2 federal level procurement takes place through the

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2. Federal level procurement takes place through the various executive agencies' decentralized procurement systems, consisting of procurement administrations, offices, and councils. The Office of Management and Budget (OMB) oversees and coordinates federal procurement, as well as its financial management, information, and regulatory policies. 212 The OMB recommends and monitors 206 Online information available at: http://w3.access.gpo.gov/usbudget/fy2004/sheets/b20.xls. 207 WTO document GPA/40/Add.4, 30 January 2002. 208 Federal Procurement Data System, Federal Procurement Report [online]. Available at: http://www.fpdc. gov/fpdc/FPR2002a.pdf. 209 Four agencies comprise almost 85% of the total: the Department of Defense, the Department of Energy, the General Services Administration, and the National Aeronautics and Space Administration. 210 Small Disadvantaged Business Participation Program, Federal Acquisition Regulation, FAC-2001- 14 23 June 2003, Subpart 19.12. 211 WTO document GPA/W/23, 17 July 1996. 212 Information on the OMB is available online at: http://www.whitehouse.gov/omb/.
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WT/TPR/S/126 Trade Policy Review Page 83 programmes and funding levels for programmes, including procurement. Through the Office of Federal Procurement Policy (OFPP), the OMB develops and issues procurement policy guidance, if necessary, and reviews proposed regulations for compliance with policy guidance. 213 There are also two acquisition regulatory councils: the Defense Acquisition Regulations Council and the Civilian Agency Acquisition Council. 3. The Federal Acquisition Regulation (FAR), in force since 1984, regulates all federal executive agencies' acquisitions of supplies and services with appropriated funds. Agency-specific procurement regulations supplement the FAR. The FAR system allows individual executive agencies and their sub- agencies to develop specific internal guidelines that they are authorized to use. Part 25 of the FAR covers all issues regarding Government's foreign acquisitions, and provides policies and procedures for acquiring foreign supplies, services, and construction materials. 4. Several changes to the FAR have been introduced since mid 2001. 214 Some include aspects of implementation of electronic procurement. 215 Several of the amendments are related to the implementation of preferential access conditions granted to small businesses 216 ; some are intended to simplify and clarify procedures, while others propose changes in the bidding process and thresholds. 217 5. The procurement processes is guided in detail by the FAR. The FAR requires federal government agencies to publish notices of proposed procurement opportunities in excess of US$25,000 in the Federal Business Opportunities (FedBizOpps) website, which replaced the Commerce Business Daily (CBD); there are certain exceptions, such as, if perishable subsistence supplies are being purchased or when the publication of a notice could result in serious injury to the Government.
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