US CODE COLLECTION
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US CODE COLLECTION
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AMENDMENTS
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104-106, div. D, title XLIV, Sec. 4401, Feb. 10, 1996, 110 Stat. 678, provided that: ''(a) Effective Date. - Except as otherwise provided in this division (div. D (Sec. 4001-4402) of Pub. L. 104-106, see Short Title of 1996 Amendment note below), this division and the amendments made by this division shall take effect on the date of the enactment of this Act (Feb. 10, 1996).
''(b) Applicability of Amendments. - ''(1) Solicitations, unsolicited proposals, and related contracts. - An amendment made by this division shall apply, in the manner prescribed in the final regulations promulgated pursuant to section 4402 (set out below) to implement such amendment, with respect to any solicitation that is issued, any unsolicited proposal that is received, and any contract entered into pursuant to such a solicitation or proposal, on or after the date described in paragraph (3). ''(2) Other matters. - An amendment made by this division shall also apply, to the extent and in the manner prescribed in the final regulations promulgated pursuant to section 4402 to implement such amendment, with respect to any matter related to - ''(A) a contract that is in effect on the date described in paragraph (3); ''(B) an offer under consideration on the date described in paragraph (3); or ''(C) any other proceeding or action that is ongoing on the date described in paragraph (3). ''(3) Demarcation date. - The date referred to in paragraphs (1) and (2) is the date specified in such final regulations. The date so specified shall be January 1, 1997, or any earlier date that is not within 30 days after the date on which such final regulations are published.'
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103-355, title X, Sec. 10001, Oct. 13, 1994, 108 Stat. 3404, provided that: ''(a) Effective Date. - Except as otherwise provided in this Act, this Act (see Short Title of 1994 Amendment note below) and the amendments made by this Act shall take effect on the date of the enactment of this Act (Oct. 13, 1994). ''(b) Applicability of Amendments. - (1) An amendment made by this Act shall apply, in the manner prescribed in the final regulations promulgated pursuant to section 10002 to implement such amendment (set out below), with respect to any solicitation that is issued, any unsolicited proposal that is received, and any contract entered into pursuant to such a solicitation or proposal, on or after the date described in paragraph (3). ''(2) An amendment made by this Act shall also apply, to the extent and in the manner prescribed in the final regulations promulgated pursuant to section 10002 to implement such amendment, with respect to any matter related to - ''(A) a contract that is in effect on the date described in paragraph (3); ''(B) an offer under consideration on the date described in paragraph (3); or ''(C) any other proceeding or action that is ongoing on the date described in paragraph (3). ''(3) The date referred to in paragraphs (1) and (2) is the date specified in such final regulations (Oct. 1, 1995, see 60 F.R. 48231, Sept. 18, 1995). The date so specified shall be October 1, 1995, or any earlier date that is not within 30 days after the date on which such final regulations are published. ''(c) Immediate Applicability of Certain Amendments. - Notwithstanding subsection (b), the amendments made by the following provisions of this Act apply on and after the date of the enactment of this Act (Oct. 13, 1994): sections 1001, 1021, 1031, 1051, 1071, 1092, 1201, 1506(a), 1507, 1554, 2002(a), 2191, 3062(a), 3063, 3064, 3065(a)(1), 3065(b), 3066, 3067, 6001(a), 7101, 7103, 7205, and 7206, the provisions of subtitles A, B, and C of title III (Sec. 3001-3025), and the provisions of title V (see Tables for classification).'
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98-369, div. B, title VII, Sec. 2751, July 18, 1984, 98 Stat. 1203, provided that: ''(a) Except as provided in subsection (b), the amendments made by this title (see Short Title of 1984 Amendments note below) shall apply with respect to any solicitation for bids or proposals issued after March 31, 1985. ''(b) The amendments made by section 2713 (amending section 759 of Title 40, Public Buildings, Property, and Works, and enacting provisions set out as a note under section 759 of Title 40) and subtitle D (enacting sections 3551 to 3556 of Title 31, Money and Finance) shall apply with respect to any protest filed after January 14, 1985.'
EFFECTIVE DATE
Section effective July 1, 1949, see section 605 of act June 30, 1949, set out as a note under section 471 of Title 40, Public Buildings, Property, and Works
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-106, div. D, Sec. 4001, Feb. 10, 1996, 110 Stat. 642, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VIII, Sec. 808(a)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-393, provided that: ''This division (div. D (Sec. 4001-4402) of Pub. L. 104-106, see Tables for classification) and division E (Sec. 5001-5703 of Pub. L. 104-106, see Tables for classification) may be cited as the 'Clinger-Cohen Act of 1996'.'
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-355, Sec. 1, Oct. 13, 1994, 108 Stat. 3243, provided that: ''This Act (see Tables for classification) may be cited as the 'Federal Acquisition Streamlining Act of 1994'.'
SHORT TITLE OF 1984 AMENDMENTS
Pub. L. 98-577, Sec. 1, Oct. 30, 1984, 98 Stat. 3066, provided that this Act (enacting sections 253c to 253h, 414a, 418a, and 418b of this title, repealing section 2303a of Title 10, Armed Forces, amending sections 253, 253b, 259, 403, and 416 of this title, sections 2302, 2304, 2311, and 2320 of Title 10, and sections 637 and 644 of Title 15, Commerce and Trade, and enacting provisions set out as notes under this section, section 416 of this title, and sections 637 and 644 of Title 15) may be cited as the ''Small Business and Federal Procurement Competition Enhancement Act of 1984''.
Pub. L. 98-369, div. B, title VII, Sec. 2701, July 18, 1984, 98 Stat. 1175, provided that: ''This title (enacting sections 253a, 253b, 416 to 419 of this title and sections 3551 to 3556 of Title 31, Money and Finance, amending sections 252, 253, 254, 257, 258, 259, 260, 403, 405, and 414 of this title, sections 2301 to 2306, 2310, 2311, 2313, and 2356 of Title 10, Armed Forces, and section 759 of Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section, sections 253, 403, and 407 of this title, section 2304 of Title 10, and section 759 of Title 40) may be cited as the 'Competition in Contracting Act of 1984'.'
REGULATIONS
Pub. L. 104-106, div. D, title XLIV, Sec. 4402, Feb. 10, 1996, 110 Stat. 678, provided that: ''(a) Proposed Revisions. - Proposed revisions to the Federal Acquisition Regulation and such other proposed regulations (or revisions to existing regulations) as may be necessary to implement this Act (see Tables for classification) shall be published in the Federal Register not later than 210 days after the date of the enactment of this Act (Feb. 10, 1996). ''(b) Public Comment. - The proposed regulations described in subsection (a) shall be made available for public comment for a period of not less than 60 days. ''(c) Final Regulations. - Final regulations shall be published in the Federal Register not later than 330 days after the date of enactment of this Act (Feb. 10, 1996). ''(d) Modifications. - Final regulations promulgated pursuant to this section to implement an amendment made by this Act may provide for modification of an existing contract without consideration upon the request of the contractor.
''(e) Savings Provisions. - ''(1) Validity of prior actions. - Nothing in this division (div. D (Sec. 4001-4402) of Pub. L. 104-106, see Short Title of 1996 Amendment note above) shall be construed to affect the validity of any action taken or any contract entered into before the date specified in the regulations pursuant to section 4401(b)(3) (set out as an Effective Date of 1996 Amendment note above) except to the extent and in the manner prescribed in such regulations. ''(2) Renegotiation and modification of preexisting contracts. - Except as specifically provided in this division, nothing in this division shall be construed to require the renegotiation or modification of contracts in existence on the date of the enactment of this Act (Feb. 10, 1996). ''(3) Continued applicability of preexisting law. - Except as otherwise provided in this division, a law amended by this division shall continue to be applied according to the provisions thereof as such law was in effect on the day before the date of the enactment of this Act until - ''(A) the date specified in final regulations implementing the amendment of that law (as promulgated pursuant to this section); or ''(B) if no such date is specified in regulations, January 1, 1997.''
Pub. L. 103-355, title X, Sec. 10002, Oct. 13, 1994, 108 Stat. 3404, provided that: ''(a) Proposed Revisions. - Proposed revisions to the Federal Acquisition Regulation and such other proposed regulations (or revisions to existing regulations) as may be necessary to implement this Act (see Short Title of 1994 Amendment note above) shall be published in the Federal Register not later than 210 days after the date of the enactment of this Act (Oct. 13, 1994). ''(b) Public Comment. - The proposed regulations described in subsection (a) shall be made available for public comment for a period of not less than 60 days. ''(c) Final Regulations. - Final regulations shall be published in the Federal Register not later than 330 days after the date of enactment of this Act. ''(d) Modifications. - Final regulations promulgated pursuant to this section to implement an amendment made by this Act may provide for modification of an existing contract without consideration upon the request of the contractor. ''(e) Requirement for Clarity. - Officers and employees of the Federal Government who prescribe regulations to implement this Act and the amendments made by this Act shall make every effort practicable to ensure that the regulations are concise and are easily understandable by potential offerors as well as by Government officials. ''(f) Savings Provisions. -
Nothing in this Act shall be construed to affect the validity of any action taken or any contract entered into before the date specified in the regulations pursuant to section 10001(b)(3) (see Effective Date of 1994 Amendment note above) except to the extent and in the manner prescribed in such regulations. '
Except as specifically provided in this Act, nothing in this Act shall be construed to require the renegotiation or modification of contracts in existence on the date of the enactment of this Act (Oct. 13, 1994). ''(3) Except as otherwise provided in this Act, a law amended by this Act shall continue to be applied according to the provisions thereof as such law was in effect on the day before the date of the enactment of this Act until - ''(A) the date specified in final regulations implementing the amendment of that law (as promulgated pursuant to this section); or ''(B) if no such date is specified in regulations, October 1, 1995.'
EVALUATION BY COMPTROLLER GENERAL
Pub. L. 103-355, title X, Sec. 10003, Oct. 13, 1994, 108 Stat. 3405, provided that: ''(a) Evaluation Relating to Issuance of Regulations. - Not later than 180 days after the issuance in final form of revisions to the Federal Acquisition Regulation pursuant to section 10002 (set out above), the Comptroller General shall submit to Congress a report evaluating compliance with such section. ''(b) Evaluation of Implementation of Regulations. - Not later than 18 months after issuance in final form of revisions to the Federal Acquisition Regulation pursuant to section 10002, the Comptroller General shall submit to the committees referred to in subsection (c) a report evaluating the effectiveness of the regulations implementing this Act (see Short Title of 1994 Amendment note above) in streamlining the acquisition system and fulfilling the other purposes of this Act. ''(c) Committees Designated To Receive the Reports. - The Comptroller General shall submit the reports required by this section to - ''(1) the Committees on Governmental Affairs, on Armed Services, and on Small Business of the Senate; and ''(2) the Committees on Government Operations (now Committee on Government Reform), on Armed Services, and on Small Business of the House of Representatives.'
CONGRESSIONAL STATEMENT OF PURPOSE
Pub. L. 98-577, title I, Sec. 101, Oct. 30, 1984, 98 Stat. 3066, provided that: ''The purposes of this Act are to - ''(1) eliminate procurement procedures and practices that unnecessarily inhibit full and open competition for contracts; ''(2) promote the use of contracting opportunities as a means to expand the industrial base of the United States in order to ensure adequate responsive capability of the economy to the increased demands of the Government in times of national emergency; and ''(3) foster opportunities for the increased participation in the competitive procurement process of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.'
COMMISSION ON GOVERNMENT PROCUREMENT
Pub. L. 91-129, Nov. 26, 1969, 83 Stat. 269, as amended by Pub. L. 92-47, July 9, 1971, 85 Stat. 102, established the Commission on Government Procurement, which was to study and investigate statutes, rules, regulations, procedures, and practices affecting Government procurement and to submit a final report to Congress on or before Dec. 31, 1972, on the results of this study, including recommendations for changes designed to promote economy, efficiency, and effectiveness in the procurement of goods, services, and facilities by and for the executive branch of the Government. The Commission terminated 120 days after submission of the final report
EX. ORD. NO. 13005. EMPOWERMENT CONTRACTING
In order to promote economy and efficiency in Federal procurement, it is necessary to secure broad-based competition for Federal contracts. This broad competition is best achieved where there is an expansive pool of potential contractors capable of producing quality goods and services at competitive prices. A great and largely untapped opportunity for expanding the pool of such contractors can be found in this Nation's economically distressed communities.
Fostering growth of Federal contractors in economically distressed communities and ensuring that those contractors become viable businesses for the long term will promote economy and efficiency in Federal procurement and help to empower those communities. Fostering growth of long-term viable contractors will be promoted by offering appropriate incentives to qualified businesses.
Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States, including section 486(a) of title 40, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. The purpose of this order is to strengthen the economy and to improve the efficiency of the Federal procurement system by encouraging business development that expands the industrial base and increases competition.
Sec. 2. Empowerment Contracting Program. In consultation with the Secretaries of the Departments of Housing and Urban Development, Labor, and Defense; the Administrator of General Services; the Administrator of the National Aeronautics and Space Administration; the Administrator of the Small Business Administration; and the Administrator for Federal Procurement Policy, the Secretary of the Department of Commerce shall develop policies and procedures to ensure that agencies, to the extent permitted by law, grant qualified large businesses and qualified small businesses appropriate incentives to encourage business activity in areas of general economic distress, including a price or an evaluation credit, when assessing offers for government contracts in unrestricted competitions, where the incentives would promote the policy set forth in this order. In developing such policies and procedures, the Secretary shall consider the size of the qualified businesses. Sec. 3. Monitoring and Evaluation. The Secretary shall:
monitor the implementation and operation of the policies and procedures developed in accordance with this order;
develop a process to ensure the proper administration of the program and to reduce the potential for fraud by the intended beneficiaries of the program;
develop principles and a process to evaluate the effectiveness of the policies and procedures developed in accordance with this order; and
by December 1 of each year, issue a report to the President on the status and effectiveness of the program.
issue rules, regulations, and guidelines necessary to implement this order, including a requirement for the periodic review of the eligibility of qualified businesses and distressed areas;
draft all rules, regulations, and guidelines necessary to implement this order within 90 days of the date of this order; and
ensure that all policies and procedures and all rules, regulations, and guidelines adopted and implemented in accordance with this order minimize the administrative burden on affected agencies and the procurement process. Sec. 5. Definitions. For purposes of this Executive order:
''Agency'' means any authority of the United States that is an ''agency'' under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10).
''Area of general economic distress'' shall be defined, for all urban and rural communities, as any census tract that has a poverty rate of at least 20 percent or any designated Federal Empowerment Zone, Supplemental Empowerment Zone, Enhanced Enterprise Community, or Enterprise Community. In addition, the Secretary may designate as an area of general economic distress any additional rural or Indian reservation area after considering the following factors:
Unemployment rate;
Degree of poverty;
Extent of outmigration; and
Rate of business formation and rate of business growth.
''Qualified large business'' means a large for-profit or not-for-profit trade or business that
employs a significant number of residents from the area of general economic distress; and
either has a significant physical presence in the area of general economic distress or has a direct impact on generating significant economic activity in the area of general economic distress.
''Qualified small business'' means a small for-profit or not-for-profit trade or business that
employs a significant number of residents from the area of general economic distress;
has a significant physical presence in the area of general economic distress; or
has a direct impact on generating significant economic activity in the area of general economic distress.
''Secretary'' means the Secretary of Commerce.
Sec. 6. Agency Authority. Nothing in this Executive order shall be construed as displacing the agencies' authority or responsibilities, as authorized by law, including specifically other programs designed to promote the development of small or disadvantaged businesses.
DEFINITIONS
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