SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY COUNCIL
§1301. Definition
In this subchapter, the term "Council" means the Federal Acquisition Regulatory Council established under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1301 | 41:403(17). |
§1302. Establishment and membership
(a)
(b)
(1)
(A) the Administrator;
(B) the Secretary of Defense;
(C) the Administrator of National Aeronautics and Space; and
(D) the Administrator of General Services.
(2)
(A)
(i) the official assigned by statute with the responsibility for acquisition policy in each of their respective agencies or, in the case of the Secretary of Defense, an official at an organizational level not lower than an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition and Sustainment; or
(ii) if no official of that agency is assigned by statute with the responsibility for acquisition policy for that agency, the official designated pursuant to
(B)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1302(a) | 41:421(a). | |
| 1302(b) | 41:421(b). |
In subsection (a), the words "(hereinafter in this section referred to as the 'Council')" are omitted as unnecessary.
In subsection (b)(2)(A)(i), the words "Under Secretary of Defense for Acquisition, Technology, and Logistics" are substituted for "Under Secretary of Defense for Acquisition and Technology" because of section 911(a)(1) of the National Defense Authorization Act for Fiscal Year 2000 (
In subsection (b)(2)(A)(ii), the cross-reference to section 16(3) of the Office of Federal Procurement Policy Act (41:414(3)) is treated as a cross-reference to section 16(c) of the Act to reflect the amendment of section 16 by section 1421(a)(1) of the National Defense Authorization Act for Fiscal Year 2004 (
Editorial Notes
Amendments
2019—Subsec. (b)(2)(A)(i).
Statutory Notes and Related Subsidiaries
Status of Director of Defense Procurement
§1303. Functions and authority
(a)
(1)
(2)
(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)
(4)
(A)
(B)
(5)
(6)
(b)
(1)
(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
(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)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1303(a) | 41:421(c). | |
| 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 (
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
Editorial Notes
References in Text
The National Aeronautics and Space Act of 1958, referred to in subsec. (a)(1), is
Amendments
2021—Subsec. (a)(1).
1 See References in Text note below.
§1304. Contract clauses and certifications
(a)
(1) clearly define what types of contract clauses are to be treated as nonstandard clauses; and
(2) require prior approval for the use of a nonstandard clause on a repetitive basis by an official at a level of responsibility above the contracting officer.
(b)
(1)
(2)
(A) the certification requirement is specifically imposed by statute; or
(B) written justification for the certification requirement is provided to the Administrator by the Council and the Administrator approves in writing the inclusion of the certification requirement.
(3)
(A)
(B)
(i) the certification requirement is specifically imposed by statute; or
(ii) written justification for the certification requirement is provided to the head of the executive agency by the senior procurement executive of the agency and the head of the executive agency approves in writing the inclusion of the certification requirement.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1304(a) | 41:425(a). | |
| 1304(b)(1) | 41:425(b). | |
| 1304(b)(2), (3) | 41:425(c). |
Statutory Notes and Related Subsidiaries
Current Certification Requirements
"(A) Not later than 210 days after the date of the enactment of this Act [Feb. 10, 1996], the Administrator for Federal Procurement Policy shall issue for public comment a proposal to amend the Federal Acquisition Regulation to remove from the Federal Acquisition Regulation certification requirements for contractors and offerors that are not specifically imposed by statute. The Administrator may omit such a certification requirement from the proposal only if—
"(i) the Federal Acquisition Regulatory Council provides the Administrator with a written justification for the requirement and a determination that there is no less burdensome means for administering and enforcing the particular regulation that contains the certification requirement; and
"(ii) the Administrator approves in writing the retention of the certification requirement.
"(B)(i) Not later than 210 days after the date of the enactment of this Act, the head of each executive agency that has agency procurement regulations containing one or more certification requirements for contractors and offerors that are not specifically imposed by statute shall issue for public comment a proposal to amend the regulations to remove the certification requirements. The head of the executive agency may omit such a certification requirement from the proposal only if—
"(I) the senior procurement executive for the executive agency provides the head of the executive agency with a written justification for the requirement and a determination that there is no less burdensome means for administering and enforcing the particular regulation that contains the certification requirement; and
"(II) the head of the executive agency approves in writing the retention of such certification requirement.
"(ii) For purposes of clause (i), the term 'head of the executive agency' with respect to a military department means the Secretary of Defense."
Executive Documents
Addressing Tax Delinquency by Government Contractors
Memorandum of President of the United States, Jan. 20, 2010, 75 F.R. 3979, provided:
Memorandum for the Heads of Executive Departments and Agencies
The Federal Government pays more than half a trillion dollars a year to contractors and has an important obligation to protect American taxpayer money and the integrity of the Federal acquisition process. Yet reports by the Government Accountability Office (GAO) state that Federal contracts are awarded to tens of thousands of companies with serious tax delinquencies. The total amount in unpaid taxes owed by these contracting companies is estimated to be more than $5 billion.
Too often, Federal contracting officials do not have the most basic information they need to make informed judgments about whether a company trying to win a Federal contract is delinquent in paying its taxes. We need to give our contracting officials the tools they need to protect taxpayer dollars.
Accordingly, I hereby direct the Commissioner of Internal Revenue (Commissioner) to direct a review of certifications of non-delinquency in taxes that companies bidding for Federal contracts are required to submit pursuant to a 2008 amendment to the Federal Acquisition Regulation. I further direct that the Commissioner report to me within 90 days on the overall accuracy of contractors' certifications.
I also direct the Director of the Office of Management and Budget, working with the Secretary of the Treasury and other agency heads, to evaluate practices of contracting officers and debarring officials in response to contractors' certifications of serious tax delinquencies and to provide me, within 90 days, recommendations on process improvements to ensure these contractors are not awarded new contracts, including a plan to make contractor certifications available in a Government-wide database, as is already being done with other information on contractors.
Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.