Authority to conduct pilot program

40 U.S.C. § 11501

• Title: 40 — Public Buildings, Property, and Works
• Chapter: SUBCHAPTER I—CONDUCT OF PILOT PROGRAM

Text

(a) In General.—
(1) Purpose.—In consultation with the Administrator for the Office of Information and Regulatory Affairs, the Administrator for Federal Procurement Policy may conduct a pilot program pursuant to the requirements of section 11521 of this title 1 to test alternative approaches for the acquisition of information technology by executive agencies.
(2) Multiagency, multi-activity conduct of each program.—Except as otherwise provided in this chapter, the pilot program conducted under this chapter shall be carried out in not more than two procuring activities in each of the executive agencies that are designated by the Administrator for Federal Procurement Policy in accordance with this chapter to carry out the pilot program. With the approval of the Administrator for Federal Procurement Policy, the head of each designated executive agency shall select the procuring activities of the executive agency that are to participate in the test and shall designate a procurement testing official who shall be responsible for the conduct and evaluation of the pilot program within the executive agency.
(b) Limitation on Amount.—The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000. The Administrator for Federal Procurement Policy shall monitor those contracts and ensure that contracts are not entered into in violation of this subsection.
(c) Period of Programs.—
(1) In general.—Subject to paragraph (2), the pilot program may be carried out under this chapter for the period, not in excess of five years, the Administrator for Federal Procurement Policy determines is sufficient to establish reliable results.
(2) Continuing validity of contracts.—A contract entered into under the pilot program before the expiration of that program remains in effect according to the terms of the contract after the expiration of the program.

History

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1245; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(A), Dec. 2, 2002, 116 Stat. 2615; Pub. L. 107–347, title II, §210(h)(2)(A), Dec. 17, 2002, 116 Stat. 2938.)

Editorial Notes

Editorial Notes

References in Text
Section 11521 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 107–347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938. Section 210(h)(3)(A) of Pub. L. 107–347 directed the redesignation of section 11522 of this title as section 11521 of this title, but it could not be executed because of the repeal of section 11522 by Pub. L. 107–314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615.

Amendments
2002—Pub. L. 107–314, §825(b)(2)(A)(i), and Pub. L. 107–347, §210(h)(2)(A)(i), amended section catchline identically, substituting "program" for "programs".
Subsec. (a)(1). Pub. L. 107–314, §825(b)(2)(A)(ii), and Pub. L. 107–347, §210(h)(2)(A)(ii), amended par. (1) identically, substituting "conduct a pilot program pursuant to the requirements of section 11521 of this title" for "conduct pilot programs".
Subsec. (a)(2). Pub. L. 107–314, §825(b)(2)(A)(iii), and Pub. L. 107–347, §210(h)(2)(A)(iii), amended par. (2) identically, substituting "the pilot program conducted" for "each pilot program conducted".
Subsec. (b). Pub. L. 107–347, §210(h)(2)(A)(iv), which directed amendment of subsec. (b) by substituting the heading "Limitation on Amount" and text "The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000." for the heading "Limitations" and all that followed through "$750,000,000.", was executed by making the substitution for "Limitation on Amount" in the heading and "The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $750,000,000." in text to reflect the probable intent of Congress and the amendment by Pub. L. 107–314, §825(b)(2)(A)(iv)(I). See below.
Pub. L. 107–314, §825(b)(2)(A)(iv)(II), substituted "subsection." for "paragraph."
Pub. L. 107–314, §825(b)(2)(A)(iv)(I), substituted "Limitation on Amount.—The total amount obligated for contracts entered into under the pilot program conducted" for "Limitations.—
"(1) Number.—Not more than two pilot programs may be conducted under this chapter, including one pilot program each pursuant to the requirements of sections 11521 and 11522 of this title.
"(2) Amount.—The total amount obligated for contracts entered into under the pilot programs conducted".
Subsec. (c)(1). Pub. L. 107–314, §825(b)(2)(A)(v), and Pub. L. 107–347, §210(h)(2)(A)(v), amended par. (1) identically, substituting "the pilot" for "a pilot".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.