41 U.S.C. § 421 : US Code - Section 421: Federal Acquisition Regulatory Council

Search 41 U.S.C. § 421 : US Code - Section 421: Federal Acquisition Regulatory Council

(a) Establishment
There is established a Federal Acquisition Regulatory Council
(hereinafter in this section referred to as the "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) The Council shall consist of the Administrator for Federal
Procurement Policy and -
(A) the Secretary of Defense,
(B) the Administrator of National Aeronautics and Space; and
(C) the Administrator of General Services.
(2) Notwithstanding section 121(d)(1) and (2) of title 40, the
officials specified in subparagraphs (A), (B), and (C) of paragraph
(1) may designate to serve on and attend meetings of the Council in
place of that official (A) 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 (B) if no
official of such agency is assigned by statute with the
responsibility for acquisition policy for that agency, the official
designated pursuant to section 414(3) (!1) of this title. No other
official or employee may be designated to serve on the Council.
(c) Functions
(1) Subject to the provisions of section 405 of this title, the
General Services Administration, the Department of Defense, and the
National Aeronautics and Space Administration, pursuant to their
respective authorities under title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251, et seq.),
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 (f) of this section a
single Government-wide procurement regulation, to be known as the
"Federal Acquisition Regulation".
(2) Any 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) The Administrator, in consultation with the Council, shall
ensure that procurement regulations promulgated by executive
agencies are consistent with the Federal Acquisition Regulation and
in accordance with any policies issued pursuant to section 405(a)
of this title.
(4)(A) Under procedures established by the Administrator, a
person may request the Administrator to review any regulation
relating to procurement on the basis that such regulation is
inconsistent with the Federal Acquisition Regulation.
(B) Unless the request is frivolous or does not, on its face,
state a valid basis for such review, the Administrator shall
complete such a 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) If the Administrator determines that a regulation relating to
procurement is inconsistent with the Federal Acquisition Regulation
or that the regulation should otherwise be revised to remove an
inconsistency with any policies issued under section 405(a) of this
title, the Administrator shall rescind or deny the promulgation of
the regulation or take such other action authorized under section
405 of this title as may be necessary to remove the inconsistency.
If the Administrator determines that such a regulation, although
not inconsistent with the Federal Acquisition Regulation or such
policies, should be revised to improve compliance with such
Regulation or policies, the Administrator shall take such action
authorized under section 405 of this title as may be necessary and
appropriate.
(6) The decisions of the Administrator shall be in writing and
made publicly available. The Administrator shall provide a listing
of such decisions in the annual report to Congress required by
section 407 (!1) of this title.
(d) Additional responsibilities of membership
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 subsection (b) of this section shall -
(1) approve or disapprove all regulations that are, after 60
days after November 17, 1988, proposed for public comment,
promulgated in final form, or otherwise made effective by such
agency relating to procurement before such regulation may be
promulgated in final form, or otherwise made effective, except
that such official may grant an interim approval, without review,
for not more than 60 days for a procurement regulation in urgent
and compelling circumstances;
(2) carry out the responsibilities of such agency set forth in
chapter 35 of title 44 for each information collection request
(as that term is defined in section 3502(11) (!1) of title 44)
that relates to procurement rules or regulations; and
(3) eliminate or reduce (A) any redundant or unnecessary levels
of review and approval, in the procurement system of such agency,
and (B) redundant or unnecessary procurement regulations which
are unique to that agency.
The authority to review and approve or disapprove regulations under
paragraph (1) of this subsection may not be delegated to any person
outside the office of the official who represents the agency on the
Council pursuant to subsection (b) of this section.
(e) 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 405(a) of this title.
(f) General authority with respect to FAR
Subject to section 405(b) of this title, the Council shall
manage, coordinate, control, and monitor the maintenance of, and
issuance of and changes in, the Federal Acquisition Regulation.