One Hundred Eleventh CongressCommentsClose CommentsPermalink

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of theCommentsClose CommentsPermalink

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United States of AmericaCommentsClose CommentsPermalink

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AT THE SECOND SESSIONCommentsClose CommentsPermalink

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Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink

the fifth day of January, two thousand and tenCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

To enact certain laws relating to public contracts as title 41, United States Code, ‘Public Contracts’.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Table of contents.CommentsClose CommentsPermalink





Sec. 2. Purpose; conformity with original intent.CommentsClose CommentsPermalink





Sec. 3. Enactment of Title 41, United States Code.CommentsClose CommentsPermalink





Sec. 4. Conforming amendment.CommentsClose CommentsPermalink





Sec. 5. Conforming cross-references.CommentsClose CommentsPermalink





Sec. 6. Transitional and savings provisions.CommentsClose CommentsPermalink





Sec. 7. Repeals.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(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, contradictions, 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)).CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

TITLE 41--PUBLIC CONTRACTSCommentsClose CommentsPermalink

Sec.CommentsClose CommentsPermalink

-I.CommentsClose CommentsPermalink

-FEDERAL PROCUREMENT POLICYCommentsClose CommentsPermalink

-101CommentsClose CommentsPermalink

-II.CommentsClose CommentsPermalink

-OTHER ADVERTISING AND CONTRACT PROVISIONSCommentsClose CommentsPermalink

-6101CommentsClose CommentsPermalink

-III.CommentsClose CommentsPermalink

-CONTRACT DISPUTESCommentsClose CommentsPermalink

-7101CommentsClose CommentsPermalink

-IV.CommentsClose CommentsPermalink

-MISCELLANEOUSCommentsClose CommentsPermalink

-8101CommentsClose CommentsPermalink

Subtitle I--Federal Procurement Policy

Division A--General

Sec.CommentsClose CommentsPermalink

-1.CommentsClose CommentsPermalink

-DefinitionsCommentsClose CommentsPermalink

-101CommentsClose CommentsPermalink

Division B--Office of Federal Procurement Policy

-11.CommentsClose CommentsPermalink

-Establishment of Office and Authority and Functions of AdministratorCommentsClose CommentsPermalink

-1101CommentsClose CommentsPermalink

-13.CommentsClose CommentsPermalink

-Acquisition CouncilsCommentsClose CommentsPermalink

-1301CommentsClose CommentsPermalink

-15.CommentsClose CommentsPermalink

-Cost Accounting StandardsCommentsClose CommentsPermalink

-1501CommentsClose CommentsPermalink

-17.CommentsClose CommentsPermalink

-Agency Responsibilities and ProceduresCommentsClose CommentsPermalink

-1701CommentsClose CommentsPermalink

-19.CommentsClose CommentsPermalink

-Simplified Acquisition ProceduresCommentsClose CommentsPermalink

-1901CommentsClose CommentsPermalink

-21.CommentsClose CommentsPermalink

-Restrictions on Obtaining and Disclosing Certain InformationCommentsClose CommentsPermalink

-2101CommentsClose CommentsPermalink

-23.CommentsClose CommentsPermalink

-MiscellaneousCommentsClose CommentsPermalink

-2301CommentsClose CommentsPermalink

Division C--Procurement

-31.CommentsClose CommentsPermalink

-GeneralCommentsClose CommentsPermalink

-3101CommentsClose CommentsPermalink

-33.CommentsClose CommentsPermalink

-Planning and SolicitationCommentsClose CommentsPermalink

-3301CommentsClose CommentsPermalink

-35.CommentsClose CommentsPermalink

-Truthful Cost or Pricing DataCommentsClose CommentsPermalink

-3501CommentsClose CommentsPermalink

-37.CommentsClose CommentsPermalink

-Awarding of ContractsCommentsClose CommentsPermalink

-3701CommentsClose CommentsPermalink

-39.CommentsClose CommentsPermalink

-Specific Types of ContractsCommentsClose CommentsPermalink

-3901CommentsClose CommentsPermalink

-41.CommentsClose CommentsPermalink

-Task and Delivery Order ContractsCommentsClose CommentsPermalink

-4101CommentsClose CommentsPermalink

-43.CommentsClose CommentsPermalink

-Allowable CostsCommentsClose CommentsPermalink

-4301CommentsClose CommentsPermalink

-45.CommentsClose CommentsPermalink

-Contract FinancingCommentsClose CommentsPermalink

-4501CommentsClose CommentsPermalink

-47.CommentsClose CommentsPermalink

-MiscellaneousCommentsClose CommentsPermalink

-4701CommentsClose CommentsPermalink

Division A--General

CHAPTER 1--DEFINITIONS

SUBCHAPTER I--SUBTITLE DEFINITIONS

Sec.CommentsClose CommentsPermalink





101. Administrator.CommentsClose CommentsPermalink





102. Commercial component.CommentsClose CommentsPermalink





103. Commercial item.CommentsClose CommentsPermalink





104. Commercially available off-the-shelf item.CommentsClose CommentsPermalink





105. Component.CommentsClose CommentsPermalink





106. Federal Acquisition Regulation.CommentsClose CommentsPermalink





107. Full and open competition.CommentsClose CommentsPermalink





108. Item and item of supply.CommentsClose CommentsPermalink





109. Major system.CommentsClose CommentsPermalink





110. Nondevelopmental item.CommentsClose CommentsPermalink





111. Procurement.CommentsClose CommentsPermalink





112. Procurement system.CommentsClose CommentsPermalink





113. Responsible source.CommentsClose CommentsPermalink





114. Standards.CommentsClose CommentsPermalink





115. Supplies.CommentsClose CommentsPermalink





116. Technical data.CommentsClose CommentsPermalink

SUBCHAPTER II--DIVISION B DEFINITIONS

131. Acquisition.CommentsClose CommentsPermalink





132. Competitive procedures.CommentsClose CommentsPermalink





133. Executive agency.CommentsClose CommentsPermalink





134. Simplified acquisition threshold.CommentsClose CommentsPermalink

SUBCHAPTER III--DIVISION C DEFINITIONS

151. Agency head.CommentsClose CommentsPermalink





152. Competitive procedures.CommentsClose CommentsPermalink





153. Simplified acquisition threshold for contract in support of humanitarian or peacekeeping operation.CommentsClose CommentsPermalink

SUBCHAPTER I--SUBTITLE DEFINITIONS

Sec. 101. Administrator

In this subtitle, the term ‘Administrator’ means the Administrator for Federal Procurement Policy appointed under section 1102 of this title.CommentsClose CommentsPermalink

Sec. 102. Commercial component

In this subtitle, the term ‘commercial component’ means a component that is a commercial item.CommentsClose CommentsPermalink

Sec. 103. Commercial item

Sec. 104. Commercially available off-the-shelf item

In this subtitle, the term ‘commercially available off-the-shelf item’--CommentsClose CommentsPermalink





(1) means an item that--CommentsClose CommentsPermalink





(A) is a commercial item (as described in section 103(1) of this title);CommentsClose CommentsPermalink





(B) is sold in substantial quantities in the commercial marketplace; andCommentsClose CommentsPermalink





(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; butCommentsClose CommentsPermalink





(2) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.CommentsClose CommentsPermalink

Sec. 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.CommentsClose CommentsPermalink

Sec. 106. Federal Acquisition Regulation

In this subtitle, the term ‘Federal Acquisition Regulation’ means the regulation issued under section 1303(a)(1) of this title.CommentsClose CommentsPermalink

Sec. 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.CommentsClose CommentsPermalink

Sec. 108. Item and item of supply

In this subtitle, the terms ‘item’ and ‘item of supply’--CommentsClose CommentsPermalink





(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; butCommentsClose CommentsPermalink





(2) do not include packaging or labeling associated with shipment or identification of an item.CommentsClose CommentsPermalink

Sec. 109. Major system

Sec. 110. Nondevelopmental item

In this subtitle, the term ‘nondevelopmental item’ means--CommentsClose CommentsPermalink





(1) a commercial item;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Sec. 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.CommentsClose CommentsPermalink

Sec. 112. Procurement system

In this subtitle, the term ‘procurement system’ means the integration of the procurement process, the professional development of procurement personnel, and the management structure for carrying out the procurement function.CommentsClose CommentsPermalink

Sec. 113. Responsible source

In this subtitle, the term ‘responsible source’ means a prospective contractor that--CommentsClose CommentsPermalink





(1) has adequate financial resources to perform the contract or the ability to obtain those resources;CommentsClose CommentsPermalink





(2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments;CommentsClose CommentsPermalink





(3) has a satisfactory performance record;CommentsClose CommentsPermalink





(4) has a satisfactory record of integrity and business ethics;CommentsClose CommentsPermalink





(5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills;CommentsClose CommentsPermalink





(6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; andCommentsClose CommentsPermalink





(7) is otherwise qualified and eligible to receive an award under applicable laws and regulations.CommentsClose CommentsPermalink

Sec. 114. Standards

In this subtitle, the term ‘standards’ means the criteria for determining the effectiveness of the procurement system by measuring the performance of the various elements of the system.CommentsClose CommentsPermalink

Sec. 115. Supplies

In this subtitle, the term ‘supplies’ has the same meaning as the terms ‘item’ and ‘item of supply’.CommentsClose CommentsPermalink

Sec. 116. Technical data

In this subtitle, the term ‘technical data’--CommentsClose CommentsPermalink





(1) means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency; butCommentsClose CommentsPermalink





(2) does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.CommentsClose CommentsPermalink

SUBCHAPTER II--DIVISION B DEFINITIONS

Sec. 131. Acquisition

In division B, the term ‘acquisition’--CommentsClose CommentsPermalink





(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 requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; andCommentsClose CommentsPermalink





(2) includes--CommentsClose CommentsPermalink





(A) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;CommentsClose CommentsPermalink





(B) the description of requirements to satisfy agency needs;CommentsClose CommentsPermalink





(C) solicitation and selection of sources;CommentsClose CommentsPermalink





(D) award of contracts;CommentsClose CommentsPermalink





(E) contract performance;CommentsClose CommentsPermalink





(F) contract financing;CommentsClose CommentsPermalink





(G) management and measurement of contract performance through final delivery and payment; andCommentsClose CommentsPermalink





(H) technical and management functions directly related to the process of fulfilling agency requirements by contract.CommentsClose CommentsPermalink

Sec. 132. Competitive procedures

In division B, the term ‘competitive procedures’ means procedures under which an agency enters into a contract pursuant to full and open competition.CommentsClose CommentsPermalink

Sec. 133. Executive agency

In division B, the term ‘executive agency’ means--CommentsClose CommentsPermalink





(1) an executive department specified in section 101 of title 5;CommentsClose CommentsPermalink





(2) a military department specified in section 102 of title 5;CommentsClose CommentsPermalink





(3) an independent establishment as defined in section 104(1) of title 5; andCommentsClose CommentsPermalink





(4) a wholly owned Government corporation fully subject to chapter 91 of title 31.CommentsClose CommentsPermalink

Sec. 134. Simplified acquisition threshold

In division B, the term ‘simplified acquisition threshold’ means $100,000.CommentsClose CommentsPermalink

SUBCHAPTER III--DIVISION C DEFINITIONS

Sec. 151. Agency head

Sec. 152. Competitive procedures

Sec. 153. Simplified acquisition threshold for contract in support 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Division B--Office of Federal Procurement Policy

CHAPTER 11--ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF ADMINISTRATOR

SUBCHAPTER I--GENERAL

Sec.CommentsClose CommentsPermalink





1101. Office of Federal Procurement Policy.CommentsClose CommentsPermalink





1102. Administrator.CommentsClose CommentsPermalink

SUBCHAPTER II--AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR

1121. General authority.CommentsClose CommentsPermalink





1122. Functions.CommentsClose CommentsPermalink





1123. Small business concerns.CommentsClose CommentsPermalink





1124. Tests of innovative procurement methods and procedures.CommentsClose CommentsPermalink





1125. Recipients of Federal grants or assistance.CommentsClose CommentsPermalink





1126. Policy regarding consideration of contractor past performance.CommentsClose CommentsPermalink





1127. Determining benchmark compensation amount.CommentsClose CommentsPermalink





1128. Maintaining necessary capability with respect to acquisition of architectural and engineering services.CommentsClose CommentsPermalink





1129. Center of excellence in contracting for services.CommentsClose CommentsPermalink





1130. Effect of division on other law.CommentsClose CommentsPermalink





1131. Annual report.CommentsClose CommentsPermalink

SUBCHAPTER I--GENERAL

Sec. 1101. Office of Federal Procurement Policy

(a) ORGANIZATION- There is an Office of Federal Procurement Policy in the Office of Management and Budget.CommentsClose CommentsPermalink





(b) PURPOSES- The purposes of the Office of Federal Procurement Policy are to--CommentsClose CommentsPermalink





(1) provide overall direction of Government-wide procurement policies, regulations, procedures, and forms for executive agencies; andCommentsClose CommentsPermalink





(2) promote economy, efficiency, and effectiveness in the procurement of property and services by the executive branch of the Federal Government.CommentsClose CommentsPermalink





(c) AUTHORIZATION OF APPROPRIATIONS- Necessary amounts may be appropriated each fiscal year for the Office of Federal Procurement Policy to carry out the responsibilities of the Office for that fiscal year.CommentsClose CommentsPermalink

Sec. 1102. Administrator

(a) HEAD OF OFFICE- The head of the Office of Federal Procurement Policy is the Administrator for Federal Procurement Policy.CommentsClose CommentsPermalink





(b) APPOINTMENT- The Administrator is appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink

SUBCHAPTER II--AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR

Sec. 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 agencies.CommentsClose CommentsPermalink





(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 Regulation.CommentsClose CommentsPermalink





(c) POLICIES TO BE FOLLOWED BY EXECUTIVE AGENCIES-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) property other than real property in being;CommentsClose CommentsPermalink





(B) services, including research and development; andCommentsClose CommentsPermalink





(C) construction, alteration, repair, or maintenance of real property.CommentsClose CommentsPermalink





(2) PROCEDURES TO ENSURE COMPLIANCE- The Administrator shall establish procedures to ensure compliance with the Federal Acquisition Regulation by all executive agencies.CommentsClose CommentsPermalink





(3) APPLICATION OF OTHER LAWS- The authority of an executive 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.CommentsClose CommentsPermalink





(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 functions 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).CommentsClose CommentsPermalink





(e) OVERSIGHT OF PROCUREMENT REGULATIONS OF OTHER AGENCIES- 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 regulation of any executive agency relating to procurement if the Administrator determines that the rule or regulation is inconsistent with any policies, regulations, or procedures issued pursuant to subsection (b).CommentsClose CommentsPermalink





(f) LIMITATION ON AUTHORITY- The authority of the Administrator under this division shall not be construed to--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(2) interfere with the determination by executive agencies of specific actions in the award or administration of procurement contracts.CommentsClose CommentsPermalink

Sec. 1122. Functions

(a) IN GENERAL- The functions of the Administrator include--CommentsClose CommentsPermalink





(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 developing simplified Government-wide procurement regulations, procedures, and forms;CommentsClose CommentsPermalink





(2) coordinating the development of Government-wide procurement system standards that executive agencies shall implement in their procurement systems;CommentsClose CommentsPermalink





(3) providing leadership and coordination in formulating the executive branch position on legislation relating to procurement;CommentsClose CommentsPermalink





(4)(A) providing for and directing the activities of the computer-based Federal Procurement Data System (including recommending to the Administrator of General Services a sufficient budget for those activities), which shall be located in the General Services Administration, in order to adequately collect, develop, and disseminate procurement data; andCommentsClose CommentsPermalink





(B) ensuring executive agency compliance with the record requirements of section 1712 of this title;CommentsClose CommentsPermalink





(5) providing for and directing the activities of the Federal Acquisition Institute (including recommending to the Administrator of General Services a sufficient budget for those activities), which shall be located in the General Services Administration, in order to--CommentsClose CommentsPermalink





(A) foster and promote the development of a professional acquisition workforce Government-wide;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(D) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge;CommentsClose CommentsPermalink





(E) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields;CommentsClose CommentsPermalink





(F) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities;CommentsClose CommentsPermalink





(G) evaluate the effectiveness of training and career development programs for acquisition personnel;CommentsClose CommentsPermalink





(H) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields;CommentsClose CommentsPermalink





(I) facilitate, to the extent requested by agencies, interagency intern and training programs; andCommentsClose CommentsPermalink





(J) perform other career management or research functions as directed by the Administrator;CommentsClose CommentsPermalink





(6) administering section 1703(a) to (i) of this title;CommentsClose CommentsPermalink





(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, procedures, and forms;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(9) providing for a Government-wide award to recognize and promote vendor excellence;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(11) developing policies, in consultation with the Administrator 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 maximum practicable opportunities to participate in procurements that are conducted for amounts below the simplified acquisition threshold;CommentsClose CommentsPermalink





(12) developing policies that will promote achievement of goals for participation by small businesses, small business concerns owned and controlled by service-disabled veterans, 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; andCommentsClose CommentsPermalink





(13) completing action, as appropriate, on the recommendations of the Commission on Government Procurement.CommentsClose CommentsPermalink





(b) CONSULTATION AND ASSISTANCE- In carrying out the functions in subsection (a), the Administrator--CommentsClose CommentsPermalink





(1) shall consult with the affected executive agencies, including the Small Business Administration;CommentsClose CommentsPermalink





(2) with the concurrence of the heads of affected executive agencies, may designate one or more executive agencies to assist in performing those functions; andCommentsClose CommentsPermalink





(3) may establish advisory committees or other interagency groups to assist in providing for the establishment, development, and maintenance of a single system of simplified Government-wide procurement regulations and to assist in performing any other function the Administrator considers appropriate.CommentsClose CommentsPermalink





(c) ASSIGNMENT, DELEGATION, OR TRANSFER-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) BY ADMINISTRATOR-CommentsClose CommentsPermalink





(A) WITHIN OFFICE- The Administrator may make and authorize delegations within the Office of Federal Procurement Policy that the Administrator determines to be necessary to carry out this division.CommentsClose CommentsPermalink





(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 executive agency or at the direction of the President.CommentsClose CommentsPermalink

Sec. 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--CommentsClose CommentsPermalink





(1) conduct analyses of the impact on small business concerns resulting from revised procurement regulations; andCommentsClose CommentsPermalink





(2) incorporate into revised procurement regulations simplified bidding, contract performance, and contract administration procedures for small business concerns.CommentsClose CommentsPermalink

Sec. 1124. Tests of innovative procurement methods and procedures

(a) IN GENERAL- The Administrator may develop innovative procurement methods and procedures to be tested by selected executive agencies. In developing a program to test innovative procurement methods and procedures under this subsection, the Administrator shall consult with the heads of executive agencies to--CommentsClose CommentsPermalink





(1) ascertain the need for and specify the objectives of the program;CommentsClose CommentsPermalink





(2) develop the guidelines and procedures for carrying out the program and the criteria to be used in measuring the success of the program;CommentsClose CommentsPermalink





(3) evaluate the potential costs and benefits which may be derived from the innovative procurement methods and procedures tested under the program;CommentsClose CommentsPermalink





(4) select the appropriate executive agencies or components of executive agencies to carry out the program;CommentsClose CommentsPermalink





(5) specify the categories and types of products or services to be procured under the program; andCommentsClose CommentsPermalink





(6) develop the methods to be used to analyze the results of the program.CommentsClose CommentsPermalink





(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 agencies selected to carry out the program.CommentsClose CommentsPermalink





(c) REQUEST FOR WAIVER OF LAW- If the Administrator determines that it is necessary to waive the application of a provision of law to carry out a proposed program to test innovative procurement methods and procedures under subsection (a), the Administrator shall transmit notice of the proposed program to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental 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 notification to Congress shall include--CommentsClose CommentsPermalink





(1) a description of the proposed program (including the scope and purpose of the proposed program);CommentsClose CommentsPermalink





(2) the procedures to be followed in carrying out the proposed program;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(4) the executive agencies involved in carrying out the proposed program.CommentsClose CommentsPermalink

Sec. 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.CommentsClose CommentsPermalink





(b) LIMITATION- Subsection (a) does not--CommentsClose CommentsPermalink





(1) permit the Administrator to authorize procurement or supply support, either directly or indirectly, to a recipient of a Federal grant or assistance; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Sec. 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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) policies for ensuring that--CommentsClose CommentsPermalink





(A) offerors are afforded an opportunity to submit relevant 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 governments, and commercial customers; andCommentsClose CommentsPermalink





(B) the information submitted by offerors is considered; andCommentsClose CommentsPermalink





(4) the period for which information on past performance of offerors may be maintained and considered.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Sec. 1127. Determining benchmark compensation amount

(a) DEFINITIONS- In this section:CommentsClose CommentsPermalink





(1) BENCHMARK COMPENSATION AMOUNT- The term ‘benchmark 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.CommentsClose CommentsPermalink





(2) BENCHMARK CORPORATION- The term ‘benchmark corporation’, 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) FISCAL YEAR- The term ‘fiscal year’ means a fiscal year a contractor establishes for accounting purposes.CommentsClose CommentsPermalink





(5) PUBLICLY-OWNED UNITED STATES CORPORATION- The term ‘publicly-owned United States corporation’ means a corporation--CommentsClose CommentsPermalink





(A) organized under the laws of a State of the United States, the District of Columbia, Puerto Rico, or a possession of the United States; andCommentsClose CommentsPermalink





(B) whose voting stock is publicly traded.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) DETERMINING BENCHMARK COMPENSATION AMOUNT- For purposes 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.CommentsClose CommentsPermalink

Sec. 1128. Maintaining necessary capability with respect to acquisition of architectural and engineering services

The Administrator, in consultation with the Secretary of Defense, the Administrator of General Services, and the Director of the Office of Personnel Management, shall develop and implement a plan to ensure that the Federal Government maintains the necessary capability with respect to the acquisition of architectural and engineering services to--CommentsClose CommentsPermalink





(1) ensure that Federal Government employees have the expertise to determine agency requirements for those services;CommentsClose CommentsPermalink





(2) establish priorities and programs, including acquisition plans;CommentsClose CommentsPermalink





(3) establish professional standards;CommentsClose CommentsPermalink





(4) develop scopes of work; andCommentsClose CommentsPermalink





(5) award and administer contracts for those services.CommentsClose CommentsPermalink

Sec. 1129. Center of excellence in contracting for services

The Administrator shall maintain a center of excellence in contracting for services. The center shall assist the acquisition community by identifying, and serving as a clearinghouse for, best practices in contracting for services in the public and private sectors.CommentsClose CommentsPermalink

Sec. 1130. Effect of division on other law

This division does not impair or affect the authorities or responsibilities relating to the procurement of real property conferred by division C of this subtitle and chapters 1 to 11 of title 40.CommentsClose CommentsPermalink

Sec. 1131. Annual report

The Administrator annually shall submit to Congress an assessment of the progress made in executive agencies in implementing the policy regarding major acquisitions that is stated in section 3103(a) of this title. The Administrator shall use data from existing management systems in making the assessment.CommentsClose CommentsPermalink

CHAPTER 13--ACQUISITION COUNCILS

SUBCHAPTER I--FEDERAL ACQUISITION REGULATORY COUNCIL

Sec.CommentsClose CommentsPermalink





1301. Definition.CommentsClose CommentsPermalink





1302. Establishment and membership.CommentsClose CommentsPermalink





1303. Functions and authority.CommentsClose CommentsPermalink





1304. Contract clauses and certifications.CommentsClose CommentsPermalink

SUBCHAPTER II--CHIEF ACQUISITION OFFICERS COUNCIL

1311. Establishment and membership.CommentsClose CommentsPermalink





1312. Functions.CommentsClose CommentsPermalink

SUBCHAPTER I--FEDERAL ACQUISITION REGULATORY COUNCIL

Sec. 1301. Definition

In this subchapter, the term ‘Council’ means the Federal Acquisition Regulatory Council established under section 1302(a) of this title.CommentsClose CommentsPermalink

Sec. 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 regulatory activities in the Federal Government.CommentsClose CommentsPermalink





(b) MEMBERSHIP-CommentsClose CommentsPermalink





(1) MAKEUP OF COUNCIL- The Council consists of--CommentsClose CommentsPermalink





(A) the Administrator;CommentsClose CommentsPermalink





(B) the Secretary of Defense;CommentsClose CommentsPermalink





(C) the Administrator of National Aeronautics and Space; andCommentsClose CommentsPermalink





(D) the Administrator of General Services.CommentsClose CommentsPermalink





(2) DESIGNATION OF OTHER OFFICIALS-CommentsClose CommentsPermalink





(A) OFFICIALS WHO MAY BE DESIGNATED- Notwithstanding 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--CommentsClose CommentsPermalink





(i) the official assigned by statute with the responsibility 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, Technology, and Logistics; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) LIMITATION ON DESIGNATION- No other official or employee may be designated to serve on the Council.CommentsClose CommentsPermalink

Sec. 1303. Functions and authority

(a) FUNCTIONS-CommentsClose CommentsPermalink





(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 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.CommentsClose CommentsPermalink





(2) LIMITATION ON OTHER REGULATIONS- Other regulations relating to procurement issued by an executive agency shall be limited to--CommentsClose CommentsPermalink





(A) regulations essential to implement Government-wide policies and procedures within the agency; andCommentsClose CommentsPermalink





(B) additional policies and procedures required to satisfy the specific and unique needs of the agency.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) REQUEST TO REVIEW REGULATION-CommentsClose CommentsPermalink





(A) BASIS FOR REQUEST- Under procedures the Administrator 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 Acquisition Regulation.CommentsClose CommentsPermalink





(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 determines 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.CommentsClose CommentsPermalink





(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 prescribed 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 policies, the Administrator shall take action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 as may be necessary and appropriate.CommentsClose CommentsPermalink





(6) DECISIONS TO BE IN WRITING AND PUBLICLY AVAILABLE- The decisions of the Administrator shall be in writing and made publicly available.CommentsClose CommentsPermalink





(b) ADDITIONAL RESPONSIBILITIES OF MEMBERSHIP-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) approve or disapprove all regulations relating to procurement that are proposed for public comment, prescribed 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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) eliminate or reduce--CommentsClose CommentsPermalink





(i) any redundant or unnecessary levels of review and approval in the procurement system of that agency; andCommentsClose CommentsPermalink





(ii) redundant or unnecessary procurement regulations which are unique to that agency.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) GOVERNING POLICIES- All actions of the Council and of members of the Council shall be in accordance with and furtherance of the policies prescribed under section 1121(b) of this title.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Sec. 1304. Contract clauses and certifications

(a) REPETITIVE NONSTANDARD CONTRACT CLAUSES DISCOURAGED- The Council shall prescribe regulations to discourage the use of a nonstandard contract clause on a repetitive basis. The regulations shall include provisions that--CommentsClose CommentsPermalink





(1) clearly define what types of contract clauses are to be treated as nonstandard clauses; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) WHEN CERTIFICATION REQUIRED-CommentsClose CommentsPermalink





(1) BY LAW- A provision of law may not be construed as requiring a certification by a contractor or offeror in a procurement made or to be made by the Federal Government unless that provision of law specifically provides that such a certification shall be required.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the certification requirement is specifically imposed by statute; orCommentsClose CommentsPermalink





(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 certification requirement.CommentsClose CommentsPermalink





(3) EXECUTIVE AGENCY PROCUREMENT REGULATION-CommentsClose CommentsPermalink





(A) DEFINITION- In subparagraph (B), the term ‘head of the executive agency’ with respect to a military department means the Secretary of Defense.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the certification requirement is specifically imposed by statute; orCommentsClose CommentsPermalink





(ii) written justification for the certification requirement 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.CommentsClose CommentsPermalink

SUBCHAPTER II--CHIEF ACQUISITION OFFICERS COUNCIL

Sec. 1311. Establishment and membership

(a) ESTABLISHMENT- There is in the executive branch a Chief Acquisition Officers Council.CommentsClose CommentsPermalink





(b) MEMBERSHIP- The members of the Council are--CommentsClose CommentsPermalink





(1) the Deputy Director for Management of the Office of Management and Budget;CommentsClose CommentsPermalink





(2) the Administrator;CommentsClose CommentsPermalink





(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) LEADERSHIP AND SUPPORT-CommentsClose CommentsPermalink





(1) CHAIRMAN- The Deputy Director for Management of the Office of Management and Budget is the Chairman of the Council.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) LEADER OF ACTIVITIES- The Administrator shall lead the activities of the Council on behalf of the Deputy Director for Management.CommentsClose CommentsPermalink





(4) SUPPORT- The Administrator of General Services shall provide administrative and other support for the Council.CommentsClose CommentsPermalink

Sec. 1312. Functions

(a) PRINCIPAL FORUM- The Chief Acquisition Officers Council is the principal interagency forum for monitoring and improving the Federal acquisition system.CommentsClose CommentsPermalink





(b) FUNCTIONS- The Council shall perform functions that include the following:CommentsClose CommentsPermalink





(1) Develop recommendations for the Director of the Office of Management and Budget on Federal acquisition policies and requirements.CommentsClose CommentsPermalink





(2) Share experiences, ideas, best practices, and innovative approaches related to Federal acquisition.CommentsClose CommentsPermalink





(3) Assist the Administrator in the identification, development, and coordination of multiagency projects and other innovative initiatives to improve Federal acquisition.CommentsClose CommentsPermalink





(4) Promote effective business practices that ensure the timely delivery of best value products to the Federal Government and achieve appropriate public policy objectives.CommentsClose CommentsPermalink





(5) Further integrity, fairness, competition, openness, and efficiency in the Federal acquisition system.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

CHAPTER 15--COST ACCOUNTING STANDARDS

Sec.CommentsClose CommentsPermalink





1501. Cost Accounting Standards Board.CommentsClose CommentsPermalink





1502. Cost accounting standards.CommentsClose CommentsPermalink





1503. Contract price adjustment.CommentsClose CommentsPermalink





1504. Effect on other standards and regulations.CommentsClose CommentsPermalink





1505. Examinations.CommentsClose CommentsPermalink





1506. Authorization of appropriations.CommentsClose CommentsPermalink

Sec. 1501. Cost Accounting Standards Board

(a) ORGANIZATION- The Cost Accounting Standards Board is an independent board in the Office of Federal Procurement Policy.CommentsClose CommentsPermalink





(b) MEMBERSHIP-CommentsClose CommentsPermalink





(1) NUMBER OF MEMBERS, CHAIRMAN, AND APPOINTMENT- The Board consists of 5 members. One member is the Administrator, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows:CommentsClose CommentsPermalink





(A) 2 representatives of the Federal Government--CommentsClose CommentsPermalink





(i) one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; andCommentsClose CommentsPermalink





(ii) one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services.CommentsClose CommentsPermalink





(B) 2 individuals from the private sector, each of whom is appointed by the Administrator, and--CommentsClose CommentsPermalink





(i) one of whom is a representative of industry; andCommentsClose CommentsPermalink





(ii) one of whom is particularly knowledgeable about cost accounting problems and systems.CommentsClose CommentsPermalink





(2) TERM OF OFFICE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) SENIOR STAFF- The Administrator, after consultation with the Board, may--CommentsClose CommentsPermalink





(1) appoint an executive secretary and 2 additional staff members without regard to the provisions of title 5 governing appointments in the competitive service; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) OTHER STAFF- The Administrator may appoint, fix the compensation of, and remove additional employees of the Board under the applicable provisions of title 5.CommentsClose CommentsPermalink





(e) DETAILED AND TEMPORARY PERSONNEL- For service on advisory committees and task forces to assist the Board in carrying out its functions and responsibilities--CommentsClose CommentsPermalink





(1) the Board, with the consent of the head of a Federal agency, may use, without reimbursement, personnel of that agency; andCommentsClose CommentsPermalink





(2) the Administrator, after consultation with the Board, may procure temporary and intermittent services of personnel under section 3109(b) of title 5.CommentsClose CommentsPermalink





(f) COMPENSATION-CommentsClose CommentsPermalink





(1) OFFICERS AND EMPLOYEES OF THE GOVERNMENT- Members 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.CommentsClose CommentsPermalink





(2) APPOINTEES FROM PRIVATE SECTOR- Each member of the Board appointed from the private sector shall receive compensation 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.CommentsClose CommentsPermalink





(3) TEMPORARY AND INTERMITTENT PERSONNEL- An individual 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Sec. 1502. Cost accounting standards

(a) AUTHORITY-CommentsClose CommentsPermalink





(1) COST ACCOUNTING STANDARDS BOARD- The Cost Accounting Standards Board has exclusive authority to prescribe, amend, and rescind cost accounting standards, and 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.CommentsClose CommentsPermalink





(2) ADMINISTRATOR FOR FEDERAL PROCUREMENT POLICY- The Administrator, after consultation with the Board, shall prescribe 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.CommentsClose CommentsPermalink





(b) MANDATORY USE OF STANDARDS-CommentsClose CommentsPermalink





(1) SUBCONTRACT-CommentsClose CommentsPermalink





(A) DEFINITION- In this paragraph, the term ‘subcontract’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor.CommentsClose CommentsPermalink





(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 Federal Government in excess of the amount set forth in section 2306a(a)(1)(A)(i) of title 10 as the amount is adjusted in accordance with applicable requirements of law.CommentsClose CommentsPermalink





(C) NONAPPLICATION OF STANDARDS- Subparagraph (B) does not apply to--CommentsClose CommentsPermalink





(i) a contract or subcontract for the acquisition of a commercial item;CommentsClose CommentsPermalink





(ii) a contract or subcontract where the price negotiated is based on a price set by law or regulation;CommentsClose CommentsPermalink





(iii) a firm, fixed-price contract or subcontract awarded on the basis of adequate price competition without submission of certified cost or pricing data; orCommentsClose CommentsPermalink





(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 subcontractor 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.CommentsClose CommentsPermalink





(2) EXEMPTIONS AND WAIVERS BY BOARD- The Board may--CommentsClose CommentsPermalink





(A) exempt classes of contractors and subcontractors from the requirements of this chapter; andCommentsClose CommentsPermalink





(B) establish procedures for the waiver of the requirements of this chapter for individual contracts and subcontracts.CommentsClose CommentsPermalink





(3) WAIVER BY HEAD OF EXECUTIVE AGENCY-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) is primarily engaged in the sale of commercial items; andCommentsClose CommentsPermalink





(ii) would not otherwise be subject to the cost accounting standards under this section.CommentsClose CommentsPermalink





(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 applicability of the standards under this subparagraph shall be set forth in writing and shall include a statement of the circumstances justifying the waiver.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) CONTENTS OF FEDERAL ACQUISITION REGULATION- The Federal Acquisition Regulation shall include--CommentsClose CommentsPermalink





(i) criteria for selecting an official to be delegated authority to grant waivers under subparagraph (A) or (B); andCommentsClose CommentsPermalink





(ii) the specific circumstances under which the waiver may be granted.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) REQUIRED BOARD ACTION FOR PRESCRIBING STANDARDS AND INTERPRETATIONS- Before prescribing cost accounting standards and interpretations, the Board shall--CommentsClose CommentsPermalink





(1) take into account, after consultation and discussions with the Comptroller General, professional accounting organizations, contractors, and other interested parties--CommentsClose CommentsPermalink





(A) the probable costs of implementation, including any inflationary effects, compared to the probable benefits;CommentsClose CommentsPermalink





(B) the advantages, disadvantages, and improvements anticipated in the pricing and administration of, and settlement of disputes concerning, contracts; andCommentsClose CommentsPermalink





(C) the scope of, and alternatives available to, the action proposed to be taken;CommentsClose CommentsPermalink





(2) prepare and publish a report in the Federal Register on the issues reviewed under paragraph (1);CommentsClose CommentsPermalink





(3)(A) publish an advanced notice of proposed rulemaking in the Federal Register to solicit comments on the report prepared under paragraph (2);CommentsClose CommentsPermalink





(B) provide all parties affected at least 60 days after publication to submit their views and comments; andCommentsClose CommentsPermalink





(C) during the 60-day period, consult with the Comptroller General and consider any recommendation the Comptroller General may make; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) EFFECTIVE DATES- Rules, regulations, cost accounting standards, 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 the beginning of the second fiscal year of the contractor or subcontractor after the standard becomes effective.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) IMPLEMENTING REGULATIONS- The Board shall prescribe regulations for the implementation of cost accounting standards prescribed 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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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 contractor’s or subcontractor’s cost accounting practices or a failure by the contractor or subcontractor to comply with applicable cost accounting standards.CommentsClose CommentsPermalink





(g) NONAPPLICABILITY OF CERTAIN SECTIONS OF TITLE 5- Functions exercised under this chapter are not subject to sections 551, 553 to 559, and 701 to 706 of title 5.CommentsClose CommentsPermalink

Sec. 1503. Contract price adjustment

Sec. 1504. Effect on other standards and regulations

(a) PREVIOUSLY EXISTING STANDARDS- All cost accounting standards, waivers, exemptions, interpretations, modifications, rules, and regulations prescribed by the Cost Accounting Standards Board under section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168)--CommentsClose CommentsPermalink





(1) remain in effect until amended, superseded, or rescinded by the Board under this chapter; andCommentsClose CommentsPermalink





(2) are subject to the provisions of this division in the same manner as if prescribed by the Board under this division.CommentsClose CommentsPermalink





(b) INCONSISTENT AGENCY REGULATIONS- To ensure that a regulation or proposed regulation of an executive agency is not inconsistent with a cost accounting standard prescribed or amended under this chapter, the Administrator, under the authority in sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, shall rescind or deny the promulgation of the inconsistent regulation or proposed regulation and take other appropriate action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305.CommentsClose CommentsPermalink





(c) COSTS NOT SUBJECT TO DIFFERENT STANDARDS- Costs that are the subject of cost accounting standards prescribed under this chapter are not subject to regulations established by another executive agency that differ from those standards with respect to the measurement, assignment, and allocation of those costs.CommentsClose CommentsPermalink

Sec. 1505. Examinations

To determine whether a contractor or subcontractor has complied with cost accounting standards prescribed under this chapter and has followed consistently the contractor’s or subcontractor’s disclosed cost accounting practices, an authorized representative of the head of the agency concerned, of the offices of inspector general established under the Inspector General Act of 1978 (5 U.S.C. App.), or of the Comptroller General shall have the right to examine and copy documents, papers, or records of the contractor or subcontractor relating to compliance with the standards.CommentsClose CommentsPermalink

Sec. 1506. Authorization of appropriations

Necessary amounts may be appropriated to carry out this chapter.CommentsClose CommentsPermalink

CHAPTER 17--AGENCY RESPONSIBILITIES AND PROCEDURES

Sec.CommentsClose CommentsPermalink





1701. Cooperation with the Administrator.CommentsClose CommentsPermalink





1702. Chief Acquisition Officers and senior procurement executives.CommentsClose CommentsPermalink





1703. Acquisition workforce.CommentsClose CommentsPermalink





1704. Planning and policy-making for acquisition workforce.CommentsClose CommentsPermalink





1705. Advocates for competition.CommentsClose CommentsPermalink





1706. Personnel evaluation.CommentsClose CommentsPermalink





1707. Publication of proposed regulations.CommentsClose CommentsPermalink





1708. Procurement notice.CommentsClose CommentsPermalink





1709. Contracting functions performed by Federal personnel.CommentsClose CommentsPermalink





1710. Public-private competition required before conversion to contractor performance.CommentsClose CommentsPermalink





1711. Value engineering.CommentsClose CommentsPermalink





1712. Record requirements.CommentsClose CommentsPermalink





1713. Procurement data.CommentsClose CommentsPermalink

Sec. 1701. Cooperation with the Administrator

On the request of the Administrator, each executive agency shall--CommentsClose CommentsPermalink





(1) make its services, personnel, and facilities available to the Office of Federal Procurement Policy to the greatest practicable extent for the performance of functions under this division; andCommentsClose CommentsPermalink





(2) except when prohibited by law, furnish to the Administrator, and give the Administrator access to, all information and records in its possession that the Administrator may determine to be necessary for the performance of the functions of the Office.CommentsClose CommentsPermalink

Sec. 1702. Chief Acquisition Officers and senior procurement executives

Sec. 1703. Acquisition workforce

(a) DESCRIPTION- For purposes of this section, the acquisition workforce of an agency consists of all employees serving in acquisition positions listed in subsection (g)(1)(A).CommentsClose CommentsPermalink





(b) APPLICABILITY-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) APPLICABILITY OF PROGRAMS- The programs established by this section apply to the acquisition workforce of each executive agency.CommentsClose CommentsPermalink





(c) MANAGEMENT POLICIES-CommentsClose CommentsPermalink





(1) DUTIES OF HEAD OF EXECUTIVE AGENCY-CommentsClose CommentsPermalink





(A) ESTABLISH POLICIES AND PROCEDURES- After consultation with the Administrator, the head of each executive 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.CommentsClose CommentsPermalink





(B) ENSURE UNIFORM IMPLEMENTATION- The head of each executive agency shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established are uniform in their implementation throughout the agency.CommentsClose CommentsPermalink





(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 program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Administrator shall coordinate with the Deputy Director for Management 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, pursuant to section 5051(c) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355, 108 Stat. 3351). The Administrator shall evaluate the implementation of this section by executive agencies.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) COLLECTING AND MAINTAINING INFORMATION- The Administrator 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 practicable, information requirements shall conform to standards the Director of the Office of Personnel Management establishes for the Central Personnel Data File.CommentsClose CommentsPermalink





(f) CAREER DEVELOPMENT-CommentsClose CommentsPermalink





(1) CAREER PATHS-CommentsClose CommentsPermalink





(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 assignments necessary for career progression to the most senior acquisition positions. The head of each executive agency shall make available information on those career paths.CommentsClose CommentsPermalink





(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 competent 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 identified by the Director of the Federal Acquisition Institute.CommentsClose CommentsPermalink





(C) MANDATORY TRAINING AND EDUCATION- For each career path, the head of each executive agency shall establish 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 maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-developmental activities.CommentsClose CommentsPermalink





(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 performance of employees who contribute to achieving the agency’s performance goals. The system of incentives shall include provisions that--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(g) QUALIFICATION REQUIREMENTS-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Administrator shall--CommentsClose CommentsPermalink





(A) establish qualification requirements, including education requirements, for--CommentsClose CommentsPermalink





(i) entry-level positions in the General Schedule Contracting series (GS-1102);CommentsClose CommentsPermalink





(ii) senior positions in the General Schedule Contracting series (GS-1102);CommentsClose CommentsPermalink





(iii) all positions in the General Schedule Purchasing series (GS-1105); andCommentsClose CommentsPermalink





(iv) positions in other General Schedule series in which significant acquisition-related functions are performed; andCommentsClose CommentsPermalink





(B) prescribe the manner and extent to which the qualification requirements shall apply to an individual serving in a position described in subparagraph (A) at the time the requirements are established.CommentsClose CommentsPermalink





(2) RELATIONSHIP TO REQUIREMENTS APPLICABLE TO DEFENSE ACQUISITION WORKFORCE- The Administrator shall establish qualification requirements and make prescriptions under paragraph (1) that are comparable to those established for the same or equivalent positions pursuant to chapter 87 of title 10 with appropriate modifications.CommentsClose CommentsPermalink





(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 Management for approval. The Director is deemed to have approved the requirement or prescription if the Director does not disapprove the requirement or prescription within 30 days after receiving it.CommentsClose CommentsPermalink





(h) EDUCATION AND TRAINING-CommentsClose CommentsPermalink





(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 justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) RESTRICTED OBLIGATION- Amounts appropriated for education and training under this section may not be obligated for another purpose.CommentsClose CommentsPermalink





(i) TRAINING FUND-CommentsClose CommentsPermalink





(1) PURPOSES- The purposes of this subsection are to ensure that the Federal acquisition workforce--CommentsClose CommentsPermalink





(A) adapts to fundamental changes in the nature of Federal Government acquisition of property and services associated with the changing roles of the Federal Government; andCommentsClose CommentsPermalink





(B) acquires new skills and a new perspective to enable it to contribute effectively in the changing environment of the 21st century.CommentsClose CommentsPermalink





(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 paragraph (5). The Administrator of General Services shall consult with the Administrator in managing the fund.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Government-wide task and delivery-order contracts entered into under sections 4103 and 4105 of this title.CommentsClose CommentsPermalink





(B) Government-wide contracts for the acquisition of information technology as defined in section 11101 of title 40 and multiagency acquisition contracts for that technology authorized by section 11314 of title 40.CommentsClose CommentsPermalink





(C) multiple-award schedule contracts entered into by the Administrator of General Services.CommentsClose CommentsPermalink





(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 Administration the amount required to be credited to the fund with respect to the contract at the end of each quarter of the fiscal year.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(7) AMOUNTS ARE IN ADDITION TO OTHER AMOUNTS FOR EDUCATION 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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(j) RECRUITMENT PROGRAM-CommentsClose CommentsPermalink





(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 shortage category positions in order to use the authorities in those sections to recruit and appoint highly qualified individuals directly to those positions in the department or agency.CommentsClose CommentsPermalink





(2) TERMINATION OF AUTHORITY- The head of a department or agency may not appoint an individual to a position of employment under this subsection after September 30, 2012.CommentsClose CommentsPermalink





(k) REEMPLOYMENT WITHOUT LOSS OF ANNUITY-CommentsClose CommentsPermalink





(1) ESTABLISHMENT OF POLICIES AND PROCEDURES- The head of each executive agency, after consultation with the Administrator 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.CommentsClose CommentsPermalink





(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 continue an annuity if any of the following makes the reemployment of an individual essential:CommentsClose CommentsPermalink





(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 individual’s service.CommentsClose CommentsPermalink





(B) The exceptional difficulty in recruiting or retaining a qualified employee.CommentsClose CommentsPermalink





(C) A temporary emergency hiring need.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) REPORTING REQUIREMENT- The Administrator shall submit annually to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the use of the authority under this subsection, including the number of employees reemployed under authority of this subsection.CommentsClose CommentsPermalink





(5) SUNSET PROVISION- The authority under this subsection expires on December 31, 2011.CommentsClose CommentsPermalink

Sec. 1704. Planning and policy-making for acquisition workforce

Sec. 1705. Advocates for competition

(a) ESTABLISHMENT AND DESIGNATION-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- Each executive agency has an advocate for competition.CommentsClose CommentsPermalink





(2) DESIGNATION- The head of each executive agency shall--CommentsClose CommentsPermalink





(A) designate for the executive agency and for each procuring 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;CommentsClose CommentsPermalink





(B) not assign those officers or employees duties or responsibilities that are inconsistent with the duties and responsibilities of the advocates for competition; andCommentsClose CommentsPermalink





(C) provide those officers or employees with the staff or assistance necessary to carry out the duties and responsibilities of the advocate for competition, such as individuals who are specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small and disadvantaged business concerns.CommentsClose CommentsPermalink





(b) DUTIES AND FUNCTIONS- The advocate for competition of an executive agency shall--CommentsClose CommentsPermalink





(1) be responsible for challenging barriers to, and promoting full and open competition in, the procurement of property and services by the executive agency;CommentsClose CommentsPermalink





(2) review the procurement activities of the executive agency;CommentsClose CommentsPermalink





(3) identify and report to the senior procurement executive of the executive agency--CommentsClose CommentsPermalink





(A) opportunities and actions taken to achieve full and open competition in the procurement activities of the executive agency; andCommentsClose CommentsPermalink





(B) any condition or action which has the effect of unnecessarily restricting competition in the procurement actions of the executive agency;CommentsClose CommentsPermalink





(4) prepare and transmit to the senior procurement executive an annual report describing--CommentsClose CommentsPermalink





(A) the advocate’s activities under this section;CommentsClose CommentsPermalink





(B) new initiatives required to increase competition; andCommentsClose CommentsPermalink





(C) remaining barriers to full and open competition;CommentsClose CommentsPermalink





(5) recommend to the senior procurement executive--CommentsClose CommentsPermalink





(A) goals and the plans for increasing competition on a fiscal year basis; andCommentsClose CommentsPermalink





(B) a system of personal and organizational accountability for competition, which may include the use of recognition and awards to motivate program managers, contracting officers, and others in authority to promote competition in procurement programs; andCommentsClose CommentsPermalink





(6) describe other ways in which the executive agency has emphasized competition in programs for procurement training and research.CommentsClose CommentsPermalink





(c) RESPONSIBILITIES- The advocate for competition for each procuring activity is responsible for promoting full and open competition, promoting the acquisition of commercial items, and challenging barriers to acquisition, including unnecessarily restrictive statements of need, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.CommentsClose CommentsPermalink

Sec. 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--CommentsClose CommentsPermalink





(1) increase competition and achieve cost savings through the elimination of procedures that unnecessarily inhibit full and open competition;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(3) further other objectives and purposes of the Federal acquisition system authorized by law.CommentsClose CommentsPermalink

Sec. 1707. Publication of proposed regulations