41 U.S.C. § 1122 — Functions
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 663 words · no verdicts yet
The Administrator leads the Government-wide simplified procurement system, coordinates procurement standards and policy, manages procurement data and training, and promotes fair small-business opportunities. The Administrator must consult affected agencies and may delegate most functions within legal limits.
(a) The Administrator’s functions include—(1) leading agencies in creating, developing, and maintaining one simplified Government-wide procurement-regulation system and resolving differences; (2) coordinating Government-wide procurement-system standards for agencies to use; (3) leading and coordinating the executive branch position on procurement legislation; (4) directing the computer-based Federal Procurement Data System in the General Services Administration, recommending a sufficient budget, collecting, developing, and sharing procurement data, and ensuring agency compliance with section 1712 records; (5) directing the Federal Acquisition Institute and recommending a sufficient budget; (6) administering section 1703(a)–(i); (7) setting procedures to obtain interested parties’ views effectively and promptly when developing procurement policies, regulations, procedures, and forms; (8) developing standard contracts and language to reduce government procurement costs and private-sector business costs; (9) providing a Government-wide award for vendor excellence; (10) providing a Government-wide award for procurement-related Federal officers and employees; (11) consulting the Small Business Administration Administrator and developing policies giving maximum practicable below-threshold procurement opportunities to small businesses, qualified HUBZone concerns, small businesses owned and controlled by socially and economically disadvantaged people, and women-owned and controlled small businesses; (12) developing policies to promote participation goals for those same categories, including service-disabled-veteran-owned concerns; and (13) acting as appropriate on Commission on Government Procurement recommendations. (b) The Administrator shall consult affected agencies, including SBA; with their heads’ agreement may designate agencies to help; and may create advisory committees or interagency groups to help establish and maintain the simplified system or perform other appropriate functions. (c)(1) Unless another law provides otherwise, only duties, functions, or responsibilities expressly assigned by this division may be assigned, delegated, or transferred to the Administrator. (2)(A) The Administrator may delegate within the Office of Federal Procurement Policy as necessary. (B) With the receiving agency head’s consent, or at the President’s direction, the Administrator may delegate and authorize successive redelegations to another executive agency, except for overall direction of Federal procurement policy and prescribing policies and regulations to carry it out.
The functions of the Administrator include—
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;
coordinating the development of Government-wide procurement system standards that executive agencies shall implement in their procurement systems;
providing leadership and coordination in formulating the executive branch position on legislation relating to procurement;
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
ensuring executive agency compliance with the record requirements of section 1712 of this title;
providing for and directing the activities of the Federal Acquisition Institute established under section 1201 of this title, including recommending to the Administrator of General Services a sufficient budget for such activities.1
administering section 1703(a) to (i) of this title;
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;
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;
providing for a Government-wide award to recognize and promote vendor excellence;
providing for a Government-wide award to recognize and promote excellence in officers and employees of the Federal Government serving in procurement-related positions;
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 31(b) of the Small Business Act), 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;
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 31(b) of the Small Business Act), small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women; and
completing action, as appropriate, on the recommendations of the Commission on Government Procurement.
In carrying out the functions in subsection (a), the Administrator—
shall consult with the affected executive agencies, including the Small Business Administration;
with the concurrence of the heads of affected executive agencies, may designate one or more executive agencies to assist in performing those functions; and
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.
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.
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.
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.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3685; Pub. L. 112–81, div. A, title VIII, § 864(b)(3), Dec. 31, 2011, 125 Stat. 1524; Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(F)(i), Dec. 12, 2017, 131 Stat. 1796.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3685
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1524
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1796
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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