U.S. Code > Title 41 Public Contracts > CHAPTER 7—OFFICE OF FEDERAL PROCUREMENT POLICY (§§ 401,_402—440) > § 405. Authority and functions of the Administrator

§ 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.

[1] See References in Text note below.