- § 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
§ 3101. Applicability
(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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3742.)
§ 3102. Delegation and assignment of powers, functions, and 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.)
§ 3103. Acquisition programs
(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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.)
§ 3104. Small business concerns
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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.)
§ 3105. New contracts and grants and merit-based selection 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.)
§ 3106. Erection, repair, or furnishing of public buildings and 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3745.)