41 U.S.C. § 405 : US Code - Section 405: Authority and functions of the Administrator

Search 41 U.S.C. § 405 : US Code - Section 405: Authority and functions of the Administrator

(a) Development of procurement policy; leadership
The Administrator shall provide overall direction of procurement
policy and leadership in the development of procurement systems of
the executive agencies. To the extent that the Administrator
considers appropriate, in carrying out the policies and functions
set forth in this chapter, and with due regard for applicable laws
and the program activities of the executive agencies, the
Administrator may prescribe Government-wide procurement policies.
These policies shall be implemented in a single Government-wide
procurement regulation called the Federal Acquisition Regulation
and shall be followed by executive agencies in the procurement of -

(1) property other than real property in being;
(2) services, including research and development; and
(3) construction, alteration, repair, or maintenance of real
property.
(b) Government-wide procurement regulations
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 any such
regulations, procedures, and forms as are necessary to implement
prescribed policy initiated by the Administrator under subsection
(a) of this section, the Administrator shall, 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 chapter, prescribe Government-wide regulations, procedures
and forms which shall be followed by executive agencies in the
procurement of -
(1) property other than real property in being;
(2) services, including research and development; and
(3) construction, alteration, repair, or maintenance of real
property.
(c) Noninterference with executive agencies
The authority of the Administrator under this chapter 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
therefor; or
(2) interfere with the determination by executive agencies of
specific actions in the award or administration of procurement
contracts.
(d) Enumeration of included functions
The functions of the Administrator shall include -
(1) providing leadership and ensuring action by the executive
agencies in the establishment, development and maintenance of the
single system of simplified Government-wide procurement
regulations and resolving differences among the executive
agencies in the development of simplified Government-wide
procurement regulations, procedures and forms;
(2) coordinating the development of Government-wide procurement
system standards that shall be implemented by the executive
agencies in their procurement systems;
(3) providing leadership and coordination in the formulation of
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 such 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 417 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 such
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, 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 the provisions of section 433 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 Government's cost of procuring property and
services and the private sector's cost of doing business with the
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 632(p) of title 15), 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, qualified HUBZone small
business concerns (as defined in section 632(p) of title 15),
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.
(e) Consultation; assistance of existing executive agencies;
advisory committees and interagency groups
In carrying out the functions set forth in subsection (d) of this
section, the Administrator -
(1) shall consult with the affected executive agencies,
including the Small Business Administration;
(2) may, with the concurrence of the heads of affected
executive agencies, designate an executive agency or executive
agencies to assist in the performance of such 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 the performance of any
of the other functions which the Administrator considers
appropriate.
(f) Oversight of regulations promulgated by other agencies relating
to procurement
The Administrator, with the concurrence of the Director of the
Office of Management and Budget, and with consultation with the
head of the agency or agencies 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 such rule or regulation is
inconsistent with any policies, regulations, or procedures issued
pursuant to subsection (a) of this section.
(g) Assignment, delegation, or transfer of functions prohibited
Except as otherwise provided by law, no duties, functions, or
responsibilities, other than those expressly assigned by this
chapter, shall be assigned, delegated, or transferred to the
Administrator.
(h) Real property procurement; Office of Management and Budget
Nothing in this chapter shall be construed to -
(1) impair or affect the authorities or responsibilities
conferred by the Federal Property and Administrative Services Act
of 1949 (!1) with respect to the procurement of real property; or
(2) limit the current authorities and responsibilities of the
Director of the Office of Management and Budget.
(i) Recipients of Federal grants or assistance
(1) 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 which the
Administrator considers appropriate and which shall be followed by
such executive agencies in providing for the procurement, to the
extent required under such programs, of property or services
referred to in clauses (1), (2), and (3) of subsection (a) of this
section by recipients of Federal grants or assistance under such
programs.
(2) Nothing in paragraph (1) shall be construed to -
(A) permit the Administrator to authorize procurement or supply
support, either directly or indirectly, to recipients of Federal
grants or assistance; or
(B) authorize any action by such recipients contrary to State
and local laws, in the case of programs to provide Federal grants
or assistance to States and political subdivisions.
(j) Policy regarding consideration of contractor past performance
(1) The Administrator shall prescribe for executive agencies
guidance regarding consideration of the past contract performance
of offerors in awarding contracts. The guidance shall include -
(A) 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;
(B) 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;
(C) policies for ensuring that -
(i) offerors are afforded an opportunity to submit relevant
information on past contract performance, including performance
under contracts entered into by the executive agency concerned,
contracts entered into by other departments and agencies of the
Federal Government, contracts entered into by agencies of State
and local governments, and contracts entered into by commercial
customers; and
(ii) such information submitted by offerors is considered;
and
(D) the period for which information on past performance of
offerors may be maintained and considered.
(2) In the case of an offeror with respect to which there is no
information on past contract performance or with respect to which
information on past contract performance is not available, the
offeror may not be evaluated favorably or unfavorably on the factor
of past contract performance.
(k) Annual reporting requirement
The Administrator shall submit to Congress, on an annual basis,
an assessment of the progress made in executive agencies in
implementing the policy regarding major acquisitions that is stated
in section 263(a) of this title. The Administrator shall use data
from existing management systems in making the assessment.