§ 405. — Authority and functions of the Administrator.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC405]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 405. Authority and functions of the Administrator
(a) Development of procurement policy; leadership
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 chapter, 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;
(2) services, including research and development; and
(3) construction, alteration, repair, or maintenance of real
property.
(b) Government-wide procurement regulations
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) of this section, 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 chapter, 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.
(c) Noninterference with executive agencies
The authority of the Administrator under this chapter 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 procurement
contracts.
(d) Enumeration of included functions
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 Government-wide 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) 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 417 of this title;
(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 the development of a professional
acquisition workforce Government-wide;
(B) promote and coordinate Government-wide research and
studies to improve the procurement process and the laws,
policies, methods, regulations, procedures, and forms relating
to acquisition by the executive agencies;
(C) collect data and analyze acquisition workforce data from
the Office of Personnel Management, the heads of executive
agencies, and, through periodic surveys, from individual
employees;
(D) periodically analyze acquisition career fields to
identify critical competencies, duties, tasks, and related
academic prerequisites, skills, and knowledge;
(E) coordinate and assist agencies in identifying and
recruiting highly qualified candidates for acquisition fields;
(F) develop instructional materials for acquisition
personnel in coordination with private and public acquisition
colleges and training facilities;
(G) evaluate the effectiveness of training and career
development programs for acquisition personnel;
(H) promote the establishment and utilization of academic
programs by colleges and universities in acquisition fields;
(I) facilitate, to the extent requested by agencies,
interagency intern and training programs; and
(J) perform other career management or research functions as
directed by the Administrator;
(6) administering the provisions of section 433 of this title;
(7) 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;
(8) 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;
(9) providing for a Government-wide award to recognize and
promote vendor excellence;
(10) providing for a Government-wide award to recognize and
promote excellence in officers and employees of the Federal
Government serving in procurement-related positions;
(11) developing policies, in consultation with the Administrator
of the Small Business Administration, that ensure that small
businesses, qualified HUBZone small business concerns (as defined in
section 632(p) of title 15), 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;
(12) developing policies that will promote achievement of goals
for participation by small businesses, qualified HUBZone small
business concerns (as defined in section 632(p) of title 15), small
businesses owned and controlled by socially and economically
disadvantaged individuals, and small businesses owned and controlled
by women; and
(13) completing action, as appropriate, on the recommendations
of the Commission on Government Procurement.
(e) Consultation; assistance of existing executive agencies; advisory
committees and interagency groups
In carrying out the functions set forth in subsection (d) of this
section, 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 Government-wide
procurement regulations and to assist in the performance of any of
the other functions which the Administrator considers appropriate.
(f) Oversight of regulations promulgated by other agencies relating to
procurement
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 any
policies, regulations, or procedures issued pursuant to subsection (a)
of this section.
(g) Assignment, delegation, or transfer of functions prohibited
Except as otherwise provided by law, no duties, functions, or
responsibilities, other than those expressly assigned by this chapter,
shall be assigned, delegated, or transferred to the Administrator.
(h) Real property procurement; Office of Management and Budget
Nothing in this chapter shall be construed to--
(1) impair or affect the authorities or responsibilities
conferred by the Federal Property and Administrative Services Act of
1949 \1\ with respect to the procurement of real property; or
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\1\ See References in Text note below.
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(2) limit the current authorities and responsibilities of the
Director of the Office of Management and Budget.
(i) Recipients of Federal grants or assistance
(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 Government-wide 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) of this section 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 recipients contrary to State
and local laws, in the case of programs to provide Federal grants or
assistance to States and political subdivisions.
(j) Policy regarding consideration of contractor past performance
(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;
(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) Annual reporting requirement
The Administrator shall submit to Congress, on an annual basis, an
assessment of the progress made in executive agencies in implementing
the policy regarding major acquisitions that is stated in section 263(a)
of this title. The Administrator shall use data from existing management
systems in making the assessment.
(Pub. L. 93-400, Sec. 6, Aug. 30, 1974, 88 Stat. 797; Pub. L. 96-83,
Sec. 4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98-191, Sec. 5, Dec. 1,
1983, 97 Stat. 1326; Pub. L. 98-369, div. B, title VII, Sec. 2732(b)(1),
July 18, 1984, 98 Stat. 1199; Pub. L. 100-679, Sec. 3(a), Nov. 17, 1988,
102 Stat. 4055; Pub. L. 103-355, title I, Sec. 1091(b)(2), title V,
Secs. 5051(b), 5091, title VII, Sec. 7108, Oct. 13, 1994, 108 Stat.
3272, 3351, 3361, 3378; Pub. L. 104-106, div. D, title XLIII,
Secs. 4307(b), 4321(h)(1), (2), 4322(a)(1), div. E, title LVI,
Sec. 5607(d), Feb. 10, 1996, 110 Stat. 668, 675, 677, 702; Pub. L. 104-
201, div. A, title X, Sec. 1074(f)(1), Sept. 23, 1996, 110 Stat. 2661;
Pub. L. 105-85, div. A, title VIII, Sec. 851(b), title X,
Sec. 1073(g)(2)(B), Nov. 18, 1997, 111 Stat. 1851, 1906; Pub. L. 105-
135, title VI, Sec. 604(f)(1), Dec. 2, 1997, 111 Stat. 2634.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (h)(1), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of this
title, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1,
6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title
40, Public Buildings, Property, and Works.
Amendments
1997--Subsec. (d)(5)(J). Pub. L. 105-85, Sec. 1073(g)(2)(B)(i),
substituted semicolon for period at end.
Subsec. (d)(6). Pub. L. 105-85, Sec. 1073(g)(2)(B)(ii), realigned
margins.
Subsec. (d)(11). Pub. L. 105-135, Sec. 604(f)(1)(A), inserted
``qualified HUBZone small business concerns (as defined in section
632(p) of title 15),'' after ``ensure that small businesses,''.
Subsec. (d)(12). Pub. L. 105-135, Sec. 604(f)(1)(B), inserted
``qualified HUBZone small business concerns (as defined in section
632(p) of title 15),'' after ``participation by small businesses,''.
Pub. L. 105-85, Sec. 1073(g)(2)(B)(iii), substituted ``small
businesses'' for ``small business'' after ``individuals, and''.
Subsec. (k). Pub. L. 105-85, Sec. 851(b), inserted ``regarding major
acquisitions that is'' after ``implementing the policy''.
1996--Subsec. (b). Pub. L. 104-106, Sec. 4322(a)(1), struck out
second comma after ``subsection (a) of this section''.
Subsec. (d)(5)(A). Pub. L. 104-106, Sec. 4307(b)(2)(A), substituted
``the development of a professional acquisition workforce Government-
wide'' for ``Government-wide career management programs for a
professional procurement work force''.
Subsec. (d)(5)(B). Pub. L. 104-106, Sec. 4307(b)(2)(B)(i),
substituted ``acquisition by the'' for ``procurement by the''.
Subsec. (d)(5)(C) to (J). Pub. L. 104-106, Sec. 4307(b)(2)(B)(ii),
(iii), added subpars. (C) to (J) and struck out former subpar. (C) which
read as follows: ``establish policies and procedures for the
establishment and implementation of education and training programs
authorized by this chapter, 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.''
Subsec. (d)(6). Pub. L. 104-106, Sec. 4307(b)(3), added par. (6).
Former par. (6) redesignated (7).
Subsec. (d)(7) to (10). Pub. L. 104-106, Sec. 4307(b)(1),
redesignated pars. (6) to (9) as (7) to (10), respectively. Former par.
(10) redesignated (11).
Subsec. (d)(11). Pub. L. 104-106, Sec. 4321(h)(2), which directed
substitution of ``small businesses'' for ``small business'', could not
be executed because the words ``small business'' did not appear.
Pub. L. 104-106, Sec. 4307(b)(1), redesignated par. (10) as (11).
Former par. (11) redesignated (12).
Subsec. (d)(12). Pub. L. 104-106, Sec. 4307(b)(1), redesignated par.
(11) as (12). Former par. (12) redesignated (13).
Subsec. (d)(13). Pub. L. 104-106, Sec. 4321(h)(1), which directed
transferring par. (12) to end of subsec. (d), was executed by
transferring par. (13) to end of subsec. (d) to reflect the probable
intent of Congress and the redesignation of par. (12) as (13) by Pub. L.
104-106, Sec. 4307(b)(1). See below.
Pub. L. 104-106, Sec. 4307(b)(1), redesignated par. (12) as (13).
Subsec. (f). Pub. L. 104-201 struck out ``the policies set forth in
section 401 of this title or'' after ``inconsistent with''.
Subsec. (h)(1). Pub. L. 104-106, Sec. 5607(d), struck out ``of
automatic data processing and telecommunications equipment and services
or'' after ``with respect to the procurement''.
1994--Subsec. (d)(5)(C). Pub. L. 103-355, Sec. 7108(b), added
subpar. (C).
Subsec. (d)(8), (9). Pub. L. 103-355, Sec. 5091, added pars. (8) and
(9) at end. Former par. (8) redesignated (12).
Subsec. (d)(10), (11). Pub. L. 103-355, Sec. 7108(a), added pars.
(10) and (11).
Subsec. (d)(12). Pub. L. 103-355, Sec. 5091(2), redesiganted par.
(8) and (12).
Subsec. (j). Pub. L. 103-355, Sec. 1091(b)(2), added subsec. (j).
Subsec. (k). Pub. L. 103-355, Sec. 5051(b), added subsec. (k).
1988--Subsec. (a). Pub. L. 100-679, Sec. 3(a)(1), substituted
``procurement policies. These policies shall be implemented in a single
Government-wide procurement regulation called the Federal Acquisition
Regulation and shall be'' for ``procurement policies which shall be
implemented in the single system of Government-wide procurement
regulations and shall be''.
Subsec. (b). Pub. L. 100-679, Sec. 3(a)(2), inserted ``, including
any such regulations, procedures, and forms as are necessary to
implement prescribed policy initiated by the Administrator under
subsection (a) of this section,'' after ``timely manner'' and
substituted ``Administrator shall'' for ``Administrator may''.
Subsec. (d)(4). Pub. L. 100-679, Sec. 3(a)(3), added par. (4) and
struck out former par. (4) which read as follows: ``providing for a
computer-based Federal Procurement Data System which shall be located in
the General Services Administration (acting as executive agent for the
Administrator) and shall collect, develop, and disseminate procurement
data;''.
Subsec. (d)(5). Pub. L. 100-679, Sec. 3(a)(3), added par. (5) and
struck out former par. (5) which read as follows: ``providing for a
Federal Acquisition Institute which shall be located in the General
Services Administration (acting as executive agent for the
Administrator) and shall--
``(A) foster and promote Government-wide career management
programs for a professional procurement work force; and
``(B) promote and coordinate Government-wide research and
studies to improve the procurement process and the laws, policies,
methods, regulations, procedures, and forms relating to procurement
by the executive agencies;''.
Subsec. (f). Pub. L. 100-679, Sec. 3(a)(4), substituted ``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,'' for ``The Director of the Office of Management
and Budget''.
1984--Subsec. (e). Pub. L. 98-369 substituted ``subsection (d)'' for
``subsection (c)''.
1983--Pub. L. 98-191 amended section generally, revising and
restating as subsecs. (a), (c), (d), (e), (g), (h), and (i) provisions
of former subsecs. (a), (f), (d), (e), (g), (j), and (b), respectively,
and by inserting provisions set out in new subsecs. (b) and (f).
1979--Subsec. (a). Pub. L. 96-83, Sec. 4(a), substituted provisions
setting forth the responsibilities of the Administrator with respect to
the development and implementation of procurement policies, the
coordination of programs to improve the quality and performance of
personnel, and the development of a uniform procurement system, for
provisions setting forth responsibility of the Administrator for overall
direction of procurement policy, and functions with respect to issuance
of policy, regulations, procedures, and forms.
Subsec. (c). Pub. L. 96-83, Sec. 4(b), substituted provisions
relating to development and proposal of a central management system, for
provisions setting forth limitation of authority to procurement from
appropriated funds and provisions relating to a study and report of
procurement from nonappropriated funds.
Subsec. (d). Pub. L. 96-83, Sec. 4(c), substituted provisions
setting forth the review, development, etc., functions of the
Administrator with respect to procurement policies, regulations,
procedures, and forms, procurement data, procurement personnel, and
procurement contracts, for provisions setting forth the establishment,
monitoring, etc., functions of the Administrator with respect to uniform
procurement regulations, procurement policies, regulations, procedures,
and forms, procurement data, and procurement personnel.
Subsec. (e). Pub. L. 96-83, Sec. 4(d), substituted provisions
relating to consultation functions of the Administrator with respect to
the development and implementation of the uniform procurement system,
for provisions relating to the consultation functions of the
Administrator with respect to the development of policies, regulations,
procedures and forms to be authorized or prescribed by such
Administrator.
Subsecs. (h) to (j). Pub. L. 96-83, Sec. 4(e), added subsecs. (h) to
(j).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3
of Pub. L. 105-135 set out as a note under section 631 of Title 15,
Commerce and Trade.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by sections
4307(b), 4321(h)(1), (2), and 4322(a)(1) of Pub. L. 104-106, see section
4401 of Pub. L. 104-106, set out as a note under section 251 of this
title.
Amendment by section 5607(d) of Pub. L. 104-106 effective 180 days
after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996,
110 Stat. 702.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12 of
Pub. L. 96-83, set out as a note under section 401 of this title.
Reporting of Bundled Contract Opportunities
Section 414 of title IV of Pub. L. 105-135 provided that:
``(a) Data Collection Required.--The Federal Procurement Data System
described in section 6(d)(4)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect data
regarding bundling of contract requirements when the contracting officer
anticipates that the resulting contract price, including all options, is
expected to exceed $5,000,000. The data shall reflect a determination
made by the contracting officer regarding whether a particular
solicitation constitutes a contract bundling.
``(b) Definitions.--In this section, the term `bundling of contract
requirements' has the meaning given that term in section 3(o) of the
Small Business Act (15 U.S.C. 632(o)) (as added by section 412 of this
subtitle).''
Congressional Findings Regarding Consideration of Past Contract
Performance
Section 1091(b)(1) of Pub. L. 103-355 provided that: ``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.''
Results-Oriented Acquisition Process
Section 5052 of Pub. L. 103-355 provided that:
``(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.''
Development of Definitions Regarding Certain Small Business Concerns
Section 7107 of Pub. L. 103-355 provided that:
``(a) Review Required.--(1) The Administrator for Federal
Procurement Policy shall conduct a comprehensive review of Federal laws,
as in effect on November 1, 1994, to identify and catalogue all of the
provisions in such laws that define (or describe for definitional
purposes) the small business concerns set forth in paragraph (2) for
purposes of authorizing the participation of such small business
concerns as prime contractors or subcontractors in--
``(A) contracts awarded directly by the Federal Government or
subcontracts awarded under such contracts; or
``(B) contracts and subcontracts funded, in whole or in part, by
Federal financial assistance under grants, cooperative agreements,
or other forms of Federal assistance.
``(2) The small business concerns referred to in paragraph (1) are
as follows:
``(A) Small business concerns owned and controlled by socially
and economically disadvantaged individuals.
``(B) Minority-owned small business concerns.
``(C) Small business concerns owned and controlled by women.
``(D) Woman-owned small business concerns.
``(b) Matters To Be Developed.--On the basis of the results of the
review carried out under subsection (a), the Administrator for Federal
Procurement Policy shall develop--
``(1) uniform definitions for the small business concerns
referred to in subsection (a)(2);
``(2) uniform agency certification standards and procedures
for--
``(A) determinations of whether a small business concern
qualifies as a small business concern referred to in subsection
(a)(2) under an applicable standard for purposes of contracts
and subcontracts referred to in subsection (a)(1); and
``(B) reciprocal recognition by an agency of a decision of
another agency regarding whether a small business concern
qualifies as a small business concern referred to in subsection
(a)(2) for such purposes; and
``(3) such other related recommendations as the Administrator
determines appropriate consistent with the review results.
``(c) Procedures and Schedule.--(1) The Administrator for Federal
Procurement Policy shall provide for the participation in the review and
activities under subsections (a) and (b) by representatives of--
``(A) the Small Business Administration (including the Office of
the Chief Counsel for Advocacy);
``(B) the Minority Business Development Agency of the Department
of Commerce;
``(C) the Department of Transportation;
``(D) the Environmental Protection Agency; and
``(E) such other executive departments and agencies as the
Administrator considers appropriate.
``(2) In carrying out subsections (a) and (b), the Administrator
shall consult with representatives of organizations representing--
``(A) minority-owned business enterprises;
``(B) women-owned business enterprises; and
``(C) other organizations that the Administrator considers
appropriate.
``(3) Not later than 60 days after the date of the enactment of this
Act [Oct. 13, 1994], the Administrator shall publish in the Federal
Register a notice which--
``(A) lists the provisions of law identified in the review
carried out under subsection (a);
``(B) describes the matters to be developed on the basis of the
results of the review pursuant to subsection (b);
``(C) solicits public comment regarding the matters described in
the notice pursuant to subparagraphs (A) and (B) for a period of not
less than 60 days; and
``(D) addresses such other matters as the Administrator
considers appropriate to ensure the comprehensiveness of the review
and activities under subsections (a) and (b).
``(d) Report.--Not later than May 1, 1996, the Administrator for
Federal Procurement Policy shall submit to the Committees on Small
Business of the Senate and the House of Representatives a report on the
results of the review carried out under subsection (a) and the actions
taken under subsection (b). The report shall include a discussion of the
results of the review, a description of the consultations conducted and
public comments received, and the Administrator's recommendations with
regard to the matters identified under subsection (b).''
Data Collection Through Federal Procurement Data System
Section 10004 of Pub. L. 103-355 provided that:
``(a) Data Collection Required.--The Federal Procurement Data System
described in section 6(d)(4)(A) 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, or section
7102 of the Federal Acquisition Streamlining Act of 1994 [Pub. L.
103-355, 15 U.S.C. 644 note].
``(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)).''
Profit Methodology Study
Section 7 of Pub. L. 100-679 provided that:
``(a) In General.--The Administrator shall conduct a study to
develop a consistent methodology which executive agencies should use for
measuring the profits earned by government contractors on procurements,
other than procurements where the price is based on adequate price
competition or on established catalog or market prices of commercial
items sold in substantial quantities to the general public.
``(b) Contractors' Financial Data.--The methodology developed under
subsection (a) shall include adequate procedures for verifying and
maintaining the confidentiality of contractors' financial data.''
Section Referred to in Other Sections
This section is referred to in sections 408, 417, 421, 422 of this
title; title 18 section 4124; title 31 section 6202; title 50 App.
section 2154.
