§1303 — Title 41 Public Contracts | U.S. Code

Summary

Three agency leaders must work together to create and keep one government-wide set of buying rules called the Federal Acquisition Regulation (FAR). Other agencies can only make buying rules that are needed to carry out those government-wide rules or to meet special needs of that agency. The Administrator of General Services checks that agency rules match the FAR and the policies in section 1121(b). Anyone can ask the Administrator to review a rule they think conflicts with the FAR. Unless the request is clearly baseless, the Administrator must finish the review within 60 days. The Administrator can extend the review if more time is needed but must tell the requester why and when it will finish. If a rule conflicts with the FAR or the section 1121(b) policies, the Administrator must stop or block the rule or use other legal powers to fix it. If a rule does not conflict but could be improved, the Administrator must take action. All decisions must be written and made public. Each agency’s official on the procurement Council, under their agency head, must approve or reject any proposed or final buying rules before they take effect. That official can give a temporary okay for up to 60 days in urgent cases. The official must handle related information-collection duties and cut out extra internal review steps and unnecessary agency-only rules. That review power cannot be given to someone outside that official’s office. The Council’s work must follow the policies in section 1121(b), and, under section 1121(d), the Council manages and controls how the FAR is kept up, issued, and changed.

Title 41, §1303

Public Contracts — Source: USLM XML via OLRC

(a)(1)Subject to section 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, the Administrator of General Services, the Secretary of Defense, and the Administrator of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10), and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),11 See References in Text note below. shall jointly issue and maintain in accordance with subsection (d) a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation.

(2)Other regulations relating to procurement issued by an executive agency shall be limited to—

(A)regulations essential to implement Government-wide policies and procedures within the agency; and

(B)additional policies and procedures required to satisfy the specific and unique needs of the agency.

(3)The Administrator, in consultation with the Council, shall ensure that procurement regulations prescribed by executive agencies are consistent with the Federal Acquisition Regulation and in accordance with the policies prescribed pursuant to section 1121(b) of this title.

(4)(A)Under procedures the Administrator establishes, a person may request the Administrator to review a regulation relating to procurement on the basis that the regulation is inconsistent with the Federal Acquisition Regulation.

(B)Unless the request is frivolous or does not, on its face, state a valid basis for the review, the Administrator shall complete the review not later than 60 days after receiving the request. The time for completion of the review may be extended if the Administrator determines that an additional period of review is required. The Administrator shall advise the requester of the reasons for the extension and the date by which the review will be completed.

(5)If the Administrator determines that a regulation relating to procurement is inconsistent with the Federal Acquisition Regulation or that the regulation otherwise should be revised to remove an inconsistency with the policies prescribed under section 1121(b) of this title, the Administrator shall rescind or deny the promulgation of the regulation or take other action authorized under section 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title as may be necessary to remove the inconsistency. If the Administrator determines that the regulation, although not inconsistent with the Federal Acquisition Regulation or those policies, should be revised to improve compliance with the Regulation or policies, the Administrator shall take action authorized under section 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 as may be necessary and appropriate.

(6)The decisions of the Administrator shall be in writing and made publicly available.

(b)(1)Subject to the authority, direction, and control of the head of the agency concerned, each official who represents an agency on the Council pursuant to section 1302(b) of this title shall—

(A)approve or disapprove all regulations relating to procurement that are proposed for public comment, prescribed in final form, or otherwise made effective by that agency before the regulation may be prescribed in final form, or otherwise made effective, except that the official may grant an interim approval, without review, for not more than 60 days for a procurement regulation in urgent and compelling circumstances;

(B)carry out the responsibilities of that agency set forth in chapter 35 of title 44 for each information collection request that relates to procurement rules or regulations; and

(C)eliminate or reduce—

(i)any redundant or unnecessary levels of review and approval in the procurement system of that agency; and

(ii)redundant or unnecessary procurement regulations which are unique to that agency.

(2)The authority to review and approve or disapprove regulations under paragraph (1)(A) may not be delegated to an individual outside the office of the official who represents the agency on the Council pursuant to section 1302(b) of this title.

(c)All actions of the Council and of members of the Council shall be in accordance with and furtherance of the policies prescribed under section 1121(b) of this title.

(d)Subject to section 1121(d) of this title, the Council shall manage, coordinate, control, and monitor the maintenance of, issuance of, and changes in, the Federal Acquisition Regulation.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1303(a)41:421(c).Pub. L. 93–400, § 25(c)–(f), as added Pub. L. 100–679, § 4, Nov. 17, 1988, 102 Stat. 4056; Pub. L. 104–201, title VIII, § 822, title X, § 1074(f)(3), Sept. 23, 1996, 110 Stat. 2609, 2661; Pub. L. 105–85, title VIII, § 841(d), Nov. 18, 1997, 111 Stat. 1843. 1303(b)41:421(d). 1303(c)41:421(e). 1303(d)41:421(f). In subsection (a)(6), the text of 41:421(c)(6) (last sentence) is omitted because 41:407 was repealed by section 4305(b) of the National Defense Authorization Act of Fiscal Year 1996 (Public Law 104–106, 110 Stat. 665). In subsection (b)(1)(A), the words “after 60 days after November 17, 1988” are omitted as obsolete. In subsection (b)(1)(B), the words “(as that term is defined in section 3502(11) of title 44)” are omitted because chapter 35 of title 44 was amended generally by the Paperwork Reduction Act of 1995 (Public Law 104–13, 109 Stat. 163) and 44:3502 no longer defines “information collection request”. The term “information collection request” is retained in this section of the revised title, however, because 44:ch. 35 still contains provisions about requests for collection of information.

Editorial Notes

References in Text

The National Aeronautics and Space Act of 1958, referred to in subsec. (a)(1), is Pub. L. 85–568, July 29, 1958, 72 Stat. 426, which was classified principally to chapter 26 (§ 2451 et seq.) of Title 42, The Public Health and Welfare, and was substantially repealed and restated as chapter 201 (§ 20101 et seq.) of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete classification of this Act to the Code, see

Short Title

of 1958 Act note set out under section 10101 of Title 51 and Tables.

Amendments

2021—Subsec. (a)(1). Pub. L. 117–81 substituted “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)” for “chapters 4 and 137 of title 10”.

§1303 Functions and authority