Page:United States Statutes at Large Volume 124.djvu/3769

 124 STAT. 3743 PUBLIC LAW 111–350—JAN. 4, 2011 pursuant to section 1901 of this title apply in executive agencies as provided in section 1901. (c) EXCEPTIONS.— (1) IN GENERAL.—This division does not apply— (A) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or (B) except as provided in paragraph (2), when this divi- sion is made inapplicable pursuant to law. (2) APPLICABILITY OF CERTAIN LAWS RELATED TO ADVERTISING, OPENING OF BIDS, AND LENGTH OF CONTRACT.—Sections 6101, 6103, and 6304 of this title do not apply to the procurement of property or services made by an executive agency pursuant to this division. However, when this division is made inappli- cable by any law, sections 6101 and 6103 of this title apply in the absence of authority conferred by statute to procure without advertising or without regard to section 6101 of this title. A law that authorizes an executive agency (other than an executive agency exempted from this division by this sub- section) to procure property or services without advertising or without regard to section 6101 of this title is deemed to authorize the procurement pursuant to the provisions of this division relating to procedures other than sealed-bid procedures. § 3102. Delegation and assignment of powers, functions, and responsibilities (a) IN GENERAL.—Except to the extent expressly prohibited by another law, the head of an executive agency may delegate to another officer or official of that agency any power under this division. (b) PROCUREMENTS FOR OR WITH ANOTHER AGENCY.—Subject to subsection (a), to facilitate the procurement of property and services covered by this division by an executive agency for another executive agency, and to facilitate joint procurement by executive agencies— (1) the head of an executive agency may delegate functions and assign responsibilities relating to procurement to any officer or employee within the agency; (2) the heads of 2 or more executive agencies, consistent with section 1535 of title 31 and regulations prescribed under section 1074 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 31 U.S.C. 1535 note), may by agree- ment delegate procurement functions and assign procurement responsibilities from one executive agency to another of those executive agencies or to an officer or civilian employee of another of those executive agencies; and (3) the heads of 2 or more executive agencies may establish joint or combined offices to exercise procurement functions and responsibilities. § 3103. Acquisition programs (a) CONGRESSIONAL POLICY.—It is the policy of Congress that the head of each executive agency should achieve, on average, 90 percent of the cost, performance, and schedule goals established for major acquisition programs of the agency. (b) ESTABLISHMENT OF GOALS.—