(As amended Pub. L. 104-106, div. D, title XLII, § 4204, Feb. 10, 1996, 110 Stat. 655; Pub. L. 106-65, div. A, title VIII, §805, Oct. 5, 1999, 113 Stat. 705.) REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93-400, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables.

AMENDMENTS

1999 Par. (12)(E). Pub. L. 106-65 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in subparagraph (A), (B), (C), or (D) and if the source of such services

"(i) offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and

"(ii) offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public."

1996 Par. (12)(F). Pub. L. 104-106 inserted "or market" after "catalog".

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L. 104-106. see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57. 58, 252a, 254b, 259, 264a. 418a, 431, 701 of this title; title 7 section 5909; title 10 sections 2207, 2302, 2302a, 2306a, 2376, 2384, 2393, 2402, 2408, 2410, 2410b. 2410g. 2410i. 2482; title 15 sections 205c, 632, 637, 657a; title 20 section 1018a; title 22 section 2679c; title 33 section 1368; title 40 sections 334, 1401; title 49 section 40118.

$404. Establishment of Office of Federal Procurement Policy; appointment of Administrator (a) There is in the Office of Management and Budget an Office of Federal Procurement Policy (hereinafter referred to as the "Office") to provide overall direction of Government-wide procurement policies, regulations, procedures, and forms for executive agencies and to promote economy, efficiency, and effectiveness in the procurement of property and services by the executive branch of the Federal Government.

[See main edition for text of (b)]

(As amended Pub. L. 104-106, div. D, title XLIII, § 4305(a)(1), Feb. 10, 1996, 110 Stat. 665.)

AMENDMENTS

1996 Subsec. (a). Pub. L. 104-106 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "There is established in the Office of Management and Budget an office to be known as the Office of Federal Procurement Policy (hereinafter referred to as the 'Office')."

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title.

§ 405. Authority and functions of the Adminis

trator

[See main edition for text of (a)]

(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—

[See main edition for text of (1) to (3); (c)] (d) Enumeration of included functions The functions of the Administrator shall include

[See main edition for text of (1) to (4)]

(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 Governmentwide 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.

(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 Governmentwide 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.

[See main edition for text of (g)]

(h) Automatic data processing and telecommunications equipment; 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 [41 U.S.C. 251 et seq.] with respect to the procurement of real property; or

[See main edition for text of (2); (i) and (j)] (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. (As amended Pub. L. 104-106, div. D, title XLIII, §§ 4307(b), 4321(h)(1), (2), 4322(a)(1), div. E, title LVI, § 5607(d), Feb. 10, 1996, 110 Stat. 668, 675, 677, 702; Pub. L. 104-201, div. A, title X, §1074(f)(1), Sept. 23, 1996, 110 Stat. 2661; Pub. L. 105-85, div. A, title VIII, §851(b), title X, §1073(g)(2)(B), Nov. 18, 1997, 111 Stat. 1851, 1906; Pub. L. 105-135, title VI, §604(f)(1), Dec. 2, 1997, 111 Stat. 2634.)

AMENDMENTS

1997-Subsec. (d)(5)(J). Pub. L. 105-85, §1073(g)(2)(B)(i), substituted semicolon for period at end.

Subsec. (d)(6). Pub. L. 105-85, §1073(g)(2)(B)(ii). realigned margins.

Subsec. (d)(11). Pub. L. 105-135. § 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. § 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, §1073(g)(2)(B)(iii), substituted "small businesses" for "small business" after "individuals. and".

Subsec. (k). Pub. L. 105-85. §851(b). inserted "regarding major acquisitions that is" after "implementing the policy".

1996 Subsec. (b). Pub. L. 104-106. § 4322(a)(1), struck out second comma after "subsection (a) of this section".

Subsec. (d)(5)(A). Pub. L. 104-106. §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. § 4307(b)(2)(B)(i), substituted acquisition by the" for "procurement by the".

Subsec. (d)(5)(C) to (J). Pub. L. 104-106. § 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. § 4307(b)(3), added par. (6). Former par. (6) redesignated (7).

Subsec. (d)(7) to (10). Pub. L. 104-106. § 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. § 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. §4307(b)(1), redesignated par. (10) as (11). Former par. (11) redesignated (12).

Subsec. (d)(12). Pub. L. 104-106. § 4307(b)(1). redesignated par. (11) as (12). Former par. (12) redesignated (13).

Subsec. (d)(13). Pub. L. 104-106. § 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. § 4307(b)(1). See below.

Pub. L. 104-106, § 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, § 5607(d), struck out "of automatic data processing and telecommunications equipment and services or" after "with respect to the procurement".

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, set out as an Effective Date note under section 1401 of Title 40, Public Buildings, Property, and Works.

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(0) of the Small Business Act (15 U.S.C. 632(0)) (as added by section 412 of this subtitle)."

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.

$407. Repealed. Pub. L. 104-106, div. D, title XLIII, § 4305(b), Feb. 10, 1996, 110 Stat. 665 Section, Pub. L. 93-400, §8, Aug. 30, 1974, 88 Stat. 798; Pub. L. 96-83, §5, Oct. 10, 1979, 93 Stat. 651; Pub. L. 98-191, §8(a), Dec. 1, 1983, 97 Stat. 1331, related to responsiveness to Congress.

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. $409. Repealed. Pub. L. 104-106, div. D, title

XLIII, § 4305(c)(1), Feb. 10, 1996, 110 Stat. 665 Section, Pub. L. 93-400, §10, Aug. 30, 1974, 88 Stat. 799; Pub. L. 96-83, §6. Oct. 10, 1979, 93 Stat. 651; Pub. L. 98-191, §8(b), Dec. 1, 1983, 97 Stat. 1331, related to continuation in effect of procurement policies, regulations, procedures, and forms in effect on Dec. 1, 1983.

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. § 410. Authorization of appropriations

There is authorized to be appropriated for the Office of Federal Procurement Policy each fiscal

year such sums as may be necessary for carrying out the responsibilities of that office for such fiscal year.

(As amended Pub. L. 104-106, div. D, title XLIII, § 4305(c)(2), Feb. 10, 1996, 110 Stat. 665.)

AMENDMENTS

1996-Pub. L. 104-106 amended section generally. Prior to amendment, section read as follows: "There are authorized to be appropriated to carry out the provisions of this chapter, and for no other purpose, $4,500,000 for the fiscal year ending September 30, 1984, and such sums as may be necessary for each succeeding fiscal year."

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title.

§ 413. Tests of innovative procurement methods and procedures

(a) The Administrator may develop innovative procurement methods and procedures to be tested by selected executive agencies. In developing any program to test innovative procurement methods and procedures under this subsection, the Administrator shall consult with the heads of executive agencies to

[See main edition for text of (1) to (6)]

A program to test innovative procurement methods and procedures may not be carried out unless approved by the heads of the executive agencies selected to carry out such program.

[See main edition for text of (b)]

(As amended Pub. L. 104-201, div. A, title X, §1074(f)(2), Sept. 23, 1996, 110 Stat. 2661.)

AMENDMENTS

1996 Subsec. (a). Pub. L. 104-201 struck out after first sentence "The innovative procurement methods and procedures tested under this subsection shall be consistent with the policies set forth in section 401 of this title."

CHANGE OF NAME

Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6. 1999.

TEST PROGRAM FOR EXECUTIVE AGENCIES

Pub. L. 103-355, title V, §5061, Oct. 13, 1994, 108 Stat. 3352, as amended by Pub. L. 104-106, div. D, title XLIII, § 4302(a), Feb. 10, 1996, 110 Stat. 658; Pub. L. 105-85, div. A, title VIII, §850(f)(1), Nov. 18, 1997, 111 Stat. 1849, provided that:

[See main edition for text of (a) and (b)] "(c) TEST REQUIREMENTS AND LIMITATIONS.-[See main edition for text of (1) to (3)]

"(4) The program of tests conducted under subsection (a) shall include, either as a test or as part of a test, the use of the electronic commerce capability required by section 30 of the Office of Federal Procurement Policy Act [41 U.S.C. 426] for procurement actions in

amounts greater than the simplified acquisition threshold.

[See main edition for text of (d)]

"(e) PROCEDURES AUTHORIZED.-Tests conducted under this section may include any of the following procedures:

[See main edition for text of (1) to (8)]

"(9) A process in which

"(A) the competitive process is initiated by publication in the Commerce Business Daily of a notice that

[See main edition for text of (i) and (ii), (B) and (C); (f) to (i)]

"(j) COMMENCEMENT AND EXPIRATION OF AUTHORITY.— The authority to conduct a test under subsection (a) in an agency and to award contracts under such a test shall take effect on January 1, 1997, and shall expire on January 1, 2001. A contract entered into before such authority expires in an agency pursuant to a test shall remain in effect, in accordance with the terms of the contract, the notwithstanding of expiration the authority to conduct the test under this section.

[See main edition for text of (k)]

§ 414. Executive agency responsibilities

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 252c, 253, 418, 421 of this title; title 10 sections 133, 2302c, 2304, 2435; title 15 section 637; title 49 section 40110; title 50 section 2402.

§ 416. Procurement notice

(a) Covered executive agency activities; publication of notice; time limitations

(1) Except as provided in subsection (c) of this section

[See main edition for text of (A)]

(B) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000, shall post, for a period of not less than ten days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (b) of this section; and

[See main edition for text of (C), (2) to (5)] (6) The Administrator shall prescribe regulations defining limited circumstances in which flexible deadlines can be used under paragraph (3) for the issuance of solicitations and the submission of bids or proposals for the procurement of commercial items.

(b) Contents of notice

Each notice of solicitation required by subparagraph (A) or (B) of subsection (a)(1) shall include

[See main edition for text of (1) to (4)]

(5) in the case of a procurement using procedures other than competitive procedures, a statement of the reason justifying the use of such procedures and the identity of the intended source; and

(6) in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the simplified acquisition thresh

old, or a contract for the procurement of commercial items using special simplified procedures

[See main edition for text of (A) and (B)] (c) Exempted, etc., activities of executive agency (1) A notice is not required under subsection (a)(1) of this section if

(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by—

(i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and

(ii) permitting the public to respond to the solicitation electronically;

(B) the notice would disclose the executive agency's needs and the disclosure of such needs would compromise the national security;

(C) the proposed procurement would result from acceptance of—

(i) any unsolicited proposal that demonstrates a unique and innovative research concept and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal; or

(ii) a proposal submitted under section 638 of title 15;

(D) the procurement is made against an order placed under a requirements contract, a task order contract, or a delivery order contract;

(E) the procurement is made for perishable subsistence supplies;

(F) the procurement is for utility services, other than telecommunication services, and only one source is available; or

(G) the procurement is for the services of an expert for use in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or in any part of an alternative dispute resolution process, whether or not the expert is expected to testify.

[See main edition for text of (2) and (3); (d)] (As amended Pub. L. 104-106, div. D, title XLI, §4101(c), title XLII, §4202(d), title XLIII, §§ 4310, 4321(h)(3), Feb. 10, 1996, 110 Stat. 642, 654, 670, 675; Pub. L. 105-85, div. A, title VIII, § 850(e)(2), Nov. 18, 1997, 111 Stat. 1849; Pub. L. 105-261, div. A, title X, § 1069(d)(1), Oct. 17, 1998, 112 Stat. 2136.) AMENDMENTS

1998 Subsec. (c)(1)(A)(ii). Pub. L. 105-261 substituted a semicolon for period at end.

1997-Subsec. (c)(1). Pub. L. 105-85 added subpar. (A), redesignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpars. (A) and (B) which read as follows:

"(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is

to be made through a system with interim FACNET capability certified pursuant to section 426a(a)(1) of this title or with full FACNET capability certified pursuant to section 426a(a)(2) of this title;

"(B)(i) the proposed procurement is for an amount not greater than $250,000 and is to be made through a system with full FACNET capability certified pursuant to section 426a(a)(2) of this title; and

"(ii) a certification has been made pursuant to section 426a(b) of this title that Government-wide FACNET capability has been implemented;".

1996 Subsec. (a)(1)(B). Pub. L. 104-106, § 4101(c)(B), inserted "for a price expected to exceed $10,000, but not to exceed $25,000," after "property or services".

Pub. L. 104-106, §4101(c)(A), substituted "subsection (b) of this section; and" for "subsection (f) of this section-" and struck out cls. (i) and (ii) which read as follows:

"(i) in the case of an executive agency other than the Department of Defense, if the contract is for a price expected to exceed $10,000, but not to exceed $25,000; and

"(ii) in the case of the Department of Defense, if the contract is for a price expected to exceed $5,000, but not to exceed $25,000; and".

Subsec. (a)(6). Pub. L. 104-106, § 4202(d)(1)(A), inserted "issuance of solicitations and the" after "paragraph (3) for the".

Subsec. (b)(5). Pub. L. 104-106, § 4321(h)(3), inserted "and" after "source;".

Subsec. (b)(6). Pub. L. 104-106, § 4202(d)(1)(B), substituted "threshold, or a contract for the procurement of commercial items using special simplified procedures-" for "threshold-".

66

Subsec. (c)(1)(E). Pub. L. 104-106, § 4310, inserted" a task order contract, or a delivery order contract" after "requirements contract".

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces. EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title.

IMPLEMENTATION OF AMENDMENT BY PUB. L. 105-85 Amendment by Pub. L. 105-85 to be implemented in a manner consistent with any applicable international agreements, see section 850(e)(3) of Pub. L. 105-85, set out as a note under section 637 of Title 15, Commerce and Trade.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 253, 2531, 253j, 427 of this title; title 10 sections 2304, 2304b, 2304c; title 20 section 1018a.

§ 417. Record requirements

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 427 of this title.

$417a. Procurement data (a) Reporting

Each Federal agency shall report to the Office of Federal Procurement Policy the number of qualified HUBZone small business concerns, the number of small businesses owned and controlled by women, and the number of small business concerns owned and controlled by socially and economically disadvantaged businesses, by gender, that are first time recipients of contracts from such agency. The Office of Federal

Procurement Policy shall take such actions as may be appropriate to ascertain for each fiscal year the number of such small businesses that have newly entered the Federal market. (b) Definitions

For purposes of this section the terms "small business concern owned and controlled by women" and "small business concerns owned and controlled by socially and economically disadvantaged individuals” shall be given the same meaning as those terms are given under section 637(d) of title 15 and section 204 of this Act, and the term "qualified HUBZone small business concern" has the meaning given that term in section 632(p) of title 15..1

(As amended Pub. L. 105-135, title VI, § 604(f)(2), Dec. 2, 1997, 111 Stat. 2634.)

AMENDMENTS

1997-Subsec. (a). Pub. L. 105-135, §604(f)(2)(A), inserted "the number of qualified HUBZone small business concerns," after "report to the Office of Federal Procurement Policy" and a comma after "controlled by women".

Subsec. (b). Pub. L. 105-135, §604(f)(2)(B), inserted ", and the term 'qualified HUBZone small business concern' has the meaning given that term in section 632(p) of title 15." before period at end.

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.

§ 418b. Publication of proposed regulations

[See main edition for text]

(As amended Pub. L. 104-106, div. D, title XLIII, § 4321(a)(9), Feb. 10, 1996, 110 Stat. 671.)

AMENDMENTS

1996-Subsec. (d)(3). Pub. L. 104-106 made technical correction to directory language of Pub. L. 103-355. § 5092(b). See 1994 Amendment note below.

1994 Subsec. (d). Pub. L. 103-355, § 5092(b), as amended by Pub. L. 104-106, designated second sentence of subsec. (d)(2) as subsec. (d)(3).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 4321(a) of Pub. L. 104-106 provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in Pub. L. 103-355 as enacted. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 8153; title 42 section 7256a; title 50 App. section 2159.

§ 421. Federal Acquisition Regulatory Council [See main edition for text of (a)]

(b) Membership

[See main edition for text of (1)]

(2) Notwithstanding section 205(d) of the Federal Property and Administrative Services Act of 1949 [40 U.S.C. 486(d)], the officials specified in subparagraphs (A), (B), and (C) of paragraph (1) may designate to serve on and attend meetings of the Council in place of that official (A) the official assigned by statute with the responsibility

1 So in original.