§ 401, 402. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC401]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Secs. 401, 402. Repealed. Pub. L. 104-106, div. D, title XLIII,
Sec. 4305(a)(2), Feb. 10, 1996, 110 Stat. 665
Section 401, Pub. L. 93-400, Sec. 2, Aug. 30, 1974, 88 Stat. 796;
Pub. L. 96-83, Sec. 2, Oct. 10, 1979, 93 Stat. 648; Pub. L. 98-191,
Sec. 3, Dec. 1, 1983, 97 Stat. 1325; Pub. L. 100-679, Sec. 2(a), Nov.
17, 1988, 102 Stat. 4055; Pub. L. 103-355, title I, Sec. 1091(a), Oct.
13, 1994, 108 Stat. 3272, stated policy of United States Government
relating to procurement of property and services.
Section 402, Pub. L. 93-400, Sec. 3, Aug. 30, 1974, 88 Stat. 796;
Pub. L. 100-679, Sec. 2(b), Nov. 17, 1988, 102 Stat. 4055, stated
findings of Congress and purpose of this chapter.
Effective Date of Repeal
For effective date and applicability of repeal, see section 4401 of
Pub. L. 104-106, set out as an Effective Date of 1996 Amendment note
under section 251 of this title.
Effective Date of 1979 Amendment
Section 12 of Pub. L. 96-83 provided that: ``Except to the extent
otherwise provided therein, the amendments made by this Act [see Short
Title of 1979 Amendment note below] shall take effect on October 1,
1979.''
Short Title of 1988 Amendment
Section 1 of Pub. L. 100-679 provided that: ``This Act [enacting
sections 421 to 424 of this title, amending this section, sections 402,
403, 405, 410, and 420 of this title, sections 5312 to 5315, 8331, 8401,
8701, and 8901 of Title 5, Government Organization and Employees, and
section 541 of former Title 40, Public Buildings, Property, and Works,
repealing section 2168 of Title 50, Appendix, War and National Defense,
and enacting provisions set out as notes under sections 405 and 423 of
this title and section 5312 of Title 5] may be cited as the `Office of
Federal Procurement Policy Act Amendments of 1988'.''
Short Title of 1983 Amendment
Section 1 of Pub. L. 98-191 provided: ``That this Act [enacting
sections 413 to 415 of this title, amending this section, sections 5,
6a-1, 252, 403, 405, 407, 409, 410, and 411 of this title, section 831h
of Title 16, Conservation, and sections 474, 481, and 487 of former
Title 40, Public Buildings, Property, and Works] may be cited as the
`Office of Federal Procurement Policy Act Amendments of 1983'.''
Short Title of 1979 Amendment
Section 1(a) of Pub. L. 96-83 provided that: ``This Act [amending
this section, sections 403, 405, 407, and 409 to 412 of this title, and
sections 474, 481, and 487 of former Title 40, Public Buildings,
Property and Works, and enacting provisions set out as notes under this
section and section 405a of this title] may be cited as the `Office of
Federal Procurement Policy Act Amendments of 1979'.''
Short Title
Section 1(a) of Pub. L. 93-400, as amended by Pub. L. 103-355, title
X, Sec. 10005(a)(1), Oct. 13, 1994, 108 Stat. 3406, provided that:
``This Act [enacting this chapter and amending section 5315 of Title 5,
Government Organization and Employees, and sections 474, 481, and 487 of
former Title 40, Public Buildings, Property, and Works] may be cited as
the `Office of Federal Procurement Policy Act'.''
Stylistic Consistency
Section 10005(b)(1) of Pub. L. 103-355 provided that: ``The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended so
that the section designation and section heading of each section of such
Act is in the same form and typeface as the section designation and
heading of this section [108 Stat. 3406].''
Requirements for Use of Appropriations by Executive Agencies for
Services by Contract
Pub. L. 102-394, title V, Sec. 502, Oct. 6, 1992, 106 Stat. 1825,
provided that: ``No part of any appropriation contained in this Act or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts shall be expended by
an executive agency, as referred to in the Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.), pursuant to any obligation for
services by contract, unless such executive agency has awarded and
entered into such contract in full compliance with such Act and
regulations promulgated thereunder.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-170, title V, Sec. 502, Nov. 26, 1991, 105 Stat. 1140.
Pub. L. 101-517, title V, Sec. 502, Nov. 5, 1990, 104 Stat. 2221.
Pub. L. 101-166, title V, Sec. 502, Nov. 21, 1989, 103 Stat. 1189.
Pub. L. 100-202, Sec. 101(h) [title V, Sec. 502], Dec. 22, 1987, 101
Stat. 1329-256, 1329-287.
Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 502], Oct. 18,
1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,
title V, Sec. 502], Oct. 30, 1986, 100 Stat. 3341-287.
Pub. L. 99-178, title V, Sec. 502, Dec. 12, 1985, 99 Stat. 1132.
Pub. L. 98-619, title V, Sec. 502, Nov. 8, 1984, 98 Stat. 3332.
Pub. L. 98-139, title V, Sec. 502, Oct. 31, 1983, 97 Stat. 899.
Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 502], Dec.
21, 1982, 96 Stat. 1878, 1904.
Ex. Ord. No. 12073. Federal Procurement in Labor Surplus Areas
Ex. Ord. No. 12073, Aug. 16, 1978, 43 F.R. 36873, provided:
By the authority vested in me as President by the Constitution of
the United States of America, and in order to strengthen the economic
base of our Nation, it is hereby ordered as follows:
1-1. Procurements in Labor Surplus Areas
1-101. Executive agencies shall emphasize procurement set-asides in
labor surplus areas in order to strengthen our Nation's economy.
1-102. Labor surplus area procurements shall be consistent with this
Order and, to the extent funds are available, the priorities of Section
15 of the Small Business Act, as amended by Public Law 95-89 (15 U.S.C.
644).
1-2. Administrator of General Services
1-201. The Administrator shall coordinate with and advise State and
local officials with regard to Federal efforts to encourage procurements
in labor surplus areas with the aim of fostering economic development in
labor surplus areas.
1-202. The Administrator shall establish specific labor surplus area
procurement targets for Executive agencies in consultation with the
heads of those agencies.
1-203. In cooperation with the heads of Executive agencies, the
Administrator shall encourage the use of set-asides or other appropriate
methods for meeting procurement targets in labor surplus areas.
1-204. The Administrator shall report every six months to the
President on the progress of the agencies in achieving the procurement
targets.
1-3. Agency Responsibilities
1-301. The Secretary of Labor shall classify and designate labor
markets which are labor surplus areas. The Secretary shall provide labor
market data to the heads of agencies and State and local officials in
order to promote the development of business opportunities in labor
surplus areas.
1-302. The heads of Executive agencies shall cooperate with the
Administrator in carrying out his responsibilities for labor surplus
area programs and shall provide the information necessary for setting
procurement targets and recording achievement. They shall keep the
Administrator informed of plans and programs which affect labor surplus
procurements, with particular attention to opportunities for minority
firms.
1-303. In accord with Section 6 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405), the Administrator for Federal Procurement
Policy shall be responsible for the overall direction and oversight of
the policies affecting procurement programs for labor surplus areas.
Jimmy Carter.
Executive Order No. 12092
Ex. Ord. No. 12092, Nov. 1, 1978, 43 F.R. 51375, as amended by Ex.
Ord. No. 12161, Sept. 28, 1979, 44 F.R. 56663, which related to the
prohibition against inflationary procurement practices, was revoked by
Ex. Ord. No. 12288, Jan. 29, 1981, 46 F.R. 10135.
Executive Order No. 12352
Ex. Ord. No. 12352, Mar. 17, 1982, 47 F.R. 12125, which related to
Federal procurement reform to support mission accomplishment more
effectively, was revoked by Ex. Ord. No. 12931, Sec. 4, Oct. 13, 1994,
59 F.R. 52388, set out below.
Executive Order No. 12818
Ex. Ord. No. 12818, Oct. 23, 1992, 57 F.R. 48713, which prohibited
executive agencies from requiring labor agreements on Federal or
federally funded construction projects, was revoked by Ex. Ord. No.
12836, Sec. 1, Feb. 1, 1993, 58 F.R. 7045, which was itself revoked as
it relates to notification of employee rights concerning payment of
union dues or fees by Ex. Ord. No. 13201, Sec. 11, Feb. 17, 2001, 66
F.R. 11221, and as it relates to project agreements by Ex. Ord. No.
13202, Sec. 8, Feb. 17, 2001, 66 F.R. 11226.
Ex. Ord. No. 12931. Federal Procurement Reform
Ex. Ord. No. 12931, Oct. 13, 1994, 59 F.R. 52387, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to ensure
effective and efficient spending of public funds through fundamental
reforms in Government procurement, it is hereby ordered as follows:
Section 1. To make procurement more effective in support of mission
accomplishment and consistent with recommendations of the National
Performance Review, heads of executive agencies engaged in the
procurement of supplies and services shall:
(a) Review agency procurement rules, reporting requirements,
contractual requirements, certification procedures, and other
administrative procedures over and above those required by statute, and,
where practicable, replace them with guiding principles that encourage
and reward innovation;
(b) Review existing and planned agency programs to assure that such
programs meet agency mission needs;
(c) Ensure that procurement organizations focus on measurable
results and on increased attention to understanding and meeting customer
needs;
(d) Increase the use of commercially available items where
practicable, place more emphasis on past contractor performance, and
promote best value rather than simply low cost in selecting sources for
supplies and services;
(e) Ensure that simplified acquisition procedures are used, to the
maximum extent practicable, for procurements under the simplified
acquisition threshold in order to reduce administrative burdens and more
effectively support the accomplishment of agency missions;
(f) Expand the use of the Government purchase card by the agency and
take maximum advantage of the micro-purchase authority provided in the
Federal Acquisition Streamlining Act of 1994 [Pub. L. 103-355, see Short
Title of 1994 Amendment note set out under section 251 of this title] by
delegating the authority, to the maximum extent practicable, to the
offices that will be using the supplies or services to be purchased;
(g) Establish clear lines of contracting authority and
accountability;
(h) Establish career education programs for procurement
professionals, including requirements for successful completion of
educational requirements or mandatory training for entry level positions
and for promotion to higher level positions, in order to ensure a highly
qualified procurement work force;
(i) Designate a Procurement Executive with agency-wide
responsibility to oversee development of procurement goals, guidelines,
and innovation, measure and evaluate procurement office performance
against stated goals, enhance career development of the procurement work
force, and advise the agency heads whether goals are being achieved; and
(j) Review existing and planned information technology acquisitions
and contracts to ensure that the agency receives the best value with
regard to price and technology, and consider alternatives in cases where
best value is not being obtained.
Sec. 2. The Director of the Office of Personnel Management, in
consultation with the heads of executive agencies, shall ensure that
personnel policies and classification standards meet the needs of
executive agencies for a professional procurement work force.
Sec. 3. The Administrator of the Office of Federal Procurement
Policy, after consultation with the Director of the Office of Management
and Budget, shall work jointly with the heads of executive agencies to
provide broad policy guidance and overall leadership necessary to
achieve procurement reform, including, but not limited to:
(a) Coordinating Government-wide efforts;
(b) Assisting executive agencies in streamlining guidance for
procurement processes;
(c) Identifying desirable Government-wide procurement system
criteria; and
(d) Identifying major inconsistencies in law and policies relating
to procurement that impose unnecessary burdens on the private sector and
Federal procurement officials, and, following coordination with
executive agencies, submitting necessary legislative initiatives to the
Office of Management and Budget for the resolution of such
inconsistencies.
Sec. 4. Executive Order No. 12352 is revoked.
William J. Clinton.
Executive Order No. 12969
Ex. Ord. No. 12969, Aug. 8, 1995, 60 F.R. 40989, which provided for
Federal agencies to contract with companies that report in a public
manner on toxic chemicals released to the environment, was revoked by
Ex. Ord. No. 13148, Sec. 901, Apr. 21, 2000, 65 F.R. 24604, set out as a
note under section 4321 of Title 42, The Public Health and Welfare.
Streamlining Procurement Through Electronic Commerce
Memorandum of President of the United States, Oct. 28, 1993, 58 F.R.
58095, provided:
Memorandum for the Heads of Executive Departments and Agencies [and]
the President's Management Council
The Federal Government spends $200 billion annually buying goods and
services. Unfortunately, the red tape and burdensome paperwork of the
current procurement system increases costs, produces unnecessary delays,
and reduces Federal work force productivity. Moving to an electronic
commerce system to simplify and streamline the purchasing process will
promote customer service and cost-effectiveness. The electronic exchange
of acquisition information between the private sector and the Federal
Government also will increase competition by improving access to Federal
contracting opportunities for the more than 300,000 vendors currently
doing business with the Government, particularly small businesses, as
well as many other vendors who find access to bidding opportunities
difficult under the current system. For these reasons, I am committed to
fundamentally altering and improving the way the Federal Government buys
goods and services by ensuring that electronic commerce is implemented
for appropriate Federal purchases as quickly as possible.
1. OBJECTIVES.
The objectives of this electronic commerce initiative are to:
(a) exchange procurement information--such as solicitations, offers,
contracts, purchase orders, invoices, payments, and other contractual
documents--electronically between the private sector and the Federal
Government to the maximum extent practical;
(b) provide businesses, including small, small disadvantaged, and
women-owned businesses, with greater access to Federal procurement
opportunities;
(c) ensure that potential suppliers are provided simplified access
to the Federal Government's electronic commerce system;
(d) employ nationally and internationally recognized data formats
that serve to broaden and ease the electronic interchange of data; and
(e) use agency and industry systems and networks to enable the
Government and potential suppliers to exchange information and access
Federal procurement data.
2. IMPLEMENTATION.
The President's Management Council, in coordination with the Office
of Federal Procurement Policy of the Office of Management and Budget,
and in consultation with appropriate Federal agencies with applicable
technical and functional expertise, as necessary, shall provide overall
leadership, management oversight, and policy direction to implement
electronic commerce in the executive branch through the following
actions:
(a) by March 1994, define the architecture for the Government-wide
electronic commerce acquisition system and identify executive
departments or agencies responsible for developing, implementing,
operating, and maintaining the Federal electronic system;
(b) by September 1994, establish an initial electronic commerce
capability to enable the Federal Government and private vendors to
electronically exchange standardized requests for quotations, quotes,
purchase orders, and notice of awards and begin Government-wide
implementation;
(c) by July 1995, implement a full scale Federal electronic commerce
system that expands initial capabilities to include electronic payments,
document interchange, and supporting databases; and
(d) by January 1997, complete Government-wide implementation of
electronic commerce for appropriate Federal purchases, to the maximum
extent possible.
This implementation schedule should be accelerated where
practicable.
The head of each executive department or agency shall:
(a) ensure that budgetary resources are available, within approved
budget levels, for electronic commerce implementation in each respective
department or agency;
(b) assist the President's Management Council in implementing the
electronic commerce system as quickly as possible in accordance with the
schedules established herein; and
(c) designate one or more senior level employees to assist the
President's Management Council and serve as a point of contact for the
development and implementation of the Federal electronic commerce system
within each respective department or agency.
3. NO PRIVATE RIGHTS CREATED.
This directive is for the internal management of the executive
branch and does not create any right or benefit, substantive or
procedural, enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other
person.
The Director of the Office of Management and Budget is authorized
and directed to publish this memorandum in the Federal Register.
William J. Clinton.
