S. 2510 (93rd): Office of Federal Procurement Policy Act
796 PUBLIC LAW 93-400-AUG. 30, 1974 [88 STAT. Public Law 93-400 August 3 0, 1974 AN A C T ^^•^^^O'i To establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes. Be it enacted by the Senate and House of Representatives of the Office of Fed ^i.^c.xic..i. U'^^^^d States of America in Congress assembled^ That this Act may eral Procurement PTUCV "AC'Ir " be cited as the "OiRce of Federal Procurement Policy Act". 41 u s e 401 note. DECLARATION OF POLICY 41 use 401. SEC. 2. I t is declared to be the policy of Congress to promote econ- omy, efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government (1) establishing policies, procedures, and practices which will require the Government to acquire property and services of the requisite quality and within the time needed at the lowest reason- able cost, utilizing competitive procurement methods to the maxi- mum extent practicable; (2) improving the quality, efficiency, economy, and perform- ance of Government procurement organizations and personnel; (3) avoiding or eliminating unnecessary overlapping or dupli- cation of procurement and related activities; (4) avoiding or eliminating unnecessary or redundant require- ments placed on contractor and Federal procurement officials; (5) identifying gaps, omissions, or inconsistencies in procure- ment laws, regulations, and directives and in other laws, regula- tions, and directives, relating to or affecting procurement; (6) achieving greater uniformity and simplicity, whenever appropriate, in procurement procedures; (7) coordinating procurement policies and programs of the several departments and agencies; (8) minimizing possible disruptive effects of Government pro- curement on particular industries, areas, or occupations; (9) improving understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government; (10) promoting fair dealing and equitable relationships among the parties in Government contracting; and (11) otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations. FINDINGS AND PURPOSE 41 use 402. SEQ^ 3^ (a) The Congress finds that economy, efficiency, and effective- ness in the procurement of property and services by the executive agen- cies will be improved by establishing an office to exercise responsibility for procurement policies, regulations, procedures, and forms. (b) The purpose of this Act is to establish an Office of Federal Procurement Policy in the Office of Management and Budget to pro- vide overall direction of procurement policies, regulations, procedures, and forms for executive agencies in accordance with applicable laws.
88 STAT. ] PUBLIC LAW 93-400-AUG. 30, 1974 797 DEFINITION SEC. 4. As used in this Act, the term "executive agency" means an 41 u s e 403. executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1), respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act (31 U.S.C. 846). OFFICE OF FEDERAL PKOCUEEMENT POLICY SEC. 5. (a) There is established in the Office of Management and 4i'usctoT"'" Budget an office to be known as the Office of Federal Procurement Pol- icy (hereinafter referred to as the "Office"). (b) There shall be at the head of the Office an Administrator for Federal Procurement Policy (hereinafter referred to as the "Admin- istrator"), who shall be appointed by the President, by and with the advice and consent of the Senate. AUTHORITY AND FUNCTIONS SEC. 6. (a) The Administrator shall provide overall direction of "^^ use 405. procurement policy. To the extent he considers appropriate and with due regard to the program activities of the executive agencies, he shall prescribe policies, regulations, procedures, and forms, which shall be m accordance with applicable laws and shall be followed by executive agencies (1) in the procurement of— (A) property other than real property in being; (B) services, including research and development; and (C) construction, alteration, repair, or maintenance of real property; and (2) in providing for procurement by recipients of Federal grants or assistance of items specified in clauses ( A ) , ( B ) , and (C) of this subsection, to the extent required for performance of Federal grant or assistance programs. (b) Nothing in subsection (a) (2) shall be construed— (1) to permit the Administrator to authorize procurement or supply support, either directly or indirectly, to recipients of Fed- eral grants or assistance; or (2) to authorize any action by recipients contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions. (c) The authority of the Administrator under this Act shall apply only to procurement payable from appropriated funds: Provided, That the Administrator undertake a study of procurement payable study. Procurement from nonappropriated funds. The results of the study, together with Report to presi- recommendations for administrative or statutory changes, shall be senL°/and reported to the President of the Senate and the Speaker of the House speaker of the of Representatives at the earliest practicable date, but in no event House. later than two years after the date of enactment of this Act. (d) The functions of the Administrator shall include— (1) establishing a system of coordinated, and to the extent feasible, uniform procurement regulations for the executive agencies; (2) establishing criteria and procedures for an effective and timely method of soliciting the viewpoints of interested parties in the development of procurement policies, regulations, proce- dures, and forms;
798 PUBLIC LAW 93-400-AUG. 30, 1974 [88 STAT. (3) monitoring and revising policies, regulations, procedures, and forms relating to reliance by the Federal Government on the private sector to provide needed property and services; (4) promoting and conducting research in procurement poli- cies, regulations, procedures, and forms; (5) establishing a system for collecting, developing, and dis- seminating procurement data which takes into account the needs of the Congress, the executive branch, and the private sector; (6) recommending and promoting programs of the Civil Serv- ice Commission and executive agencies for recruitment, training, career development, and performance evaluation of procurement personnel. Consultation (e) I n the development of policies, regulations, procedures, and with executive a g e n c i e s and forms to be authorized or prescribed by him, the Administrator shall SBA. consult with the executive agencies affected, including the Small Busi- ness Administration and other executive agencies promulgating poli- cies, regulations, procedures, and forms affecting procurement. To the extent feasible, the Administrator may designate an executive agency or agencies, establish interagency committees, or otherwise use agency representatives or personnel, to solicit the views and the agreement, so far as possible, of executive agencies affected on significant changes in policies, regulations, procedures, and forms. (f) The authority of the Administrator under this Act 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, serv- ices, 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. Restriction. (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. ADMINISTRATIVE POWERS 41 u s e 406. SEC. 7. 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 posses- sion which the Administrator may determine to be necessary for the performance of the functions of the Office. RESPONSIVENESS TO CONGRESS 41 u s e 407. SEC. 8. (a) The Administrator shall keep the Congress and its duly authorized committees fully and currently informed of the major Report to P r e s - activities of the Office of Federal Procurement PolicyTand shall submit ident of the Senate and a report thereon to the President of the Senate and the Speaker of the Speaker of the House of Representatives annually and at such other times as may be House. necessary for this purpose, together with appropriate legislative recommendations. Report to con- (b) At least 30 dajs prior to the effective date of any major policy g r e s s i o n a l com- mittees. or regulation prescribed under section 6 ( a ) , the Administrator shall
88 STAT. ] PUBLIC LAW 93-400-AUG. 30, 1974 799 transmit to the Committees on Government Operations of the House of Representatives and of the Senate a detailed 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 consulta- tion with such Committees regarding such policy or regulation. (c) In the case of an emergency, the President may waive the notice Notice require- requirement of subsection (b) by submitting in writing to the Congress submittal to con. his reasons therefor at the earliest practicable date on or before the gress. effective date of any major policy or regulation. ErrECT ON EXISTING LAWS SEC. 9. The authority of an executive agency under any other law to ^i use 408 prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in section 6 of this Act. EFFECT ON EXISTING REGULATIONS SEC. 10. Procurement policies, regulations, procedures, or forms in ^i use 409. effect as of the date of enactment of this Act shall continue in effect, as modified from time to time, until repealed, amended, or superseded by policies, regulations, procedures, or forms promulgated by the Administrator. AUTHORIZATION OF APPROPRIATIONS SEC. 11. There are authorized to be appropriated to carry out the "^^ use 410. provisions of this Act, and for no other purpose— (1) not to exceed $2,000,000 for the fiscal year ending June 30, 1975, of which not to exceed $150,000 shall be available for the purpose of research in accordance with section 6(d) ( 4 ) ; and (2) such sums as may be necessary for each of the four fiscal years thereafter. Any subsequent legislation to authorize appropriations to carry out the purposes of this Act shall be referred in the Senate to the Committee on Government Operations. DELEGATION SEC. 12. (a) The Administrator may delegate, and authorize succes- 41 use 411. sive redelegations of, any authority, function, or power under this Act, other than his basic authority to provide overall direction of Federal procurement policy and to prescribe policies and regulations to carry out that policy, to any other executive agency with the consent of such 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 pro- visions of this Act. ANNUAL PAY SEC. 13. Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: "(100) Administrator for Federal Procurement Policy.".
800 PUBLIC LAW 93-401-AUG. 30, 1974 [88 STAT. ACCESS TO I N F O R M A T I O N 41 u s e 412. SEC. 14. (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. Open public meetings, n o t i c e . (b) The Administrator shall, by regulation, require that formal meetings of the Office, as designated by him, for the purpose of estab- lishing 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. REPEALS A N D AMENDMENTS SEC. 15. The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) is amended as follows: (1) Section 201(a)(1) of such Act (40 U.S.C. 481(a)(1)) is amended by inserting "subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act," immediately after "(1)". (2) Section 201(c) of such Act (40 U.S.C. 481(c)) is amended by inserting "subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act," immediately after (3) Section 206(a) (4) of such Act (40 U.S.C. 487(a) (4)) is amended to read as foUovs^s: "(4) subject to regulations promul- gated by the Administrator for Federal Procurement Policy pur- suant to the Office of Federal Procurement Policy Act, to prescribe standardized forms and procedures, except such as the Comptrol- ler General is authorized by law to prescribe, and standard pur- chase specifications.". (4) Section 602(c) of such Act (40 U.S.C. 474) is amended in the first sentence thereof by inserting "except as provided by the Office of Federal Procurement Policy Act, and" immediately after "herewith,". Approved August 30, 1974. Public Law 93-401 August 30, 1974 JOINT RESOLUTION [s. J. Res. 222] rp^ provide for the appointment of Doctor Murray Gell-Mann as citizen regent of the Board of Regents of the Smithsonian Institution Resolved hy the Senate and House of Representatives of the United Smithsonian States of America in Congress assembled, That the vacancy in the Institution. Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Crawford H . Greenewalt of Wilmington, Delaware, on May 30,1974, be filled by the appointment of Doctor Murray Gell- Mann of California for the statutory term of six years. Approved August 30, 1974.