Page:United States Statutes at Large Volume 124.djvu/3711

 124 STAT. 3685 PUBLIC LAW 111–350—JAN. 4, 2011 (2) PROCEDURES TO ENSURE COMPLIANCE.—The Administrator shall establish procedures to ensure compliance with the Fed- eral Acquisition Regulation by all executive agencies. (3) APPLICATION OF OTHER LAWS.—The authority of an execu- tive 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 func- tions 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 AGEN- CIES.—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 regula- tion of any executive agency relating to procurement if the Adminis- trator determines that the rule or regulation is inconsistent with any policies, regulations, or procedures issued pursuant to sub- section (b). (f) LIMITATION ON AUTHORITY.—The authority of the Adminis- trator 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 procure- ment contracts. § 1122. Functions (a) IN GENERAL.—The functions of the Administrator include— (1) providing leadership and ensuring action by the executive agencies in establishing, developing, and maintaining the single system of simplified Government-wide procurement regulations and resolving differences among the executive agencies in devel- oping simplified Government-wide procurement regulations, procedures, and forms; (2) coordinating the development of Government-wide procurement system standards that executive agencies shall implement in their procurement systems; (3) providing leadership and coordination in formulating the executive branch position on legislation relating to procure- ment; (4)(A) providing for and directing the activities of the com- puter-based Federal Procurement Data System (including rec- ommending to the Administrator of General Services a suffi- cient budget for those activities), which shall be located in