An act to amend the Office of Federal Procurement Policy Act, and for other purposes.
PL 96-83 (S.756), enacted 10/10/1979

93 STAT. 648 
PUBLIC LAW 96-83—OCT. 10, 1979 
Public Law 96-83 
^ 
96th Congress 
An Act 
Oct. 10,1979— 
TQ amend the Office of Federal Procurement Policy Act, and for other purposes. 
[S. 756] 
Be it enacted by the Senate and House of Representatives of the 
Office of Federal United States of 
America in Congress assembled, 
Procurement 
Amendments of 
SHORT TITLE; REFERENCE 
1979 
41 use 401 note. 
SECTION 1. (a) This Act may be cited as the "Office of Federal 
Procurement Policy Act Amendments of 1979". 
(b) As used in this Act, the term "the Act" means the Office of 
41 use 401 note. Federal Procurement Policy Act. 
DECLARATION OF POLICY 
SEC. 2. Strike Section 2 of the Act (41 U.S.C. 401) and insert in lieu 
thereof the following: 
"DECLARATION OF POLICY 
"SEC. 2. It is declared to be the policy of Congress to promote 
economy, efficiency, and effectiveness in the procurement of property 
and services by and for the executive branch of the Federal Govern-
ment by— 
"(1) promoting the use of full and open competition in the 
procurement of 
products and services; 
"(2) establishing policies, procedures, and practices which will 
require the Government to acquire property and services of the 
requisite quality and within the time needed at the lowest 
reasonable cost; 
"(3) improving the quality, efficiency, economy, and perform-
ance of Government procurement organizations and personnel, 
and eliminating fraud and waste in the procurement process; 
"(4) avoiding or eliminating unnecessary overlapping or dupli-
cation of procurement and related activities; 
"(5) avoiding or eliminating unnecessary or redundant require-
ments placed on contractor and Federal procurement officials; 
"(6) identifying gaps, omissions, or inconsistencies in procure-
ment laws, regulations, and directives and in other laws, regula-
tions, and directives, relating to or affecting procurement; 
"(7) achieving greater uniformity and simplicity, whenever 
appropriate, in procurement procedures; 
"(8) otherwise promoting economy, efficiency, and effective-
ness in Government procurement organizations and operation; 
"(9) coordinating procurement policies and programs of the 
several departments and agencies; 
"(10) minimizing possible disruptive effects of Government 
procurement on particular industries, areas, or occupations; 
"(11) improving understanding of Government procurement 
laws and policies within the Government and by organizations 
smd individuals doing business with the Government; and 
"(12) promoting fair dealing and equitable relationships among 
the parties in Government contracting.". 
PUBLIC LAW 96-83—OCT. 10, 1979 
93 STAT. 649 
DEFINITION 
SEC. 3. Section 4 of the Act (41 U.S.C. 404) is amended by inserting 41 use 403. 
"(a)" immediately after "SEC. 4." and by inserting at the end of such 
section the following new subsection: 
"(b) As used in this Act, the term 'procurement' includes all stages 
of the acquisition process, beginning with the process for determining 
a need for property and services through to the Federal Govern-
ment's disposition of such property and services.". 
AUTHORITY AND FUNCTIONS 
SEC. 4. (a) Section 6(a) of the Act (41 U.S.C. 405(a)) is amended to 
read as follows: 
"SEC. 6. (a) The Administrator shall provide overall leadership in 
the development and implementation of procurement policies and 
the coordination of programs to improve the quality and performance 
of procurement personnel. The Administrator shall develop for 
submission under section 8(a) a uniform procurement system which 
shall, to the extent he considers appropriate and with due regard to 
the program activities of the executive agencies, include uniform 
policies, regulations, procedures, and forms to be followed by execu-
tive agencies— 
"(1) 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; and 
"(2) in providing for procurement by recipients of Federal 
grants or assistance of items specified in clauses (1)(A), (1)(B), and 
(1)(C) of this subsection, to the extent required for performance of 
Federal grant or assistance programs.". 
(b) Section 6(c) of the Act (41 U.S.C. 405(c)) is amended to read as 
follows: 
"(c) The Administrator shall develop and propose a central man-
agement system consisting of the Office of Management and Budget, 
the General Services Administration, and procurement offices in 
executive agencies to implement and enforce the uniform procure-
ment system described in subsection (a) of this section.". 
(c) Section 6(d) of the Act (41 U.S.C. 405(d)) is amended to read as 
follows: 
"(d) The functions of the Administrator shall include— 
"(1) reviewing the recommendations of the Commission on 
Government Procurement to determine those recommendations 
that should be completed, amended, or rejected, and to propose 
the priority and schedules for completing the remaining recom-
mendations; 
"(2) developing a system of simplified and uniform procure-
ment policies, regulations, procedures, and forms; 
"(3) establishing criteria and procedures for an effective and 
timely method of soliciting the viewpoints of interested parties in 
the development of procurement policies, regulations, proce-
dures, and forms; 
"(4) promoting and conducting research in procurement poli-
cies, regulations, procedures, and forms, through the Federal 
Acquisition Institute, which shall be located within the Office 
and directed by the Administrator; 
"(5) establish, through the Federal Procurement Data Center, 
which shall be located in the General Services Administration 
Uniform 
procurement 
system. 
41 use 407. 
Central 
management 
system. 
93 STAT. 650 
PUBLIC LAW 96-83—OCT. 10, 1979 
Consultation 
with executive 
agencies. 
and acting as executive agent for the Administrator, a computer-
^.,, 
based information system for collecting, developing, and dissemi-
nating procurement data which takes into account the needs of 
the Congress, the executive branch, and the private sector; 
"(6) recommending and promoting, through the Federal Acqui-
sition Institute, programs of the Office of Personnel Management 
and executive agencies for recruitment, training, career develop-
ment, and performance evaluation of procurement personnel; 
"(7) developing, for inclusion in the uniform procurement 
41 use 407. 
system to be submitted under section 8(a), standard contracts and 
contract language in order to reduce the Government's cost of 
procuring goods and services as well as the private sector's cost of 
doing business with the Government; and 
"(8) providing leadership and coordination in the formulation 
of executive branch positions on legislation relating 
to 
procurement.". 
(d) Section 6(e) of the Act (41 U.S.C. 405(e)) is amended to read as 
follows: 
"(e) In the development and implementation of the uniform pro-
curement system the Administrator shall consult with the executive 
agencies affected, including the Small Business Administration and 
other executive agencies promulgating policies, regulations, proce-
dures and forms affecting procurement. To the extent feasible, the 
Administrator may designate an executive agency or agencies, estab-
lish interagency committees, or otherwise use agency representatives 
or personnel to solicit the views and the agreement, so far as possible, 
of executive agencies affected on significant changes in policies, 
regulations, procedures and forms.". 
(e) Section 6 of the Act (41 U.S.C. 405) is further amended by 
inserting at the end thereof the following new subsections: 
"(h)(1) Until the effective date of legislation implementing a uni-
form procurement system, the Administrator may, with the concur-
rence of the Director of the Office of Management and Budget, issue 
policy directives, in accordance with existing law, for the purpose of 
promoting the development and implementation of the uniform 
procurement system or for the purpose of promoting the policies set 
forth in paragraphs (1) through (8) of section 2 of this Act. Such policy 
directives shall be followed by executive agencies. 
"(2) Any policy directives issued pursuant to paragraph (1) may 
require executive agencies to issue implementing regulations which 
shall be in accord with the criteria and standards set forth in such 
policy directives. 
"(i) Until the effective date of legislation implementing a uniform 
procurement system, the Director of the Office of Management and 
Budget shall deny or rescind the promulgation of any final rule or 
regulation of any executive agency relating to procurement if the 
Director determines that such rule or regulation is inconsistent with 
the policies set/orth in paragraphs (1) through (8) of section 2 of this 
Act or is inconsistent with any policy directives issued pursuant to 
subsection (h). 
"(j) Nothing in this Act shall be construed— 
"(1) to impair or affect the authorities or responsibilities 
conferred by the Federal Property and Administrative Services 
40 use 471 note. 
Act of 1949 with respect to the procurement of automatic data 
processing and telecommunications equipment and services or of 
real property; or 
"(2) to limit the current authorities and responsibilities of the 
Director of the Office of Management and Budget.". 
Regulations, 
denial or 
rescission of 
promulgation. 
PUBLIC LAW 96-83—OCT. 10, 1979 
93 STAT. 651 
RESPONSIVENESS TO CONGRESS 
SEC. 5. (a) Section 8(a) of the Act (41 U.S.C. 407(a)) is amended to 
read as follows: 
"SEC. 8. (aXD The Administrator shall keep the Congress and its 
duly authorized committees fully and currently informed of the 
major activities of the Office of Federal Procurement Policy, and 
shall submit a report thereon to the House of Representatives and the 
Senate annually and at such other times as may be necessary for this 
purpose. 
"(2) At the earliest practicable date, but in no event later than one 
year after the date of enactment of the Office of Federal Procurement 
Policy Act Amendments of 1979, the Administrator shall transmit to 
the House of Representatives and the Senate his proposal for a 
uniform procurement system. Such proposal shall include a full 
description of the proposed system, projected costs and benefits of the 
system as proposed, and short- and long-term plans for implementa-
tion of the system, including schedules for implementation. At the 
same time, the Administrator shall transmit a report on the recom-
mendations of the Commission on Government Procurement speci-
fied in section 6(d)(1) of 
this Act. 
"(3) At the earliest practicable date, but in no event later than one 
year after presentation of the proposal described in paragraph (2) of 
this subsection, the Administrator shall propose to the House of 
Representatives and the Senate recommended changes in legislation 
relating to procurement by executive agencies. If the Administrator 
deems it necessary, these recommendations shall include a proposal 
for a consolidated statutory base for procurement by executive 
agencies. 
"(4) At the earliest practicable date, but in no event later than the 
submission of the legislative recommendations described in para-
graph (3) of this subsection, the Administrator shall present a 
proposal for a management system described in section 6(c) to 
implement and enforce the uniform procurement system.". 
(b) Section 8 of the Act (41 U.S.C. 407) is further amended— 
(1) by striking out "any major policy or regulation prescribed 
under section 6(a)" in subsection (b) and inserting in lieu thereof 
"anv policy prescribed under section 6(h)"; 
(2) by striking "or regulation" each place it appears in such 
subsection; and 
(3) by striking out "any major policy or regulation" in subsec-
tion (c) and inserting in lieu thereof "any policy". 
Report to 
Congress. 
Uniform 
procurement 
system proposal, 
transmittal to 
Congress. 
Executive 
agencies' 
procurement 
proposal, 
transmittal to 
Congress. 
Management 
system proposal. 
41 u s e 405. 
EFFECT ON EXISTING REGULATIONS 
SEC. 6. Section 10 of the Act (41 U.S.C. 409) is amended to read as 
' 
follows: 
"EFFECT ON EXISTING REGULATIONS 
"SEC. 10. Procurement policies, regulations, procedures, or forms in 
effect as of the date of enactment of the Office of Federal Procure-
ment Policy Act Amendments of 1979 shall continue in effect, as 
modified from time to time by the issuing offices on their own 
initiative or in response to policy directives issued under section 6(h) 
until repealed, amended, or superseded pursuant to the adoption of 
the uniform procurement system described in section 6 of th^ Act.", 4i use 405. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 7. Section 11 of the Act (41 U.S.C. 410) is amended-
93 STAT. 652 
PUBLIC LAW 96-83—OCT. 10, 1979 
(1) by striking out the first sentence and inserting in lieu 
thereof the following: "There are authorized to be appropriated 
to carry out the provisions of this Act, and for no other purpose, 
$4,000,000 for the fiscal year ending September 30, 1980, and for 
each of the three succeeding fiscal years; and one-third of the 
funds appropriated for any such fiscal year shall be made 
available to the Federal Acquisition Institute for the perform-
ance of its functions under this Act."; and 
(2) by striking out "Government Operations" in the second 
sentence and inserting in lieu thereof "Governmental Affairs". 
DELEGATION 
SEC. 8. Section 12(a) of the Act (41 U.S.C. 411(a)) is amended by 
striking out "direction of Federal procurement policy and to pre-
scribe policies and regulations to carry out that policy" and by 
inserting in lieu thereof "leadership in the development of Federal 
procurement policy". 
ACCESS TO INFORMATION 
SEC. 9. Section 140)) of the Act (41 U.S.C. 4120))) is amended by 
striking out 
"establishing" and inserting in lieu 
thereof 
"developing". 
CONFORMING AMENDMENTS 
SEC. 10. (a) Sections 201(a)(1), 201(c), and 206(a)(4) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)(1), 
481(c), 487(a)(4)) are each amended by striking out "subject to regula-
tions" and inserting in lieu thereof "subject to policy directives". 
(b) Section 602(c) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 474(c)) is amended by striking out 
"except as otherwise provided by the Office of Federal Procurement 
41 use 401 note. Policy Act, and". 
EFFECT ON OTHER LAW 
41 use 405a 
SEC. 11. The provisions of the Act as amended by this Act shall 
note. 
supersede the provisions of section 222 of the Act of October 24,1978, 
entitled "An Act to amend the Small Business Act and the Small 
92 Stat. 1771. 
Business Investment Act of 1958" (41 U.S.C. 405a) to the extent they 
are inconsistent therewith. 
EFFECTIVE DATE 
41 use 401 note. 
SEC. 12. Except to the extent otherwise provided therein, the 
amendments made by this Act shall take effect on October 1, 1979. 
Approved October 10, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-178 accompanying H.R. 3763 (eomm. on Government 
CJ 
Dcrfl 
t lo 
US) 
SENATE REPORT No. 96-144 (Comm. on Governmental Affairs). 
eONGRESSIONAL RECORD, Vol. 125 (1979): 
May 21, considered and passed Senate. 
Sept. 10, H.R. 8763 considered and passed House; passage vacated and S. 756, 
amended, passed in lieu. 
Sept. 27, Senate concurred in House amendments with amendments. 
Sept. 28, House agreed to Senate amendments. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOOUMENTS, Vol. 15, No. 41: 
Oct. 10, Presidential statement.