United States Code

USC most recently checked for updates: Feb 01, 2023

§ 1121.
General authority
(a)
Overall Direction and Leadership.—
The Administrator shall provide overall direction of procurement policy and leadership in the development of procurement systems of the executive agencies.
(b)
Federal Acquisition Regulation.—
To the extent that the Administrator considers appropriate in carrying out the policies and functions set forth in this division, and with due regard for applicable laws and the program activities of the executive agencies, the Administrator may prescribe Government-wide procurement policies. The policies shall be implemented in a single Government-wide procurement regulation called the Federal Acquisition Regulation.
(c)
Policies To Be Followed by Executive Agencies.—
(1)
Areas of procurement for which policies are to be followed.—
The policies implemented in the Federal Acquisition Regulation shall be followed by executive agencies 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.
(2)
Procedures to ensure compliance.—
The Administrator shall establish procedures to ensure compliance with the Federal Acquisition Regulation by all executive agencies.
(3)
Application of other laws.—
The authority of an executive agency under another law to prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in this section and sections 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title.
(d)
When Certain Agencies Are Unable To Agree or Fail To Act.—
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 regulations, procedures, and forms necessary to implement prescribed policy the Administrator initiates under subsection (b), the Administrator, 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 division, shall prescribe Government-wide regulations, procedures, and forms which executive agencies shall follow in procuring items listed in subsection (c)(1).
(e)
Oversight of Procurement Regulations of Other Agencies.—
The Administrator, with the concurrence of the Director of the Office of Management and Budget, and with consultation with the head of the agency 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 the rule or regulation is inconsistent with any policies, regulations, or procedures issued pursuant to subsection (b).
(f)
Limitation on Authority.—
The authority of the Administrator under this division 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 for the property, services, or construction; or
(2)
interfere with the determination by executive agencies of specific actions in the award or administration of procurement contracts.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3684.)
cite as: 41 USC 1121