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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
(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) (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(b)(2) 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 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) 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
(3) the names and positions of employees of the Office who will be made available, prior to such effective date, for full consultation with such Committees regarding such policy or regulation.
(c) In the case of an emergency, the President may waive the notice requirement of subsection (b) by submitting in writing to the Congress his reasons therefor at the earliest practicable date on or before the effective date of any policy or regulation.
SEC. 9. [41 U.S.C. 408] EFFECT ON EXISTING LAWS.
The authority of an executive agency under any other law to prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in section 6 of this Act. SEC. 10. [41 U.S.C. 409] EFFECT ON EXISTING REGULATIONS.
Procurement policies, regulations, procedures, or forms in effect on the date of enactment of the Office of Federal Procurement Policy Act Amendments of 1983 shall continue in effect, as modified from time to time, until repealed, amended, or superseded by policies, regulations, procedures, or forms promulgated by the Adminis
SEC. 11. [41 U.S.C. 410] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the provisions of this Act, and for no other purpose, $4,500,000 for the fiscal year ending September 30, 1984, and such sums as may be necessary for each succeeding fiscal year.
SEC. 12. [41 U.S.C. 411] DELEGATION.
(a) The Administrator may delegate, and authorize successive redelegations of, any authority, function, or power of the Administrator under this Act (other than the authority to provide overall direction of Federal procurement policy and to prescribe policies and regulations to carry out such policy), to any other executive agency with the consent of the head of such executive agency or at the direction of the President.
(b) The Administrator may make and authorize such delegations within the Office as he determines to be necessary to carry out the provisions of this Act.
[SEC. 13. Repealed.]
SEC. 14. [41 U.S.C. 412] ACCESS TO INFORMATION.
(a) The Administrator and personnel in his Office shall furnish such information as the Comptroller General may require for the discharge of his responsibilities. For this purpose, the Comptroller General or his representatives shall have access to all books, documents, papers, and records of the Office.
(b) The Administrator shall, by regulation, require that formal meetings of the Office, as designated by him, for the purpose of developing procurement policies and regulations shall be open to the public, and that public notice of each such meeting shall be given not less than ten days prior thereto.
SEC. 15. [41 U.S.C. 413] TESTS OF INNOVATIVE PROCUREMENT METHODS AND PROCEDURES. 9.10
(a) The Administrator may develop innovative procurement methods and procedures to be tested by selected executive agencies. The innovative procurement methods and procedures tested under this subsection shall be consistent with the policies set forth in section 2. In developing any program to test innovative procurement methods and procedures under this subsection, the Administrator shall consult with the heads of executive agencies to
(1) ascertain the need for and specify the objectives of such program;
(2) develop the guidelines and procedures for carrying out such program and the criteria to be used in measuring the success of such program;
(3) evaluate the potential costs and benefits which may be derived from the innovative procurement methods and procedures tested under such program;
(4) select the appropriate executive agencies or components of executive agencies to carry out such program;
(5) specify the categories and types of products or services to be procured under such program; and
(6) develop the methods to be used to analyze the results of such program.
A program to test innovative procurement methods and procedures may not be carried out unless approved by the heads of the executive agencies selected to carry out such program.
(b) If the Administrator determines that it is necessary to waive the application of any provision of law in order to carry out a proposed program to test innovative procurement methods and procedures under subsection (a), the Administrator shall transmit notice of the proposed program to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate and request that such committees take such action as may be necessary to provide that such provision of law does not apply with respect to the proposed program. The notification to Congress shall include a description of the proposed program (including the scope and purpose of the proposed program), the procedures to be followed in carrying out the proposed program, the provisions of law affected and any provision of law the application of which must be waived in order to carry out the proposed program, and the executive agencies involved in carrying out the proposed program.
SEC. 16. [41 U.S.C. 414] EXECUTIVE AGENCY RESPONSIBILITIES.
To further achieve effective, efficient, and economic administration of the Federal procurement system, the head of each executive agency shall, in accordance with applicable laws, Govenmentwide policies and regulations, and good business practices—
The Small Business Competitiveness Demonstration Program, established pursuant to section 15, is set forth beginning on page 860.
10 For a provision providing authority for the Administrator for Federal Procurement Policy to conduct a program of tests of alternative and innovative procurement procedures, see section 5061 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103-365; 108 Stat. 3352; 41 U.S.C. 413 note), set forth beginning on page 453.