a), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b)–(d) of 
title 41’’. 
(3) In section 2194(b)(2), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(4) In section 2201— 
(A) in subsection (b), strike ‘‘section 3732(a) of the 
Revised Statutes (41 U.S.C. 11(a))’’ and substitute ‘‘section 
6301(a) and (b)(1)–(3) of title 41’’; and 
(B) in subsection (c), strike ‘‘section 3732(a) of the Revised 
Statutes (41 U.S.C. 11(a))’’ and substitute ‘‘section 6301(a) 
and (b)(1)–(3) of title 41’’. 
(5) In section 2207(b), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11))’’ and 
substitute ‘‘section 134 of title 41’’. 
(6) In section 2225(f)— 
(A) in paragraph (1), strike ‘‘section 16(c) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 414(c))’’ and 
substitute ‘‘section 1702(c) of title 41’’; and 
(B) in paragraph (2), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11))’’ 
and substitute ‘‘section 134 of title 41’’. 
(7) In section 2226(b), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12))’’ and 
substitute ‘‘section 103 of title 41’’. 
(8) In section 2302— 
(A) in paragraph (3), strike ‘‘section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403)’’ and sub-
stitute ‘‘chapter 1 of title 41’’; 
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124 STAT. 3843 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) in paragraph (6), strike ‘‘section 25(c)(1) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))’’ 
and substitute ‘‘section 1303(a)(1) of title 41’’; and 
(C) in paragraph (7), strike ‘‘section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403)’’ and sub-
stitute ‘‘section 134 of title 41’’. 
(9) In section 2302a— 
(A) in subsection (a), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act’’ and substitute ‘‘section 
134 of title 41’’; and 
(B) in subsection (b), strike ‘‘section 33 of the Office 
of Federal Procurement Policy Act’’ and substitute ‘‘section 
1905 of title 41’’. 
(10) In section 2302b, strike ‘‘section 31 of the Office of 
Federal Procurement Policy Act’’ and substitute ‘‘section 1901 
of title 41’’. 
(11) In section 2302c— 
(A) in subsection (a)(1), strike ‘‘section 30 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 426)’’ and 
substitute ‘‘section 2301 of title 41’’; and 
(B) in subsection (b), strike ‘‘section 16(c) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 414(c))’’ and 
substitute ‘‘section 1702(c) of title 41’’. 
(12) In section 2304— 
(A) in subsection (f)(1)(B)(iii), strike ‘‘section 16(c) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 414(c))’’ 
and substitute ‘‘section 1702(c) of title 41’’; 
(B) in subsection (f)(1)(C), strike ‘‘section 18 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 416)’’ and 
substitute ‘‘section 1708 of title 41’’; 
(C) in subsection (f)(2)(D), strike ‘‘the Javits-Wagner- 
O’Day Act (41 U.S.C. 46 et seq.)’’ and substitute ‘‘chapter 
85 of title 41’’; 
(D) in subsection (g)(4), strike ‘‘section 31(f) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 427)’’ and 
substitute ‘‘section 1901(e) of title 41’’; and 
(E) in subsection (h)(1), strike ‘‘The Walsh-Healey Act 
(41 U.S.C. 35 et seq.)’’ and substitute ‘‘Chapter 65 of title 
41’’. 
(13) In section 2304b— 
(A) in subsection (c), strike ‘‘section 18 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 416)’’ and 
substitute ‘‘section 1708 of title 41’’; and 
(B) in subsection (f)(3), strike ‘‘section 18 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 416)’’ and 
substitute ‘‘section 1708 of title 41’’. 
(14) In section 2304c(a)(1), strike ‘‘section 18 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 416)’’ and sub-
stitute ‘‘section 1708 of title 41’’. 
(15) In section 2306a(h)(3), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12))’’ and 
substitute ‘‘section 103 of title 41’’. 
(16) In section 2314, strike ‘‘Sections 3709 and 3735 of the 
Revised Statutes (41 U.S.C. 5 and 13)’’ and substitute ‘‘Sections 
6101(b)–(d) and 6304 of title 41’’. 
(17) In section 2318— 
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124 STAT. 3844 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) in subsection (a)(1), strike ‘‘section 20(a) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 418(a))’’ and 
substitute ‘‘section 1705(a) of title 41’’; and 
(B) in subsection (a)(2), strike ‘‘sections 20(b) and 20(c) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 
418(b), (c))’’ and substitute ‘‘section 1705(b) and (c) of title 
41’’. 
(18) In section 2321(h), strike ‘‘the Contract Disputes Act 
of 1978 (41 U.S.C. 601 et seq.)’’ and substitute ‘‘chapter 71 
of title 41’’. 
(19) In section 2324— 
(A) in subsection (d)(1), strike ‘‘section 6 of the Contract 
Disputes Act of 1978 (41 U.S.C. 605)’’ and substitute ‘‘sec-
tion 7103 of title 41’’; 
(B) in subsection (d)(2), strike ‘‘section 7 of such Act 
(41 U.S.C. 606)’’ and substitute ‘‘section 7104(a) of title 
41’’; 
(C) in subsection (e)(1)(P), strike ‘‘section 39 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 435)’’ and 
substitute ‘‘section 1127 of title 41’’; and 
(D) in subsection (e)(2)(C), strike ‘‘(41 U.S.C. 10b–1)’’ 
and substitute ‘‘(as added by section 7002(2) of the Omnibus 
Trade and Competitiveness Act of 1988)’’. 
(20) In section 2343, strike ‘‘section 3741 of the Revised 
Statutes (41 U.S.C. 22)’’ and substitute ‘‘section 6306 of title 
41’’. 
(21) In section 2375(b), strike ‘‘section 34 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 430)’’ and substitute 
‘‘section 1906 of title 41’’. 
(22) In section 2376(1), strike ‘‘section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403)’’ and substitute 
‘‘chapter 1 of title 41’’. 
(23) In section 2384— 
(A) in subsection (b)(2), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12)))’’ 
and substitute ‘‘section 103 of title 41)’’; and 
(B) in subsection (b)(3), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11)))’’ 
and substitute ‘‘section 134 of title 41)’’. 
(24) In section 2393(d)— 
(A) strike ‘‘section 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(11)))’’ and substitute ‘‘sec-
tion 134 of title 41)’’; and 
(B) strike ‘‘section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)))’’ and substitute ‘‘sec-
tion 103 of title 41)’’. 
(25) In section 2402— 
(A) in subsection (c), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11)))’’ 
and substitute ‘‘section 134 of title 41)’’; and 
(B) in subsection (d)(2), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12))’’ 
and substitute ‘‘section 103 of title 41’’. 
(26) In section 2408— 
(A) in subsection (a)(4)(A), strike ‘‘section 4(11) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
403(11)))’’ and substitute ‘‘section 134 of title 41)’’; and 
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124 STAT. 3845 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) in subsection (a)(4)(B), strike ‘‘section 4(12) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)))’’ and substitute ‘‘section 103 of title 41)’’. 
(27) In section 2410(c), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act’’ and substitute ‘‘section 
134 of title 41’’. 
(28) In section 2410b(c), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12)))’’ and 
substitute ‘‘section 103 of title 41)’’. 
(29) In section 2410d— 
(A) in subsection (b)(2)(A), strike ‘‘section 5(3) of the 
Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))’’ and substitute 
‘‘section 8501(7) of title 41’’; 
(B) in subsection (b)(2)(B), strike ‘‘handicapped, as 
defined in section 5(4) of such Act (41 U.S.C. 48b(4))’’ 
and substitute ‘‘disabled, as defined in section 8501(6) of 
title 41’’; and 
(C) in subsection (b)(2)(C), strike ‘‘section 2(c) of such 
Act (41 U.S.C. 47(c))’’ and substitute ‘‘section 8503(c) of 
title 41’’. 
(30) In section 2410g(d)(1), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12)))’’ and 
substitute ‘‘section 103 of title 41)’’. 
(31) In section 2410i(b)(1), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11)))’’ and 
substitute ‘‘section 134 of title 41)’’. 
(32) In section 2410m— 
(A) in subsection (a), before paragraph (1), strike ‘‘the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)’’ 
and substitute ‘‘chapter 71 of title 41’’; 
(B) in subsection (a)(2), strike ‘‘section 7 of such Act 
(41 U.S.C. 606)’’ and substitute ‘‘section 7104(a) of title 
41’’; and 
(C) in subsection (b)(1)(A), strike ‘‘section 10(a) of the 
Contract Disputes Act of 1978 (41 U.S.C. 609(a))’’ and 
substitute ‘‘section 7104(b) of title 41’’. 
(33) In section 2457(e), strike ‘‘section 2 of the Buy American 
Act (41 U.S.C. 10a)’’ and substitute ‘‘section 8302 of title 41’’. 
(34) In section 2461(c)(1), strike ‘‘section 2 of the Javits- 
Wagner-O’Day Act (41 U.S.C. 47)’’ and substitute ‘‘section 8503 
of title 41’’. 
(35) In section 2485(b)(1), strike ‘‘section 4(6) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(6))’’ and 
substitute ‘‘section 107 of title 41’’. 
(36) In the chapter analysis for subchapter V of chapter 
148, in the item for section 2533, strike ‘‘the Buy American 
Act’’ and substitute ‘‘chapter 83 of title 41’’. 
(37) In section 2533— 
(A) in the section catchline, strike ‘‘the Buy American 
Act’’ and substitute ‘‘chapter 83 of title 41’’; and 
(B) in subsection (a), strike ‘‘section 2 of the Buy Amer-
ican Act (41 U.S.C. 10a)’’ and substitute ‘‘section 8302 
of title 41’’. 
(38) In section 2533a(i), strike ‘‘section 34 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 430)’’ and substitute 
‘‘section 1906 of title 41’’. 
(39) In section 2533b— 
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124 STAT. 3846 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) in subsection (h), strike ‘‘section 34 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 430)’’ and 
substitute ‘‘section 1906 of title 41’’; and 
(B) in subsection (j), strike ‘‘section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403)’’ and sub-
stitute ‘‘section 105 of title 41’’. 
(40) In section 2534(g)(2), strike ‘‘section 33 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 429)’’ and sub-
stitute ‘‘section 1905 of title 41’’. 
(41) In section 2562(a)(1), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(42) In section 2576(a), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(43) In section 2636(b)(3), strike ‘‘section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11))’’ and 
substitute ‘‘section 134 of title 41’’. 
(44) In section 2667(f)(1), strike ‘‘Notwithstanding subsection 
(a)(3) or subtitle I of title 40 and title III of the Federal 
Property and Administrative Services Act of 1949 (to the extent 
subtitle I and title III are inconsistent with this subsection)’’ 
and substitute ‘‘Notwithstanding subtitle I of title 40 and divi-
sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 
4711) of subtitle I of title 41 (to the extent those provisions 
are inconsistent with this subsection) or subsection (a)(2) of 
this section’’. 
(45) In section 2664(a), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949, as amended (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(46) In section 2691(b), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(47) In section 2696(a), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(48) In section 2836(g), strike ‘‘the Contract Disputes Act 
of 1978 (41 U.S.C. 601 et seq.)’’ and substitute ‘‘chapter 71 
of title 41’’. 
(49) In section 2854a(d)(1), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(50) In section 2878(d)(2), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(51) In the chapter analysis for chapter 633, in the item 
for section 7299, strike ‘‘Walsh-Healey Act’’ and substitute 
‘‘chapter 65 of title 41’’. 
(52) In section 7299— 
(A) in the heading, strike ‘‘Walsh-Healey Act’’ and sub-
stitute ‘‘chapter 65 of title 41’’; and 
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124 STAT. 3847 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) strike ‘‘the Walsh-Healey Act (41 U.S.C. 35 et seq.)’’ 
and substitute ‘‘chapter 65 of title 41’’. 
(53) In section 7305(d)— 
(A) strike ‘‘title III of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ and 
substitute ‘‘division C (except sections 3302, 3501(b), 3509, 
3906, 4710, and 4711) of subtitle I of title 41’’; and 
(B) strike ‘‘under subtitle I of title 40 and such title 
III’’ and substitute ‘‘under those provisions’’. 
(54) In section 9444(b)(1), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(55) In section 9781(g), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(c) TITLE 14.—Title 14, United States Code, is amended as follows: 
(1) In section 92(d), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(2) In section 93(h), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(3) In section 641(a), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(4) In section 685(c)(1), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(d) TITLE 18.—Title 18, United States Code, is amended as follows: 
(1) In section 3672, strike ‘‘section 3709 of the Revised Stat-
utes of the United States’’ and substitute ‘‘section 6101(b) to 
(d) of title 41’’. 
(2) In section 4124(c), strike ‘‘section 6(d)(4) of the Office 
of Federal Procurement Policy Act’’ and substitute ‘‘section 
1122(a)(4) of title 41’’. 
(e) TITLE 23.—Title 23, United States Code, is amended as follows: 
(1) In section 140— 
(A) in subsection (b), strike ‘‘section 3709 of the Revised 
Statutes, as amended (41 U.S.C. 5),’’ and substitute ‘‘section 
6101(b) to (d) of title 41’’; and 
(B) in subsection (c)— 
(i) strike ‘‘section 3709 of the Revised Statutes, as 
amended (41 U.S.C. 5),’’ and substitute ‘‘section 6101(b) 
to (d) of title 41’’; and 
(ii) strike ‘‘section 302(e) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 
252(e))’’ and substitute ‘‘section 3106 of title 41’’. 
(2) In section 502(c)(5), strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) 
of title 41’’. 
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124 STAT. 3848 
PUBLIC LAW 111–350—JAN. 4, 2011 
(f) THE INTERNAL REVENUE CODE OF 1986.—Section 7608(c)(1) 
of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)) is 
amended— 
(1) in subparagraph (A)(i)(II), by striking ‘‘sections 11(a) and 
22’’ and substituting ‘‘sections 6301(a) and (b)(1)–(3) and 6306’’; 
(2) in subparagraph (A)(i)(III), by striking ‘‘section 255’’ and 
substituting ‘‘chapter 45’’; and 
(3) in subparagraph (A)(i)(V), by striking ‘‘section 254(a) and 
(c)’’ and substituting ‘‘section 3901’’. 
(g) TITLE 28.—Title 28, United States Code, is amended as follows: 
(1) In the last sentence of section 524(c)(1), strike ‘‘section 
3709 of the Revised Statutes of the United States (41 U.S.C. 
5), title III of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 251 and following)’’ and substitute ‘‘divi-
sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 
4711) of subtitle I of title 41, section 6101(b) to (d) of title 
41’’. 
(2) In section 604(a)(10)(C), strike ‘‘section 3709 of the Revised 
Statutes of the United States (41 U.S.C. 5)’’ and substitute 
‘‘section 6101(b) to (d) of title 41’’. 
(3) In section 624(3), strike ‘‘section 3709 of the Revised 
Statutes, as amended (41 U.S.C. 5)’’ and substitute ‘‘section 
6101(b) to (d) of title 41’’. 
(4) In section 753(g), strike ‘‘section 3709 of the Revised 
Statutes of the United States, as amended (41 U.S.C. 5)’’ and 
substitute ‘‘section 6101(b) to (d) of title 41’’. 
(5) In section 1295— 
(A) in subsection (a)(10), strike ‘‘section 8(g)(1) of the 
Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1))’’ and 
substitute ‘‘section 7107(a)(1) of title 41’’; 
(B) in subsection (b), strike ‘‘section 10(b) of the Contract 
Disputes Act of 1978 (41 U.S.C. 609(b))’’ and substitute 
‘‘section 7107(b) of title 41’’; and 
(C) in subsection (c), strike ‘‘section 10(b) of the Contract 
Disputes Act of 1978’’ and substitute ‘‘section 7107(b) of 
title 41’’. 
(6) In section 1346(a)(2), strike ‘‘sections 8(g)(1) and 10(a)(1) 
of the Contract Disputes Act of 1978’’ and substitute ‘‘sections 
7104(b)(1) and 7107(a)(1) of title 41’’. 
(7) In section 1491(a)(2), strike ‘‘section 10(a)(1) of the Con-
tract Disputes Act of 1978’’ and substitute ‘‘section 7104(b)(1) 
of title 41’’. 
(8) In section 2401(a), strike ‘‘the Contract Disputes Act of 
1978’’ and substitute ‘‘chapter 71 of title 41’’. 
(9) In section 2412— 
(A) in subsection (d)(2)(E), strike ‘‘the Contract Disputes 
Act of 1978’’ and substitute ‘‘chapter 71 of title 41’’; and 
(B) in subsection (d)(3), strike ‘‘the Contract Disputes 
Act of 1978’’ and substitute ‘‘chapter 71 of title 41’’. 
(10) In section 2414, strike ‘‘the Contract Disputes Act of 
1978’’ and substitute ‘‘chapter 71 of title 41’’. 
(11) In section 2517(a), strike ‘‘the Contract Disputes Act 
of 1978’’ and substitute ‘‘chapter 71 of title 41’’. 
(h) TITLE 31.—Title 31, United States Code, is amended as fol-
lows: 
(1) In section 506, strike ‘‘section 5(a) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 404(a))’’ and substitute ‘‘sec-
tion 1101(a) of title 41’’. 
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124 STAT. 3849 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) In section 731(i)(7), strike ‘‘section 27 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 423)’’ and substitute 
‘‘chapter 21 of title 41’’. 
(3) In section 781(c)(1), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(4) Section 1344(h)(2)(A) is amended to read as follows: 
‘‘(A) a department— 
‘‘(i) including independent establishments, other 
agencies, and wholly owned Government corporations; 
but 
‘‘(ii) not including the Senate, House of Representa-
tives, or Architect of the Capitol, or the officers or 
employees thereof;’’. 
(5) In section 3567, strike ‘‘section 4(1) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(1))’’ and substitute ‘‘sec-
tion 133 of title 41’’. 
(6) In section 3718(b)(1)(A), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 and following)’’ and substitute ‘‘division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of 
title 41’’. 
(7) In section 3902(a), strike ‘‘section 12 of the Contract 
Disputes Act of 1978 (41 U.S.C. 611)’’ and substitute ‘‘section 
7109(a)(1) and (b) of title 41’’. 
(8) In section 3907— 
(A) in subsection (a), strike ‘‘section 6 of the Contract 
Disputes Act of 1978 (41 U.S.C. 605)’’ and substitute ‘‘sec-
tion 7103 of title 41’’; 
(B) in subsection (b)(1)(A), strike ‘‘the Contract Disputes 
Act of 1978 (41 U.S.C. 601 et seq.)’’ and substitute ‘‘chapter 
71 of title 41’’; 
(C) in subsection (b)(2)— 
(i) strike ‘‘section 12 of the Contract Disputes Act 
of 1978 (41 U.S.C. 611)’’ and substitute ‘‘section 
7109(a)(1) and (b) of title 41’’; and 
(ii) in the second sentence, strike ‘‘section 12’’ and 
substitute ‘‘section 7109(a)(1) and (b)’’; and 
(D) in subsection (c), strike ‘‘the Contract Disputes Act 
of 1978 (41 U.S.C. 601 et seq.)’’ and substitute ‘‘chapter 
71 of title 41’’. 
(9) In section 6202(c)(2), strike ‘‘section 6(d)(5) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 405(d)(5))’’ and 
substitute ‘‘section 1122(a)(4) of title 41’’. 
(10) In section 9703(b)(3), as added by section 638(b)(1) of 
the Act of October 6, 1992 (Public Law 102–393, 106 Stat. 
1779), strike ‘‘section 3709 of the Revised Statutes of the United 
States (41 U.S.C. 5), title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ 
and substitute ‘‘division C (except sections 3302, 3501(b), 3509, 
3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) 
to (d) of title 41’’. 
(i) TITLE 35.—Title 35, United States Code, is amended as follows: 
(1) In section 2(b)(4)(A), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
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124 STAT. 3850 
PUBLIC LAW 111–350—JAN. 4, 2011 
(2) In section 203(b), strike ‘‘the Contract Disputes Act (41 
U.S.C. § 601 et seq.)’’ and substitute ‘‘chapter 71 of title 41’’. 
(j) TITLE 38.—Title 38, United States Code, is amended as follows: 
(1) In section 1720(c)(2), strike ‘‘section 2(b)(1) of the Service 
Contract Act of 1965 (41 U.S.C. 351(b)(1))’’ and substitute ‘‘sec-
tion 6704(a) of title 41’’. 
(2) In section 1966(a), strike ‘‘section 3709 of the Revised 
Statutes, as amended (41 U.S.C. 5)’’ and substitute ‘‘section 
6101(b) to (d) of title 41’’. 
(3) In section 3720(b), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(4) In section 7317(f), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(5) In section 7802(f), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(6) In section 8122— 
(A) in subsection (a)(1), strike ‘‘section 3709 of the 
Revised Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 
6101(b) to (d) of title 41’’; and 
(B) in subsection (c)— 
(i) strike ‘‘(41 U.S.C. 252(c))’’; and 
(ii) strike ‘‘section 304 of that Act (41 U.S.C. 254)’’ 
and substitute ‘‘sections 3901 and 3905 of title 41’’. 
(7) In section 8127— 
(A) in subsection (b), strike ‘‘section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403)’’ and sub-
stitute ‘‘section 134 of title 41’’; and 
(B) in subsection (c)(2), strike ‘‘section 4 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403)’’ and 
substitute ‘‘section 134 of title 41’’. 
(8) In section 8153(a)— 
(A) in paragraph (3)(B)(ii), strike ‘‘section 22 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 418b)’’ and 
substitute ‘‘section 1707 of title 41’’; and 
(B) in paragraph (3)(D), strike ‘‘section 303(f) of the Fed-
eral Property and Administrative Services Act of 1949 (41 
U.S.C. 253(f))’’ and substitute ‘‘section 3304(e) of title 41’’. 
(9) In section 8201(e), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(k) TITLE 39.—Section 410(b) of title 39, United States Code, 
is amended by striking paragraph (5) and substituting— 
‘‘(5) chapters 65 and 67 of title 41;’’. 
(l) TITLE 40.—Title 40, United States Code, is amended as follows: 
(1) In the chapter analysis for chapter 1, in item 111, strike 
‘‘Federal Property and Administrative Services Act of 1949’’ 
and substitute ‘‘division C (except sections 3302, 3501(b), 3509, 
3906, 4710, and 4711) of subtitle I of title 41’’. 
(2) In section 102, before paragraph (1), strike ‘‘title III of 
the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 251 et seq.)’’ and substitute ‘‘division C (except 
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
I of title 41’’. 
(3) In section 111— 
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124 STAT. 3851 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) in the section catchline, strike ‘‘Federal Property 
and Administrative Services Act of 1949’’ and sub-
stitute ‘‘division C (except sections 3302, 3501(b), 3509, 
3906, 4710, and 4711) of subtitle I of title 41’’; and 
(B) before paragraph (1), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 251 et seq.)’’ and substitute ‘‘division C (except 
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 
subtitle I of title 41’’. 
(4) In section 113(b)— 
(A) in the heading, strike ‘‘THE OFFICE
OF FEDERAL 
PROCUREMENT POLICY ACT’’ and substitute ‘‘DIVISION B 
(EXCEPT SECTIONS 1704 AND 2303) OF SUBTITLE I OF TITLE 
41’’; and 
(B) strike ‘‘the Office of Federal Procurement Policy Act 
(41 U.S.C. 401 et seq.)’’ and substitute ‘‘division B (Except 
Sections 1704 and 2303) of subtitle I of title 41’’. 
(5) In section 311— 
(A) in subsection (a), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I 
of title 41’’; and 
(B) in subsection (b), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I 
of title 41’’. 
(6) In section 501(b)(2)(B), strike ‘‘the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.)’’ and substitute 
‘‘division B (except sections 1704 and 2303) of subtitle I of 
title 41’’. 
(7) In section 502— 
(A) in subsection (b)(1)(A)(i), strike ‘‘section 5(3) of the 
Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))’’ and substitute 
‘‘section 8501(7) of title 41’’; 
(B) in subsection (b)(1)(A)(ii), strike ‘‘handicapped (as 
defined in section 5(4) of the Javits-Wagner-O’Day Act 
(41 U.S.C. 48b(4)))’’ and substitute ‘‘disabled (as defined 
in section 8501(6) of title 41)’’; 
(C) in subsection (b)(1)(B), strike ‘‘the Javits-Wagner- 
O’Day Act (41 U.S.C. 46 et seq.)’’ and substitute ‘‘chapter 
85 of title 41’’; and 
(D) in subsection (b)(2), strike ‘‘section 2 of the Javits- 
Wagner-O’Day Act (41 U.S.C. 47)’’ and substitute ‘‘section 
8503 of title 41’’. 
(8) In section 503(b)— 
(A) in paragraph (1), strike ‘‘the Office of Federal Procure-
ment Policy Act (41 U.S.C. 401 et seq.)’’ and substitute 
‘‘division B (except sections 1704 and 2303) of subtitle 
I of title 41’’; and 
(B) in paragraph (3)— 
(i) in the heading, strike ‘‘SECTION 3709 OF REVISED 
STATUTES’’ and substitute ‘‘SECTION 6101(b) TO (d) OF 
TITLE 41’’; and 
(ii) strike ‘‘Section 3709 of the Revised Statutes (41 
U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) of 
title 41’’. 
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124 STAT. 3852 
PUBLIC LAW 111–350—JAN. 4, 2011 
(9) In section 506(a)(1)(D), strike ‘‘the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.)’’ and substitute 
‘‘division B (except sections 1704 and 2303) of subtitle I of 
title 41’’. 
(10) In section 545(f), strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b)–(d) of 
title 41’’. 
(11) In section 593(a)(2), strike ‘‘the Javits-Wagner-O’Day 
Act (41 U.S.C. 46 et seq.)’’ and substitute ‘‘chapter 85 of title 
41’’. 
(12) In section 1305, strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(13) In section 1308, strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(14) In section 3148, strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(15) In section 3304(d)(2), strike ‘‘title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(16) In section 3305(a)— 
(A) in paragraph (1), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I 
of title 41’’; and 
(B) in paragraph (2), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I 
of title 41’’. 
(17) In section 3308(a), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(18) In section 3310(2), strike ‘‘section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
253)’’ and substitute ‘‘sections 3105, 3301, and 3303 to 3305 
of title 41’’. 
(19) In section 3701(b)(3)(A)(ii), strike ‘‘the Walsh-Healey Act 
(41 U.S.C. 35 et seq.)’’ and substitute ‘‘chapter 65 of title 41’’. 
(20) In section 3704(b)(1), strike ‘‘sections 4 and 5 of the 
Walsh-Healey Act (41 U.S.C. 38, 39)’’ and substitute ‘‘sections 
6506 and 6507 of title 41’’. 
(21) In section 3707, strike ‘‘section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403)’’ and substitute ‘‘section 
103 of title 41’’. 
(22) In section 6111(b)(2)(D), strike ‘‘section 3709 of the 
Revised Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) 
to (d) of title 41’’. 
(23) In section 8711(d), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(24) In section 11101— 
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124 STAT. 3853 
PUBLIC LAW 111–350—JAN. 4, 2011 
(A) in paragraph (1), strike ‘‘section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403)’’ and sub-
stitute ‘‘section 103 of title 41’’; and 
(B) in paragraph (2), strike ‘‘section 4 of the Act (41 
U.S.C. 403)’’ and substitute ‘‘section 133 of title 41’’. 
(m) TITLE 44.—Title 44, United States Code, is amended as 
follows: 
(1) In the chapter analysis for chapter 3, in the item for 
section 311, strike ‘‘the Federal Property and Administrative 
Services Act’’ and substitute ‘‘subtitle I of title 40 and division 
C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) 
of subtitle I of title 41’’. 
(2) In section 311— 
(A) in the section catchline, strike ‘‘the Federal Prop-
erty and Administrative Services Act’’ and substitute 
‘‘subtitle I of title 40 and division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
I of title 41’’; 
(B) in subsection (a), strike ‘‘title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.)’’ and substitute ‘‘division C (except sections 
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I 
of title 41’’; and 
(C) in subsection (c), strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to 
(d) of title 41’’. 
(n) TITLE 46.—Section 51703(b)(2) of title 46, United States Code, 
is amended by striking ‘‘section 3709 of the Revised Statutes (41 
U.S.C. 5)’’ and substituting ‘‘section 6101(b) to (d) of title 41’’. 
(o) TITLE 49.—Title 49, United States Code, is amended as follows: 
(1) In section 103(e), strike ‘‘title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 
(2) In section 1113(b)(1)(B) strike ‘‘section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘section 6101(b) to (d) 
of title 41’’. 
(3) In section 5334(j)(2), strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) 
of title 41’’. 
(4) In section 10721, strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) 
of title 41’’. 
(5) In section 13712, strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) 
of title 41’’. 
(6) In section 15504, strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) 
of title 41’’. 
(7) In section 40110— 
(A) in subsection (d)(2)(A), strike ‘‘Title III of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 252–266)’’ and substitute ‘‘Division C (except sec-
tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
I of title 41’’; 
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124 STAT. 3854 
PUBLIC LAW 111–350—JAN. 4, 2011 
(B) in subsection (d)(2)(B), strike ‘‘The Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.)’’ and sub-
stitute ‘‘Division B (except sections 1704 and 2303) of sub-
title I of title 41’’; 
(C) in subsection (d)(2)(C), strike ‘‘, except for section 
315 (41 U.S.C. 265). For the purpose of applying section 
315 of that Act to the system,’’ and substitute ‘‘. However, 
section 4705 of title 41 shall apply to the new acquisition 
management system developed and implemented pursuant 
to paragraph (1). For the purpose of applying section 4705 
of title 41 to the system,’’; and 
(D) in subsection (d)(3)— 
(i) in the heading, strike ‘‘THE OFFICE OF FEDERAL 
PROCUREMENT POLICY ACT’’ and substitute ‘‘DIVISION 
B (EXCEPT SECTIONS 1704 AND 2303) OF SUBTITLE I OF 
TITLE 41’’; 
(ii) before subparagraph (A), strike ‘‘section 27 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
423)’’ and substitute ‘‘chapter 21 of title 41’’; and 
(iii) in subparagraph (A), strike ‘‘Subsections (f) and 
(g)’’ and substitute ‘‘Sections 2101 and 2106 of title 
41’’. 
(8) In section 40118(f)(2), strike ‘‘section 4(12) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(12))’’ and 
substitute ‘‘section 103 of title 41’’. 
(9) In section 47305(d), strike ‘‘Section 3709 of the Revised 
Statutes (41 U.S.C. 5)’’ and substitute ‘‘Section 6101(b) to (d) 
of title 41’’. 
SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 
(a) CUTOFF DATE.—This Act replaces certain provisions of law 
enacted on or before December 31, 2008. If a law enacted after 
that date amends or repeals a provision replaced by this Act, 
that law is deemed to amend or repeal, as the case may be, the 
corresponding provision enacted by this Act. If a law enacted after 
that date is otherwise inconsistent with this Act, it supersedes 
this Act to the extent of the inconsistency. 
(b) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes 
of determining whether one provision of law supersedes another 
based on enactment later in time, the date of enactment of a 
provision enacted by this Act is deemed to be the date of enactment 
of the provision it replaced. 
(c) REFERENCES
TO PROVISIONS REPLACED.—A reference to a 
provision of law replaced by this Act, including a reference in 
a regulation, order, or other law, is deemed to refer to the cor-
responding provision enacted by this Act. 
(d) 
REGULATIONS, 
ORDERS, 
AND
OTHER
ADMINISTRATIVE 
ACTIONS.—A regulation, order, or other administrative action in 
effect under a provision of law replaced by this Act continues 
in effect under the corresponding provision enacted by this Act. 
(e) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken 
or an offense committed under a provision of law replaced by 
this Act is deemed to have been taken or committed under the 
corresponding provision enacted by this Act. 
(f) EFFECTIVE DATES FOR CERTAIN ACTIONS.— 
(1) ISSUE POLICY.—The requirement in section 2303(b)(1) of 
title 41, United States Code, to issue a policy shall be done 
not later than 270 days after October 14, 2008. 
41 USC 2303 
note. 
41 USC note 
prec. 101. 
41 USC note 
prec. 101. 
41 USC note 
prec. 101. 
41 USC note 
prec. 101. 
41 USC note 
prec. 101. 
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124 STAT. 3855 
(2) REVISIONS IN FEDERAL PROCUREMENT DATA SYSTEM OR 
SUCCESSOR SYSTEM.—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. 
(3) ESTABLISH DATABASE.—The requirement in section 2313(a) 
of title 41, United States Code, to establish a database shall 
be done not later than one year after October 14, 2008. 
(4) AMEND FEDERAL ACQUISITION REGULATION WITHIN ONE 
YEAR AFTER OCTOBER 14, 2008.—The Federal Acquisition Regula-
tion shall be amended to meet the requirements of sections 
2313(f), 3302(b) and (d), 4710(b), and 4711(b) of title 41, United 
States Code, not later than one year after October 14, 2008. 
(5) AMEND FEDERAL ACQUISITION REGULATION WITHIN 270 DAYS 
AFTER OCTOBER 14, 2008.—The Federal Acquisition Regulation 
shall be amended to meet the requirements of section 3906(b) 
of title 41, United States Code, not later than 270 days after 
October 14, 2008. 
SEC. 7. REPEALS. 
(a) INFERENCE
OF REPEAL.—The repeal of a law by this Act 
may not be construed as a legislative inference that the provision 
was or was not in effect before its repeal. 
(b) REPEALER SCHEDULE.—The laws specified in the following 
schedule are repealed, except for rights and duties that matured, 
penalties that were incurred, and proceedings that were begun 
before the date of enactment of this Act. 
41 USC note 
prec. 101. 
41 USC note 
prec. 101. 
41 USC 3906 
note. 
41 USC 2313 
note. 
41 USC 2313 
note. 
41 USC 2311 
note. 
PUBLIC LAW 111–350—JAN. 4, 2011 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
1875 
Mar. 3 ...
133 .........
2 ......................................
18 455 ..........
10 
........................
1884 
July 7 ....
332 .........
(words after ‘‘fifty five 
thousand dollars’’ in 
3d par. under heading 
‘‘Miscellaneous Ob-
jects Under the 
Treasury Depart-
ment’’).
23 204 ..........
24 
6308 
1920 
June 5 ...
240 .........
(last par. under heading 
‘‘Purchase of Articles 
Manufactured at Gov-
ernment Arsenals’’).
41 975 ..........
23 
6307 
1921 
June 30
33 ...........
1 (last proviso on p. 78) 
42 78 ............
11a 
6302 
1922 
July 1 ....
259 .........
(1st proviso on p. 812) ...
42 812 ..........
23 
6307 
1926 
May 13 ..
294 .........
(4th complete par. (re-
lated to R.S. § 3741) 
on p. 547).
44 547 ..........
16c 
........................
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124 STAT. 3856 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
1927 
Jan. 12 ..
27 ...........
(2d complete par. (re-
lated to R.S. § 3741) 
on p. 936).
44 936 ..........
16a 
........................
1933 
Mar. 3 ...
212 .........
title III, § 1 .....................
47 1520 ........
10c 
8301 
.............
title III, § 2 .....................
47 1520 ........
10a 
8302 
.............
title III, § 3 .....................
47 1520 ........
10b 
8303 
.............
title III, § 4 .....................
........
.................
10b–1 
........................
June 16
101 .........
5 ......................................
48 305 ..........
24a 
........................
1934 
Jan. 25 ..
5 .............
(related to R.S. § 3741) ..
48 337 ..........
22 
6306 
June 16
553 .........
1–6 ..................................
48 974 ..........
28–33 
........................
1935 
Aug. 29
815 .........
.........................................
49 990 ..........
34 
........................
1936 
June 30
881 .........
1 (matter before subsec. 
(a) less words related 
to definition of ‘‘agen-
cy of the United 
States’’).
49 2036 ........
35 
6502 
.............
1 (matter before subsec. 
(a) related to defini-
tion of ‘‘agency of the 
United States’’).
49 2036 ........
35 
6501 
.............
1(a)–(d) ...........................
49 2036 ........
35 
6502 
.............
2 ......................................
49 2037 ........
36 
6503 
.............
3 ......................................
49 2037 ........
37 
6504 
.............
4 ......................................
49 2038 ........
38 
6506 
.............
5 ......................................
49 2038 ........
39 
6507 
.............
6 ......................................
49 2038 ........
40 
6508 
.............
7 ......................................
49 2039 ........
41 
6501 
.............
8 ......................................
49 2039 ........
42 
6511 
.............
9 ......................................
49 2039 ........
43 
6505 
.............
10(a) ................................
........
.................
43a 
6509 
.............
10(b) (1st sentence) .......
........
.................
43a 
6507 
.............
10(b) (last sentence), (c) 
........
.................
43a 
6509 
.............
11 ....................................
........
.................
43b 
6510 
.............
12 ....................................
49 2039 ........
44 
........................
.............
13 ....................................
49 2039 ........
45 
6502 
1938 
June 25
697 .........
1 ......................................
52 1196 ........
46 
8502 
.............
2 ......................................
52 1196 ........
47 
8503 
.............
3 ......................................
52 1196 ........
48 
8504 
.............
4 ......................................
52 1196 ........
48a 
8505 
.............
5 ......................................
52 1196 ........
48b 
8501 
.............
6 ......................................
52 1196 ........
48c 
8506 
.............
7 ......................................
........
.................
46 note 
........................
1939 
Aug. 4 ...
418 .........
13 (related to R.S. 
§ 3744).
53 1197 ........
16d 
........................
1940 
June 18
396 .........
(last par. (related to 
R.S. § 3709) under 
heading ‘‘Botanic Gar-
den’’).
54 474 ..........
6kk 
........................
.............
(last par. (related to 
R.S. § 3744) under 
heading ‘‘Botanic Gar-
den’’).
54 474 ..........
16b 
........................
June 24
412 .........
.........................................
54 504 ..........
6b 
6102 
Oct. 10 ..
851 .........
2(a) ..................................
54 1110 ........
6a 
6102 
.............
2(f) ..................................
54 1110 ........
6a 
6102 
.............
2(h) .................................
54 1110 ........
6a 
6102 
.............
2(j) ...................................
54 1110 ........
6a 
6102 
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124 STAT. 3857 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
.............
3(a) ..................................
54 1111 ........
6b 
........................
.............
3(b) ..................................
54 1111 ........
6b 
........................
1942 
June 22
432 .........
1 ......................................
56 375 ..........
49 
6309 
.............
2 ......................................
56 376 ..........
50 
6309 
July 2 ....
472 .........
(1st complete par. on p. 
493).
56 493 ..........
6 
........................
1944 
July 1 ....
358 .........
1, 2(a) .............................
58 649 ..........
101, 102 
........................
.............
3 ......................................
58 650 ..........
103 
........................
.............
4(b)–13(c) ........................
58 651 ..........
104–113 
........................
.............
13(d) ................................
58 662 ..........
113 
........................
.............
13(e)–15 ..........................
58 662 ..........
113–115 
........................
.............
17, 18(a) .........................
58 665 ..........
117, 118 
........................
.............
18(c)–(e) ..........................
58 666 ..........
118 
........................
.............
19(c) ................................
58 667 ..........
119 
........................
.............
20–25 ..............................
58 668 ..........
120–125 
........................
.............
26 ....................................
58 671 ..........
101 note 
........................
.............
27 ....................................
58 671 ..........
101 note 
........................
1946 
Mar. 8 ...
80 ...........
1 ......................................
60 37 ............
51 
........................
.............
2 ......................................
60 37 ............
52 
8701 
.............
3 ......................................
60 37 ............
53 
8702 
.............
4 ......................................
60 37 ............
54 
8707 
.............
5 ......................................
60 37 ............
55 
8706 
.............
6 ......................................
60 37 ............
56 
8705 
.............
7 ......................................
60 37 ............
57 
8703 
.............
8 ......................................
60 37 ............
58 
8704 
Aug. 2 ...
744 .........
9(c) ..................................
60 809 ..........
5 
6101 
.............
18 ....................................
60 811 ..........
5a 
6101 
1949 
June 30
288 .........
301 ..................................
63 393 ..........
251 
........................
.............
302(a) ..............................
63 393 ..........
252 
3101 
.............
302(b) ..............................
63 393 ..........
252 
3104 
.............
302(c)(1) ..........................
63 393 ..........
252 
3106 
.............
302(c)(2) ..........................
........
.................
252 
3301 
.............
302A, 302B .....................
........
.................
252a, 252b 
3101 
.............
302C ...............................
........
.................
252c 
4709 
.............
303(a) ..............................
63 395 ..........
253 
3301 
.............
303(b) ..............................
63 395 ..........
253 
3303 
.............
303(c)–(f) ........................
63 395 ..........
253 
3304 
.............
303(g) ..............................
63 395 ..........
253 
3305 
.............
303(h) .............................
........
.................
253 
3301 
.............
303(i) ..............................
........
.................
253 
3105 
.............
303(j) ...............................
........
.................
253 
3304 
.............
303A ...............................
........
.................
253a 
3306 
.............
303B(a), (b) ....................
........
.................
253b 
3701 
.............
303B(c) ...........................
........
.................
253b 
3702 
.............
303B(d) ...........................
........
.................
253b 
3703 
.............
303B(e) ...........................
........
.................
253b 
3704 
.............
303B(f) ............................
........
.................
253b 
3705 
.............
303B(g) ...........................
........
.................
253b 
3704, 3705 
.............
303B(h) ...........................
........
.................
253b 
3706 
.............
303B(i) ............................
........
.................
253b 
3707 
.............
303B(j) ............................
........
.................
253b 
3308 
.............
303B(k), (l) .....................
........
.................
253b 
3708 
.............
303B(m) ..........................
........
.................
253b 
4702 
.............
303C ...............................
........
.................
253c 
3311 
.............
303D ...............................
........
.................
253d 
4703 
.............
303F ................................
........
.................
253f 
3310 
.............
303G ...............................
........
.................
253g 
4704 
.............
303H ...............................
........
.................
253h 
4103 
.............
303I .................................
........
.................
253i 
4105 
.............
303J ................................
........
.................
253j 
4106 
.............
303K ...............................
........
.................
253k 
4101 
.............
303L ................................
........
.................
253l 
3902 
.............
303M ...............................
........
.................
253m 
3309 
.............
304(a) ..............................
63 395 ..........
254 
3901 
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124 STAT. 3858 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
.............
304(b) ..............................
63 395 ..........
254 
3905 
.............
304A(a) ...........................
........
.................
254b 
3502 
.............
304A(b) ...........................
........
.................
254b 
3503 
.............
304A(c) ...........................
........
.................
254b 
3504 
.............
304A(d) ...........................
........
.................
254b 
3505 
.............
304A(e) ...........................
........
.................
254b 
3506 
.............
304A(f) ............................
........
.................
254b 
3507 
.............
304A(g) ...........................
........
.................
254b 
3508 
.............
304A(h) ...........................
........
.................
254b 
3501 
.............
304B ...............................
........
.................
254c 
3903 
.............
304C ...............................
........
.................
254d 
4706 
.............
305(a) ..............................
63 396 ..........
255 
4501 
.............
305(b) ..............................
........
.................
255 
4502 
.............
305(c) ..............................
63 396 ..........
255 
4502 
.............
305(d) ..............................
63 396 ..........
255 
4503 
.............
305(e) ..............................
........
.................
255 
4504 
.............
305(f) ..............................
........
.................
255 
4505 
.............
305(g) ..............................
........
.................
255 
4506 
.............
306(a)–(d) .......................
........
.................
256 
4303 
.............
306(e) ..............................
........
.................
256 
4304 
.............
306(f) ..............................
........
.................
256 
4305 
.............
306(g) ..............................
........
.................
256 
4306 
.............
306(h) .............................
........
.................
256 
4307 
.............
306(i) ..............................
........
.................
256 
4308 
.............
306(j) ...............................
........
.................
256 
4309 
.............
306(k) .............................
........
.................
256 
4310 
.............
306(l)(1) ..........................
........
.................
256 
4301 
.............
306(l)(2) ..........................
........
.................
256 
4302 
.............
306(m) ............................
........
.................
256 
4301 
.............
307 ..................................
63 396 ..........
257 
4701 
.............
309(a) ..............................
63 397 ..........
259 
151 
.............
309(b) ..............................
........
.................
259 
152 
.............
309(c)(1) ..........................
........
.................
259 
111 
.............
309(c)(2) ..........................
........
.................
259 
112 
.............
309(c)(3) ..........................
........
.................
259 
114 
.............
309(c)(4) ..........................
........
.................
259 
107 
.............
309(c)(5) ..........................
........
.................
259 
113 
.............
309(c)(6) ..........................
........
.................
259 
116 
.............
309(c)(7) ..........................
........
.................
259 
109 
.............
309(c)(8), (9) ...................
........
.................
259 
108 
.............
309(c)(10) ........................
........
.................
259 
115 
.............
309(c)(11) ........................
........
.................
259 
103 
.............
309(c)(12) ........................
........
.................
259 
110 
.............
309(c)(13) ........................
........
.................
259 
102 
.............
309(c)(14) ........................
........
.................
259 
105 
.............
309(d) ..............................
........
.................
259 
153 
.............
309(e) ..............................
........
.................
259 
106 
.............
310 ..................................
63 397 ..........
260 
3101 
.............
311 ..................................
........
.................
261 
3102 
.............
312 ..................................
........
.................
262 
4701 
.............
313 ..................................
........
.................
263 
3103 
.............
314 ..................................
........
.................
264 
3307 
.............
314A (‘‘commercial 
item’’).
........
.................
264a (‘‘commercial 
item’’) 
103 
.............
314A (‘‘nondevelop-
mental item’’).
........
.................
264a 
(‘‘nondevelopmental 
item’’) 
110 
.............
314A (‘‘component’’) .......
........
.................
264a (‘‘component’’) 
105 
.............
314A (‘‘commercial com-
ponent’’).
........
.................
264a (‘‘commercial 
component’’) 
102 
.............
314B ...............................
........
.................
264b 
3307 
.............
315 ..................................
........
.................
265 
4705 
.............
316 ..................................
........
.................
266 
3105 
Oct. 29 ..
787 .........
633 ..................................
63 1024 ........
10d 
8303 
1950 
Sept. 5 ...
849 .........
10(a) ................................
64 591 ..........
256a 
4707 
1952 
July 14 ..
739 .........
.........................................
66 627 ..........
113, 113 note 
........................
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124 STAT. 3859 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
1954 
May 11 ..
199 .........
1 ......................................
68 81 ............
321 
........................
.............
2 ......................................
68 81 ............
322 
........................
1957 
July 1 ....
85–75 .....
(last par. on p. 251) .......
71 251 ..........
6a 
........................
1961 
Aug. 3 ...
87–125 ...
301 ..................................
75 279 ..........
6b 
........................
1962 
Sept. 5 ...
87–638 ...
.........................................
76 437 ..........
254a 
4708 
1965 
July 27 ..
89–90 .....
(2d par. on p. 276) .........
79 276 ..........
6a–1 
6102 
Oct. 22 ..
89–286 ...
1 ......................................
79 1034 ........
351 note 
........................
.............
2(a) (words before par. 
(1) related to applica-
bility).
79 1034 ........
351 
6702 
.............
2(a) (words before par. 
(1) related to required 
contract terms), (1)– 
(5).
79 1034 ........
351 
6703 
.............
2(b) ..................................
79 1034 ........
351 
6704 
.............
3 ......................................
79 1035 ........
352 
6705 
.............
4 ......................................
79 1035 ........
353 
6707 
.............
5(a) ..................................
79 1035 ........
354 
6706 
.............
5(b) ..................................
79 1035 ........
354 
6705 
.............
6 ......................................
79 1035 ........
355 
6707 
.............
7 ......................................
79 1035 ........
356 
6702 
.............
8 ......................................
79 1036 ........
357 
6701 
.............
9 ......................................
79 1036 ........
351 note 
........................
.............
10 ....................................
........
.................
358 
6707 
1974 
Aug. 30
93–400 ...
4(1) ..................................
88 797 ..........
403 
133 
.............
4(2) ..................................
88 797 ..........
403 
111 
.............
4(3) ..................................
88 797 ..........
403 
112 
.............
4(4) ..................................
88 797 ..........
403 
114 
.............
4(5) ..................................
........
.................
403 
132 
.............
4(6) ..................................
........
.................
403 
107 
.............
4(7) ..................................
........
.................
403 
113 
.............
4(8) ..................................
........
.................
403 
116 
.............
4(9) ..................................
........
.................
403 
109 
.............
4(10) (‘‘item’’, ‘‘item of 
supply’’).
........
.................
403 
108 
.............
4(10) (‘‘supplies’’) ...........
........
.................
403 
115 
.............
4(11) ................................
........
.................
403 
134 
.............
4(12) ................................
........
.................
403 
103 
.............
4(13) ................................
........
.................
403 
110 
.............
4(14) ................................
........
.................
403 
105 
.............
4(15) ................................
........
.................
403 
102 
.............
4(16) ................................
........
.................
403 
131 
.............
4(17) ................................
........
.................
403 
1301 
.............
5(a) ..................................
88 797 ..........
404 
1101 
.............
5(b) ..................................
88 797 ..........
404 
1102 
.............
6(a)–(c) ............................
88 797 ..........
405 
1121 
.............
6(d), (e) ...........................
88 797 ..........
405 
1122 
.............
6(f) ..................................
88 797 ..........
405 
1121 
.............
6(g) ..................................
88 797 ..........
405 
1122 
.............
6(h)(1) .............................
88 797 ..........
405 
1130 
.............
6(h)(2) .............................
88 797 ..........
405 
2305 
.............
6(i) ..................................
88 797 ..........
405 
1125 
.............
6(j) ...................................
........
.................
405 
1126 
.............
6(k) .................................
........
.................
405 
1131 
.............
7 ......................................
88 798 ..........
406 
1701 
.............
9 ......................................
88 799 ..........
408 
1121 
.............
11 ....................................
88 799 ..........
410 
1101 
.............
12 ....................................
88 799 ..........
411 
1122 
.............
14(a) ................................
88 800 ..........
412 
2307 
.............
14(b) ................................
88 800 ..........
412 
2306 
.............
15 ....................................
........
.................
413 
1124 
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124 STAT. 3860 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
.............
16 ....................................
........
.................
414 
1702 
.............
16A(a)–(c) .......................
........
.................
414b 
1311 
.............
16A(d), (e) .......................
........
.................
414b 
1312 
.............
18 ....................................
........
.................
416 
1708 
.............
19 ....................................
........
.................
417 
1712 
.............
20 ....................................
........
.................
418 
1705 
.............
21 ....................................
........
.................
418a 
2302 
.............
22 ....................................
........
.................
418b 
1707 
.............
23 ....................................
........
.................
419 
1709 
.............
25(a), (b) .........................
........
.................
421 
1302 
.............
25(c)–(f) ..........................
........
.................
421 
1303 
.............
26(a)–(e) .........................
........
.................
422 
1501 
.............
26(f)–(h)(1) .....................
........
.................
422 
1502 
.............
26(h)(2)–(4) .....................
........
.................
422 
1503 
.............
26(i) ................................
........
.................
422 
........................
.............
26(j) .................................
........
.................
422 
1504 
.............
26(k) ...............................
........
.................
422 
1505 
.............
26(l) ................................
........
.................
422 
1506 
.............
27(a), (b) .........................
........
.................
423 
2102 
.............
27(c) ................................
........
.................
423 
2103 
.............
27(d) ................................
........
.................
423 
2104 
.............
27(e) ................................
........
.................
423 
2105 
.............
27(f) ................................
........
.................
423 
2101 
.............
27(g) ................................
........
.................
423 
2106 
.............
27(h) ...............................
........
.................
423 
2107 
.............
29 ....................................
........
.................
425 
1304 
.............
30 ....................................
........
.................
426 
2301 
.............
31 ....................................
........
.................
427 
1901 
.............
32 ....................................
........
.................
428 
1902 
.............
32A .................................
........
.................
428a 
1903 
.............
33 ....................................
........
.................
429 
1905 
.............
34 ....................................
........
.................
430 
1906 
.............
35(a), (b) .........................
........
.................
431 
1907 
.............
35(c) ................................
........
.................
431 
104 
.............
35A .................................
........
.................
431a 
1908 
.............
36 ....................................
........
.................
432 
1711 
.............
37 ....................................
........
.................
433 
1703 
.............
38 ....................................
........
.................
434 
2308 
.............
39 ....................................
........
.................
435 
1127 
.............
40 ....................................
........
.................
436 
2309 
.............
41 ....................................
........
.................
437 
2310 
.............
42 ....................................
........
.................
438 
7105 
.............
43 ....................................
........
.................
439 
1710 
.............
44 ....................................
........
.................
440 
2312 
1978 
Oct. 24 ..
95–507 ...
222 (1st sentence) ..........
92 1771 ........
405a 
1121 
.............
222 (last sentence) .........
92 1771 ........
405a 
1123 
Nov. 1 ....
95–563 ...
1 ......................................
92 2383 ........
601 note 
........................
.............
2 ......................................
92 2383 ........
601 
7101 
.............
3 ......................................
92 2383 ........
602 
7102 
.............
4 ......................................
92 2384 ........
603 
7102 
.............
5 ......................................
92 2384 ........
604 
7103 
.............
6(a) (1st, 2d sentences)
92 2384 ........
605 
7103 
.............
6(a) (3d, 4th sentences)
........
.................
605 
7103 
.............
6(a) (5th–last sen-
tences), (b), (c)(1)–(5).
92 2384 ........
605 
7103 
.............
6(c)(6), (7), (d), (e) ..........
........
.................
605 
7103 
.............
7 ......................................
92 2385 ........
606 
7104 
.............
8(a)–(e) ...........................
92 2385 ........
607 
7105 
.............
8(f) ..................................
92 2386 ........
607 
7106 
.............
8(g) ..................................
92 2387 ........
607 
7107 
.............
9 ......................................
92 2387 ........
608 
7106 
.............
10(a) ................................
92 2388 ........
609 
7104 
.............
10(b)–(e) .........................
92 2388 ........
609 
7107 
.............
10(f) ................................
........
.................
609 
7107 
.............
11 ....................................
92 2388 ........
610 
7105 
.............
12 ....................................
92 2389 ........
611 
7109 
.............
13 ....................................
92 2389 ........
612 
7108 
.............
15 ....................................
92 2391 ........
613 
........................
.............
16 ....................................
92 2391 ........
601 note 
........................
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124 STAT. 3861 
PUBLIC LAW 111–350—JAN. 4, 2011 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
1984 
Oct. 30 ..
98–577 ...
502 ..................................
98 3085 ........
414a 
1706 
1988 
Oct. 1 ....
100–463
8141 ................................
102 2270–47 ..
405b 
2304 
Oct. 25 ..
100–533
502 ..................................
102 2697 ........
417a 
1713 
Nov. 18 ..
100–690
5151 ................................
102 4304 ........
701 note 
........................
.............
5152 ................................
102 4304 ........
701 
8102 
.............
5153 ................................
102 4306 ........
702 
8103 
.............
5154 ................................
102 4307 ........
703 
8104 
.............
5155 ................................
102 4307 ........
704 
8105 
.............
5156 ................................
102 4308 ........
705 
8106 
.............
5157, 5158 ......................
102 4308 ........
706, 707 
8101 
.............
5160 ................................
102 4308 ........
701 note 
........................
1992 
Oct. 29 ..
102–572
907(a)(3) .........................
106 4518 ........
611 note 
7109 
1993 
Nov. 30 ..
103–160
849(c), (d) .......................
107 1725 ........
10b–2 
8304 
1994 
Oct. 13 ..
103–355
1054(b) ............................
108 3265 ........
253h note 
4102 
.............
8002 ................................
108 3386 ........
264 note 
3307 
1996 
Sept. 23
104–201
827 ..................................
110 2611 ........
10b–3 
8305 
1997 
June 12
105–18 ...
7004 ................................
111 192 ..........
253l–1 
3904 
1999 
Sept. 29
106–57 ...
207 ..................................
113 423 ..........
253l–2 
3904 
Oct. 5 ....
106–65 ...
804 ..................................
113 704 ..........
253h note 
4104 
2000 
Dec. 21 ..
106–554
1(a)(2) [title I, § 101] .....
114 2763A– 
100.
253l–3 
3904 
.............
1(a)(2) [title I, § 110] .....
114 2763A– 
108.
253l–4 
3904 
2003 
Feb. 20 ..
108–7 .....
div. H, title I, § 5 ...........
117 350 ..........
253l–5 
3904 
.............
div. H, title I, § 104 .......
117 354 ..........
6a–3 
6102 
.............
div. H, title I, § 1002 .....
117 357 ..........
253l–6 
3904 
.............
div. H, title I, § 1102 .....
117 370 ..........
6a–4 
6102 
.............
div. H, title I, § 1202 .....
117 373 ..........
253l–7 
3904 
Aug. 15
108–72 ...
4 ......................................
117 889 ..........
253l–8 
3904 
Nov. 24 ..
108–136
1412(a) ............................
117 1664 ........
433 note 
1703 
.............
1413 ................................
117 1665 ........
433 note 
1703 
.............
1414 ................................
117 1666 ........
433 note 
1128 
.............
1428 ................................
117 1670 ........
253a note 
3306 
.............
1431(b) ............................
117 1671 ........
405 note 
1129 
.............
1441 ................................
117 1673 ........
428a note 
1904 
2004 
Oct. 28 ..
108–375
807(c) ..............................
118 2011 ........
431a note 
1908 
2008 
Jan. 28 ..
110–181
855 ..................................
122 251 ..........
433a 
1704 
June 30
110–252
6102, 6103 ......................
122 2386, 
2387.
251 note 
3509 
Oct. 14 ..
110–417
[div. A], title VIII, 
841(a).
122 4537 ........
405c(a) 
2303 
.............
[div. A], title VIII, 
841(c).
122 4539 ........
405c(c) 
2303 
.............
[div. A], title VIII, 
863(a)–(e).
122 4547 ........
253h note 
3302 
.............
[div. A], title VIII, 
864(a), (b), (d), (e), 
(f)(2), (g).
122 4549 ........
254 note 
3906 
.............
[div. A], title VIII, 866 ..
122 4551 ........
254b note 
4710 
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124 STAT. 3862 
PUBLIC LAW 111–350—JAN. 4, 2011 
LEGISLATIVE HISTORY—H.R. 1107: 
HOUSE REPORTS: No. 111–42 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 155 (2009): May 6, considered and passed House. 
Vol. 156 (2010): Dec. 2, considered and passed Senate, amended. 
Dec. 16, 17, House considered and concurred in Senate 
amendments. 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter 
or Public 
Law 
Section 
Statutes at Large 
U.S. Code (title 41 unless otherwise 
specified) 
Vol-
ume 
Page 
Existing 
Proposed 
.............
[div. A], title VIII, 867 ..
122 4551 ........
251 note 
4711 
.............
[div. A], title VIII, 868 ..
122 4552 ........
254b note 
3501 
.............
[div. A], title VIII, 869 ..
122 4553 ........
433a note 
1704 
.............
[div. A], title VIII, 872 ..
122 4555 ........
417b 
2313 
.............
[div. A], title VIII, 
874(a).
122 4558 ........
405 note 
2311 
Revised Statutes 
Revised Statutes Section 
United States Code (title 41) 
Existing 
Proposed 
3709 .................................................................
5 
6101 
3710 .................................................................
8 
6103 
3732 .................................................................
11 
6301 
3733 .................................................................
12 
6303 
3735 .................................................................
13 
6304 
3736 .................................................................
14 
6301 
3737 .................................................................
15 
6305 
3741 .................................................................
22 
6306 
Approved January 4, 2011. 
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