[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1107 Enrolled Bill (ENR)]
H.R.1107
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To enact certain laws relating to public contracts as title 41, United
States Code, ``Public Contracts''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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The table of contents for this Act is as follows:

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(a) Purpose.--The purpose of this Act is to enact certain laws
relating to public contracts as title 41, United States Code, ``Public
Contracts''.
(b) Conformity With Original Intent.--In the codification of laws by
this Act, the intent is to conform to the understood policy, intent,
and purpose of Congress in the original enactments, with such
amendments and corrections as will remove ambiguities, 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)).

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Certain general and permanent laws of the United States, related to
public contracts, are revised, codified, and enacted as title 41,
United States Code, ``Public Contracts'', as follows:
TITLE 41--PUBLIC CONTRACTS
Subtitle                                                            Sec.
FEDERAL PROCUREMENT POLICY...........................................101
OTHER ADVERTISING AND CONTRACT PROVISIONS...........................6101
CONTRACT DISPUTES...................................................7101
MISCELLANEOUS.......................................................8101
Subtitle I--Federal Procurement Policy
Chapter                                                             Sec.
Definitions..........................................................101
Establishment of Office and Authority and Functions of Administrator1101
Acquisition Councils................................................1301
Cost Accounting Standards...........................................1501
Agency Responsibilities and Procedures..............................1701
Simplified Acquisition Procedures...................................1901
Restrictions on Obtaining and Disclosing Certain Information........2101
Miscellaneous.......................................................2301
General.............................................................3101
Planning and Solicitation...........................................3301
Truthful Cost or Pricing Data.......................................3501
Awarding of Contracts...............................................3701
Specific Types of Contracts.........................................3901
Task and Delivery Order Contracts...................................4101
Allowable Costs.....................................................4301
Contract Financing..................................................4501
Miscellaneous.......................................................4701
CHAPTER 1--DEFINITIONS
SUBCHAPTER I--SUBTITLE DEFINITIONS
Sec.
101.  Administrator.
102.  Commercial component.
103.  Commercial item.
104.  Commercially available off-the-shelf item.
105.  Component.
106.  Federal Acquisition Regulation.
107.  Full and open competition.
108.  Item and item of supply.
109.  Major system.
110.  Nondevelopmental item.
111.  Procurement.
112.  Procurement system.
113.  Responsible source.
114.  Standards.
115.  Supplies.
116.  Technical data.
SUBCHAPTER II--DIVISION B DEFINITIONS
131.  Acquisition.
132.  Competitive procedures.
133.  Executive agency.
134.  Simplified acquisition threshold.
SUBCHAPTER III--DIVISION C DEFINITIONS
151.  Agency head.
152.  Competitive procedures.
153.  Simplified acquisition threshold for contract in support of
humanitarian or peacekeeping operation.
SUBCHAPTER I--SUBTITLE DEFINITIONS

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In this subtitle, the term ``Administrator'' means the Administrator
for Federal Procurement Policy appointed under section 1102 of this
title.

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In this subtitle, the term ``commercial component'' means a component
that is a commercial item.

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In this subtitle, the term ``commercial item'' means--
(1) an item, other than real property, that--
(A) is of a type customarily used by the general public or by
nongovernmental entities for purposes other than governmental
purposes; and
(B) has been sold, leased, or licensed, or offered for sale,
lease, or license, to the general public;
(2) an item that--
(A) evolved from an item described in paragraph (1) through
advances in technology or performance; and
(B) is not yet available in the commercial marketplace but
will be available in the commercial marketplace in time to
satisfy the delivery requirements under a Federal Government
solicitation;
(3) an item that would satisfy the criteria in paragraph (1) or
(2) were it not for--
(A) modifications of a type customarily available in the
commercial marketplace; or
(B) minor modifications made to meet Federal Government
requirements;
(4) any combination of items meeting the requirements of
paragraph (1), (2), (3), or (5) that are of a type customarily
combined and sold in combination to the general public;
(5) installation services, maintenance services, repair services,
training services, and other services if--
(A) those services are procured for support of an item
referred to in paragraph (1), (2), (3), or (4), regardless of
whether the services are provided by the same source or at the
same time as the item; and
(B) the source of the services provides similar services
contemporaneously to the general public under terms and
conditions similar to those offered to the Federal Government;
(6) services offered and sold competitively, in substantial
quantities, in the commercial marketplace based on established
catalog or market prices for specific tasks performed or specific
outcomes to be achieved and under standard commercial terms and
conditions;
(7) any item, combination of items, or service referred to in
paragraphs (1) to (6) even though the item, combination of items,
or service is transferred between or among separate divisions,
subsidiaries, or affiliates of a contractor; or
(8) a nondevelopmental item if the procuring agency determines,
in accordance with conditions in the Federal Acquisition
Regulation, that the item was developed exclusively at private
expense and has been sold in substantial quantities, on a
competitive basis, to multiple State and local governments.

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In this subtitle, the term ``commercially available off-the-shelf
item''--
(1) means an item that--
(A) is a commercial item (as described in section 103(1) of
this title);
(B) is sold in substantial quantities in the commercial
marketplace; and
(C) is offered to the Federal Government, without
modification, in the same form in which it is sold in the
commercial marketplace; but
(2) does not include bulk cargo, as defined in section 40102(4)
of title 46, such as agricultural products and petroleum products.

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In this subtitle, the term ``component'' means an item supplied to
the Federal Government as part of an end item or of another component.

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In this subtitle, the term ``Federal Acquisition Regulation'' means
the regulation issued under section 1303(a)(1) of this title.

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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.

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In this subtitle, the terms ``item'' and ``item of supply''--
(1) mean an individual part, component, subassembly, assembly, or
subsystem integral to a major system, and other property which may
be replaced during the service life of the system, including spare
parts and replenishment spare parts; but
(2) do not include packaging or labeling associated with shipment
or identification of an item.

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(a) In General.--In this subtitle, the term ``major system'' means a
combination of elements that will function together to produce the
capabilities required to fulfill a mission need. These elements may
include hardware, equipment, software, or a combination of hardware,
equipment, and software, but do not include construction or other
improvements to real property.
(b) System Deemed To Be Major System.--A system is deemed to be a
major system if--
(1) the Department of Defense is responsible for the system and
the total expenditures for research, development, testing, and
evaluation for the system are estimated to exceed $75,000,000
(based on fiscal year 1980 constant dollars) or the eventual total
expenditure for procurement exceeds $300,000,000 (based on fiscal
year 1980 constant dollars);
(2) a civilian agency is responsible for the system and total
expenditures for the system are estimated to exceed the greater of
$750,000 (based on fiscal year 1980 constant dollars) or the dollar
threshold for a major system established by the agency pursuant to
Office of Management and Budget (OMB) Circular A-109, entitled
``Major Systems Acquisitions''; or
(3) the head of the agency responsible for the system designates
the system a major system.

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In this subtitle, the term ``nondevelopmental item'' means--
(1) a commercial item;
(2) a previously developed item of supply that is in use by a
department or agency of the Federal Government, a State or local
government, or a foreign government with which the United States
has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that
requires only minor modification or modification of the type
customarily available in the commercial marketplace to meet the
requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet
the requirements of paragraph (1), (2), or (3) solely because the
item is not yet in use.

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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.

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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.

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In this subtitle, the term ``responsible source'' means a prospective
contractor that--
(1) has adequate financial resources to perform the contract or
the ability to obtain those resources;
(2) is able to comply with the required or proposed delivery or
performance schedule, taking into consideration all existing
commercial and Government business commitments;
(3) has a satisfactory performance record;
(4) has a satisfactory record of integrity and business ethics;
(5) has the necessary organization, experience, accounting and
operational controls, and technical skills, or the ability to
obtain the organization, experience, controls, and skills;
(6) has the necessary production, construction, and technical
equipment and facilities, or the ability to obtain the equipment
and facilities; and
(7) is otherwise qualified and eligible to receive an award under
applicable laws and regulations.

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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.

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In this subtitle, the term ``supplies'' has the same meaning as the
terms ``item'' and ``item of supply''.

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In this subtitle, the term ``technical data''--
(1) means recorded information (regardless of the form or method
of the recording) of a scientific or technical nature (including
computer software documentation) relating to supplies procured by
an agency; but
(2) does not include computer software or financial,
administrative, cost or pricing, or management data or other
information incidental to contract administration.
SUBCHAPTER II--DIVISION B DEFINITIONS

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In division B, the term ``acquisition''--
(1) means the process of acquiring, with appropriated amounts, by
contract for purchase or lease, property or services (including
construction) that support the missions and goals of an executive
agency, from the point at which the requirements of the executive
agency are established in consultation with the chief acquisition
officer of the executive agency; and
(2) includes--
(A) the process of acquiring property or services that are
already in existence, or that must be created, developed,
demonstrated, and evaluated;
(B) the description of requirements to satisfy agency needs;
(C) solicitation and selection of sources;
(D) award of contracts;
(E) contract performance;
(F) contract financing;
(G) management and measurement of contract performance
through final delivery and payment; and
(H) technical and management functions directly related to
the process of fulfilling agency requirements by contract.

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

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In division B, the term ``executive agency'' means--
(1) an executive department specified in section 101 of title 5;
(2) a military department specified in section 102 of title 5;
(3) an independent establishment as defined in section 104(1) of
title 5; and
(4) a wholly owned Government corporation fully subject to
chapter 91 of title 31.

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In division B, the term ``simplified acquisition threshold'' means
$100,000.
SUBCHAPTER III--DIVISION C DEFINITIONS

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In division C, the term ``agency head'' means the head or any
assistant head of an executive agency, and may at the option of the
Administrator of General Services include the chief official of any
principal organizational unit of the General Services Administration.

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In division C, the term ``competitive procedures'' means procedures
under which an executive agency enters into a contract pursuant to full
and open competition. The term also includes--
(1) procurement of architectural or engineering services
conducted in accordance with chapter 11 of title 40;
(2) the competitive selection of basic research proposals
resulting from a general solicitation and the peer review or
scientific review (as appropriate) of those proposals;
(3) the procedures established by the Administrator of General
Services for the multiple awards schedule program of the General
Services Administration if--
(A) participation in the program has been open to all
responsible sources; and
(B) orders and contracts under those procedures result in the
lowest overall cost alternative to meet the needs of the
Federal Government;
(4) procurements conducted in furtherance of section 15 of the
Small Business Act (15 U.S.C. 644) as long as all responsible
business concerns that are entitled to submit offers for those
procurements are permitted to compete; and
(5) a competitive selection of research proposals resulting from
a general solicitation and peer review or scientific review (as
appropriate) solicited pursuant to section 9 of that Act (15 U.S.C.
638).

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humanitarian or peacekeeping operation
(1) In general.--In division C, the term ``simplified acquisition
threshold'' has the meaning provided that term in section 134 of this
title, except that, in the case of a contract to be awarded and
performed, or purchase to be made, outside the United States in support
of a humanitarian or peacekeeping operation, the term means an amount
equal to two times the amount specified for that term in section 134 of
this title.
(2) Definition.--In paragraph (1), the term ``humanitarian or
peacekeeping operation'' means a military operation in support of the
provision of humanitarian or foreign disaster assistance or in support
of a peacekeeping operation under chapter VI or VII of the Charter of
the United Nations. The term does not include routine training, force
rotation, or stationing.
CHAPTER 11--ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF
ADMINISTRATOR
SUBCHAPTER I--GENERAL
Sec.
1101.  Office of Federal Procurement Policy.
1102.  Administrator.
SUBCHAPTER II--AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
1121.  General authority.
1122.  Functions.
1123.  Small business concerns.
1124.  Tests of innovative procurement methods and procedures.
1125.  Recipients of Federal grants or assistance.
1126.  Policy regarding consideration of contractor past performance.
1127.  Determining benchmark compensation amount.
1128.  Maintaining necessary capability with respect to acquisition of
architectural and engineering services.
1129.  Center of excellence in contracting for services.
1130.  Effect of division on other law.
1131.  Annual report.
SUBCHAPTER I--GENERAL

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(a) Organization.--There is an Office of Federal Procurement Policy
in the Office of Management and Budget.
(b) Purposes.--The purposes of the Office of Federal Procurement
Policy are to--
(1) provide overall direction of Government-wide procurement
policies, regulations, procedures, and forms for executive
agencies; and
(2) promote economy, efficiency, and effectiveness in the
procurement of property and services by the executive branch of the
Federal Government.
(c) Authorization of Appropriations.--Necessary amounts may be
appropriated each fiscal year for the Office of Federal Procurement
Policy to carry out the responsibilities of the Office for that fiscal
year.

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(a) Head of Office.--The head of the Office of Federal Procurement
Policy is the Administrator for Federal Procurement Policy.
(b) Appointment.--The Administrator is appointed by the President, by
and with the advice and consent of the Senate.
SUBCHAPTER II--AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR

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(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.
(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.
(c) Policies To Be Followed by Executive Agencies.--
(1) Areas of procurement for which policies are to be followed.--
The policies implemented in the Federal Acquisition Regulation
shall be followed by executive agencies in the procurement of--
(A) property other than real property in being;
(B) services, including research and development; and
(C) construction, alteration, repair, or maintenance of real
property.
(2) Procedures to ensure compliance.--The Administrator shall
establish procedures to ensure compliance with the Federal
Acquisition Regulation by all executive agencies.
(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.
(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).
(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).
(f) Limitation on Authority.--The authority of the Administrator
under this division shall not be construed to--
(1) impair or interfere with the determination by executive
agencies of their need for, or their use of, specific property,
services, or construction, including particular specifications for
the property, services, or construction; or
(2) interfere with the determination by executive agencies of
specific actions in the award or administration of procurement
contracts.

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(a) In General.--The functions of the Administrator include--
(1) providing leadership and ensuring action by the executive
agencies in establishing, developing, and maintaining the single
system of simplified Government-wide procurement regulations and
resolving differences among the executive agencies in developing
simplified Government-wide procurement regulations, procedures, and
forms;
(2) coordinating the development of Government-wide procurement
system standards that executive agencies shall implement in their
procurement systems;
(3) providing leadership and coordination in formulating the
executive branch position on legislation relating to procurement;
(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; and
(B) ensuring executive agency compliance with the record
requirements of section 1712 of this title;
(5) providing for and directing the activities of the Federal
Acquisition Institute (including recommending to the Administrator
of General Services a sufficient budget for those activities),
which shall be located in the General Services Administration, in
order to--
(A) foster and promote the development of a professional
acquisition workforce Government-wide;
(B) promote and coordinate Government-wide research and
studies to improve the procurement process and the laws,
policies, methods, regulations, procedures, and forms relating
to acquisition by the executive agencies;
(C) collect data and analyze acquisition workforce data from
the Office of Personnel Management, from the heads of executive
agencies, and, through periodic surveys, from individual
employees;
(D) periodically analyze acquisition career fields to
identify critical competencies, duties, tasks, and related
academic prerequisites, skills, and knowledge;
(E) coordinate and assist agencies in identifying and
recruiting highly qualified candidates for acquisition fields;
(F) develop instructional materials for acquisition personnel
in coordination with private and public acquisition colleges
and training facilities;
(G) evaluate the effectiveness of training and career
development programs for acquisition personnel;
(H) promote the establishment and utilization of academic
programs by colleges and universities in acquisition fields;
(I) facilitate, to the extent requested by agencies,
interagency intern and training programs; and
(J) perform other career management or research functions as
directed by the Administrator;
(6) administering section 1703(a) to (i) of this title;
(7) establishing criteria and procedures to ensure the effective
and timely solicitation of the viewpoints of interested parties in
the development of procurement policies, regulations, procedures,
and forms;
(8) developing standard contract forms and contract language in
order to reduce the Federal Government's cost of procuring property
and services and the private sector's cost of doing business with
the Federal Government;
(9) providing for a Government-wide award to recognize and
promote vendor excellence;
(10) providing for a Government-wide award to recognize and
promote excellence in officers and employees of the Federal
Government serving in procurement-related positions;
(11) developing policies, in consultation with the 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;
(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; and
(13) completing action, as appropriate, on the recommendations of
the Commission on Government Procurement.
(b) Consultation and Assistance.--In carrying out the functions in
subsection (a), the Administrator--
(1) shall consult with the affected executive agencies, including
the Small Business Administration;
(2) with the concurrence of the heads of affected executive
agencies, may designate one or more executive agencies to assist in
performing those functions; and
(3) may establish advisory committees or other interagency groups
to assist in providing for the establishment, 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.
(c) Assignment, Delegation, or Transfer.--
(1) To administrator.--Except as otherwise provided by law, only
duties, functions, or responsibilities expressly assigned by this
division shall be assigned, delegated, or transferred to the
Administrator.
(2) By administrator.--
(A) Within office.--The Administrator may make and authorize
delegations within the Office of Federal Procurement Policy
that the Administrator determines to be necessary to carry out
this division.
(B) To another executive agency.--The Administrator may
delegate, and authorize successive redelegations of, an
authority, function, or power of the Administrator under this
division (other than the authority to provide overall direction
of Federal procurement policy and to prescribe policies and
regulations to carry out the policy) to another executive
agency with the consent of the head of the executive agency or
at the direction of the President.

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In formulating the Federal Acquisition Regulation and procedures to
ensure compliance with the Regulation, the Administrator, in
consultation with the Small Business Administration, shall--
(1) conduct analyses of the impact on small business concerns
resulting from revised procurement regulations; and
(2) incorporate into revised procurement regulations simplified
bidding, contract performance, and contract administration
procedures for small business concerns.

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(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--
(1) ascertain the need for and specify the objectives of the
program;
(2) develop the guidelines and procedures for carrying out the
program and the criteria to be used in measuring the success of the
program;
(3) evaluate the potential costs and benefits which may be
derived from the innovative procurement methods and procedures
tested under the program;
(4) select the appropriate executive agencies or components of
executive agencies to carry out the program;
(5) specify the categories and types of products or services to
be procured under the program; and
(6) develop the methods to be used to analyze the results of the
program.
(b) Approval of Executive Agencies Required.--A program to test
innovative procurement methods and procedures may not be carried out
unless approved by the heads of the executive agencies selected to
carry out the program.
(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--
(1) a description of the proposed program (including the scope
and purpose of the proposed program);
(2) the procedures to be followed in carrying out the proposed
program;
(3) the provisions of law affected and the application of any
provision of law that must be waived in order to carry out the
proposed program; and
(4) the executive agencies involved in carrying out the proposed
program.

2a721f82a59582c68b44c184951bd7752a1f3473b96e10bca699f33d698d2a55

(a) Authority.--With due regard to applicable laws and the program
activities of the executive agencies administering Federal programs of
grants or assistance, the Administrator may prescribe Government-wide
policies, regulations, procedures, and forms that the Administrator
considers appropriate and that executive agencies shall follow in
providing for the procurement, to the extent required under those
programs, of property or services referred to in section 1121(c)(1) of
this title by recipients of Federal grants or assistance under the
programs.
(b) Limitation.--Subsection (a) does not--
(1) permit the Administrator to authorize procurement or supply
support, either directly or indirectly, to a recipient of a Federal
grant or assistance; or
(2) authorize action by a recipient contrary to State and local
law in the case of a program to provide a Federal grant or
assistance to a State or political subdivision.

81073f9413ef75ea78e609eac696f6c0e57aa4d83b7df9d8e31f6f1c5a1b6a7e

performance
(a) Guidance.--The Administrator shall prescribe for executive
agencies guidance regarding consideration of the past contract
performance of offerors in awarding contracts. The guidance shall
include--
(1) standards for evaluating past performance with respect to
cost (when appropriate), schedule, compliance with technical or
functional specifications, and other relevant performance factors
that facilitate consistent and fair evaluation by all executive
agencies;
(2) policies for the collection and maintenance of information on
past contract performance that, to the maximum extent practicable,
facilitate automated collection, maintenance, and dissemination of
information and provide for ease of collection, maintenance, and
dissemination of information by other methods, as necessary;
(3) policies for ensuring that--
(A) offerors are afforded an opportunity to submit 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; and
(B) the information submitted by offerors is considered; and
(4) the period for which information on past performance of
offerors may be maintained and considered.
(b) Information Not Available.--If there is no information on past
contract performance of an offeror or the information on past contract
performance is not available, the offeror may not be evaluated
favorably or unfavorably on the factor of past contract performance.

bfcfff06eb7c57852f37be44019df38d8854aee2d50ce91a0a2e3aa3a0908c6b

(a) Definitions.--In this section:
(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.
(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.
(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.
(4) Fiscal year.--The term ``fiscal year'' means a fiscal year a
contractor establishes for accounting purposes.
(5) Publicly-owned united states corporation.--The term
``publicly-owned United States corporation'' means a corporation--
(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; and
(B) whose voting stock is publicly traded.
(6) Senior executives.--The term ``senior executives'', with
respect to a contractor, means the 5 most highly compensated
employees in management positions at each home office and each
segment of the contractor.
(b) Determining Benchmark Compensation Amount.--For 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.

c6a36e2462756c5a1dc76fa6c2f8958671197a40ec45a2dfd978772d5b03affd

of architectural and engineering services
The Administrator, in consultation with the Secretary of Defense, the
Administrator of General Services, and the Director of the Office of
Personnel Management, shall develop and implement a plan to ensure that
the Federal Government maintains the necessary capability with respect
to the acquisition of architectural and engineering services to--
(1) ensure that Federal Government employees have the expertise
to determine agency requirements for those services;
(2) establish priorities and programs, including acquisition
plans;
(3) establish professional standards;
(4) develop scopes of work; and
(5) award and administer contracts for those services.

1fc62cbf978097389282c548e8749bca683b28cd5a1294bd65a6d19d7de9ff75

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.

aae6b43e5e554c3ae7f09ef83ac9cb79e645c9c3539ba91e7452d3a7e11d3421

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.

94b232137c1a1f295e31b53de3bb76c2e96748cda009ad7a03141cb439711a63

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.
CHAPTER 13--ACQUISITION COUNCILS
SUBCHAPTER I--FEDERAL ACQUISITION REGULATORY COUNCIL
Sec.
1301.  Definition.
1302.  Establishment and membership.
1303.  Functions and authority.
1304.  Contract clauses and certifications.
SUBCHAPTER II--CHIEF ACQUISITION OFFICERS COUNCIL
1311.  Establishment and membership.
1312.  Functions.
SUBCHAPTER I--FEDERAL ACQUISITION REGULATORY COUNCIL

17b6687cd25514967e2c236a2a5c95cfa6d081349e99b54ccaedc10f883b095f

In this subchapter, the term ``Council'' means the Federal
Acquisition Regulatory Council established under section 1302(a) of
this title.

4c794c0f7e8cdef785b98059f7ce2b6ca6e08d6a2a32a7efcac5d2e4cfa06ad6

(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.
(b) Membership.--
(1) Makeup of council.--The Council consists of--
(A) the Administrator;
(B) the Secretary of Defense;
(C) the Administrator of National Aeronautics and Space; and
(D) the Administrator of General Services.
(2) Designation of other officials.--
(A) Officials who may be designated.--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--
(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; or
(ii) if no official of that agency is assigned by statute
with the responsibility for acquisition policy for that
agency, the official designated pursuant to section 1702(c)
of this title.
(B) Limitation on designation.--No other official or employee
may be designated to serve on the Council.

381367a0f7457da45cd05101fcf9fb0f395e7f65b6af4beb0b0410c6e18f69ef

(a) Functions.--
(1) Issue and maintain federal acquisition regulation.--Subject
to sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and
2305 of this title, the Administrator of General Services, the
Secretary of Defense, and the Administrator of National Aeronautics
and Space, pursuant to their respective authorities under division
C of this subtitle, chapters 4 and 137 of title 10, and the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et
seq.), shall jointly issue and maintain in accordance with
subsection (d) a single Government-wide procurement regulation, to
be known as the Federal Acquisition Regulation.
(2) Limitation on other regulations.--Other regulations relating
to procurement issued by an executive agency shall be limited to--
(A) regulations essential to implement Government-wide
policies and procedures within the agency; and
(B) additional policies and procedures required to satisfy
the specific and unique needs of the agency.
(3) Ensure consistent regulations.--The Administrator, in
consultation with the Council, shall ensure that procurement
regulations prescribed by executive agencies are consistent with
the Federal Acquisition Regulation and in accordance with the
policies prescribed pursuant to section 1121(b) of this title.
(4) Request to review regulation.--
(A) Basis for request.--Under procedures the 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.
(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.
(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.
(6) Decisions to be in writing and publicly available.--The
decisions of the Administrator shall be in writing and made
publicly available.
(b) Additional Responsibilities of Membership.--
(1) In general.--Subject to the authority, direction, and control
of the head of the agency concerned, each official who represents
an agency on the Council pursuant to section 1302(b) of this title
shall--
(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;
(B) carry out the responsibilities of that agency set forth
in chapter 35 of title 44 for each information collection
request that relates to procurement rules or regulations; and
(C) eliminate or reduce--
(i) any redundant or unnecessary levels of review and
approval in the procurement system of that agency; and
(ii) redundant or unnecessary procurement regulations
which are unique to that agency.
(2) Limitation on delegation.--The authority to review and
approve or disapprove regulations under paragraph (1)(A) may not be
delegated to an individual outside the office of the official who
represents the agency on the Council pursuant to section 1302(b) of
this title.
(c) Governing Policies.--All actions of the Council and of members of
the Council shall be in accordance with and furtherance of the policies
prescribed under section 1121(b) of this title.
(d) General Authority With Respect to Federal Acquisition
Regulation.--Subject to section 1121(d) of this title, the Council
shall manage, coordinate, control, and monitor the maintenance of,
issuance of, and changes in, the Federal Acquisition Regulation.

b42684bf0fd3f464d00a069801c8ad7a7d31ccb271592fd259005cfd1b7cfbd2

(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--
(1) clearly define what types of contract clauses are to be
treated as nonstandard clauses; and
(2) require prior approval for the use of a nonstandard clause on
a repetitive basis by an official at a level of responsibility
above the contracting officer.
(b) When Certification Required.--
(1) By law.--A provision of law may not be construed as requiring
a certification by a contractor or offeror in a procurement made or
to be made by the Federal Government unless that provision of law
specifically provides that such a certification shall be required.
(2) In federal acquisition regulation.--A requirement for a
certification by a contractor or offeror may not be included in the
Federal Acquisition Regulation unless--
(A) the certification requirement is specifically imposed by
statute; or
(B) written justification for the certification requirement
is provided to the Administrator by the Council and the
Administrator approves in writing the inclusion of the
certification requirement.
(3) Executive agency procurement regulation.--
(A) Definition.--In subparagraph (B), the term ``head of the
executive agency'' with respect to a military department means
the Secretary of Defense.
(B) When certification requirement may be included in
regulation.--A requirement for a certification by a contractor
or offeror may not be included in a procurement regulation of
an executive agency unless--
(i) the certification requirement is specifically imposed
by statute; or
(ii) written justification for the certification
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.
SUBCHAPTER II--CHIEF ACQUISITION OFFICERS COUNCIL

d7515691b4749b894082d93ce15c90387479b2909ea3339fb29a084f84b3e0dd

(a) Establishment.--There is in the executive branch a Chief
Acquisition Officers Council.
(b)  Membership.--The members of the Council are--
(1) the Deputy Director for Management of the Office of
Management and Budget;
(2) the Administrator;
(3) the Under Secretary of Defense for Acquisition, Technology,
and Logistics;
(4) the chief acquisition officer of each executive agency that
is required to have a chief acquisition officer under section 1702
of this title and the senior procurement executive of each military
department; and
(5) any other senior agency officer of each executive agency,
appointed by the head of the agency in consultation with the
Chairman of the Council, who can effectively assist the Council in
performing the functions set forth in section 1312(b) of this title
and supporting the associated range of acquisition activities.
(c) Leadership and Support.--
(1) Chairman.--The Deputy Director for Management of the Office
of Management and Budget is the Chairman of the Council.
(2) Vice chairman.--The Vice Chairman of the Council shall be
selected by the Council from among its members. The Vice Chairman
serves for one year and may serve multiple terms.
(3) Leader of activities.--The Administrator shall lead the
activities of the Council on behalf of the Deputy Director for
Management.
(4) Support.--The Administrator of General Services shall provide
administrative and other support for the Council.

897929d858fbf65d9b451b6e0c376af38bc6c6a5092c45585f7fdc8f87b4f8c0

(a) Principal Forum.--The Chief Acquisition Officers Council is the
principal interagency forum for monitoring and improving the Federal
acquisition system.
(b) Functions.--The Council shall perform functions that include the
following:
(1) Develop recommendations for the Director of the Office of
Management and Budget on Federal acquisition policies and
requirements.
(2) Share experiences, ideas, best practices, and innovative
approaches related to Federal acquisition.
(3) Assist the Administrator in the identification, development,
and coordination of multiagency projects and other innovative
initiatives to improve Federal acquisition.
(4) Promote effective business practices that ensure the timely
delivery of best value products to the Federal Government and
achieve appropriate public policy objectives.
(5) Further integrity, fairness, competition, openness, and
efficiency in the Federal acquisition system.
(6) Work with the Office of Personnel Management to assess and
address the hiring, training, and professional development needs of
the Federal Government related to acquisition.
(7) Work with the Administrator and the Federal Acquisition
Regulatory Council to promote the business practices referred to in
paragraph (4) and other results of the functions carried out under
this subsection.
CHAPTER 15--COST ACCOUNTING STANDARDS
Sec.
1501.  Cost Accounting Standards Board.
1502.  Cost accounting standards.
1503.  Contract price adjustment.
1504.  Effect on other standards and regulations.
1505.  Examinations.
1506.  Authorization of appropriations.

97e6a5ffd039a885adea9c5fc2044b61d2bcefb4985f61b3025384324e35949b

(a) Organization.--The Cost Accounting Standards Board is an
independent board in the Office of Federal Procurement Policy.
(b) Membership.--
(1) Number of members, chairman, and appointment.--The Board
consists of 5 members. One member is the Administrator, who serves
as Chairman. The other 4 members, all of whom shall have experience
in Federal Government contract cost accounting, are as follows:
(A) 2 representatives of the Federal Government--
(i) one of whom is a representative of the Department of
Defense appointed by the Secretary of Defense; and
(ii) one of whom is an officer or employee of the General
Services Administration appointed by the Administrator of
General Services.
(B) 2 individuals from the private sector, each of whom is
appointed by the Administrator, and--
(i) one of whom is a representative of industry; and
(ii) one of whom is particularly knowledgeable about cost
accounting problems and systems.
(2) Term of office.--
(A) Length of term.--The term of office of each member, other
than the Administrator, is 4 years. The terms are staggered,
with the terms of 2 members expiring in the same year, the term
of another member expiring the next year, and the term of the
last member expiring the year after that.
(B) Individual required to remain with appointing agency.--A
member appointed under paragraph (1)(A) may not continue to
serve after ceasing to be an officer or employee of the agency
from which that member was appointed.
(3) Vacancy.--A vacancy on the Board shall be filled in the same
manner in which the original appointment was made. A member
appointed to fill a vacancy serves for the remainder of the term
for which that member's predecessor was appointed.
(c) Senior Staff.--The Administrator, after consultation with the
Board, may--
(1) appoint an executive secretary and 2 additional staff members
without regard to the provisions of title 5 governing appointments
in the competitive service; and
(2) pay those employees without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5 relating to
classification and General Schedule pay rates, except that those
employees may not receive pay in excess of the maximum rate of
basic pay payable for level IV of the Executive Schedule.
(d) Other Staff.--The Administrator may appoint, fix the compensation
of, and remove additional employees of the Board under the applicable
provisions of title 5.
(e) Detailed and Temporary Personnel.--For service on advisory
committees and task forces to assist the Board in carrying out its
functions and responsibilities--
(1) the Board, with the consent of the head of a Federal agency,
may use, without reimbursement, personnel of that agency; and
(2) the Administrator, after consultation with the Board, may
procure temporary and intermittent services of personnel under
section 3109(b) of title 5.
(f) Compensation.--
(1) Officers and employees of the government.--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.
(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.
(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.
(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.

3a5836d8a64864513f80ba5ae2654e16b46dd221e125d6054c64cdd1ac072cc3

(a) Authority.--
(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.
(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.
(b) Mandatory Use of Standards.--
(1) Subcontract.--
(A) Definition.--In this paragraph, the term ``subcontract''
includes a transfer of commercial items between divisions,
subsidiaries, or affiliates of a contractor or subcontractor.
(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.
(C) Nonapplication of standards.--Subparagraph (B) does not
apply to--
(i) a contract or subcontract for the acquisition of a
commercial item;
(ii) a contract or subcontract where the price negotiated
is based on a price set by law or regulation;
(iii) a firm, fixed-price contract or subcontract awarded
on the basis of adequate price competition without
submission of certified cost or pricing data; or
(iv) a contract or subcontract with a value of less than
$7,500,000 if, when the contract or subcontract is entered
into, the segment of the contractor or 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.
(2) Exemptions and waivers by board.--The Board may--
(A) exempt classes of contractors and subcontractors from the
requirements of this chapter; and
(B) establish procedures for the waiver of the requirements
of this chapter for individual contracts and subcontracts.
(3) Waiver by head of executive agency.--
(A) In general.--The head of an executive agency may waive
the applicability of the cost accounting standards for a
contract or subcontract with a value of less than $15,000,000
if that official determines in writing that the segment of the
contractor or subcontractor that will perform the work--
(i) is primarily engaged in the sale of commercial items;
and
(ii) would not otherwise be subject to the cost
accounting standards under this section.
(B) In exceptional circumstances.--The head of an executive
agency may waive the applicability of the cost accounting
standards for a contract or subcontract under exceptional
circumstances when necessary to meet the needs of the agency. A
determination to waive the applicability of the standards under
this subparagraph shall be set forth in writing and shall
include a statement of the circumstances justifying the waiver.
(C) Restriction on delegation of authority.--The head of an
executive agency may not delegate the authority under
subparagraph (A) or (B) to an official in the executive agency
below the senior policymaking level in the executive agency.
(D) Contents of federal acquisition regulation.--The Federal
Acquisition Regulation shall include--
(i) criteria for selecting an official to be delegated
authority to grant waivers under subparagraph (A) or (B);
and
(ii) the specific circumstances under which the waiver
may be granted.
(E) Report.--The head of each executive agency shall report
the waivers granted under subparagraphs (A) and (B) for that
agency to the Board on an annual basis.
(c) Required Board Action for Prescribing Standards and
Interpretations.--Before prescribing cost accounting standards and
interpretations, the Board shall--
(1) take into account, after consultation and discussions with
the Comptroller General, professional accounting organizations,
contractors, and other interested parties--
(A) the probable costs of implementation, including any
inflationary effects, compared to the probable benefits;
(B) the advantages, disadvantages, and improvements
anticipated in the pricing and administration of, and
settlement of disputes concerning, contracts; and
(C) the scope of, and alternatives available to, the action
proposed to be taken;
(2) prepare and publish a report in the Federal Register on the
issues reviewed under paragraph (1);
(3)(A) publish an advanced notice of proposed rulemaking in the
Federal Register to solicit comments on the report prepared under
paragraph (2);
(B) provide all parties affected at least 60 days after
publication to submit their views and comments; and
(C) during the 60-day period, consult with the Comptroller
General and consider any recommendation the Comptroller General may
make; and
(4) publish a notice of proposed rulemaking in the Federal
Register and provide all parties affected at least 60 days after
publication to submit their views and comments.
(d) Effective Dates.--Rules, regulations, cost accounting 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.
(e) Accompanying Material.--Rules, regulations, cost accounting
standards, and modifications thereof prescribed or amended under this
chapter shall be accompanied by prefatory comments and by
illustrations, if necessary.
(f) Implementing Regulations.--The Board shall prescribe 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--
(1) disclose in writing their cost accounting practices,
including methods of distinguishing direct costs from indirect
costs and the basis used for allocating indirect costs; and
(2) agree to a contract price adjustment, with interest, for any
increased costs paid to the contractor or subcontractor by the
Federal Government because of a change in the contractor's or
subcontractor's cost accounting practices or a failure by the
contractor or subcontractor to comply with applicable cost
accounting standards.
(g) Nonapplicability of Certain Sections of Title 5.--Functions
exercised under this chapter are not subject to sections 551, 553 to
559, and 701 to 706 of title 5.

fb66784bf80c1da44e83903b6ede3f38547a658d24ef8dd7fa87189a3c77588d

(a) Disagreement Constitutes a Dispute.--If the Federal Government
and a contractor or subcontractor fail to agree on a contract price
adjustment, including whether the contractor or subcontractor has
complied with the applicable cost accounting standards, the
disagreement will constitute a dispute under chapter 71 of this title.
(b) Amount of Adjustment.--A contract price adjustment undertaken
under section 1502(f)(2) of this title shall be made, where applicable,
on relevant contracts between the Federal Government and the contractor
that are subject to the cost accounting standards so as to protect the
Federal Government from payment, in the aggregate, of increased costs,
as defined by the Cost Accounting Standards Board. The Federal
Government may not recover costs greater than the aggregate increased
cost to the Federal Government, as defined by the Board, on the
relevant contracts subject to the price adjustment unless the
contractor made a change in its cost accounting practices of which it
was aware or should have been aware at the time of the price
negotiation and which it failed to disclose to the Federal Government.
(c) Interest.--The interest rate applicable to a contract price
adjustment is the annual rate of interest established under section
6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621) for the
period. Interest accrues from the time payments of the increased costs
were made to the contractor or subcontractor to the time the Federal
Government receives full compensation for the price adjustment.

6c242ccde7569378ce79b2b6ce45f673d93edc5b39d054caae689cc74a0c6570

(a) Previously Existing Standards.--All cost accounting standards,
waivers, exemptions, interpretations, modifications, rules, and
regulations prescribed by the Cost Accounting Standards Board under
section 719 of the Defense Production Act of 1950 (50 U.S.C. App.
2168)--
(1) remain in effect until amended, superseded, or rescinded by
the Board under this chapter; and
(2) are subject to the provisions of this division in the same
manner as if prescribed by the Board under this division.
(b) Inconsistent Agency Regulations.--To ensure that a regulation or
proposed regulation of an executive agency is not inconsistent with a
cost accounting standard prescribed or amended under this chapter, the
Administrator, under the authority in sections 1121, 1122(a) to (c)(1),
1125, 1126, 1130, 1131, and 2305 of this title, shall rescind or deny
the promulgation of the inconsistent regulation or proposed regulation
and take other appropriate action authorized under sections 1121,
1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305.
(c) Costs Not Subject to Different Standards.--Costs that are the
subject of cost accounting standards prescribed under this chapter are
not subject to regulations established by another executive agency that
differ from those standards with respect to the measurement,
assignment, and allocation of those costs.

73c08c371b44eb05ad5d44e7983fc6233feb8408fa9f1473504c40d8b6994530

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.

a4ce25781e72bf8af1ab3444b58eceb8e8d93d6e13ffb739c20856ddc71241f5

Necessary amounts may be appropriated to carry out this chapter.
CHAPTER 17--AGENCY RESPONSIBILITIES AND PROCEDURES
Sec.
1701.  Cooperation with the Administrator.
1702.  Chief Acquisition Officers and senior procurement executives.
1703.  Acquisition workforce.
1704.  Planning and policy-making for acquisition workforce.
1705.  Advocates for competition.
1706.  Personnel evaluation.
1707.  Publication of proposed regulations.
1708.  Procurement notice.
1709.  Contracting functions performed by Federal personnel.
1710.  Public-private competition required before conversion to
contractor performance.
1711.  Value engineering.
1712.  Record requirements.
1713.  Procurement data.

5273d6584831a73ab3632374d955052448e97cd345e5b0a33f0c8da8d55de054

On the request of the Administrator, each executive agency shall--
(1) make its services, personnel, and facilities available to the
Office of Federal Procurement Policy to the greatest practicable
extent for the performance of functions under this division; and
(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.

4d8be20fbb81893e88bd03ec85a0bc2f4c263e9f76e037cd746e9782ffe9b319

(a) Appointment or Designation of Chief Acquisition Officer.--The
head of each executive agency described in section 901(b)(1) (other
than the Department of Defense) or 901(b)(2)(C) of title 31 with a
Chief Financial Officer appointed or designated under section 901(a) of
title 31 shall appoint or designate a non-career employee as Chief
Acquisition Officer for the agency.
(b) Authority and Functions of Chief Acquisition Officer.--
(1) Primary duty.--The primary duty of a Chief Acquisition
Officer is acquisition management.
(2) Advice and assistance.--A Chief Acquisition Officer shall
advise and assist the head of the executive agency and other agency
officials to ensure that the mission of the executive agency is
achieved through the management of the agency's acquisition
activities.
(3) Other functions.--The functions of each Chief Acquisition
Officer include--
(A) monitoring the performance of acquisition activities and
acquisition programs of the executive agency, evaluating the
performance of those programs on the basis of applicable
performance measurements, and advising the head of the
executive agency regarding the appropriate business strategy to
achieve the mission of the executive agency;
(B) increasing the use of full and open competition in the
acquisition of property and services by the executive agency by
establishing policies, procedures, and practices that ensure
that the executive agency receives a sufficient number of
sealed bids or competitive proposals from responsible sources
to fulfill the Federal Government's requirements (including
performance and delivery schedules) at the lowest cost or best
value considering the nature of the property or service
procured;
(C) increasing appropriate use of performance-based
contracting and performance specifications;
(D) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the executive agency;
(E) managing the direction of acquisition policy for the
executive agency, including implementation of the unique
acquisition policies, regulations, and standards of the
executive agency;
(F) developing and maintaining an acquisition career
management program in the executive agency to ensure that there
is an adequate professional workforce; and
(G) as part of the strategic planning and performance
evaluation process required under section 306 of title 5 and
sections 1105(a)(28), 1115, 1116, and 9703 (added by section
5(a) of Public Law 103-62 (107 Stat. 289)) of title 31--
(i) assessing the requirements established for agency
personnel regarding knowledge and skill in acquisition
resources management and the adequacy of those requirements
for facilitating the achievement of the performance goals
established for acquisition management;
(ii) developing strategies and specific plans for hiring,
training, and professional development to rectify a
deficiency in meeting those requirements; and
(iii) reporting to the head of the executive agency on
the progress made in improving acquisition management
capability.
(c) Senior Procurement Executive.--
(1) Designation.--The head of each executive agency shall
designate a senior procurement executive.
(2) Responsibility.--The senior procurement executive is
responsible for management direction of the procurement system of
the executive agency, including implementation of the unique
procurement policies, regulations, and standards of the executive
agency.
(3) When chief acquisition officer appointed or designated.--For
an executive agency for which a Chief Acquisition Officer has been
appointed or designated under subsection (a), the head of the
executive agency shall--
(A) designate the Chief Acquisition Officer as the senior
procurement executive for the executive agency; or
(B) ensure that the senior procurement executive designated
under paragraph (1) reports directly to the Chief Acquisition
Officer without intervening authority.

1ed5604d69e9a8fa7eb821832940d3aecca8d5e3f43d57a2b92ba027e9cdad05

(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).
(b) Applicability.--
(1) Nonapplicability to certain executive agencies.--Except as
provided in subsection (i), this section does not apply to an
executive agency that is subject to chapter 87 of title 10.
(2) Applicability of programs.--The programs established by this
section apply to the acquisition workforce of each executive
agency.
(c) Management Policies.--
(1) Duties of head of executive agency.--
(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.
(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.
(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.
(d) Authority and Responsibility of Senior Procurement Executive.--
Subject to the authority, direction, and control of the head of an
executive agency, the senior procurement executive of the agency shall
carry out all powers, functions, and duties of the head of the agency
with respect to implementing this section. The senior procurement
executive shall ensure that the policies of the head of the executive
agency established in accordance with this section are implemented
throughout the agency.
(e) Collecting and Maintaining Information.--The 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.
(f) Career Development.--
(1) Career paths.--
(A) Identification.--The head of each executive agency shall
ensure that appropriate career paths for personnel who desire
to pursue careers in acquisition are identified in terms of the
education, training, experience, and 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.
(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.
(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.
(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--
(A) relate pay to performance (including the extent to which
the performance of personnel in the workforce contributes to
achieving the cost goals, schedule goals, and performance goals
established for acquisition programs pursuant to section
3103(b) of this title); and
(B) provide for consideration, in personnel evaluations and
promotion decisions, of the extent to which the performance of
personnel in the workforce contributes to achieving the cost
goals, schedule goals, and performance goals.
(g) Qualification Requirements.--
(1) In general.--Subject to paragraph (2), the Administrator
shall--
(A) establish qualification requirements, including education
requirements, for--
(i) entry-level positions in the General Schedule
Contracting series (GS-1102);
(ii) senior positions in the General Schedule Contracting
series (GS-1102);
(iii) all positions in the General Schedule Purchasing
series (GS-1105); and
(iv) positions in other General Schedule series in which
significant acquisition-related functions are performed;
and
(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.
(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.
(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.
(h) Education and Training.--
(1) Funding levels.--The head of an executive agency shall set
forth separately the funding levels requested for educating and
training the acquisition workforce in the budget justification
documents submitted in support of the President's budget submitted
to Congress under section 1105 of title 31.
(2) Tuition assistance.--The head of an executive agency may
provide tuition reimbursement in education (including a full-time
course of study leading to a degree) in accordance with section
4107 of title 5 for personnel serving in acquisition positions in
the agency.
(3) Restricted obligation.--Amounts appropriated for education
and training under this section may not be obligated for another
purpose.
(i) Training Fund.--
(1) Purposes.--The purposes of this subsection are to ensure that
the Federal acquisition workforce--
(A) adapts to fundamental changes in the nature of Federal
Government acquisition of property and services associated with
the changing roles of the Federal Government; and
(B) acquires new skills and a new perspective to enable it to
contribute effectively in the changing environment of the 21st
century.
(2) Establishment and management of fund.--There is an
acquisition workforce training fund. The Administrator of General
Services shall manage the fund through the Federal Acquisition
Institute to support the training of the acquisition workforce of
the executive agencies, except as provided in paragraph (5). The
Administrator of General Services shall consult with the
Administrator in managing the fund.
(3) Credits to fund.--Five percent of the fees collected by
executive agencies (other than the Department of Defense) under the
following contracts shall be credited to the fund:
(A) Government-wide task and delivery-order contracts entered
into under sections 4103 and 4105 of this title.
(B) Government-wide contracts for the acquisition of
information technology as defined in section 11101 of title 40
and multiagency acquisition contracts for that technology
authorized by section 11314 of title 40.
(C) multiple-award schedule contracts entered into by the
Administrator of General Services.
(4) Remittance by head of executive agency.--The head of an
executive agency that administers a contract described in paragraph
(3) shall remit to the General Services 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.
(5) Transfer and use of fees collected from department of
defense.--The Administrator of General Services shall transfer to
the Secretary of Defense fees collected from the Department of
Defense pursuant to paragraph (3). The Defense Acquisition
University shall use the fees for acquisition workforce training.
(6) Amounts not to be used for other purposes.--The Administrator
of General Services, through the Office of Federal Procurememt
Policy, shall ensure that amounts collected for training under this
subsection are not used for a purpose other than the purpose
specified in paragraph (2).
(7) Amounts are in addition to other amounts for 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).
(8) Availability of amounts.--Amounts credited to the fund remain
available to be expended only in the fiscal year for which they are
credited and the 2 succeeding fiscal years.
(j) Recruitment Program.--
(1) Shortage category positions.--For purposes of sections 3304,
5333, and 5753 of title 5, the head of a department or agency of
the Federal Government (other than the Secretary of Defense) may
determine, under regulations prescribed by the Office of Personnel
Management, that certain Federal acquisition positions (as
described in subsection (g)(1)(A)) are 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.
(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.
(k) Reemployment Without Loss of Annuity.--
(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.
(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:
(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.
(B) The exceptional difficulty in recruiting or retaining a
qualified employee.
(C) A temporary emergency hiring need.
(3) Service not subject to csrs or fers.--An individual
reemployed under this subsection shall not be deemed an employee
for purposes of chapter 83 or 84 of title 5.
(4) Reporting requirement.--The Administrator shall submit
annually to the Committee on Oversight and 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.
(5) Sunset provision.--The authority under this subsection
expires on December 31, 2011.

888ee09eb26035d855930f3a14c1255c933715b1e7ea8bf5d679c7d637dc3a76

(a) Definitions.--In this section:
(1) Associate Administrator.--The term ``Associate
Administrator'' means the Associate Administrator for Acquisition
Workforce Programs as designated by the Administrator pursuant to
subsection (b).
(2) Chief Acquisition Officer.--The term ``Chief Acquisition
Officer'' means a Chief Acquisition Officer for an executive agency
appointed pursuant to section 1702 of this title.
(b) Associate Administrator for Acquisition Workforce Programs.--The
Administrator shall designate a member of the Senior Executive Service
as the Associate Administrator for Acquisition Workforce Programs. The
Associate Administrator shall be located in the Federal Acquisition
Institute (or its successor). The Associate Administrator shall be
responsible for--
(1) supervising the acquisition workforce training fund
established under section 1703(i) of this title;
(2) developing, in coordination with Chief Acquisition Officers
and Chief Human Capital Officers, a strategic human capital plan
for the acquisition workforce of the Federal Government;
(3) reviewing and providing input to individual agency
acquisition workforce succession plans;
(4) recommending to the Administrator and other senior government
officials appropriate programs, policies, and practices to increase
the quantity and quality of the Federal acquisition workforce; and
(5) carrying out other functions that the Administrator may
assign.
(c) Acquisition and Contracting Training Programs Within Executive
Agencies.--
(1) Chief Acquisition Officer authorities and responsibilities.--
Subject to the authority, direction, and control of the head of an
executive agency, the Chief Acquisition Officer for that agency
shall carry out all powers, functions, and duties of the head of
the agency with respect to implementation of this subsection. The
Chief Acquisition Officer shall ensure that the policies
established by the head of the agency in accordance with this
subsection are implemented throughout the agency.
(2) Requirement.--The head of each executive agency, after
consultation with the Associate Administrator, shall establish and
operate acquisition and contracting training programs. The programs
shall--
(A) have curricula covering a broad range of acquisition and
contracting disciplines corresponding to the specific
acquisition and contracting needs of the agency involved;
(B) be developed and applied according to rigorous standards;
and
(C) be designed to maximize efficiency, through the use of
self-paced courses, online courses, on-the-job training, and
the use of remote instructors, wherever those features can be
applied without reducing the effectiveness of the training or
negatively affecting academic standards.
(d)  Government-wide Policies and Evaluation.--The Administrator
shall issue policies to promote the development of performance
standards for training and uniform implementation of this section by
executive agencies, with due regard for differences in program
requirements among agencies that may be appropriate and warranted in
view of the agency mission. The Administrator shall evaluate the
implementation of the provisions of subsection (c) by executive
agencies.
(e) Information on Acquisition and Contracting Training.--The
Administrator shall ensure that the heads of executive agencies collect
and maintain standardized information on the acquisition and
contracting workforce related to the implementation of subsection (c).
(f) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Each Chief Acquisition Officer for an executive
agency shall develop, in consultation with the Chief Human Capital
Officer for the agency and the Associate Administrator, a
succession plan consistent with the agency's strategic human
capital plan for the recruitment, development, and retention of the
agency's acquisition workforce, with a particular focus on
warranted contracting officers and program managers of the agency.
(2) Content of plan.--The acquisition workforce succession plan
shall address--
(A) recruitment goals for personnel from procurement intern
programs;
(B) the agency's acquisition workforce training needs;
(C) actions to retain high performing acquisition
professionals who possess critical relevant skills;
(D) recruitment goals for personnel from the Federal Career
Intern Program; and
(E) recruitment goals for personnel from the Presidential
Management Fellows Program.
(g) Acquisition Workforce Development Strategic Plan.--
(1) Purpose.--The purpose of this subsection is to authorize the
preparation and completion of the Acquisition Workforce Development
Strategic Plan, which is a plan for Federal agencies other than the
Department of Defense to--
(A) develop a specific and actionable 5-year plan to increase
the size of the acquisition workforce; and
(B) operate a government-wide acquisition intern program for
the Federal agencies.
(2) Establishment of plan.--The Associate Administrator shall be
responsible for the management, oversight, and administration of
the Acquisition Workforce Development Strategic Plan in cooperation
and consultation with the Office of Federal Procurement Policy and
with the assistance of the Federal Acquisition Institute.
(3) Criteria.--The Acquisition Workforce Development Strategic
Plan shall include an examination of the following matters:
(A) The variety and complexity of acquisitions conducted by
each Federal agency covered by the plan, and the workforce
needed to effectively carry out the acquisitions.
(B) The development of a sustainable funding model to support
efforts to hire, retain, and train an acquisition workforce of
appropriate size and skill to effectively carry out the
acquisition programs of the Federal agencies covered by the
plan, including an examination of interagency funding methods
and a discussion of how the model of the Defense Acquisition
Workforce Development Fund could be applied to civilian
agencies.
(C) Any strategic human capital planning necessary to hire,
retain, and train an acquisition workforce of appropriate size
and skill at each Federal agency covered by the plan.
(D) Methodologies that Federal agencies covered by the plan
can use to project future acquisition workforce personnel
hiring requirements, including an appropriate distribution of
such personnel across each category of positions designated as
acquisition workforce personnel under section 1703(g) of this
title.
(E) Government-wide training standards and certification
requirements necessary to enhance the mobility and career
opportunities of the Federal acquisition workforce within the
Federal agencies covered by the plan.
(F) If the Associate Administrator recommends as part of the
plan a growth in the acquisition workforce of the Federal
agencies covered by the plan below 25 percent over the next 5
years, an examination of each of the matters specified in
subparagraphs (A) to (E) in the context of a 5-year plan that
increases the size of such acquisition workforce by not less
than 25 percent, or an explanation why such a level of growth
would not be in the best interest of the Federal Government.
(4) Deadline for completion.--The Acquisition Workforce
Development Strategic Plan shall be completed not later than one
year after October 14, 2008, and in a fashion that allows for
immediate implementation of its recommendations and guidelines.
(5) Funds.--The acquisition workforce development strategic plan
shall be funded from the acquisition workforce training fund under
section 1703(i) of this title.
(h) Training in the Acquisition of Architect and Engineering
Services.--The Administrator shall ensure that a sufficient number of
Federal employees are trained in the acquisition of architect and
engineering services.
(i) Utilization of Recruitment and Retention Authorities.--The
Administrator, in coordination with the Director of the Office of
Personnel Management, shall encourage executive agencies to use
existing authorities, including direct hire authority and tuition
assistance programs, to recruit and retain acquisition personnel and
consider recruiting acquisition personnel who may be retiring from the
private sector, consistent with existing laws and regulations.

6867798acd5e1292c0aad43509db7d04ffe8b73ff7c248c9647bc5731d996501

(a) Establishment and Designation.--
(1) Establishment.--Each executive agency has an advocate for
competition.
(2) Designation.--The head of each executive agency shall--
(A) designate for the executive agency and for each 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;
(B) not assign those officers or employees duties or
responsibilities that are inconsistent with the duties and
responsibilities of the advocates for competition; and
(C) provide those officers or employees with the staff or
assistance necessary to carry out the duties and
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.
(b) Duties and Functions.--The advocate for competition of an
executive agency shall--
(1) be responsible for challenging barriers to, and promoting
full and open competition in, the procurement of property and
services by the executive agency;
(2) review the procurement activities of the executive agency;
(3) identify and report to the senior procurement executive of
the executive agency--
(A) opportunities and actions taken to achieve full and open
competition in the procurement activities of the executive
agency; and
(B) any condition or action which has the effect of
unnecessarily restricting competition in the procurement
actions of the executive agency;
(4) prepare and transmit to the senior procurement executive an
annual report describing--
(A) the advocate's activities under this section;
(B) new initiatives required to increase competition; and
(C) remaining barriers to full and open competition;
(5) recommend to the senior procurement executive--
(A) goals and the plans for increasing competition on a
fiscal year basis; and
(B) a system of personal and organizational 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; and
(6) describe other ways in which the executive agency has
emphasized competition in programs for procurement training and
research.
(c) Responsibilities.--The advocate for competition for each
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.

8f7ff0ff4879f444c3ead0b7dfe7935570b2e2f6a4cd959b8673188856eaaba1

The head of each executive agency subject to division C shall ensure,
with respect to the employees of that agency whose primary duties and
responsibilities pertain to the award of contracts subject to the
provisions of the Small Business and Federal Procurement Competition
Enhancement Act of 1984 (Public Law 98-577, 98 Stat. 3066), that the
performance appraisal system applicable to those employees affords
appropriate recognition to, among other factors, efforts to--
(1) increase competition and achieve cost savings through the
elimination of procedures that unnecessarily inhibit full and open
competition;
(2) further the purposes of the Small Business and Federal
Procurement Competition Enhancement Act of 1984 (Public Law 98-577,
98 Stat. 3066) and the Defense Procurement Reform Act of 1984
(Public Law 98-525, title XII, 98 Stat. 2588); and
(3) further other objectives and purposes of the Federal
acquisition system authorized by law.

985f21bd5816124190d85e3cb96b6689eb6fde8b374ad3ecc472510c1d731c66

(a) Covered Policies, Regulations, Procedures, and Forms.--
(1) Required comment period.--Except as provided in subsection
(d), a procurement policy, regulation, procedure, or form
(including an amendment or modification thereto) may not take
effect until 60 days after it is published for public comment in
the Federal Register pursuant to subsection (b) if it--
(A) relates to the expenditure of appropriated funds; and
(B)(i) has a significant effect beyond the internal operating
procedures of the agency issuing the policy, regulation,
procedure, or form; or
(ii) has a significant cost or administrative impact on
contractors or offerors.
(2) Exception.--A policy, regulation, procedure, or form may take
effect earlier than 60 days after the publication date when there
are compelling circumstances for the earlier effective date, but
the effective date may not be less than 30 days after the
publication date.
(b) Publication in Federal Register and Comment Period.--Subject to
subsection (c), the head of the agency shall have published in the
Federal Register a notice of the proposed procurement policy,
regulation, procedure, or form and provide for a public comment period
for receiving and considering the views of all interested parties on
the proposal. The length of the comment period may not be less than 30
days.
(c) Contents of Notice.--Notice of a proposed procurement policy,
regulation, procedure, or form prepared for publication in the Federal
Register shall include--
(1) the text of the proposal or, if it is impracticable to
publish the full text of the proposal, a summary of the proposal
and a statement specifying the name, address, and telephone number
of the officer or employee of the executive agency from whom the
full text may be obtained; and
(2) a request for interested parties to submit comments on the
proposal and the name and address of the officer or employee of the
Federal Government designated to receive the comments.
(d) Waiver.--The requirements of subsections (a) and (b) may be
waived by the officer authorized to issue a procurement policy,
regulation, procedure, or form if urgent and compelling circumstances
make compliance with the requirements impracticable.
(e) Effectiveness of Policy, Regulation, Procedure, or Form.--
(1) Temporary basis.--A procurement policy, regulation,
procedure, or form for which the requirements of subsections (a)
and (b) are waived under subsection (d) is effective on a temporary
basis if--
(A) a notice of the policy, regulation, procedure, or form is
published in the Federal Register and includes a statement that
the policy, regulation, procedure, or form is temporary; and
(B) provision is made for a public comment period of 30 days
beginning on the date on which the notice is published.
(2) Final policy, regulation, procedure, or form.--After
considering the comments received, the head of the agency waiving
the requirements of subsections (a) and (b) under subsection (d)
may issue the final procurement policy, regulation, procedure, or
form.

91f132df9f568a9d7d925a4b984d30b58dddc51767e066f390531cf68c215e12

(a) Notice Requirement.--Except as provided in subsection (b)--
(1) an executive agency intending to solicit bids or proposals
for a contract for property or services for a price expected to
exceed $10,000, but not to exceed $25,000, shall post, for not less
than 10 days, in a public place at the contracting office issuing
the solicitation a notice of solicitation described in subsection
(c);
(2) an executive agency shall publish a notice of solicitation
described in subsection (c) if the agency intends to--
(A) solicit bids or proposals for a contract for property or
services for a price expected to exceed $25,000; or
(B) place an order, expected to exceed $25,000, under a basic
agreement, basic ordering agreement, or similar arrangement;
and
(3) an executive agency awarding a contract for property or
services for a price exceeding $25,000, or placing an order
exceeding $25,000 under a basic agreement, basic ordering
agreement, or similar arrangement, shall furnish for publication a
notice announcing the award or order if there is likely to be a
subcontract under the contract or order.
(b) Exemptions.--
(1) In general.--A notice is not required under subsection (a)
if--
(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be
conducted by--
(i) using widespread electronic public notice of the
solicitation in a form that allows convenient and universal
user access through a single, Government-wide point of
entry; and
(ii) permitting the public to respond to the solicitation
electronically;
(B) the notice would disclose the executive agency's needs
and disclosure would compromise national security;
(C) the proposed procurement would result from acceptance
of--
(i) an unsolicited proposal that demonstrates a unique
and innovative research concept and publication of a notice
of the unsolicited research proposal would disclose the
originality of thought or innovativeness of the proposal or
would disclose proprietary information associated with the
proposal; or
(ii) a proposal submitted under section 9 of the Small
Business Act (15 U.S.C. 638);
(D) the procurement is made against an order placed under a
requirements contract, a task order contract, or a delivery
order contract;
(E) the procurement is made for perishable subsistence
supplies;
(F) the procurement is for utility services, other than
telecommunication services, and only one source is available;
or
(G) the procurement is for the services of an expert for use
in any litigation or dispute (including any reasonably
foreseeable litigation or dispute) involving the Federal
Government in a trial, hearing, or proceeding before a court,
administrative tribunal, or agency, or in any part of an
alternative dispute resolution process, whether or not the
expert is expected to testify.
(2) Certain procurements.--The requirements of subsection (a)(2)
do not apply to a procurement--
(A) under conditions described in paragraph (2), (3), (4),
(5), or (7) of section 3304(a) of this title or paragraph (2),
(3), (4), (5), or (7) of section 2304(c) of title 10; or
(B) for which the head of the executive agency makes a
determination in writing, after consultation with the
Administrator and the Administrator of the Small Business
Administration, that it is not appropriate or reasonable to
publish a notice before issuing a solicitation.
(3) Implementation consistent with international agreements.--
Paragraph (1)(A) shall be implemented in a manner consistent with
applicable international agreements.
(c) Contents of Notice.--Each notice of solicitation required by
paragraph (1) or (2) of subsection (a) shall include--
(1) an accurate description of the property or services to be
contracted for, which description--
(A) shall not be unnecessarily restrictive of competition;
and
(B) shall include, as appropriate, the agency nomenclature,
National Stock Number or other part number, and a brief
description of the item's form, fit, or function, physical
dimensions, predominant material of manufacture, or similar
information that will assist a prospective contractor to make
an informed business judgment as to whether a copy of the
solicitation should be requested;
(2) provisions that--
(A)(i) state whether the technical data required to respond
to the solicitation will not be furnished as part of the
solicitation; and
(ii) identify the source in the Federal Government, if any,
from which the technical data may be obtained; and
(B)(i) state whether an offeror or its product or service
must meet a qualification requirement in order to be eligible
for award; and
(ii) if so, identify the office from which the qualification
requirement may be obtained;
(3) the name, business address, and telephone number of the
contracting officer;
(4) a statement that all responsible sources may submit a bid,
proposal, or quotation (as appropriate) that the agency shall
consider;
(5) in the case of a procurement using procedures other than
competitive procedures, a statement of the reason justifying the
use of those procedures and the identity of the intended source;
and
(6) in the case of a contract in an amount estimated to be
greater than $25,000 but not greater than the simplified
acquisition threshold, or a contract for the procurement of
commercial items using special simplified procedures--
(A) a description of the procedures to be used in awarding
the contract; and
(B) a statement specifying the periods for prospective
offerors and the contracting officer to take the necessary
preaward and award actions.
(d) Electronic Publication of Notice of Solicitation, Award, or
Order.--A notice of solicitation, award, or order required to be
published under subsection (a) shall be published by electronic means.
The notice must be electronically accessible in a form that allows
convenient and universal user access through the single Government-wide
point of entry designated in the Federal Acquisition Regulation.
(e) Time Limitations.--
(1) Issuing notice of solicitation and establishing deadline for
submitting bids and proposals.--An executive agency required by
subsection (a)(2) to publish a notice of solicitation may not--
(A) issue the solicitation earlier than 15 days after the
date on which the notice is published; or
(B) in the case of a contract or order expected to be greater
than the simplified acquisition threshold, establish a deadline
for the submission of all bids or proposals in response to the
notice required by subsection (a)(2) that--
(i) in the case of a solicitation for research and
development, is earlier than 45 days after the date the
notice required for a bid or proposal for a contract
described in subsection (a)(2)(A) is published;
(ii) in the case of an order under a basic agreement,
basic ordering agreement, or similar arrangement, is
earlier than 30 days after the date the notice required for
an order described in subsection (a)(2)(B) is published; or
(iii) in any other case, is earlier than 30 days after
the date the solicitation is issued.
(2) Establishing deadline when none provided by statute.--An
executive agency shall establish a deadline for the submission of
all bids or proposals in response to a solicitation for which a
deadline is not provided by statute. Each deadline for the
submission of offers shall afford potential offerors a reasonable
opportunity to respond.
(3) Flexible deadlines.--The Administrator shall prescribe
regulations defining limited circumstances in which flexible
deadlines can be used under paragraph (1) for the issuance of
solicitations and the submission of bids or proposals for the
procurement of commercial items.
(f) Consideration of Certain Timely Received Offers.--An executive
agency intending to solicit offers for a contract for which a notice of
solicitation is required to be posted under subsection (a)(1) shall
ensure that contracting officers consider each responsive offer timely
received from an offeror.
(g) Availability of Complete Solicitation Package and Payment of
Fee.--An executive agency shall make available to a business concern,
or the authorized representative of a concern, the complete
solicitation package for any on-going procurement announced pursuant to
a notice of solicitation under subsection (a). An executive agency may
require the payment of a fee, not exceeding the actual cost of
duplication, for a copy of the package.

ecfd11f6e6fcdfa73b4710b524fac162fb264832cc9f4146cb3111ed31259556

(a) Covered Personnel.--Personnel referred to in subsection (b) are--
(1) an employee, as defined in section 2105 of title 5;
(2) a member of the armed forces; and
(3) an individual assigned to a Federal agency pursuant to
subchapter VI of chapter 33 of title 5.
(b) Limitation on Payment for Advisory and Assistance Services.--No
individual who is not an individual described in subsection (a) may be
paid by an executive agency for services to conduct evaluations or
analyses of any aspect of a proposal submitted for an acquisition
unless personnel described in subsection (a) with adequate training and
capabilities to perform the evaluations and analyses are not readily
available in the agency or another Federal agency. When administering
this subsection, the head of each executive agency shall determine in
accordance with standards and procedures prescribed in the Federal
Acquisition Regulation whether--
(1) a sufficient number of personnel described in subsection (a)
in the agency or another Federal agency are readily available to
perform a particular evaluation or analysis for the head of the
executive agency making the determination; and
(2) the readily available personnel have the training and
capabilities necessary to perform the evaluation or analysis.
(c) Certain Relationship Not Affected.--This section does not affect
the relationship between the Federal Government and a Federally funded
research and development center.

9dd4b30254fd0896e695a9f85fdf1a616cfa19e75ec4f41eed03f44e3379b84f

contractor performance
(a) Public-private competition.--
(1) When conversion to contractor performance is allowed.--A
function of an executive agency performed by 10 or more agency
civilian employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on the
results of a public-private competition that--
(A) formally compares the cost of performance of the function
by agency civilian employees with the cost of performance by a
contractor;
(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management and
Budget Circular A76, as implemented on May 29, 2003, or any
successor circular;
(C) includes the issuance of a solicitation;
(D) determines whether the submitted offers meet the needs of
the executive agency with respect to factors other than cost,
including quality, reliability, and timeliness;
(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in
savings to the Federal Government over the life of the
contract, including--
(i) the estimated cost to the Federal Government (based
on offers received) for performance of the function by a
contractor;
(ii) the estimated cost to the Federal Government for
performance of the function by agency civilian employees;
and
(iii) an estimate of all other costs and expenditures
that the Federal Government would incur because of the
award of the contract;
(F) requires continued performance of the function by agency
civilian employees unless the difference in the cost of
performance of the function by a contractor compared to the
cost of performance of the function by agency civilian
employees would, over all performance periods required by the
solicitation, be equal to or exceed the lesser of--
(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
(ii) $10,000,000; and
(G) examines the effect of performance of the function by a
contractor on the agency mission associated with the
performance of the function.
(2) Not a new requirement.--A function that is performed by the
executive agency and is reengineered, reorganized, modernized,
upgraded, expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be considered a
new requirement.
(3) Prohibitions.--In no case may a function being performed by
executive agency personnel be--
(A) modified, reorganized, divided, or in any way changed for
the purpose of exempting the conversion of the function from
the requirements of this section; or
(B) converted to performance by a contractor to circumvent a
civilian personnel ceiling.
(b) Consulting With Affected Employees or Their Representatives.--
(1) Consulting with affected employees.--Each civilian employee
of an executive agency responsible for determining under Office of
Management and Budget Circular A76 whether to convert to contractor
performance any function of the executive agency--
(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that determination,
consult with civilian employees who will be affected by that
determination and consider the views of the employees on the
development and preparation of that statement and that study;
and
(B) may consult with the employees on other matters relating
to that determination.
(2) Consulting with representatives.--
(A) Employees represented by a labor organization.--In the
case of employees represented by a labor organization accorded
exclusive recognition under section 7111 of title 5,
consultation with representatives of that labor organization
shall satisfy the consultation requirement in paragraph (1).
(B) Employees not represented by a labor organization.--In
the case of employees other than employees referred to in
subparagraph (A), consultation with appropriate representatives
of those employees shall satisfy the consultation requirement
in paragraph (1).
(3) Regulations.--The head of each executive agency shall
prescribe regulations to carry out this subsection. The regulations
shall include provisions for the selection or designation of
appropriate representatives of employees referred to in paragraph
(2)(B) for purposes of consultation required by paragraph (1).
(c) Congressional Notification.--
(1) Report.--Before commencing a public-private competition under
subsection (a), the head of an executive agency shall submit to
Congress a report containing the following:
(A) The function for which the public-private competition is
to be conducted.
(B) The location at which the function is performed by agency
civilian employees.
(C) The number of agency civilian employee positions
potentially affected.
(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary
line item from which funds will be used to cover the cost of
the public-private competition.
(E) A certification that a proposed performance of the
function by a contractor is not a result of a decision by an
official of an executive agency to impose predetermined
constraints or limitations on agency civilian employees in
terms of man years, end strengths, full-time equivalent
positions, or maximum number of employees.
(2) Examination of potential economic effect.--The report
required under paragraph (1) shall include an examination of the
potential economic effect of performance of the function by a
contractor on--
(A) agency civilian employees who would be affected by such a
conversion in performance; and
(B) the local community and the Federal Government, if more
than 50 agency civilian employees perform the function.
(3) Objections to public-private competition.--
(A) Grounds.--A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to the
public-private competition on the grounds that--
(i) the report required by paragraph (1) has not been
submitted; or
(ii) the certification required by paragraph (1)(E) was
not included in the report required by paragraph (1).
(B) Deadlines.--The objection shall be in writing and shall
be submitted within 90 days after the following date:
(i) In the case of a failure to submit the report when
required, the date on which the representative individual
or an official of the representative entity authorized to
pose the objection first knew or should have known of that
failure.
(ii) In the case of a failure to include the
certification in a submitted report, the date on which the
report was submitted to Congress.
(C) Report and certification required before solicitation or
award of contract.--If the head of the executive agency
determines that the report required by paragraph (1) was not
submitted or that the required certification was not included
in the submitted report, the function for which the public-
private competition was conducted for which the objection was
submitted may not be the subject of a solicitation of offers
for, or award of, a contract until, respectively, the report is
submitted or a report containing the certification in full
compliance with the certification requirement is submitted.
(d) Exemption for the Purchase of Products and Services of the Blind
and Other Severely Disabled People.--This section shall not apply to a
commercial or industrial type function of an executive agency that is--
(1) included on the procurement list established pursuant to
section 8503 of this title; or
(2) planned to be changed to performance by a qualified nonprofit
agency for the blind or by a qualified nonprofit agency for other
severely disabled people in accordance with chapter 85 of this
title.
(e) Inapplicability During War or Emergency.--The provisions of this
section shall not apply during war or during a period of national
emergency declared by the President or Congress.

9328ddd66ab7b1fada305b35e071bc97f428bdfac9ab3cc7935230c21e06b4e0

Each executive agency shall establish and maintain cost-effective
procedures and processes for analyzing the functions of a program,
project, system, product, item of equipment, building, facility,
service, or supply of the agency. The analysis shall be--
(1) performed by qualified agency or contractor personnel; and
(2) directed at improving performance, reliability, quality,
safety, and life cycle costs.

7711dbfb85587f697822be1985c49da13f724b7adfda590398ebe7f09fe3e3cc

(a) Maintaining Records on Computer.--Each executive agency shall
establish and maintain for 5 years a computer file, by fiscal year,
containing unclassified records of all procurements greater than the
simplified acquisition threshold in that fiscal year.
(b) Contents.--The record established under subsection (a) shall
include, with respect to each procurement carried out using--
(1) competitive procedures--
(A) the date of contract award;
(B) information identifying the source to whom the contract
was awarded;
(C) the property or services the Federal Government obtains
under the procurement; and
(D) the total cost of the procurement; or
(2) procedures other than competitive procedures--
(A) the information described in paragraph (1);
(B) the reason under section 3304(a) of this title or section
2304(c) of title 10 for using the procedures; and
(C) the identity of the organization or activity that
conducted the procurement.
(c) Separate Record Category for Procurements Resulting in One Bid or
Proposal.--Information included in a record pursuant to subsection
(b)(1) that relates to procurements resulting in the submission of a
bid or proposal by only one responsible source shall be separately
categorized from the information relating to other procurements
included in the record. The record of that information shall be
designated ``noncompetitive procurements using competitive
procedures''.
(d) Transmission and Data Entry of Information.--The head of each
executive agency shall--
(1) ensure the accuracy of the information included in the record
established and maintained by the agency under subsection (a); and
(2) transmit in a timely manner such information to the General
Services Administration for entry into the Federal Procurement Data
System referred to in section 1122(a)(4) of this title, or any
successor system.

d4c6e76dfc0e8e70e06869b257746046fec1b73d6d5371737072907594bf7af2

(a) Definitions.--In this section:
(1) Qualified hubzone small business concern.--The term
``qualified HUBZone small business concern'' has the meaning given
that term in section 3(p) of the Small Business Act (15 U.S.C.
632(p)).
(2) Small business concern owned and controlled by socially and
economically disadvantaged individuals.--The term ``small business
concern owned and controlled by socially and economically
disadvantaged individuals'' has the meaning given that term in
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
(3) Small business concern owned and controlled by women.--The
term ``small business concern owned and controlled by women'' has
the meaning given that term in section 8(d) of the Small Business
Act (15 U.S.C. 637(d)) and section 204 of the Women's Business
Ownership Act of 1988 (Public Law 100-533, 102 Stat. 2692).
(b) Reporting.--Each Federal agency shall report to the Office of
Federal Procurement Policy the number of qualified HUBZone small
business concerns, the number of small businesses owned and controlled
by women, and the number of small business concerns owned and
controlled by socially and economically disadvantaged individuals, by
gender, that are first time recipients of contracts from the agency.
The Office shall take appropriate action to ascertain, for each fiscal
year, the number of those small businesses that have newly entered the
Federal market.
CHAPTER 19--SIMPLIFIED ACQUISITION PROCEDURES
Sec.
1901.  Simplified acquisition procedures.
1902.  Procedures applicable to purchases below micro-purchase
threshold.
1903.  Special emergency procurement authority.
1904.  Certain transactions for defense against attack.
1905.  List of laws inapplicable to contracts or subcontracts not
greater than simplified acquisition threshold.
1906.  List of laws inapplicable to procurements of commercial items.
1907.  List of laws inapplicable to procurements of commercially
available off-the-shelf items.
1908.  Inflation adjustment of acquisition-related dollar thresholds.

d187292ee0397020b0f49c82a81befa0ce514fc0ffeb219cb0a2f3ecd557ab97

(a) When Procedures Are To Be Used.--To promote efficiency and
economy in contracting and to avoid unnecessary burdens for agencies
and contractors, the Federal Acquisition Regulation shall provide for
special simplified procedures for purchases of property and services
for amounts--
(1) not greater than the simplified acquisition threshold; and
(2) greater than the simplified acquisition threshold but not
greater than $5,000,000 for which the contracting officer
reasonably expects, based on the nature of the property or services
sought and on market research, that offers will include only
commercial items.
(b) Prohibition on Dividing Purchases.--A proposed purchase or
contract for an amount above the simplified acquisition threshold may
not be divided into several purchases or contracts for lesser amounts
to use the simplified acquisition procedures required by subsection
(a).
(c) Promotion of Competition Required.--When using simplified
acquisition procedures, the head of an executive agency shall promote
competition to the maximum extent practicable.
(d) Consideration of Offers Timely Received.--The simplified
acquisition procedures contained in the Federal Acquisition Regulation
shall include a requirement that a contracting officer consider each
responsive offer timely received from an eligible offeror.
(e) Special Rules for Commercial Items.--The Federal Acquisition
Regulation shall provide that an executive agency using special
simplified procedures to purchase commercial items--
(1) shall publish a notice in accordance with section 1708 of
this title and, as provided in section 1708(c)(4) of this title,
permit all responsible sources to submit a bid, proposal, or
quotation (as appropriate) that the agency shall consider;
(2) may not conduct the purchase on a sole source basis unless
the need to do so is justified in writing and approved in
accordance with section 2304(f) of title 10 or section 3304(e) of
this title, as applicable; and
(3) shall include in the contract file a written description of
the procedures used in awarding the contract and the number of
offers received.

4b90517a3b35dea57eee328c0ff473d41f0f41df830498375fa405559aa4e235

threshold
(a) Definition.--For purposes of this section, the micro-purchase
threshold is $3,000.
(b) Compliance With Certain Requirements and Nonapplicability of
Certain Authority.--
(1) Compliance with certain requirements.--The head of each
executive agency shall ensure that procuring activities of that
agency, when awarding a contract with a price exceeding the micro-
purchase threshold, comply with the requirements of section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), section 2323 of title
10, and section 7102 of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355, 15 U.S.C. 644 note).
(2) Nonapplicability of certain authority.--The authority under
part 13.106(a)(1) of the Federal Acquisition Regulation (48 C.F.R.
13.106(a)(1)), as in effect on November 18, 1993, to make purchases
without securing competitive quotations does not apply to a
purchase with a price exceeding the micro-purchase threshold.
(c) Nonapplicability of Certain Provisions.--An executive agency
purchase with an anticipated value of the micro-purchase threshold or
less is not subject to section 15(j) of the Small Business Act (15
U.S.C. 644(j)) and chapter 83 of this title.
(d) Purchases Without Competitive Quotations.--A purchase not greater
than $3,000 may be made without obtaining competitive quotations if an
employee of an executive agency or a member of the armed forces,
authorized to do so, determines that the price for the purchase is
reasonable.
(e) Equitable Distribution.--Purchases not greater than $3,000 shall
be distributed equitably among qualified suppliers.
(f) Implementation Through Federal Acquisition Regulation.--This
section shall be implemented through the Federal Acquisition
Regulation.

20272f37016c82720c352dd07a6b1758bc28f7b42c041e2ce264ef6eccf0cb75

(a) Applicability.--The authorities provided in subsections (b) and
(c) apply with respect to a procurement of property or services by or
for an executive agency that the head of the executive agency
determines are to be used--
(1) in support of a contingency operation (as defined in section
101(a) of title 10); or
(2) to facilitate the defense against or recovery from nuclear,
biological, chemical, or radiological attack against the United
States.
(b) Increased Thresholds and Limitation.--For a procurement to which
this section applies under subsection (a)--
(1) the amount specified in section 1902(a), (d), and (e) of this
title shall be deemed to be--
(A) $15,000 in the case of a contract to be awarded and
performed, or purchase to be made, in the United States; and
(B) $25,000 in the case of a contract to be awarded and
performed, or purchase to be made, outside the United States;
(2) the term ``simplified acquisition threshold'' means--
(A) $250,000 in the case of a contract to be awarded and
performed, or purchase to be made, in the United States; and
(B) $1,000,000 in the case of a contract to be awarded and
performed, or purchase to be made, outside the United States;
and
(3) the $5,000,000 limitation in sections 1901(a)(2) and
3305(a)(2) of this title and section 2304(g)(1)(B) of title 10 is
deemed to be $10,000,000.
(c) Authority To Treat Property or Service as Commercial Item.--
(1) In general.--The head of an executive agency carrying out a
procurement of property or a service to which this section applies
under subsection (a)(2) may treat the property or service as a
commercial item for the purpose of carrying out the procurement.
(2) Certain contracts not exempt from standards or
requirements.--A contract in an amount of more than $15,000,000
that is awarded on a sole source basis for an item or service
treated as a commercial item under paragraph (1) is not exempt
from--
(A) cost accounting standards prescribed under section 1502
of this title; or
(B) cost or pricing data requirements (commonly referred to
as truth in negotiating) under chapter 35 of this title and
section 2306a of title 10.

ff269ec95ede8cd01325de054e834bd31599cb91136074a443fba3fba6686670

(a) Authority.--
(1) In general.--The head of an executive agency that engages in
basic research, applied research, advanced research, and
development projects that are necessary to the responsibilities of
the executive agency in the field of research and development and
have the potential to facilitate defense against or recovery from
terrorism or nuclear, biological, chemical, or radiological attack
may exercise the same authority (subject to the same restrictions
and conditions) with respect to the research and projects as the
Secretary of Defense may exercise under section 2371 of title 10,
except for subsections (b) and (f) of section 2371.
(2) Prototype projects.--The head of an executive agency, under
the authority of paragraph (1), may carry out prototype projects
that meet the requirements of paragraph (1) in accordance with the
requirements and conditions provided for carrying out prototype
projects under section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160, 10 U.S.C. 2371 note),
including that, to the maximum extent practicable, competitive
procedures shall be used when entering into agreements to carry out
projects under section 845(a) of that Act and that the period of
authority to carry out projects under section 845(a) of that Act
terminates as provided in section 845(i) of that Act.
(3) Application of requirements and conditions.--In applying the
requirements and conditions of section 845 of that Act under this
subsection--
(A) section 845(c) of that Act shall apply with respect to
prototype projects carried out under paragraph (2); and
(B) the Director of the Office of Management and Budget shall
perform the functions of the Secretary of Defense under section
845(d) of that Act.
(4) Applicability to selected executive agencies.--
(A) Office of management and budget.--The head of an
executive agency may exercise authority under this subsection
for a project only if authorized by the Director of the Office
of Management and Budget.
(B) Department of homeland security.--Authority under this
subsection does not apply to the Secretary of Homeland Security
while section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is in effect.
(b) Regulations.--The Director of the Office of Management and Budget
shall prescribe regulations to carry out this section. No transaction
may be conducted under the authority of this section before the
regulations take effect.
(c) Annual Report.--The annual report of the head of an executive
agency that is required under section 2371(h) of title 10, as applied
to the head of the executive agency by subsection (a), shall be
submitted to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives.
(d) Termination of Authority.--The authority to carry out
transactions under subsection (a) terminates on September 30, 2008.

4a1126b2a64146570207ab2eb0c703b54519e1c028cf2c4b36a91fef35bbf1e3

greater than simplified acquisition threshold
(a) Definition.--In this section, the term ``Council'' has the
meaning given that term in section 1301 of this title.
(b) Inclusion in Federal Acquisition Regulation.--
(1) In general.--The Federal Acquisition Regulation shall include
a list of provisions of law that are inapplicable to contracts or
subcontracts in amounts not greater than the simplified acquisition
threshold. A provision of law properly included on the list
pursuant to paragraph (2) does not apply to contracts or
subcontracts in amounts not greater than the simplified acquisition
threshold that are made by an executive agency. This section does
not render a provision of law not included on the list inapplicable
to contracts and subcontracts in amounts not greater than the
simplified acquisition threshold.
(2) Laws enacted after october 13, 1994.--A provision of law
described in subsection (c) that is enacted after October 13, 1994,
shall be included on the list of inapplicable provisions of laws
required by paragraph (1) unless the Council makes a written
determination that it would not be in the best interest of the
Federal Government to exempt contracts or subcontracts in amounts
not greater than the simplified acquisition threshold from the
applicability of the provision.
(c) Covered Law.--A provision of law referred to in subsection (b)(2)
is a provision of law that the Council determines sets forth policies,
procedures, requirements, or restrictions for the procurement of
property or services by the Federal Government, except for a provision
of law that--
(1) provides for criminal or civil penalties; or
(2) specifically refers to this section and provides that,
notwithstanding this section, it shall be applicable to contracts
or subcontracts in amounts not greater than the simplified
acquisition threshold.
(d) Petition.--A person may petition the Administrator to take
appropriate action when a provision of law described in subsection (c)
is not included on the list of inapplicable provisions of law as
required by subsection (b) and the Council has not made a written
determination pursuant to subsection (b)(2). The Administrator shall
revise the Federal Acquisition Regulation to include the provision on
the list of inapplicable provisions of law unless the Council makes a
determination pursuant to subsection (b)(2) within 60 days after the
petition is received.

da0f67b61f137a10d0113dcafaea80b601ddb4185368019d1483ecf65a6c71e4

items
(a) Definition.--In this section, the term ``Council'' has the
meaning given that term in section 1301 of this title.
(b) Contracts.--
(1) Inclusion in federal acquisition regulation.--The Federal
Acquisition Regulation shall include a list of provisions of law
that are inapplicable to contracts for the procurement of
commercial items. A provision of law properly included on the list
pursuant to paragraph (2) does not apply to purchases of commercial
items by an executive agency. This section does not render a
provision of law not included on the list inapplicable to contracts
for the procurement of commercial items.
(2) Laws enacted after october 13, 1994.--A provision of law
described in subsection (d) that is enacted after October 13, 1994,
shall be included on the list of inapplicable provisions of law
required by paragraph (1) unless the Council makes a written
determination that it would not be in the best interest of the
Federal Government to exempt contracts for the procurement of
commercial items from the applicability of the provision.
(c) Subcontracts.--
(1) Definition.--In this subsection, the term ``subcontract''
includes a transfer of commercial items between divisions,
subsidiaries, or affiliates of a contractor or subcontractor.
(2) Inclusion in federal acquisition regulation.--The Federal
Acquisition Regulation shall include a list of provisions of law
that are inapplicable to subcontracts under a contract or
subcontract for the procurement of commercial items. A provision of
law properly included on the list pursuant to paragraph (3) does
not apply to those subcontracts. This section does not render a
provision of law not included on the list inapplicable to
subcontracts under a contract for the procurement of commercial
items.
(3) Provisions to be excluded from list.--A provision of law
described in subsection (d) shall be included on the list of
inapplicable provisions of law required by paragraph (2) unless the
Council makes a written determination that it would not be in the
best interest of the Federal Government to exempt subcontracts
under a contract for the procurement of commercial items from the
applicability of the provision.
(4) Waiver not authorized.--This subsection does not authorize
the waiver of the applicability of any provision of law with
respect to any subcontract under a contract with a prime contractor
reselling or distributing commercial items of another contractor
without adding value.
(d) Covered Law.--A provision of law referred to in subsections
(b)(2) and (c) is a provision of law that the Council determines sets
forth policies, procedures, requirements, or restrictions for the
procurement of property or services by the Federal Government, except
for a provision of law that--
(1) provides for criminal or civil penalties; or
(2) specifically refers to this section and provides that,
notwithstanding this section, it shall be applicable to contracts
for the procurement of commercial items.
(e) Petition.--A person may petition the Administrator to take
appropriate action when a provision of law described in subsection (d)
is not included on the list of inapplicable provisions of law as
required by subsection (b) or (c) and the Council has not made a
written determination pursuant to subsection (b)(2) or (c)(3). The
Administrator shall revise the Federal Acquisition Regulation to
include the provision on the list of inapplicable provisions of law
unless the Council makes a determination pursuant to subsection (b)(2)
or (c)(3) within 60 days after the petition is received.

24faa30f7367b6e354c7ed09185b83ba6555fcbbb8da0f9793bd8bdebac707af

available off-the-shelf items
(a) Inclusion in Federal Acquisition Regulation.--
(1) In general.--The Federal Acquisition Regulation shall include
a list of provisions of law that are inapplicable to contracts for
the procurement of commercially available off-the-shelf items. A
provision of law properly included on the list pursuant to
paragraph (2) does not apply to contracts for the procurement of
commercially available off-the-shelf items. This section does not
render a provision of law not included on the list inapplicable to
contracts for the procurement of commercially available off-the-
shelf items.
(2) Laws to be included.--A provision of law described in
subsection (b) shall be included on the list of inapplicable
provisions of law required by paragraph (1) unless the
Administrator makes a written determination that it would not be in
the best interest of the Federal Government to exempt contracts for
the procurement of commercially available off-the-shelf items from
the applicability of the provision.
(3) Other authorities or responsibilities not affected.--This
section does not modify, supersede, impair, or restrict authorities
or responsibilities under--
(A) section 15 of the Small Business Act (15 U.S.C. 644); or
(B) bid protest procedures developed under the authority of--
(i) subchapter V of chapter 35 of title 31;
(ii) section 2305(e) and (f) of title 10; or
(iii) sections 3706 and 3707 of this title.
(b) Covered Law.--Except as provided in subsection (a)(3), a
provision of law referred to in subsection (a)(1) is a provision of law
that the Administrator determines imposes Federal Government-unique
policies, procedures, requirements, or restrictions for the procurement
of property or services on persons whom the Federal Government has
awarded contracts for the procurement of commercially available off-
the-shelf items, except for a provision of law that--
(1) provides for criminal or civil penalties; or
(2) specifically refers to this section and provides that,
notwithstanding this section, it shall be applicable to contracts
for the procurement of commercially available off-the-shelf items.

01efe273cf926d93aaf1c90ad0ee6cd77c4306ba91f7c297ba9b1363d510164d

thresholds
(a) Definition.--In this section, the term ``Council'' has the
meaning given that term in section 1301 of this title.
(b) Application.--
(1) In general.--Except as provided in paragraph (2), the
requirement for adjustment under subsection (c) applies to a dollar
threshold that is specified in law as a factor in defining the
scope of the applicability of a policy, procedure, requirement, or
restriction provided in that law to the procurement of property or
services by an executive agency, as the Council determines.
(2) Exceptions.--Subsection (c) does not apply to dollar
thresholds--
(A) in chapter 67 of this title;
(B) in sections 3141 to 3144, 3146, and 3147 of title 40; or
(C) the United States Trade Representative establishes
pursuant to title III of the Trade Agreements Act of 1979 (19
U.S.C. 2511 et seq.).
(3) Relationship to other inflation adjustment authorities.--This
section supersedes the applicability of other provisions of law
that provide for the adjustment of a dollar threshold that is
adjustable under this section.
(c) Requirement for Periodic Adjustment.--
(1) Baseline constant dollar value.--For purposes of paragraph
(2), the baseline constant dollar value for a dollar threshold--
(A) in effect on October 1, 2000, that was first specified in
a law that took effect on or before October 1, 2000, is the
October 1, 2000, constant dollar value of that dollar
threshold; and
(B) specified in a law that takes effect after October 1,
2000, is the constant dollar value of that threshold as of the
effective date of that dollar threshold pursuant to that law.
(2) Adjustment.--On October 1 of each year evenly divisible by 5,
the Council shall adjust each acquisition-related dollar threshold
provided by law, as described in subsection (b)(1), to the baseline
constant dollar value of that threshold.
(3) Exclusive means of adjustment.--A dollar threshold adjustable
under this section shall be adjusted only as provided in this
section.
(d) Publication.--The Council shall publish a notice of the adjusted
dollar thresholds under this section in the Federal Register. The
thresholds take effect on the date of publication.
(e) Calculation.--An adjustment under this section shall be--
(1) calculated on the basis of changes in the Consumer Price
Index for all-urban consumers published monthly by the Secretary of
Labor; and
(2) rounded, in the case of a dollar threshold that on the day
before the adjustment is--
(A) less than $10,000, to the nearest $500;
(B) not less than $10,000, but less than $100,000, to the
nearest $5,000;
(C) not less than $100,000, but less than $1,000,000, to the
nearest $50,000; and
(D) $1,000,000 or more, to the nearest $500,000.
(f) Petition for Inclusion of Omitted Threshold.--
(1) Petition submitted to administrator.--A person may request
adjustment of a dollar threshold adjustable under this section that
is not included in a notice of adjustment published under
subsection (d) by submitting a petition for adjustment to the
Administrator.
(2) Actions of administrator.--On receipt of a petition for
adjustment of a dollar threshold under paragraph (1), the
Administrator--
(A) shall determine, in writing, whether the dollar threshold
is required to be adjusted under this section; and
(B) on determining that it should be adjusted, shall publish
in the Federal Register a revised notice of the adjustment
dollar thresholds under this section that includes the
adjustment of the dollar threshold covered by the petition.
(3) Effective date of adjustment by petition.--The adjustment of
a dollar threshold pursuant to a petition under this subsection
takes effect on the date the revised notice adding the adjustment
under paragraph (2)(B) is published.
CHAPTER 21--RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN
INFORMATION
Sec.
2101.  Definitions.
2102.  Prohibitions on disclosing and obtaining procurement information.
2103.  Actions required of procurement officers when contacted regarding
non-Federal employment.
2104.  Prohibition on former official's acceptance of compensation from
contractor.
2105.  Penalties and administrative actions.
2106.  Reporting information believed to constitute evidence of offense.
2107.  Savings provisions.

0caebbfa25b5f638af315b33af6958858109412a85fcb78475da1b695c9c6c1f

In this chapter:
(1) Contracting officer.--The term ``contracting officer'' means
an individual who, by appointment in accordance with applicable
regulations, has the authority to enter into a Federal agency
procurement contract on behalf of the Government and to make
determinations and findings with respect to the contract.
(2) Contractor bid or proposal information.--The term
``contractor bid or proposal information'' means any of the
following information submitted to a Federal agency as part of, or
in connection with, a bid or proposal to enter into a Federal
agency procurement contract, if that information previously has not
been made available to the public or disclosed publicly:
(A) Cost or pricing data (as defined in section 2306a(h) of
title 10 with respect to procurements subject to that section
and section 3501(a) of this title with respect to procurements
subject to that section).
(B) Indirect costs and direct labor rates.
(C) Proprietary information about manufacturing processes,
operations, or techniques marked by the contractor in
accordance with applicable law or regulation.
(D) Information marked by the contractor as ``contractor bid
or proposal information'', in accordance with applicable law or
regulation.
(3) Federal agency.--The term ``Federal agency'' has the meaning
given that term in section 102 of title 40.
(4) Federal agency procurement.--The term ``Federal agency
procurement'' means the acquisition (by using competitive
procedures and awarding a contract) of goods or services (including
construction) from non-Federal sources by a Federal agency using
appropriated funds.
(5) Official.--The term ``official'' means--
(A) an officer, as defined in section 2104 of title 5;
(B) an employee, as defined in section 2105 of title 5; and
(C) a member of the uniformed services, as defined in section
2101(3) of title 5.
(6) Protest.--The term ``protest'' means a written objection by
an interested party to the award or proposed award of a Federal
agency procurement contract, pursuant to subchapter V of chapter 35
of title 31.
(7) Source selection information.--The term ``source selection
information'' means any of the following information prepared for
use by a Federal agency to evaluate a bid or proposal to enter into
a Federal agency procurement contract, if that information
previously has not been made available to the public or disclosed
publicly:
(A) Bid prices submitted in response to a Federal agency
solicitation for sealed bids, or lists of those bid prices
before public bid opening.
(B) Proposed costs or prices submitted in response to a
Federal agency solicitation, or lists of those proposed costs
or prices.
(C) Source selection plans.
(D) Technical evaluation plans.
(E) Technical evaluations of proposals.
(F) Cost or price evaluations of proposals.
(G) Competitive range determinations that identify proposals
that have a reasonable chance of being selected for award of a
contract.
(H) Rankings of bids, proposals, or competitors.
(I) Reports and evaluations of source selection panels,
boards, or advisory councils.
(J) Other information marked as ``source selection
information'' based on a case-by-case determination by the head
of the agency, the head's designee, or the contracting officer
that its disclosure would jeopardize the integrity or
successful completion of the Federal agency procurement to
which the information relates.

0c7ac1742615dc97eb640a10a3c93df1f8925bab2e8cef1809f4536448d8356d

information
(a) Prohibition on Disclosing Procurement Information.--
(1) In general.--Except as provided by law, a person described in
paragraph (3) shall not knowingly disclose contractor bid or
proposal information or source selection information before the
award of a Federal agency procurement contract to which the
information relates.
(2) Employee of private sector organization.--In addition to the
restriction in paragraph (1), an employee of a private sector
organization assigned to an agency under chapter 37 of title 5
shall not knowingly disclose contractor bid or proposal information
or source selection information during the 3-year period after the
employee's assignment ends, except as provided by law.
(3) Application.--Paragraph (1) applies to a person that--
(A)(i) is a present or former official of the Federal
Government; or
(ii) is acting or has acted for or on behalf of, or who is
advising or has advised the Federal Government with respect to,
a Federal agency procurement; and
(B) by virtue of that office, employment, or relationship has
or had access to contractor bid or proposal information or
source selection information.
(b) Prohibition on Obtaining Procurement Information.--Except as
provided by law, a person shall not knowingly obtain contractor bid or
proposal information or source selection information before the award
of a Federal agency procurement contract to which the information
relates.

e5d80712090facacd430b4af45773ad2bf0138a6d35c545875337551be95944e

regarding non-Federal employment
(a) Actions Required.--An agency official participating personally
and substantially in a Federal agency procurement for a contract in
excess of the simplified acquisition threshold who contacts or is
contacted by a person that is a bidder or offeror in that Federal
agency procurement regarding possible non-Federal employment for that
official shall--
(1) promptly report the contact in writing to the official's
supervisor and to the designated agency ethics official (or
designee) of the agency in which the official is employed; and
(2)(A) reject the possibility of non-Federal employment; or
(B) disqualify himself or herself from further personal and
substantial participation in that Federal agency procurement until
the agency authorizes the official to resume participation in the
procurement, in accordance with the requirements of section 208 of
title 18 and applicable agency regulations on the grounds that--
(i) the person is no longer a bidder or offeror in that
Federal agency procurement; or
(ii) all discussions with the bidder or offeror regarding
possible non-Federal employment have terminated without an
agreement or arrangement for employment.
(b) Retention of Reports.--The agency shall retain each report
required by this section for not less than 2 years following the
submission of the report. The reports shall be made available to the
public on request, except that any part of a report that is exempt from
the disclosure requirements of section 552 of title 5 under subsection
(b)(1) of that section may be withheld from disclosure to the public.
(c) Persons Subject to Penalties.--The following are subject to the
penalties and administrative actions set forth in section 2105 of this
title:
(1) An official who knowingly fails to comply with the
requirements of this section.
(2) A bidder or offeror that engages in employment discussions
with an official who is subject to the restrictions of this
section, knowing that the official has not complied with paragraph
(1) or (2) of subsection (a).

1053985d7acc5fc60e1c80786704d90624d8eb22853582241b199e91080951f3

from contractor
(a) Prohibition.--A former official of a Federal agency may not
accept compensation from a contractor as an employee, officer,
director, or consultant of the contractor within one year after the
official--
(1) served, when the contractor was selected or awarded a
contract, as the procuring contracting officer, the source
selection authority, a member of the source selection evaluation
board, or the chief of a financial or technical evaluation team in
a procurement in which that contractor was selected for award of a
contract in excess of $10,000,000;
(2) served as the program manager, deputy program manager, or
administrative contracting officer for a contract in excess of
$10,000,000 awarded to that contractor; or
(3) personally made for the Federal agency a decision to--
(A) award a contract, subcontract, modification of a contract
or subcontract, or a task order or delivery order in excess of
$10,000,000 to that contractor;
(B) establish overhead or other rates applicable to one or
more contracts for that contractor that are valued in excess of
$10,000,000;
(C) approve issuance of one or more contract payments in
excess of $10,000,000 to that contractor; or
(D) pay or settle a claim in excess of $10,000,000 with that
contractor.
(b) When Compensation May Be Accepted.--Subsection (a) does not
prohibit a former official of a Federal agency from accepting
compensation from a division or affiliate of a contractor that does not
produce the same or similar products or services as the entity of the
contractor that is responsible for the contract referred to in
paragraph (1), (2), or (3) of subsection (a).
(c) Implementing Regulations.--Regulations implementing this section
shall include procedures for an official or former official of a
Federal agency to request advice from the appropriate designated agency
ethics official regarding whether the official or former official is or
would be precluded by this section from accepting compensation from a
particular contractor.
(d) Persons Subject to Penalties.--The following are subject to the
penalties and administrative actions set forth in section 2105 of this
title:
(1) A former official who knowingly accepts compensation in
violation of this section.
(2) A contractor that provides compensation to a former official
knowing that the official accepts the compensation in violation of
this section.

8bafab922ba4ef9e17ceed5d5fd2ea3e43de183269875f447f493d21a9b1c581

(a) Criminal Penalties.--A person that violates section 2102 of this
title to exchange information covered by section 2102 of this title for
anything of value or to obtain or give a person a competitive advantage
in the award of a Federal agency procurement contract shall be fined
under title 18, imprisoned for not more than 5 years, or both.
(b) Civil Penalties.--The Attorney General may bring a civil action
in an appropriate district court of the United States against a person
that engages in conduct that violates section 2102, 2103, or 2104 of
this title. On proof of that conduct by a preponderance of the
evidence--
(1) an individual is liable to the Federal Government for a civil
penalty of not more than $50,000 for each violation plus twice the
amount of compensation that the individual received or offered for
the prohibited conduct; and
(2) an organization is liable to the Federal Government for a
civil penalty of not more than $500,000 for each violation plus
twice the amount of compensation that the organization received or
offered for the prohibited conduct.
(c) Administrative Actions.--
(1) Types of action that federal agency may take.--A Federal
agency that receives information that a contractor or a person has
violated section 2102, 2103, or 2104 of this title shall consider
taking one or more of the following actions, as appropriate:
(A) Canceling the Federal agency procurement, if a contract
has not yet been awarded.
(B) Rescinding a contract with respect to which--
(i) the contractor or someone acting for the contractor
has been convicted for an offense punishable under
subsection (a); or
(ii) the head of the agency that awarded the contract has
determined, based on a preponderance of the evidence, that
the contractor or a person acting for the contractor has
engaged in conduct constituting the offense.
(C) Initiating a suspension or debarment proceeding for the
protection of the Federal Government in accordance with
procedures in the Federal Acquisition Regulation.
(D) Initiating an adverse personnel action, pursuant to the
procedures in chapter 75 of title 5 or other applicable law or
regulation.
(2) Amount government entitled to recover.--When a Federal agency
rescinds a contract pursuant to paragraph (1)(B), the Federal
Government is entitled to recover, in addition to any penalty
prescribed by law, the amount expended under the contract.
(3) Present responsibility affected by conduct.--For purposes of
a suspension or debarment proceeding initiated pursuant to
paragraph (1)(C), engaging in conduct constituting an offense under
section 2102, 2103, or 2104 of this title affects the present
responsibility of a Federal Government contractor or subcontractor.

049f56d8db2375d93824d9b3e7484a5aa54b8e9316a91ef6f78d63b167f9e038

offense
A person may not file a protest against the award or proposed award
of a Federal agency procurement contract alleging a violation of
section 2102, 2103, or 2104 of this title, and the Comptroller General
may not consider that allegation in deciding a protest, unless the
person, no later than 14 days after the person first discovered the
possible violation, reported to the Federal agency responsible for the
procurement the information that the person believed constitutes
evidence of the offense.

8342067f2baacb44adb124a68abc0eb790f605a93c38d631acfe8d5314009df6

This chapter does not--
(1) restrict the disclosure of information to, or its receipt by,
a person or class of persons authorized, in accordance with
applicable agency regulations or procedures, to receive that
information;
(2) restrict a contractor from disclosing its own bid or proposal
information or the recipient from receiving that information;
(3) restrict the disclosure or receipt of information relating to
a Federal agency procurement after it has been canceled by the
Federal agency before contract award unless the Federal agency
plans to resume the procurement;
(4) prohibit individual meetings between a Federal agency
official and an offeror or potential offeror for, or a recipient
of, a contract or subcontract under a Federal agency procurement,
provided that unauthorized disclosure or receipt of contractor bid
or proposal information or source selection information does not
occur;
(5) authorize the withholding of information from, nor restrict
its receipt by, Congress, a committee or subcommittee of Congress,
the Comptroller General, a Federal agency, or an inspector general
of a Federal agency;
(6) authorize the withholding of information from, nor restrict
its receipt by, the Comptroller General in the course of a protest
against the award or proposed award of a Federal agency procurement
contract; or
(7) limit the applicability of a requirement, sanction, contract
penalty, or remedy established under another law or regulation.
CHAPTER 23--MISCELLANEOUS
Sec.
2301.  Use of electronic commerce in Federal procurement.
2302.  Rights in technical data.
2303.  Ethics safeguards related to contractor conflicts of interest.
2304.  Conflict of interest standards for consultants.
2305.  Authority of Director of Office of Management and Budget not
affected.
2306.  Openness of meetings.
2307.  Comptroller General's access to information.
2308.  Modular contracting for information technology.
2309.  Protection of constitutional rights of contractors.
2310.  Performance-based contracts or task orders for services to be
treated as contracts for the procurement of commercial items.
2311.  Enhanced transparency on interagency contracting and other
transactions.
2312.  Contingency Contracting Corps.
2313.  Database for Federal agency contract and grant officers and
suspension and debarment officials.

5f56482c37cf9e35e00678cab0ca790075b8deafe064240234cda60c1a968836

(a) Definition.--For the purposes of this section, the term
``electronic commerce'' means electronic techniques for accomplishing
business transactions, including electronic mail or messaging, World
Wide Web technology, electronic bulletin boards, purchase cards,
electronic funds transfers, and electronic data interchange.
(b) Establishment, Maintenance, and Use of Electronic Commerce
Procedures and Processes.--The head of each executive agency, after
consulting with the Administrator, shall establish, maintain, and use,
to the maximum extent that is practicable and cost-effective,
procedures and processes that employ electronic commerce in the conduct
and administration of the procurement system of the agency.
(c) Applicable Standards.--In conducting electronic commerce, the
head of an executive agency shall apply nationally and internationally
recognized standards that broaden interoperability and ease the
electronic interchange of information.
(d) Requirements of Systems, Technologies, Procedures, and
Processes.--The head of each executive agency shall ensure that
systems, technologies, procedures, and processes established pursuant
to this section--
(1) are implemented with uniformity throughout the agency, to the
extent practicable;
(2) are implemented only after granting due consideration to the
use or partial use, as appropriate, of existing electronic commerce
and electronic data interchange systems and infrastructures such as
the Federal acquisition computer network architecture known as
FACNET;
(3) facilitate access to Federal Government procurement
opportunities, including opportunities for small business concerns,
socially and economically disadvantaged small business concerns,
and business concerns owned predominantly by women; and
(4) ensure that any notice of agency requirements or agency
solicitation for contract opportunities is provided in a form that
allows convenient and universal user access through a single,
Government-wide point of entry.
(e) Implementation.--In carrying out the requirements of this
section, the Administrator shall--
(1) issue policies to promote, to the maximum extent practicable,
uniform implementation of this section by executive agencies, with
due regard for differences in program requirements among agencies
that may require departures from uniform procedures and processes
in appropriate cases, when warranted because of the agency mission;
(2) ensure that the head of each executive agency complies with
the requirements of subsection (d); and
(3) consult with the heads of appropriate Federal agencies with
applicable technical and functional expertise, including the Office
of Information and Regulatory Affairs, the National Institute of
Standards and Technology, the General Services Administration, and
the Department of Defense.

2a3988e249bb7ddda12bdf6eefd0b37fae50cb5cba37a1a1fc76ed26d7dcbf62

(a) Where Defined.--The legitimate proprietary interest of the
Federal Government and of a contractor in technical or other data shall
be defined in regulations prescribed as part of the Federal Acquisition
Regulation.
(b) General Extent of Regulations.--
(1) Other rights not impaired.--Regulations prescribed under
subsection (a) may not impair a right of the Federal Government or
of a contractor with respect to a patent or copyright or another
right in technical data otherwise established by law.
(2) Limitation on requiring data be provided to the government.--
With respect to executive agencies subject to division C,
regulations prescribed under subsection (a) shall provide that the
Federal Government may not require a person that has developed a
product (or process offered or to be offered for sale to the
public) to provide to the Federal Government technical data
relating to the design (or development or manufacture of the
product or process) as a condition of procurement by the Federal
Government of the product or process. This paragraph does not apply
to data that may be necessary for the Federal Government to operate
and maintain the product or use the process if the Federal
Government obtains it as an element of performance under the
contract.
(c) Technical Data Developed With Federal Funds.--
(1) Use by government and agencies.--Except as otherwise
expressly provided by Federal statute, with respect to executive
agencies subject to division C, regulations prescribed under
subsection (a) shall provide that--
(A) the Federal Government has unlimited rights in technical
data developed exclusively with Federal funds if delivery of
the data--
(i) was required as an element of performance under a
contract; and
(ii) is needed to ensure the competitive acquisition of
supplies or services that will be required in substantial
quantities in the future; and
(B) the Federal Government and each agency of the Federal
Government has an unrestricted, royalty-free right to use, or
to have its contractors use, for governmental purposes
(excluding publication outside the Federal Government)
technical data developed exclusively with Federal funds.
(2) Requirements in addition to other rights of the government.--
The requirements of paragraph (1) are in addition to and not in
lieu of any other rights the Federal Government may have pursuant
to law.
(d) Factors To Be Considered in Prescribing Regulations.--The
following factors shall be considered in prescribing regulations under
subsection (a):
(1) Whether the item or process to which the technical data
pertains was developed--
(A) exclusively with Federal funds;
(B) exclusively at private expense; or
(C) in part with Federal funds and in part at private
expense.
(2) The statement of congressional policy and objectives in
section 200 of title 35, the statement of purposes in section 2(b)
of the Small Business Innovation Development Act of 1982 (Public
Law 97-219, 15 U.S.C. 638 note), and the declaration of policy in
section 2 of the Small Business Act (15 U.S.C. 631).
(3) The interest of the Federal Government in increasing
competition and lowering costs by developing and locating
alternative sources of supply and manufacture.
(e) Provisions Required in Contracts.--Regulations prescribed under
subsection (a) shall require that a contract for property or services
entered into by an executive agency contain appropriate provisions
relating to technical data, including provisions--
(1) defining the respective rights of the Federal Government and
the contractor or subcontractor (at any tier) regarding technical
data to be delivered under the contract;
(2) specifying technical data to be delivered under the contract
and schedules for delivery;
(3) establishing or referencing procedures for determining the
acceptability of technical data to be delivered under the contract;
(4) establishing separate contract line items for technical data
to be delivered under the contract;
(5) to the maximum practicable extent, identifying, in advance of
delivery, technical data which is to be delivered with restrictions
on the right of the Federal Government to use the data;
(6) requiring the contractor to revise any technical data
delivered under the contract to reflect engineering design changes
made during the performance of the contract and affecting the form,
fit, and function of the items specified in the contract and to
deliver the revised technical data to an agency within a time
specified in the contract;
(7) requiring the contractor to furnish written assurance, when
technical data is delivered or is made available, that the
technical data is complete and accurate and satisfies the
requirements of the contract concerning technical data;
(8) establishing remedies to be available to the Federal
Government when technical data required to be delivered or made
available under the contract is found to be incomplete or
inadequate or to not satisfy the requirements of the contract
concerning technical data; and
(9) authorizing the head of the agency to withhold payments under
the contract (or exercise another remedy the head of the agency
considers appropriate) during any period if the contractor does not
meet the requirements of the contract pertaining to the delivery of
technical data.

60a476ae0aae4a51a5744a7dae123d68ac0aa687012cee5deef6ccd225cf4ddf

interest
(a) Definition.--In this section, the term ``relevant acquisition
function'' means an acquisition function closely associated with
inherently governmental functions.
(b) Policy on Personal Conflicts of Interest by Contractor
Employees.--
(1) Development and issuance of policy.--The Administrator shall
develop and issue a standard policy to prevent personal conflicts
of interest by contractor employees performing relevant acquisition
functions (including the development, award, and administration of
Federal Government contracts) for or on behalf of a Federal agency
or department.
(2) Elements of policy.--The policy shall--
(A) define ``personal conflict of interest'' as it relates to
contractor employees performing relevant acquisition functions;
and
(B) require each contractor whose employees perform relevant
acquisition functions to--
(i) identify and prevent personal conflicts of interest
for the employees;
(ii) prohibit contractor employees who have access to
non-public government information obtained while performing
relevant acquisition functions from using the information
for personal gain;
(iii) report any personal conflict-of-interest violation
by an employee to the applicable contracting officer or
contracting officer's representative as soon as it is
identified;
(iv) maintain effective oversight to verify compliance
with personal conflict-of-interest safeguards;
(v) have procedures in place to screen for potential
conflicts of interest for all employees performing relevant
acquisition functions; and
(vi) take appropriate disciplinary action in the case of
employees who fail to comply with policies established
pursuant to this section.
(3) Contract clause.--
(A) Contents.--The Administrator shall develop a personal
conflicts-of-interest clause or a set of clauses for inclusion
in solicitations and contracts (and task or delivery orders)
for the performance of relevant acquisition functions that sets
forth--
(i) the personal conflicts-of-interest policy developed
under this subsection; and
(ii) the contractor's responsibilities under the policy.
(B) Effective date.--Subparagraph (A) shall take effect 300
days after October 14, 2008, and shall apply to--
(i) contracts entered into on or after that effective
date; and
(ii) task or delivery orders awarded on or after that
effective date, regardless of whether the contracts
pursuant to which the task or delivery orders are awarded
are entered before, on, or after October 14, 2008.
(4) Applicability.--
(A) Contracts in excess of the simplified acquisition
threshold.--This subsection shall apply to any contract for an
amount in excess of the simplified acquisition threshold (as
defined in section 134 of this title) if the contract is for
the performance of relevant acquisition functions.
(B) Partial applicability.--If only a portion of a contract
described in subparagraph (A) is for the performance of
relevant acquisition functions, then this subsection applies
only to that portion of the contract.
(c) Best Practices.--The Administrator shall, in consultation with
the Director of the Office of Government Ethics, develop and maintain a
repository of best practices relating to the prevention and mitigation
of organizational and personal conflicts of interest in Federal
contracting.

9b0b92a26e2437d636b051f9c8606d4953e5d82b6ce60735449784c2d1041fb3

(a) Content of Regulations.--The Administrator shall prescribe under
this division Government-wide regulations that set forth--
(1) conflict of interest standards for persons who provide
consulting services described in subsection (b); and
(2) procedures, including registration, certification, and
enforcement requirements as may be appropriate, to promote
compliance with the standards.
(b) Services Subject to Regulations.--Regulations required by
subsection (a) apply to--
(1) advisory and assistance services provided to the Federal
Government to the extent necessary to identify and evaluate the
potential for conflicts of interest that could be prejudicial to
the interests of the United States;
(2) services related to support of the preparation or submission
of bids and proposals for Federal contracts to the extent that
inclusion of the services in the regulations is necessary to
identify and evaluate the potential for conflicts of interest that
could be prejudicial to the interests of the United States; and
(3) other services related to Federal contracts as specified in
the regulations prescribed under subsection (a) to the extent
necessary to identify and evaluate the potential for conflicts of
interest that could be prejudicial to the interests of the United
States.
(c) Intelligence Activities Exemption.--
(1) Activities that may be exempt.--Intelligence activities as
defined in section 3.4(e) of Executive Order No. 12333 or a
comparable definitional section in any successor order may be
exempt from the regulations required by subsection (a).
(2) Report.--The Director of National Intelligence shall report
to the Intelligence and Appropriations Committees of Congress each
January 1, delineating the activities and organizations that have
been exempted under paragraph (1).
(d) Presidential Determination.--Before the regulations required by
subsection (a) are prescribed, the President shall determine if
prescribing the regulations will have a significantly adverse effect on
the accomplishment of the mission of the Defense Department or another
Federal agency. If the President determines that the regulations will
have such an adverse effect, the President shall so report to the
appropriate committees of the Senate and the House of Representatives,
stating in full the reasons for the determination. If such a report is
submitted, the requirement for the regulations shall be null and void.

c59854d09dcf05ab244be2ddf43c13d7fd90e54d3d63a3c132e10cb198814c7f

affected
This division does not limit the authorities and responsibilities of
the Director of the Office of Management and Budget in effect on
December 1, 1983.

9d2913a1ac99d1de616f4da8caf8bf172f1d3420adec8728dc43072a03c47467

The Administrator by regulation shall require that--
(1) formal meetings of the Office of Federal Procurement Policy,
as designated by the Administrator, for developing procurement
policies and regulations be open to the public; and
(2) public notice of each meeting be given not less than 10 days
prior to the meeting.

46368663d13cf815c9af3f83c8f54a351c5c06593d6aff6b6cf86f8a57ca4ef2

The Administrator and personnel in the Office of Federal Procurement
Policy shall furnish information the Comptroller General may require to
discharge the responsibilities of the Comptroller General. For this
purpose, the Comptroller General or representatives of the Comptroller
General shall have access to all books, documents, papers, and records
of the Office of Federal Procurement Policy.

c0a2dd93f7dafcb91958fa551aa0a4cfc404dc5f6d910015882a520e1550e96a

(a) Use.--To the maximum extent practicable, the head of an executive
agency should use modular contracting for an acquisition of a major
system of information technology.
(b) Modular Contracting Described.--Under modular contracting, an
executive agency's need for a system is satisfied in successive
acquisitions of interoperable increments. Each increment complies with
common or commercially accepted standards applicable to information
technology so that the increments are compatible with other increments
of information technology comprising the system.
(c) Provisions in Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall provide that--
(1) under the modular contracting process, an acquisition of a
major system of information technology may be divided into several
smaller acquisition increments that--
(A) are easier to manage individually than would be one
comprehensive acquisition;
(B) address complex information technology objectives
incrementally in order to enhance the likelihood of achieving
workable solutions for attaining those objectives;
(C) provide for delivery, implementation, and testing of
workable systems or solutions in discrete increments, each of
which comprises a system or solution that is not dependent on a
subsequent increment in order to perform its principal
functions; and
(D) provide an opportunity for subsequent increments of the
acquisition to take advantage of any evolution in technology or
needs that occurs during conduct of the earlier increments;
(2) to the maximum extent practicable, a contract for an
increment of an information technology acquisition should be
awarded within 180 days after the solicitation is issued and, if
the contract for that increment cannot be awarded within that
period, the increment should be considered for cancellation; and
(3) the information technology provided for in a contract for
acquisition of information technology should be delivered within 18
months after the solicitation resulting in award of the contract
was issued.

0da531190aebb21c3770dc03edc3ae4aab7a9c43be660bf061a576bc9256777d

(a) Prohibition on Requiring Waiver of Rights.--A contractor may not
be required, as a condition for entering into a contract with the
Federal Government, to waive a right under the Constitution for a
purpose relating to the Chemical Weapons Convention Implementation Act
of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as
defined in section 3 of that Act (22 U.S.C. 6701)).
(b) Permissible Contract Clauses.--Subsection (a) does not prohibit
an executive agency from including in a contract a clause that requires
the contractor to permit inspections to ensure that the contractor is
performing the contract in accordance with the provisions of the
contract.

7cc1f6e5bdc5ceeb8b76dda25492eff7139f13e08fd32d79cd00273730cb205f

be treated as contracts for the procurement of commercial
items
(a) Criteria.--A performance-based contract for the procurement of
services entered into by an executive agency or a performance-based
task order for services issued by an executive agency may be treated as
a contract for the procurement of commercial items if--
(1) the value of the contract or task order is estimated not to
exceed $25,000,000;
(2) the contract or task order sets forth specifically each task
to be performed and, for each task--
(A) defines the task in measurable, mission-related terms;
(B) identifies the specific end products or output to be
achieved; and
(C) contains firm, fixed prices for specific tasks to be
performed or outcomes to be achieved; and
(3) the source of the services provides similar services to the
general public under terms and conditions similar to those offered
to the Federal Government.
(b) Regulations.--Regulations implementing this section shall require
agencies to collect and maintain reliable data sufficient to identify
the contracts or task orders treated as contracts for commercial items
using the authority of this section. The data may be collected using
the Federal Procurement Data System or other reporting mechanism.
(c) Report.--Not later than 2 years after November 24, 2003, the
Director of the Office of Management and Budget shall prepare and
submit to the Committees on Homeland Security and Governmental Affairs
and on Armed Services of the Senate and the Committees on Oversight and
Government Reform and on Armed Services of the House of Representatives
a report on the contracts or task orders treated as contracts for
commercial items using the authority of this section. The report shall
include data on the use of the authority, both government-wide and for
each department and agency.
(d) Expiration.--The authority under this section expires 10 years
after November 24, 2003.

7cb5dd10d39a517a37feb9a6d63561324f03045398278a838fc7181f989a815e

transactions
The Director of the Office of Management and Budget shall direct
appropriate revisions to the Federal Procurement Data System or any
successor system to facilitate the collection of complete, timely, and
reliable data on interagency contracting actions and on transactions
other than contracts, grants, and cooperative agreements issued
pursuant to section 2371 of title 10 or similar authorities. The
Director of the Office of Management and Budget shall ensure that data,
consistent with what is collected for contract actions, is obtained
on--
(1) interagency contracting actions, including data at the task
or delivery-order level; and
(2) other transactions, including the initial award and any
subsequent modifications awarded or orders issued (other than
transactions that are reported through the Federal Assistance
Awards Data System).

b7e252a0081ff1ed87602511d2fd8915ed1a157803b0e556d11189f13f416459

(a) Definition.--In this section, the term ``Corps'' means the
Contingency Contracting Corps established in subsection (b).
(b) Establishment.--The Administrator of General Services, pursuant
to policies established by the Office of Management and Budget, and in
consultation with the Secretary of Defense and the Secretary of
Homeland Security, shall establish a Government-wide Contingency
Contracting Corps.
(c) Function.--The members of the Corps shall be available for
deployment in responding to an emergency or major disaster, or a
contingency operation, both within or outside the continental United
States.
(d) Applicability.--The authorities provided in this section apply
with respect to any procurement of property or services by or for an
executive agency that, as determined by the head of the executive
agency, are to be used--
(1) in support of a contingency operation as defined in section
101(a)(13) of title 10; or
(2) to respond to an emergency or major disaster as defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
(e) Membership.--Membership in the Corps shall be voluntary and open
to all Federal employees and members of the Armed Forces who are
members of the Federal acquisition workforce.
(f) Education and Training.--The Administrator of General Services
may, in consultation with the Director of the Federal Acquisition
Institute and the Chief Acquisition Officers Council, establish
educational and training requirements for members of the Corps.
Education and training carried out pursuant to the requirements shall
be paid for from funds available in the acquisition workforce training
fund established pursuant to section 1703(i) of this title.
(g) Salary.--The salary for a member of the Corps shall be paid--
(1) in the case of a member of the Armed Forces, out of funds
available to the Armed Force concerned; and
(2) in the case of a Federal employee, out of funds available to
the employing agency.
(h) Authority to Deploy the Corps.--
(1) Director of the Office of Management and Budget.--The
Director of the Office of Management and Budget shall have the
authority, upon request by an executive agency, to determine when
members of the Corps shall be deployed, with the concurrence of the
head of the agency or agencies employing the members to be
deployed.
(2) Secretary of Defense.--Nothing in this section shall preclude
the Secretary of Defense or the Secretary's designee from deploying
members of the Armed Forces or civilian personnel of the Department
of Defense in support of a contingency operation as defined in
section 101(a)(13) of title 10.
(i) Annual Report.--
(1) In general.--The Administrator of General Services shall
provide to the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate and the
Committee on Oversight and Government Reform and the Committee on
Armed Services of the House of Representatives an annual report on
the status of the Corps as of September 30 of each fiscal year.
(2) Content.--Each report under paragraph (1) shall include the
number of members of the Corps, the total cost of operating the
program, the number of deployments of members of the program, and
the performance of members of the program in deployment.

ec263e9265078f5055cd1face2eb9aedef97d94cd9eff23c9f031f5c1b7ae874

suspension and debarment officials
(a) In General.--Subject to the authority, direction, and control of
the Director of the Office of Management and Budget, the Administrator
of General Services shall establish and maintain a database of
information regarding the integrity and performance of certain persons
awarded Federal agency contracts and grants for use by Federal agency
officials having authority over contracts and grants.
(b) Persons Covered.--The database shall cover the following:
(1) Any person awarded a Federal agency contract or grant in
excess of $500,000, if any information described in subsection (c)
exists with respect to the person.
(2) Any person awarded such other category or categories of
Federal agency contract as the Federal Acquisition Regulation may
provide, if any information described in subsection (c) exists with
respect to the person.
(c) Information Included.--With respect to a covered person, the
database shall include information (in the form of a brief description)
for the most recent 5-year period regarding the following:
(1) Each civil or criminal proceeding, or any administrative
proceeding, in connection with the award or performance of a
contract or grant with the Federal Government with respect to the
person during the period to the extent that the proceeding results
in the following dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault and liability
that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a finding of fault and
liability that results in--
(i) the payment of a monetary fine or penalty of $5,000
or more; or
(ii) the payment of a reimbursement, restitution, or
damages in excess of $100,000.
(D) To the maximum extent practicable and consistent with
applicable laws and regulations, in a criminal, civil, or
administrative proceeding, a disposition of the matter by
consent or compromise with an acknowledgment of fault by the
person if the proceeding could have led to any of the outcomes
specified in subparagraph (A), (B), or (C).
(2) Each Federal contract and grant awarded to the person that
was terminated in the period due to default.
(3) Each Federal suspension and debarment of the person.
(4) Each Federal administrative agreement entered into by the
person and the Federal Government in the period to resolve a
suspension or debarment proceeding.
(5) Each final finding by a Federal official in the period that
the person has been determined not to be a responsible source under
paragraph (3) or (4) of section 113 of this title.
(6) Other information that shall be provided for purposes of this
section in the Federal Acquisition Regulation.
(7) To the maximum extent practicable, information similar to the
information covered by paragraphs (1) to (4) in connection with the
award or performance of a contract or grant with a State
government.
(d) Requirements Relating to Database Information.--
(1) Direct input and update.--The Administrator of General
Services shall design and maintain the database in a manner that
allows the appropriate Federal agency officials to directly input
and update information in the database relating to actions that the
officials have taken with regard to contractors or grant
recipients.
(2) Timeliness and accuracy.--The Administrator of General
Services shall develop policies to require--
(A) the timely and accurate input of information into the
database;
(B) the timely notification of any covered person when
information relevant to the person is entered into the
database; and
(C) opportunities for any covered person to submit comments
pertaining to information about the person for inclusion in the
database.
(e) Use of Database.--
(1) Availability to government officials.--The Administrator of
General Services shall ensure that the information in the database
is available to appropriate acquisition officials of Federal
agencies, other government officials as the Administrator of
General Services determines appropriate, and, on request, the
Chairman and Ranking Member of the committees of Congress having
jurisdiction.
(2) Review and assessment of data.--
(A) In general.--Before awarding a contract or grant in
excess of the simplified acquisition threshold under section
134 of this title, the Federal agency official responsible for
awarding the contract or grant shall review the database and
consider all information in the database with regard to any
offer or proposal, and in the case of a contract, shall
consider other past performance information available with
respect to the offeror in making any responsibility
determination or past performance evaluation for the offeror.
(B) Documentation in contract file.--The contract file for
each contract of a Federal agency in excess of the simplified
acquisition threshold shall document the manner in which the
material in the database was considered in any responsibility
determination or past performance evaluation.
(f) Disclosure in Applications.--The Federal Acquisition Regulation
shall require that persons with Federal agency contracts and grants
valued in total greater than $10,000,000 shall--
(1) submit to the Administrator of General Services, in a manner
determined appropriate by the Administrator of General Services,
the information subject to inclusion in the database as listed in
subsection (c) current as of the date of submittal of the
information under this subsection; and
(2) update the information submitted under paragraph (1) on a
semiannual basis.
(g) Rulemaking.--The Administrator of General Services shall
prescribe regulations that may be necessary to carry out this section.
CHAPTER 31--GENERAL
Sec.
3101.  Applicability.
3102.  Delegation and assignment of powers, functions, and
responsibilities.
3103.  Acquisition programs.
3104.  Small business concerns.
3105.  New contracts and grants and merit-based selection procedures.
3106.  Erection, repair, or furnishing of public buildings and
improvements not authorized, and certain contracts not
permitted, by this division.

561a4f6f7c3f46fae9071471f69ed779944f7fe279eb4208a0449dd4d8a86d5e

(a) In General.--An executive agency shall make purchases and
contracts for property and services in accordance with this division
and implementing regulations of the Administrator of General Services.
(b) Simplified Acquisition Threshold and Procedures.--
(1) Simplified acquisition threshold.--
(A) Definition.--For purposes of an acquisition by an
executive agency, the simplified acquisition threshold is as
specified in section 134 of this title.
(B) Inapplicable laws.--A law properly listed in the Federal
Acquisition Regulation pursuant to section 1905 of this title
does not apply to or with respect to a contract or subcontract
that is not greater than the simplified acquisition threshold.
(2) Simplified acquisition procedures.--Simplified acquisition
procedures contained in the Federal Acquisition Regulation pursuant
to section 1901 of this title apply in executive agencies as
provided in section 1901.
(c) Exceptions.--
(1) In general.--This division does not apply--
(A) to the Department of Defense, the Coast Guard, and the
National Aeronautics and Space Administration; or
(B) except as provided in paragraph (2), when this division
is made inapplicable pursuant to law.
(2) Applicability of certain laws related to advertising, opening
of bids, and length of contract.--Sections 6101, 6103, and 6304 of
this title do not apply to the procurement of property or services
made by an executive agency pursuant to this division. However,
when this division is made inapplicable by any law, sections 6101
and 6103 of this title apply in the absence of authority conferred
by statute to procure without advertising or without regard to
section 6101 of this title. A law that authorizes an executive
agency (other than an executive agency exempted from this division
by this subsection) to procure property or services without
advertising or without regard to section 6101 of this title is
deemed to authorize the procurement pursuant to the provisions of
this division relating to procedures other than sealed-bid
procedures.

53096ec0cdc1844f306570c7297bd2c452986b7bb418a899680bf62284669bea

responsibilities
(a) In General.--Except to the extent expressly prohibited by another
law, the head of an executive agency may delegate to another officer or
official of that agency any power under this division.
(b) Procurements For or With Another Agency.--Subject to subsection
(a), to facilitate the procurement of property and services covered by
this division by an executive agency for another executive agency, and
to facilitate joint procurement by executive agencies--
(1) the head of an executive agency may delegate functions and
assign responsibilities relating to procurement to any officer or
employee within the agency;
(2) the heads of 2 or more executive agencies, consistent with
section 1535 of title 31 and regulations prescribed under section
1074 of the Federal Acquisition Streamlining Act of 1994 (Public
Law 103-355, 31 U.S.C. 1535 note), may by agreement delegate
procurement functions and assign procurement responsibilities from
one executive agency to another of those executive agencies or to
an officer or civilian employee of another of those executive
agencies; and
(3) the heads of 2 or more executive agencies may establish joint
or combined offices to exercise procurement functions and
responsibilities.

9d25a98a0e3cd2e29290dd59ea2857321933238437f9337bd28cf2416dbaa397

(a) Congressional Policy.--It is the policy of Congress that the head
of each executive agency should achieve, on average, 90 percent of the
cost, performance, and schedule goals established for major acquisition
programs of the agency.
(b) Establishment of Goals.--
(1) By head of executive agency.--The head of each executive
agency shall approve or define the cost, performance, and schedule
goals for major acquisition programs of the agency.
(2) By chief financial officer.--The chief financial officer of
an executive agency shall evaluate the cost goals proposed for each
major acquisition program of the agency.
(c) Identification of Noncompliant Programs.--When it is necessary to
implement the policy set out in subsection (a), the head of an
executive agency shall--
(1) determine whether there is a continuing need for programs
that are significantly behind schedule, over budget, or not in
compliance with performance or capability requirements; and
(2) identify suitable actions to be taken, including termination,
with respect to those programs.

bf2f1dbc086f4e9580adb67e7e7c290fcf5b3a5de351962e28b1b155b9d0d5f4

It is the policy of Congress that a fair proportion of the total
purchases and contracts for property and services for the Federal
Government shall be placed with small business concerns.

a8caef55b4b4db02de832d565e2b9e10843b7cc4f6e9e1b2ab7c9e09dcfe8c6f

procedures
(a) Congressional Policy.--It is the policy of Congress that--
(1) an executive agency should not be required by legislation to
award--
(A) a new contract to a specific non-Federal Government
entity; or
(B) a new grant for research, development, test, or
evaluation to a non-Federal Government entity; and
(2) a program, project, or technology identified in legislation
be procured or awarded through merit-based selection procedures.
(b) New Contract and New Grant Described.--For purposes of this
section--
(1) a contract is a new contract unless the work provided for in
the contract is a continuation of the work performed by the
specified entity under a prior contract; and
(2) a grant is a new grant unless the work provided for in the
grant is a continuation of the work performed by the specified
entity under a prior grant.
(c) Requirements for Awarding New Contract or New Grant.--A provision
of law may not be construed as requiring a new contract or a new grant
to be awarded to a specified non-Federal Government entity unless the
provision of law specifically--
(1) refers to this section;
(2) identifies the particular non-Federal Government entity
involved; and
(3) states that the award to that entity is required by the
provision of law in contravention of the policy set forth in
subsection (a).
(d) Exception.--This section does not apply to a contract or grant
that calls on the National Academy of Sciences to investigate, examine,
or experiment on a subject of science or art of significance to an
executive agency and to report on those matters to Congress or an
agency of the Federal Government.

8ed8aae4cbd25cec25190222e13732789298215509b7db284be5bc40e5313115

improvements not authorized, and certain contracts not
permitted, by this division
This division does not--
(1) authorize the erection, repair, or furnishing of a public
building or public improvement; or
(2) permit a contract for the construction or repair of a
building, road, sidewalk, sewer, main, or similar item using
procedures other than sealed-bid procedures under section
3301(b)(1)(A) of this title if the conditions set forth in section
3301(b)(1)(A) of this title apply or the contract is to be
performed outside the United States.
CHAPTER 33--PLANNING AND SOLICITATION
Sec.
3301.  Full and open competition.
3302.  Requirements for purchase of property and services pursuant to
multiple award contracts.
3303.  Exclusion of particular source or restriction of solicitation to
small business concerns.
3304.  Use of noncompetitive procedures.
3305.  Simplified procedures for small purchases.
3306.  Planning and solicitation requirements.
3307.  Preference for commercial items.
3308.  Planning for future competition in contracts for major systems.
3309.  Design-build selection procedures.
3310.  Quantities to order.
3311.  Qualification requirement.

9cb39e29e8bbbed5a2cdc9058d3a822c7d638bec3407f5bf2d0bfab5726f5bec

(a) In General.--Except as provided in sections 3303, 3304(a), and
3305 of this title and except in the case of procurement procedures
otherwise expressly authorized by statute, an executive agency in
conducting a procurement for property or services shall--
(1) obtain full and open competition through the use of
competitive procedures in accordance with the requirements of this
division and the Federal Acquisition Regulation; and
(2) use the competitive procedure or combination of competitive
procedures that is best suited under the circumstances of the
procurement.
(b) Appropriate Competitive Procedures.--
(1) Use of sealed bids.--In determining the competitive
procedures appropriate under the circumstance, an executive agency
shall--
(A) solicit sealed bids if--
(i) time permits the solicitation, submission, and
evaluation of sealed bids;
(ii) the award will be made on the basis of price and
other price-related factors;
(iii) it is not necessary to conduct discussions with the
responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more
than one sealed bid; or
(B) request competitive proposals if sealed bids are not
appropriate under subparagraph (A).
(2) Sealed bid not required.--Paragraph (1)(A) does not require
the use of sealed-bid procedures in cases in which section 204(e)
of title 23 applies.
(c) Efficient Fulfillment of Government Requirements.--The Federal
Acquisition Regulation shall ensure that the requirement to obtain full
and open competition is implemented in a manner that is consistent with
the need to efficiently fulfill the Federal Government's requirements.

6c6b111f5577d522a2f1360ead13d6e0ff74e86242accbc87bf846983285b18d

To enact certain laws relating to public contracts as title 41, United States Code, "Public Contracts".

Other Sections

DIVISION A

DIVISION B

DIVISION C

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