SEC. 5. [41 U.S.C. 404] OFFICE OF FEDERAL PROCUREMENT POLICY. (b) There shall be at the head of the Office an Administrator for Federal Procurement Policy (hereinafter referred to as the "Administrator"), who shall be appointed by the President, by and with the advice and consent of the Senate. SEC. 6. [41 U.S.C. 405] AUTHORITY AND FUNCTIONS OF THE ADMINIS TRATOR. 3,4 (a) 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 Act, 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; (3) construction, alteration, repair, or maintenance of real property. (b) 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),, 5 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 Act, 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. 3 Section 5052 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3352; 41 U.S.C. 405 note) provides: SEC. 5052. RESULTS-ORIENTED ACQUISITION PROCESS. (a) DEVELOPMENT OF PROCESS REQUIRED.-The Administrator for Federal Procurement Policy, in consultation with the heads of appropriate Federal agencies, shall develop results-oriented acquisition process guidelines for implementation by agencies in acquisitions of property and services by the Federal agencies. The process guidelines shall include the identification of quantitative measures and standards for determining the extent to which an acquisition of items other than commercial items by a Federal agency satisfies the needs for which the items are being acquired. (b) INAPPLICABILITY OF PROCESS TO Department of DEFENSE.-The process guidelines developed pursuant to subsection (a) may not be applied to the Department of Defense. For a provision requiring the Administrator for Federal Procurement Policy to conduct a review of Federal laws to identify and catalogue all the provisions in such laws that define certain small business concerns, see section 7107 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3376; 41 U.S.C. 405 note), set forth beginning on page 464. 5 So in law. (c) The authority of the Administrator under this Act 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 procure ment contracts. (d) 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 Governmentwide 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)6 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 19; (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 Government-wide career management programs for a professional procurement work force; (B) promote and coordinate Government-wide research and studies to improve the procurement process and the Section 10004 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355; 108 Stat. 3405; 41 U.S.C. 405 note) provides: SEC. 10004. DATA COLLECTION THROUGH THE FEDERAL PROCUREMENT DATA SYSTEM. (a) DATA COLLECTION REQUIRED.-The Federal Procurement Data System described in section 6(dX4XA) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect from contracts in excess of the simplified acquisition threshold data identifying the following matters: (1) Contract awards made pursuant to competitions conducted pursuant to section 2323 of title 10, United States Code, [page 117] or section 7102 of the Federal Acquisition Streamlining Act of 1994 [page 462]. (2) Awards to business concerns owned and controlled by women. (3) Number of offers received in response to a solicitation. (4) Task order contracts. (5) Contracts for the acquisition of commercial items. (b) DEFINITION.-In this section, the term "simplified acquisition threshold" has the meaning given such term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)). laws, policies, methods, regulations, procedures, and forms relating to procurement by the executive agencies; and (C) establish policies and procedures for the establishment and implementation of education and training programs authorized by this Act, including the establishment and implementation of training, in conjunction with the General Services Administration, for critical procurement personnel designed to increase the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals, women, and other minorities in procurement activities conducted by an executive agency. (6) 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; (7) 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; (8) providing for a Government-wide award to recognize and promote vendor excellence; (9) providing for a Government-wide award to recognize and promote excellence in officers and employees of the Federal Government serving in procurement-related positions; (10) developing policies, in consultation with the Administrator of the Small Business Administration, that ensure that small businesses, 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; (11) developing policies that will promote achievement of goals for participation by small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and small business owned and controlled by women; and (12)7completing action, as appropriate, on the recommendations of the Commission on Government Procure ment. (e) In carrying out the functions set forth in subsection (d), 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 Gov "Paragraph (12) of section 6(d) is shown in numerical order to reflect the probable intent of the amendment made by section 5091 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3361). ernment-wide procurement regulations and to assist in the performance of any of the other functions which the Administrator considers appropriate. (f) 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 the policies set forth in section 2 or any policies, regulations, or procedures issued pursuant to subsection (a). (g) Except as otherwise provided by law, no duties, functions, or responsibilities, other than those expressly assigned by this Act, shall be assigned, delegated, or transferred to the Administrator. (h) Nothing in this Act shall be construed to (1) impair or affect the authorities or responsibilities conferred by the Federal Property and Administrative Services Act of 1949 with respect to the procurement of automatic data processing and telecommunications equipment and services or of real property; or (2) limit the current authorities and responsibilities of the Director of the Office of Management and Budget. (i)(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 Governmentwide 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) 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 recipient contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions. (j) 8(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; Subsection (j) of section 6 was added by section 1091(bX2) of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355; 108 Stat. 3272; 41 U.S.C. 405 note). Section 1091(b)(1) of that Act provides: (b) GUIDANCE REQUIRED.—(1) Congress makes the following findings: (A) Past contract performance of an offeror is one of the relevant factors that a contracting official of an executive agency should consider in awarding a contract. (B) It is appropriate for a contracting official to consider past contract performance of an offeror as an indicator of the likelihood that the offeror will successfully perform a contract to be awarded by that official. (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 consid ered; 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) The Administrator shall submit to Congress, on an annual basis, an assessment of the progress made in executive agencies in implementing the policy stated in section 313(a) of the Federal Property and Administrative Services Act of 1949. The Administrator shall use data from existing management systems in making the assessment. SEC. 7. [41 U.S.C. 406] ADMINISTRATIVE POWERS. Upon the request of the Administrator, each executive agency is directed to (1) make its services, personnel, and facilities available to the Office to the greatest practicable extent for the performance of functions under this Act; and (2) except when prohibited by law, furnish to the Administrator and give him access to all information and records in its possession which the Administrator may determine to be necessary for the performance of the functions of the Office. SEC. 8. [41 U.S.C. 407] RESPONSIVENESS TO CONGRESS. (a) The Administrator shall keep the Congress and its duly authorized committees fully and currently informed of the major activities of the Office of Federal Procurement Policy, and shall submit a report thereon to the House of Representatives and the Senate annually and at such other times as may be necessary for this purpose. (b) At least 30 days prior to the effective date of any policy or regulation prescribed under section 6(a), the Administrator shall transmit to the Congress a report on the proposed policy or regulation. Such report shall include (1) a full description of the policy or regulation; (2) a summary of the reasons for the issuance of such policy or regulation; and |