§1124 — Title 41 Public Contracts | U.S. Code

Summary

The Administrator may create programs to test new ways for the government to buy goods and services with selected executive agencies. Before testing, the Administrator must talk with agency heads to decide if the program is needed and what its goals are, write rules and success measures, estimate costs and benefits, pick the agencies and types of products or services to include, and set up how the results will be analyzed. A test cannot start unless the chosen agency heads approve it. If the Administrator needs a law waived to run the test, the Administrator must send a notice to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and ask them to act so the law won’t apply. The notice must describe the program and its purpose, explain the procedures, identify the laws affected and any waivers needed, and name the agencies involved.

Title 41, §1124

Public Contracts — Source: USLM XML via OLRC

(a)The Administrator may develop innovative procurement methods and procedures to be tested by selected executive agencies. In developing a 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 the program;

(2)develop the guidelines and procedures for carrying out the program and the criteria to be used in measuring the success of the program;

(3)evaluate the potential costs and benefits which may be derived from the innovative procurement methods and procedures tested under the program;

(4)select the appropriate executive agencies or components of executive agencies to carry out the program;

(5)specify the categories and types of products or services to be procured under the program; and

(6)develop the methods to be used to analyze the results of the program.

(b)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 the program.

(c)If the Administrator determines that it is necessary to waive the application of a provision of law 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 Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and request that the Committees take the necessary action to provide that the provision of law does not apply with respect to the proposed program. The notification to Congress shall include—

(1)a description of the proposed program (including the scope and purpose of the proposed program);

(2)the procedures to be followed in carrying out the proposed program;

(3)the provisions of law affected and the application of any provision of law that must be waived in order to carry out the proposed program; and

(4)the executive agencies involved in carrying out the proposed program.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1124(a)41:413(a) (1st, 2d sentences).Pub. L. 93–400, § 15, as added Pub. L. 98–191, § 7, Dec. 1, 1983, 97 Stat. 1329; Pub. L. 104–201, title X, § 1074(f)(2), Sept. 23, 1996, 110 Stat. 2661. 1124(b)41:413(a) (last sentence). 1124(c)41:413(b). In subsection (c), the words “Committee on Oversight and Government Reform” are substituted for “Committee on Government Operations” on authority of section 1(a)(6) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(h) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). The words “Committee on Homeland Security and Governmental Affairs” are substituted for “Committee on Governmental Affairs” on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§1124 Tests of innovative procurement methods and procedures