-CITE- 41 USC CHAPTER 4 - PROCUREMENT PROCEDURES 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES -HEAD- CHAPTER 4 - PROCUREMENT PROCEDURES -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 201 to 205. Transferred. SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION 211 to 219. Transferred. SUBCHAPTER III - PROPERTY MANAGEMENT 231 to 240. Transferred. SUBCHAPTER IV - PROCUREMENT PROVISIONS 251. Declaration of purpose of this subchapter. 252. Purchases and contracts for property. (a) Applicability of subchapter; delegation of authority. (b) Small business concerns; share of business. (c) Authorization of erection, repair, or furnishing of public buildings or improvements; contracts for construction or repair of buildings, roads, sidewalks, sewers, mains, etc.; Federal Highway Lands Program. 252a. Simplified acquisition threshold. (a) Simplified acquisition threshold. (b) Inapplicable laws. 252b. Implementation of simplified acquisition procedures. 252c. Implementation of electronic commerce capability. (a) Implementation of electronic commerce capability. (b) Designation of agency official. 253. Competition requirements. (a) Procurement through full and open competition; competitive procedures. (b) Exclusion of particular source; restriction of solicitation to small business concerns. (c) Use of noncompetitive procedures. (d) Property or services deemed available from only one source; nondelegable authority. (e) Offer requests to potential sources. (f) Justification for use of noncompetitive procedures. (g) Simplified procedures for small purchases. (h) Efficient implementation of requirement. (i) Merit-based award of contracts. 253a. Planning and solicitation requirements. (a) Preparation; planning; specifications in solicitation. (b) Contents of solicitation. (c) Evaluation factors. (d) Additional information in solicitation. (e) Evaluation of purchase options. 253b. Evaluation and award. (a) Basis. (b) Rejection of bids or proposals. (c) Opening of bids; promptness of award; written notice. (d) Discussions with offerors; written notification. (e) Post-award debriefings. (f) Preaward debriefings. (g) Summary of debriefing. (h) Alternative dispute resolution. (i) Antitrust violations. (j) Planning for future competition. (k) Protest file. (l) Agency actions on protests. (m) Prohibition on release of contractor proposals. 253c. Encouragement of new competition. (a) "Qualification requirement" defined. (b) Agency head; functions; prior to enforcement of qualification requirement. (c) Applicability; waiver authority; referral of offers. (d) Number; qualified sources or products; fewer than two actual manufacturers; functions of agency head. (e) Examination; need for qualification requirement. (f) Enforcement determination by agency head. 253d. Validation of proprietary data restrictions. (a) Contracts; delivery of technical services; contents. (b) Review; challenge; notice. (c) Written request; additional time; schedule of responses. (d) Decision; validity of asserted restriction; failure to submit response. (e) Claim; considered claim within Contract Disputes Act of 1978. (f) Challenge; use of technical data; sustained; liability of United States for costs and fees. 253e. Repealed. 253f. Economic order quantities. (a) Procurement of supplies; costs advantageous to United States. (b) Opinions; economic advantage to United States. 253g. Prohibition of contractors limiting subcontractor sales directly to United States. (a) Contract restrictions. (b) Rights under law. (c) Inapplicability to certain contracts. (d) Inapplicability when Government treated similarly to other purchasers. 253h. Task and delivery order contracts: general authority. (a) Authority to award. (b) Solicitation. (c) Applicability of restriction on use of noncompetitive procedures. (d) Single and multiple contract awards. (e) Contract modifications. (f) Inapplicability to contracts for advisory and assistance services. (g) Relationship to other contracting authority. 253i. Task order contracts: advisory and assistance services. (a) Authority to award. (b) Limitation on contract period. (c) Content of notice. (d) Required content of solicitation and contract. (e) Multiple awards. (f) Contract modifications. (g) Contract extensions. (h) Inapplicability to certain contracts. (i) "Advisory and assistance services" defined. 253j. Task and delivery order contracts: orders. (a) Issuance of orders. (b) Multiple award contracts. (c) Statement of work. (d) Protests. (e) Task and delivery order ombudsman. (f) Applicability. 253k. Task and delivery order contracts: definitions. 253l. Severable services contracts for periods crossing fiscal years. (a) Authority. (b) Obligation of funds. 253l-1. Contract authority of Comptroller General. 253l-2. Contract authority of Library of Congress. 253l-3. Contract authority of Chief Administrative Officer of the House of Representatives. 253l-4. Contract authority of Congressional Budget Office. 253l-5. Contract authority of Secretary and Sergeant at Arms and Doorkeeper of the Senate. 253l-6. Contract authority of Capitol Police. (a) In general. (b) Effective date. 253l-7. Contract authority of Architect of the Capitol. (a) In general. (b) Effective date. 253l-8. Contract authority of Secretary of Smithsonian Institution. (a) In general. (b) Effective date. 253m. Design-build selection procedures. (a) Authorization. (b) Criteria for use. (c) Procedures described. (d) Solicitation to state number of offerors to be selected for phase-two requests for competitive proposals. (e) Requirement for guidance and regulations. 254. Contract requirements. (a) Contracts awarded using procedures other than sealed-bid procedures. (b) Barred contracts; fee limitation; determination of use; advance notification. 254a. Cost-type research and development contracts with educational institutions. 254b. Cost or pricing data: truth in negotiations. (a) Required cost or pricing data and certification. (b) Exceptions. (c) Cost or pricing data on below-threshold contracts. (d) Submission of other information. (e) Price reductions for defective cost or pricing data. (f) Interest and penalties for certain overpayments. (g) Right of United States to examine contractor records. (h) Definitions. 254c. Multiyear contracts. (a) Authority. (b) Termination clause. (c) Cancellation ceiling notice. (d) Multiyear contract defined. (e) Rule of construction. 254d. Examination of records of contractor. (a) Agency authority. (b) Subpoena power. (c) Comptroller General authority. (d) Limitation on audits relating to indirect costs. (e) Limitation. (f) Inapplicability to certain contracts. (g) Form of original record storage. (h) Use of images of original records. (i) "Records" defined. 255. Contract financing. (a) Payment authority. (b) Performance-based payments. (c) Payment amount. (d) Security for advance payments. (e) Conditions for progress payments. (f) Conditions for payments for commercial items. (g) Action in case of fraud. 256. Allowable costs. (a) Indirect cost that violates FAR cost principle. (b) Penalty for violation of cost principle. (c) Waiver of penalty. (d) Applicability of contract disputes procedure to disallowance of cost and assessment of penalty. (e) Specific costs not allowable. (f) Required regulations. (g) Applicability of regulations to subcontractors. (h) Contractor certification required. (i) Penalties for submission of cost known as not allowable. (j) Contractor to have burden of proof. (k) Proceeding costs not allowable. (l) "Covered contract" defined. (m) Other definitions. 256a. Waiver of liquidated damages. 257. Administrative determinations. (a) Conclusiveness; delegation of powers. (b) Basis of determinations; finding conclusive; preservation of findings; copy. 258. Repealed. 259. Definitions. 260. Laws not applicable to contracts. 261. Assignment and delegation of procurement functions and responsibilities. (a) In general. (b) Procurements for or with other agencies. 262. Determinations and decisions. (a) Individual or class determinations and decisions authorized. (b) Written findings required. 263. Performance based management: acquisition programs. (a) Congressional policy. (b) Establishment of goals. (c) Identification of noncompliant programs. 264. Relationship of commercial item provisions to other provisions of law. (a) Applicability of subchapter. (b) List of laws inapplicable to contracts for acquisition of commercial items. 264a. Definitions relating to procurement of commercial items. 264b. Preference for acquisition of commercial items. (a) Preference. (b) Implementation. (c) Preliminary market research. 265. Contractor employees: protection from reprisal for disclosure of certain information. (a) Prohibition of reprisals. (b) Investigation of complaints. (c) Remedy and enforcement authority. (d) Construction. (e) Definitions. 266. Merit-based award of grants for research and development. (a) Policy. (b) Rule of construction. (c) New grant defined. (d) Inapplicability to certain grants. 266a. Share-in-savings contracts. (a) Authority to enter into share-in-savings contracts. (b) Cancellation and termination. (c) Definitions. (d) Termination. SUBCHAPTER V - FOREIGN EXCESS PROPERTY 271 to 274. Transferred. SUBCHAPTER VI - FEDERAL RECORD MANAGEMENT 281 to 291. Transferred. -End- -CITE- 41 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 41 USC Secs. 201 to 205 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Secs. 201 to 205. Transferred -COD- CODIFICATION Section 201, act June 30, 1949, ch. 288, Sec. 2, 63 Stat. 378, which related to Congressional declaration of policy, was transferred to section 471 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as section 101 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107- 217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 202, acts June 30, 1949, ch. 288, Sec. 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, Secs. 7(a), 8(a), 64 Stat. 590, 591, which related to definitions, was transferred to section 472 of former Title 40, and was repealed and reenacted as section 102 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 203, act June 30, 1949, ch. 288, title VI, Sec. 601, formerly title V, Sec. 501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583, which related to applicability of existing provisions, was transferred to section 473 of former Title 40, and was repealed and reenacted as section 112 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 204, act June 30, 1949, ch. 288, title VI, Sec. 602(c)- (e), formerly title V, Sec. 502(c), (d), 63 Stat. 401; renumbered and amended (including amendment to add subsec. (e)), Sept. 5, 1950, ch. 849, Secs. 6(a), (b), 7(e), (f), 8(c), 64 Stat. 583, 590, which related to exemptions for Congress, departments, agencies, corporations, and persons, was transferred to section 474 of former Title 40, and was repealed and reenacted as section 113 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 205, act June 30, 1949, ch. 288, title VI, Sec. 603, formerly title V, Sec. 503, 63 Stat. 403; renumbered and amended Sept. 5, 1950, ch. 849, Secs. 6(a), (b), 7(g), 64 Stat. 583, 590, which related to authorization of appropriations and fund transfer authority, was transferred to section 475 of former Title 40, and was repealed and reenacted as sections 124 and 125 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 41 USC SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION -HEAD- SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION -End- -CITE- 41 USC Secs. 211 to 219 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION -HEAD- Secs. 211 to 219. Transferred -COD- CODIFICATION Section 211, act June 30, 1949, ch. 288, title I, Sec. 101, 63 Stat. 379, which related to General Services Administration, was transferred to section 630 of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 751 of former Title 40, Public Buildings, Property, and Works, and repealed and reenacted as sections 121(c)(1), 301, and 302 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 212, act June 30, 1949, ch. 288, title I, Sec. 102, 63 Stat. 380, which related to transfer of functions, was transferred to section 630a of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 752 of former Title 40, and repealed and reenacted as section 303(a) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 213, act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, which related to transfer of affairs of Federal Works Agency, was transferred to section 630b of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 753 of former Title 40, and repealed and reenacted as section 303(b) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 214, act June 30, 1949, ch. 288, title I, Sec. 104, 63 Stat. 381, which related to records management, was transferred to section 391 of former Title 44, Public Printing and Documents. See sections 1506, 2102, 2301, 2501, and 2902 of Title 44, Public Printing and Documents. Section 215, act June 30, 1949, ch. 288, title I, Sec. 105, 63 Stat. 381, which related to transfer and liquidation of War Assets Administration, was transferred to section 630c of former Title 5, Executive Departments and Government Officers and Employees, and was subsequently repealed by section 8(a) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632. Section 216, act June 30, 1949, ch. 288, title I, Sec. 106, 63 Stat. 381, which related to redistribution of Administrator's functions, was transferred to section 630d of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 754 of former Title 40, Public Buildings, Property, and Works, and repealed and reenacted as section 121(e)(1)(C), (2)(A) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 217, act June 30, 1949, ch. 288, title I, Sec. 107, 63 Stat. 382, which related to transfer of funds, was transferred to section 630e of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 755 of former Title 40, and repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 218, act June 30, 1949, ch. 288, title I, Sec. 108, 63 Stat. 382, which related to status of transferred employees, was transferred to section 630f of former Title 5, Executive Departments and Government Officers and Employees, and was subsequently repealed by section 8(a) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632. Section 219, acts June 30, 1949, ch. 288, title I, Sec. 109, 63 Stat 382; Sept. 5, 1950, ch. 849, Secs. 1, 2(a), (b), 3, 64 Stat. 578, which related to the General Supply Fund, was transferred to section 630g of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 756 of former Title 40, Public Buildings, Property, and Works, and repealed and reenacted as sections 313 and 321(a)-(d), (f)(1), (g) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 41 USC SUBCHAPTER III - PROPERTY MANAGEMENT 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER III - PROPERTY MANAGEMENT -HEAD- SUBCHAPTER III - PROPERTY MANAGEMENT -End- -CITE- 41 USC Secs. 231 to 240 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER III - PROPERTY MANAGEMENT -HEAD- Secs. 231 to 240. Transferred -COD- CODIFICATION Section 231, acts June 30, 1949, ch. 288, title II, Sec. 201, 63 Stat. 383; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591; Sept. 5, 1950, ch. 849, Sec. 8(b), 64 Stat. 591, which related to procurement, warehousing, and related activities, was transferred to section 481 of former Title 40, Public Building, Property, and Works, and was repealed and reenacted as sections 501 to 505 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107- 217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 231a, act Oct. 26, 1949, ch. 737, 63 Stat. 920, which related to clarification of status of Architect of the Capitol under this chapter, was transferred to section 482 of former Title 40, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 232, acts June 30, 1949, ch. 288, title II, Sec. 202, 63 Stat. 384; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591, which related to property utilization, was transferred to section 483 of former Title 40, and was repealed and reenacted as sections 521 to 527 and 529 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 233, acts June 30, 1949, ch. 288, title II, Sec. 203, 63 Stat. 385; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591; Sept. 5, 1950, ch. 849, Sec. 4, 64 Stat. 579, which related to disposal or surplus property, was transferred to section 484 of former Title 40, and was repealed and reenacted as sections 541 to 555 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 234, act June 30, 1949, ch. 288, title I, Sec. 204, 63 Stat. 388, which related to proceeds from transfer, sale, etc., of property, was transferred to section 485 of former Title 40, and was repealed and reenacted as sections 571(a), 572 to 574 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 235, acts June 30, 1949, ch. 288, title II, Sec. 205, 63 Stat. 389; Sept. 5, 1950, ch. 849, Sec. 9, 64 Stat. 591, which related to policies, regulations, and delegations, was transferred to section 486 of former Title 40, and was repealed and reenacted as section 121(a), (b), (c)(2), (d)(1), (2), (e)(1)(A), (B), (D)- (F), (2)(B), (f)-(h) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 236, acts June 30, 1949, ch. 288, title II, Sec. 206, 63 Stat. 390; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591, which related to surveys of government property and property management practices, was transferred to section 487 of former Title 40, and was repealed and reenacted as section 506 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 237, act June 30, 1949, ch. 288, title II, Sec. 207, 63 Stat. 391, which related to applicability of antitrust laws to property disposal, was transferred to section 488 of former Title 40, and was repealed and reenacted as section 559 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 238, acts June 30, 1949, ch. 288, title II, Sec. 208, 63 Stat. 391; Sept. 5, 1950, ch. 849, Sec. 7(b), (c), 64 Stat. 590, which related to appointment and compensation of personnel, was transferred to section 630h of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 758 of former Title 40, and repealed and reenacted as section 311(a)-(c) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 239, act June 30, 1949, ch. 288, title II, Sec. 209, 63 Stat. 392, which related to civil remedies and penalties, was transferred to section 489 of former Title 40, and was repealed and reenacted as section 123 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 239a, act June 30, 1949, ch. 288, title II, Sec. 210, as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580, which related to operation of buildings and related activities by the Administrator, was transferred to section 490 of former Title 40, and was repealed and reenacted as sections 581 to 585(a)(1), (2) (1st sentence, last sentence (words before "and the obligation")), (b), 586(a)-(c), 587(a)-(b)(4)(A), (c), 588, 589, 592(a)-(c)(1), (d), (e) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 239b, act June 30, 1949, ch. 288, title II, Sec. 211, as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580, which related to motor vehicle identification, was transferred to section 491 of former Title 40, and was repealed and reenacted as sections 601 to 611 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 240, act June 30, 1949, ch. 288, title II, Sec. 212, formerly Sec. 210, 63 Stat. 393; renumbered Sept. 5, 1950, ch. 849, Sec. 5(a), 64 Stat. 580, which related to reports to Congress, was transferred to section 492 of former Title 40, and was repealed and reenacted as section 126 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 41 USC SUBCHAPTER IV - PROCUREMENT PROVISIONS 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- SUBCHAPTER IV - PROCUREMENT PROVISIONS -End- -CITE- 41 USC Sec. 251 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 251. Declaration of purpose of this subchapter -STATUTE- The purpose of this subchapter is to facilitate the procurement of property and services. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 301, 63 Stat. 393; July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594.) -MISC1- AMENDMENTS 1952 - Act July 12, 1952, substituted "property" for "supplies". 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 (Secs. 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 [Secs. 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 former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as a note under section 759 of former 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, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. 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 (Secs. 4001-4402) of Pub. L. 104-106, see Tables for classification] and division E [Secs. 5001- 5703 of Pub. L. 104-106, repealed and reenacted, generally, as subtitle III (Sec. 11101 et seq.) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, see Tables for complete 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 former 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 former Title 40] may be cited as the 'Competition in Contracting Act of 1984'." SHORT TITLE Act June 30, 1949, ch. 288, Sec. 1(a), 63 Stat. 377, as amended by Pub. L. 103-355, title X, Sec. 10005(a)(2), Oct. 13, 1994, 108 Stat. 3406; Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108-178, Sec. 2(b)(1), Dec. 15, 2003, 117 Stat. 2640, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Property and Administrative Services Act of 1949'." [Pub. L. 107-217, Sec. 6(b), which had repealed section 1(a) of act June 30, 1949, set out above, was itself repealed effective Aug. 21, 2002, by Pub. L. 108-178, Sec. 2(b)(1), insofar as it related to section 1(a) of act June 30, 1949, and Pub. L. 108-178, Sec. 2(b)(1), further provided that section 1(a) of act June 30, 1949, was revived to read as if Pub. L. 107-217, Sec. 6(b), had not been enacted.] 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 (Secs. 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. - (1) 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. "(2) 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." SEPARABILITY Section 604, formerly Sec. 504, of act June 30, 1949, renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583, provided that: "If any provision of this Act [see Tables for classification], or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby." EVALUATION BY COMPTROLLER GENERAL Pub. L. 103-355, title X, Sec. 10003, Oct. 13, 1994, 108 Stat. 3405, provided that not later than 180 days after the issuance in final form of revisions to the Federal Acquisition Regulation pursuant to section 10002 of Pub. L. 103-355, set out as a note above, the Comptroller General was to submit to Congress a report evaluating compliance with such section. 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. -EXEC- EX. ORD. NO. 13005. EMPOWERMENT CONTRACTING Ex. Ord. No. 13005, May 21, 1996, 61 F.R. 26069, provided: 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) [now 121(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: (a) monitor the implementation and operation of the policies and procedures developed in accordance with this order; (b) 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; (c) develop principles and a process to evaluate the effectiveness of the policies and procedures developed in accordance with this order; and (d) by December 1 of each year, issue a report to the President on the status and effectiveness of the program. Sec. 4. Implementation Guidelines. In implementing this order, the Secretary shall: (a) 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; (b) draft all rules, regulations, and guidelines necessary to implement this order within 90 days of the date of this order; and (c) 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: (a) "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). (b) "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: (1) Unemployment rate; (2) Degree of poverty; (3) Extent of outmigration; and (4) Rate of business formation and rate of business growth. (c) "Qualified large business" means a large for-profit or not- for-profit trade or business that (1) employs a significant number of residents from the area of general economic distress; and (2) 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. (d) "Qualified small business" means a small for-profit or not- for-profit trade or business that (1) employs a significant number of residents from the area of general economic distress; (2) has a significant physical presence in the area of general economic distress; or (3) has a direct impact on generating significant economic activity in the area of general economic distress. (e) "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. Sec. 7. Judicial Review. This Executive order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton. EX. ORD. NO. 13202. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS GOVERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL AND FEDERALLY FUNDED CONSTRUCTION PROJECTS Ex. Ord. No. 13202, Feb. 17, 2001, 66 F.R. 11225, as amended by Ex. Ord. No. 13208, Apr. 6, 2001, 66 F.R. 18717, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq. [now chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and in order to (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Government neutrality towards Government contractors' labor relations on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the taxpayers; (4) expand job opportunities, especially for small and disadvantaged businesses; and (5) prevent discrimination against Government contractors or their employees based upon labor affiliation or lack thereof; thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects, it is hereby ordered that: Section 1. To the extent permitted by law, any executive agency awarding any construction contract after the date of this order, or obligating funds pursuant to such a contract, shall ensure that neither the awarding Government authority nor any construction manager acting on behalf of the Government shall, in its bid specifications, project agreements, or other controlling documents: (a) Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or (b) Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s). (c) Nothing in this section shall prohibit contractors or subcontractors from voluntarily entering into agreements described in subsection (a). Sec. 2. Contracts awarded before the date of this order, and subcontracts awarded pursuant to such contracts, whenever awarded, shall not be governed by this order. Sec. 3. To the extent permitted by law, any executive agency issuing grants, providing financial assistance, or entering into cooperative agreements for construction projects, shall ensure that neither the bid specifications, project agreements, nor other controlling documents for construction contracts awarded after the date of this order by recipients of grants or financial assistance or by parties to cooperative agreements, nor those of any construction manager acting on their behalf, shall contain any of the requirements or prohibitions set forth in section 1(a) or (b) of this order. Sec. 4. In the event that an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of the foregoing, performs in a manner contrary to the provisions of sections 1 or 3 of this order, the executive agency awarding the contract, grant, or assistance shall take such action, consistent with law and regulation, as the agency determines may be appropriate. Sec. 5. (a) The head of an executive agency may exempt a particular project, contract, subcontract, grant, or cooperative agreement from the requirements of any or all of the provisions of sections 1 and 3 of this order, if the agency head finds that special circumstances require an exemption in order to avert an imminent threat to public health or safety or to serve the national security. (b) A finding of "special circumstances" under section 5(a) may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization. (c) The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of the foregoing, may exempt a particular project from the requirements of any or all of the provisions of sections 1 and 3 of this order, if the agency head finds: (i) that the awarding authority, recipient of grants or financial assistance, party to a cooperative agreement, or construction manager acting on behalf of the foregoing had issued or was a party to, as of the date of this order, bid specifications, project agreements, agreements with one or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions set forth in sections 1(a) or (b) of this order; and (ii) that one or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of this order. Sec. 6. (a) The term "construction contract" as used in this order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The term "executive agency" as used in this order shall have the same meaning it has in 5 U.S.C. 105, excluding the General Accounting Office [now Government Accountability Office]. (c) The term "labor organization" as used in this order shall have the same meaning it has in 42 U.S.C. 2000e(d). Sec. 7. With respect to Federal contracts, within 60 days of the issuance of this order, the Federal Acquisition Regulatory Council shall take whatever action is required to amend the Federal Acquisition Regulation in order to implement the provisions of this order. Sec. 8. As it relates to project agreements, Executive Order 12836 of February 1, 1993, which, among other things, revoked Executive Order 12818 of October 23, 1992, is revoked. Sec. 9. The Presidential Memorandum of June 5, 1997, entitled "Use of Project Labor Agreements for Federal Construction Projects" (the "Memorandum"), is also revoked. Sec. 10. The heads of executive departments and agencies shall revoke expeditiously any orders, rules, regulations, guidelines, or policies implementing or enforcing the Memorandum or Executive Order 12836 of February 1, 1993, as it relates to project agreements, to the extent consistent with law. Sec. 11. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. George W. Bush. -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -End- -CITE- 41 USC Sec. 252 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252. Purchases and contracts for property -STATUTE- (a) Applicability of subchapter; delegation of authority Executive agencies shall make purchases and contracts for property and services in accordance with the provisions of this subchapter and implementing regulations of the Administrator; but this subchapter does not apply - (1) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or (2) when this subchapter is made inapplicable pursuant to section 113(e) of title 40 or any other law, but when this subchapter is made inapplicable by any such provision of law, sections 5 and 8 of this title shall be applicable in the absence of authority conferred by statute to procure without advertising or without regard to said section 5 of this title. (b) Small business concerns; share of business It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for property and services for the Government shall be placed with small business concerns. (c) Authorization of erection, repair, or furnishing of public buildings or improvements; contracts for construction or repair of buildings, roads, sidewalks, sewers, mains, etc.; Federal Highway Lands Program (1) This subchapter does not (A) authorize the erection, repair, or furnishing of any public building or public improvement, but such authorization shall be required in the same manner as heretofore, or (B) permit any contract for the construction or repair of buildings, roads, sidewalks, sewers, mains, or similar items using procedures other than sealed-bid procedures under section 253(a)(2)(A) of this title, if the conditions set forth in section 253(a)(2)(A) of this title apply or the contract is to be performed outside the United States. (2) Section 253(a)(2)(A) of this title does not require the use of sealed-bid procedures in cases in which section 204(e) of title 23 applies. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302, 63 Stat. 393; July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594; Pub. L. 85-800, Secs. 1- 3, Aug. 28, 1958, 72 Stat. 966; Pub. L. 89-343, Secs. 1, 2, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 89-348, Sec. 1(2), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 90-268, Sec. 4, Mar. 16, 1968, 82 Stat. 50; Pub. L. 93-356, Sec. 3, July 25, 1974, 88 Stat. 390; Pub. L. 98- 191, Sec. 9(a)(1), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 98-369, div. B, title VII, Sec. 2714(a)(1), July 18, 1984, 98 Stat. 1184.) -COD- CODIFICATION "Section 113(e) of title 40" substituted in subsec. (a)(2) for "section 602(d) of this Act", meaning section 602(d) of the Federal Property and Administrative Services Act of 1949, on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -MISC1- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-369, Sec. 2714(a)(1)(A), struck out provisions that whenever it was proposed to make a contract or purchase in excess of $10,000 by negotiation and without advertising, pursuant to the authority of subsec. (c)(7) of this section, suitable advance publicity, as determined by the agency head with due regard to the type of property involved and other relevant considerations, had to be given for a period of at least fifteen days, wherever practicable, as determined by the agency head. Subsec. (c)(1). Pub. L. 98-369, Sec. 2714(a)(1)(B), redesignated subsec. (e) as (c)(1), substituted reference to this subchapter for reference to this section in provisions preceding subpar. (A), in subpar. (B), substituted provisions relating to contracts using procedures other than sealed-bid procedures under section 253(a)(2)(A) of this title for provisions relating to contracts negotiated without advertising as required by section 253 of this title. Former subsec. (c), which related to conditions for negotiated purchases and contracts for property, was struck out. Subsec. (c)(2). Pub. L. 98-369, Sec. 2714(a)(1)(B), added par. (2). Subsec. (d). Pub. L. 98-369, Sec. 2714(a)(1)(B), struck out subsec. (d) which related to bids in violation of the antitrust laws. Subsec. (e). Pub. L. 98-369, Sec. 2714(a)(1)(B), redesignated subsec. (e) as (c)(1). Subsec. (f). Pub. L. 98-369, Sec. 2714(a)(1)(B), struck out subsec. (f) which related to specification of container size in contracts for the carriage of Government property in other than Government-owned cargo containers. 1983 - Subsec. (c)(3). Pub. L. 98-191 substituted "$25,000" for "$10,000". 1974 - Subsec. (c)(3). Pub. L. 93-356 substituted "$10,000" for "$2,500". 1968 - Subsec. (f). Pub. L. 90-268 added subsec. (f). 1965 - Subsec. (a). Pub. L. 89-343, Sec. 1, substituted provisions requiring executive agencies to make purchases and contracts for property and services in accordance with the provisions of this subchapter and implementing regulations of the Administrator, exempting the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration from the application of this subchapter, and making this subchapter inapplicable when it is so made by law, for provisions which made this subchapter applicable to purchases and contracts for property or services made by the General Services Administration for the use of such agency or otherwise, or by any other executive agency (except the departments and activities specified in section 2303(a) of Title 10) in conformity with authority to apply such provisions delegated by the Administrator in his discretion. Subsec. (c)(11). Pub. L. 89-348 struck out proviso which required a semiannual report to be furnished to the Congress setting forth the name of each contractor with whom a contract has been entered into pursuant to this paragraph, the amount of the contract, and, with due consideration given to the national security, a description of the work required to be performed thereunder. Subsec. (c)(15). Pub. L. 89-343, Sec. 2, inserted "except that section 254 of this title shall apply to purchases and contracts made without advertising under this paragraph". 1958 - Subsec. (a). Pub. L. 85-800, Sec. 1, among other changes, substituted "or" for "and" in par. (1), substituted provisions excepting application of subchapter to departments and activities in section 2303(a) of title 10 for provisions which excepted agencies named in section 151(a) of this title, substituted provisions applying subchapter to agencies in conformity with authority delegated by Administrator in his discretion for provisions which applied chapter in conformity with authority delegated him pursuant to this subsection, and eliminated provisions authorizing Administrator to delegate authority for use of two or more agencies, and other cases where delegation is advantageous to Government in par. (2). Subsec. (c). Pub. L. 85-800, Sec. 2, substituted in par. (3) "$2,500" for "$1,000", struck out proviso barring agencies other than General Services Administration from making purchases in excess of $500 except under authority to procure for two or more agencies, added par. (9), and renumbered former pars. (9) to (14) as pars. (10) to (15). Subsec. (e). Pub. L. 85-800, Sec. 3, substituted "(10) to (12), or (14)" for "(9) to (11), or (13)". 1952 - Subsecs. (a) to (c). Act July 12, 1952, substituted "property" for "supplies" wherever appearing. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of this title. EFFECTIVE DATE Section effective July 1, 1949, see section 605, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- EMERGENCY RELIEF FOR SMALL BUSINESS CONCERNS WITH GOVERNMENT CONTRACTS Pub. L. 94-190, Dec. 31, 1975, 89 Stat. 1095, provided: "SHORT TITLE "Section 1. This Act may be cited as the 'Small Business Emergency Relief Act'. "POLICY "Sec. 2. It is the policy of Congress to provide relief to small business concerns which have fixed-price Government contracts in cases where such concerns have suffered or can be expected to suffer serious financial loss because of significant and unavoidable difficulties during performance because of the energy crisis or rapid and unexpected escalations of contract costs. "DEFINITIONS "Sec. 3. As used in this Act - "(1) the term 'executive agency' means an executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1) respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act [section 9101(3) of Title 31, Money and Finance]; and "(2) the term 'small business concern' means any concern which falls under the size limitations of the 'Small Business Administrator's Definitions of Small Business for Government Procurement'. "AUTHORITY "Sec. 4. (a) Pursuant to an application by a small business concern, the head of any executive agency may terminate for the convenience of the Government any fixed-price contract between that agency and such small business concern, upon a finding that - "(1) during the performance of the contract, the concern has suffered or can be expected to suffer serious financial loss due to significant unanticipated cost increases directly affecting the cost of contract compliance; and "(2) the conditions which have caused or are causing such cost increases were, or are being, experienced generally by other small business concerns in the market at the same time and are not caused by negligence, underbidding, or other special management factors peculiar to that small business concern. "(b) Upon application under subsection (a) by a small business concern to terminate a fixed-price contract between an executive agency and such small business concern, the head of the executive agency may modify the terms of the contract in lieu of termination for the convenience of the Government only if he finds after review of the application that - "(1)(a) the agency would reprocure the supplies or services in the event that the contract was terminated for the convenience of the Government; and "(b) the cost of terminating the contract for the convenience of the Government plus the cost of reprocurement would exceed the amount of the contract as modified; and "(2) Any such modification shall be made in compliance with cost comparison and compensation guidelines to be issued by the Administrator of the Office of Federal Procurement Policy. Such cost comparison and compensation guidelines shall be promulgated by the Administrator not later than 10 days after enactment of this Act [Dec. 31, 1975]. "(c) If a small business concern in performance of a fixed-price Government contract experiences or has experienced shortages of energy, petroleum products, or products or components manufactured or derived therefrom or impacted thereby, and such shortages result in a delay in the performance of a contract, the head of the agency, or his designee, shall provide by modification to the contract for an appropriate extension of the contract delivery date or period of performance. "(d) A small business concern requesting relief under subsection (a) shall support that request with the following documentation and certification: "(1) a brief description of the contract, indicating the date of execution and of any amendment thereto, the items being procured, the price and delivery schedule, and any revision thereof, and any other special contractual provision as may be relevant to the request; "(2) a history of performance indicating when work under the contract or commitment was begun, the progress made as of the date of the application, an exact statement of the contractor's remaining obligations, and the contractor's expectations regarding completion thereof; "(3) a statement of the factors which have caused the loss under the contract; "(4) a statement as to the course of events anticipated if the request is denied; "(5) a statement of payments received, payments due and payments yet to be received or to become due, including advance and progress payments, and amounts withheld by the Government, and information as to other obligations of the Government, if any, which are yet to be performed under the contract; "(6) a statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances and profit; "(7) a statement and evidence of the contractor's present estimate of total costs under the contract if enabled to complete, broken down between costs accrued to date of request, and runout costs, and as between costs for which the contractor has made payment and those for which he is indebted at the time of the request; "(8) a statement and evidence of the contractor's estimate of the final price of the contract, giving effect to all escalation, changes, extras, and other comparable factors known or contemplated by the contractor; "(9) a statement of any claims known or contemplated by the contractor against the Government involving the contract in question, other than those referred to under (8) above; "(10) an estimate of the contractor's total profit or loss under the contract if required to complete at the original contract price; "(11) an estimate of the total profits from other Government business, and all other sources, during the period from the date of the first contract involved to the latest estimated date of completion of any other contracts involved; "(12) balance sheets, certified by a certified public accountant, as of the end of the contractor's fiscal year first preceding the date of the first contract, as of the end of each subsequent fiscal year, and as of the date of the request together with income statements for annual periods subsequent to the date of the first balance sheet; and "(13) a list of all salaries, bonuses, and all other forms of compensation of the principal officers or partners and of all dividends and other withdrawals, and all payments to stockholders in any form since the date of the first contract involved. "DELEGATION "Sec. 5. The head of each executive agency shall delegate authority conferred by this Act, to the extent practicable, to an appropriate level that will permit the expeditious processing of applications under this Act and to insure the uniformity of its application. "LIMITATIONS "Sec. 6. (a) The authority prescribed in section 4(a) shall apply only to contracts which have not been completely performed or otherwise terminated and which were entered into during the period from August 15, 1971, through October 31, 1974. "(b) The authority conferred by section 4(a) of this Act shall terminate September 30, 1976." NON-APPLICABILITY OF NATIONAL EMERGENCIES ACT The provisions of the National Emergencies Act (Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255) not applicable to the powers and authorities conferred by this section and actions taken hereunder, see section 1651 of Title 50, War and National Defense. -EXEC- EXECUTIVE ORDER NO. 10936 Ex. Ord. No. 10936, Apr. 24, 1961, 26 F.R. 3555, which provided for the reporting and investigation of identical bids in connection with the procurement of goods or services, was revoked by Ex. Ord. No. 12430, July 6, 1983, 48 F.R. 31371. -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -End- -CITE- 41 USC Sec. 252a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252a. Simplified acquisition threshold -STATUTE- (a) Simplified acquisition threshold For purposes of acquisitions by executive agencies, the simplified acquisition threshold is as specified in section 403(11) of this title. (b) Inapplicable laws No law properly listed in the Federal Acquisition Regulation pursuant to section 429 of this title shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302A, as added and amended Pub. L. 103-355, title IV, Secs. 4003, 4103(a), Oct. 13, 1994, 108 Stat. 3338, 3341.) -MISC1- AMENDMENTS 1994 - Subsec. (b). Pub. L. 103-355, Sec. 4103(a), added subsec. (b). EFFECTIVE DATE For effective date and applicability of section, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of this title. -End- -CITE- 41 USC Sec. 252b 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252b. Implementation of simplified acquisition procedures -STATUTE- The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 427 of this title shall apply in executive agencies as provided in such section. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302B, as added Pub. L. 103- 355, title IV, Sec. 4203(b), Oct. 13, 1994, 108 Stat. 3346.) -MISC1- EFFECTIVE DATE For effective date and applicability of section, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of this title. -End- -CITE- 41 USC Sec. 252c 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252c. Implementation of electronic commerce capability -STATUTE- (a) Implementation of electronic commerce capability (1) The head of each executive agency shall implement the electronic commerce capability required by section 426 of this title. (2) In implementing the electronic commerce capability pursuant to paragraph (1), the head of an executive agency shall consult with the Administrator for Federal Procurement Policy. (b) Designation of agency official The head of each executive agency shall designate a program manager to implement the electronic commerce capability for that agency. The program manager shall report directly to an official at a level not lower than the senior procurement executive designated for the executive agency under section 414(3) (!1) of this title. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302C, as added Pub. L. 103- 355, title IX, Sec. 9003, Oct. 13, 1994, 108 Stat. 3403; amended Pub. L. 105-85, div. A, title VIII, Sec. 850(f)(4)(A), Nov. 18, 1997, 111 Stat. 1850.) -REFTEXT- REFERENCES IN TEXT Section 414 of this title, referred to in subsec. (b), was amended generally by Pub. L. 108-136, div. A, title XIV, Sec. 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no longer contains a par. (3). See section 414(c)(1) of this title. -MISC1- AMENDMENTS 1997 - Pub. L. 105-85 amended section catchline and text generally. Prior to amendment, text read as follows: "(a) Implementation of FACNET Capability. - (1) The head of each executive agency shall implement the Federal acquisition computer network ('FACNET') capability required by section 426 of this title. "(2) In implementing the FACNET capability pursuant to paragraph (1), the head of an executive agency shall consult with the Administrator for Federal Procurement Policy. "(b) Designation of Agency Official. - The head of each executive agency shall designate a program manager to have responsibility for implementation of FACNET capability for that agency and otherwise to implement this section. Such program manager shall report directly to the senior procurement executive designated for the executive agency under section 414(3) of this title." EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces. EFFECTIVE DATE For effective date and applicability of section, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 253 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 253. Competition requirements -STATUTE- (a) Procurement through full and open competition; competitive procedures (1) Except as provided in subsections (b), (c), and (g) of this section and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services - (A) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this subchapter and the Federal Acquisition Regulation; and (B) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement. (2) In determining the competitive procedures appropriate under the circumstance, an executive agency - (A) shall solicit sealed bids if - (i) time permits the solicitation, submission, and evaluation of sealed bids; (ii) the award will be made on the basis of price and other price-related factors; (iii) it is not necessary to conduct discussions with the responding sources about their bids; and (iv) there is a reasonable expectation of receiving more than one sealed bid; and (B) shall request competitive proposals if sealed bids are not appropriate under clause (A). (b) Exclusion of particular source; restriction of solicitation to small business concerns (1) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures but excluding a particular source in order to establish or maintain any alternative source or sources of supply for that property or service if the agency head determines that to do so - (A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of such property or services; (B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization; (C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; (D) would ensure the continuous availability of a reliable source of supply of such property or service; (E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or (F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies. (2) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures, but excluding other than small business concerns in furtherance of sections 638 and 644 of title 15. (3) A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by subsection (f)(1) of this section. (4) A determination under paragraph (1) may not be made for a class of purchases or contracts. (c) Use of noncompetitive procedures An executive agency may use procedures other than competitive procedures only when - (1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency; (2) the executive agency's need for the property or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals; (3) it is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization, (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify; (4) the terms of an international agreement or treaty between the United States Government and a foreign government or international organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for such government, have the effect of requiring the use of procedures other than competitive procedures; (5) subject to subsection (h) (!1) of this section, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale; (6) the disclosure of the executive agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or (7) the head of the executive agency - (A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned, and (B) notifies the Congress in writing of such determination not less than 30 days before the award of the contract. (d) Property or services deemed available from only one source; nondelegable authority (1) For the purposes of applying subsection (c)(1) of this section - (A) in the case of a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services shall be considered to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept the substance of which is not otherwise available to the United States and does not resemble the substance of a pending competitive procurement; and (B) in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment when it is likely that award to a source other than the original source would result in (i) substantial duplication of cost to the Government which is not expected to be recovered through competition, or (ii) unacceptable delays in fulfilling the executive agency's needs, such property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures. (2) The authority of the head of an executive agency under subsection (c)(7) of this section may not be delegated. (e) Offer requests to potential sources An executive agency using procedures other than competitive procedures to procure property or services by reason of the application of subsection (c)(2) or (c)(6) of this section shall request offers from as many potential sources as is practicable under the circumstances. (f) Justification for use of noncompetitive procedures (1) Except as provided in paragraph (2), an executive agency may not award a contract using procedures other than competitive procedures unless - (A) the contracting officer for the contract justifies the use of such procedures in writing and certifies the accuracy and completeness of the justification; (B) the justification is approved - (i) in the case of a contract for an amount exceeding $500,000 (but equal to or less than $10,000,000), by the competition advocate for the procuring activity (without further delegation) or by an official referred to in clause (ii) or (iii); and (ii) in the case of a contract for an amount exceeding $10,000,000 (but equal to or less than $50,000,000), by the head of the procuring activity or a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule); or (iii) in the case of a contract for an amount exceeding $50,000,000, by the senior procurement executive of the agency designated pursuant to section 414(3)(!1) of this title (without further delegation); and (C) any required notice has been published with respect to such contract pursuant to section 416 of this title and all bids or proposals received in response to such notice have been considered by such executive agency. (2) In the case of a procurement permitted by subsection (c)(2), the justification and approval required by paragraph (1) may be made after the contract is awarded. The justification and approval required by paragraph (1) is not required - (A) when a statute expressly requires that the procurement be made from a specified source; (B) when the agency's need is for a brand-name commercial item for authorized resale; (C) in the case of a procurement permitted by subsection (c)(7) of this section; or (D) in the case of a procurement conducted under (i) the Javits- Wagner-O'Day Act (41 U.S.C. 46 et seq.), or (ii) section 637(a) of title 15. (3) The justification required by paragraph (1)(A) shall include - (A) a description of the agency's needs; (B) an identification of the statutory exception from the requirement to use competitive procedures and a demonstration, based on the proposed contractor's qualifications or the nature of the procurement, of the reasons for using that exception; (C) a determination that the anticipated cost will be fair and reasonable; (D) a description of the market survey conducted or a statement of the reasons a market survey was not conducted; (E) a listing of the sources, if any, that expressed in writing an interest in the procurement; and (F) a statement of the actions, if any, the agency may take to remove or overcome a barrier to competition before a subsequent procurement for such needs. (4) The justification required by paragraph (1)(A) and any related information shall be made available for inspection by the public consistent with the provisions of section 552 of title 5. (5) In no case may an executive agency - (A) enter into a contract for property or services using procedures other than competitive procedures on the basis of the lack of advance planning or concerns related to the amount of funds available to the agency for procurement functions; or (B) procure property or services from another executive agency unless such other executive agency complies fully with the requirements of this subchapter in its procurement of such property or services. The restriction set out in clause (B) is in addition to, and not in lieu of, any other restriction provided by law. (g) Simplified procedures for small purchases (1) In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for - (A) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and (B) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items. (2)(A) The Administrator of General Services shall prescribe regulations that provide special simplified procedures for acquisitions of leasehold interests in real property at rental rates that do not exceed the simplified acquisition threshold. (B) For purposes of subparagraph (A), the rental rate or rates under a multiyear lease do not exceed the simplified acquisition threshold if the average annual amount of the rent payable for the period of the lease does not exceed the simplified acquisition threshold. (3) A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by paragraph (1). (4) In using the simplified procedures, an executive agency shall promote competition to the maximum extent practicable. (5) An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in section 427(f) of this title. (h) Efficient implementation of requirement The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government's requirements. (i) Merit-based award of contracts (1) It is the policy of Congress that an executive agency should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures. (2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law - (A) specifically refers to this subsection; (B) specifically identifies the particular non-Federal Government entity involved; and (C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1). (3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract. (4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on such matters to the Congress or any agency of the Federal Government. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 303, 63 Stat. 395; July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594; Pub. L. 90-268, Sec. 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98-369, div. B, title VII, Sec. 2711(a)(1), July 18, 1984, 98 Stat. 1175; Pub. L. 98-577, title V, Sec. 504(a)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99-145, title IX, Sec. 961(a)(2), title XIII, Sec. 1304(c)(2), (3), Nov. 8, 1985, 99 Stat. 703, 742; Pub. L. 101-510, div. A, title VIII, Sec. 806(c), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103-355, title I, Secs. 1051-1053, 1055(a), title IV, Sec. 4402(a), title VII, Sec. 7203(b)(1), Oct. 13, 1994, 108 Stat. 3260, 3261, 3265, 3348, 3380; Pub. L. 104-106, div. D, title XLI, Secs. 4101(b), 4102(b), title XLII, Sec. 4202(b)(1), title XLIII, Sec. 4321(e)(2), Feb. 10, 1996, 110 Stat. 642, 643, 653, 674; Pub. L. 104-320, Secs. 7(a)(2), 11(c)(2), Oct. 19, 1996, 110 Stat. 3871, 3873; Pub. L. 105-85, div. A, title VIII, Sec. 850(f)(4)(B), Nov. 18, 1997, 111 Stat. 1850.) -REFTEXT- REFERENCES IN TEXT Subsection (h) of this section, referred to in subsec. (c)(5), was redesignated subsec. (i) and a new subsec. (h) was added by Pub. L. 104-106, div. D, title XLI, Sec. 4101(b), Feb. 10, 1996, 110 Stat. 642. Section 414 of this title, referred to in subsec. (f)(1)(B)(iii), was amended generally by Pub. L. 108-136, div. A, title XIV, Sec. 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no longer contains a par. (3). See section 414(c)(1) of this title. The Javits-Wagner-O'Day Act, referred to in subsec. (f)(2)(D), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of this title. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1997 - Subsec. (g)(5). Pub. L. 105-85 substituted "section 427(f)" for "section 427(g)". 1996 - Subsec. (c)(3)(C). Pub. L. 104-320 substituted "agency, or to procure the services of an expert or neutral for use" for "agency, or" and inserted "or negotiated rulemaking" after "alternative dispute resolution". Subsec. (f)(1)(B)(i). Pub. L. 104-106, Sec. 4102(b)(1), substituted "$500,000 (but equal to or less than $10,000,000)" for "$100,000 (but equal to or less than $1,000,000)" and "(ii) or (iii); and" for "(ii), (iii), or (iv);". Subsec. (f)(1)(B)(ii). Pub. L. 104-106, Sec. 4102(b)(2), substituted "$10,000,000 (but equal to or less than $50,000,000)" for "$1,000,000 (but equal to or less than $10,000,000)" and "civilian," for "civilian;". Subsec. (f)(1)(B)(iii). Pub. L. 104-106, Sec. 4102(b)(3), substituted "$50,000,000" for "$10,000,000". Subsec. (f)(2)(D). Pub. L. 104-106, Sec. 4321(e)(2), substituted "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)," for "the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act,". Subsec. (g)(1). Pub. L. 104-106, Sec. 4202(b)(1)(A), substituted "shall provided for - " for "shall provide for special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold." and added subpars. (A) and (B). Subsec. (g)(5). Pub. L. 104-106, Sec. 4202(b)(1)(B), added par. (5). Subsecs. (h), (i). Pub. L. 104-106, Sec. 4101(b), added subsec. (h) and redesignated former subsec. (h) as (i). 1994 - Subsec. (a)(1)(A). Pub. L. 103-355, Sec. 1051(1), substituted "Federal Acquisition Regulation" for "modifications to regulations promulgated pursuant to section 2752 of the Competition in Contracting Act of 1984". Subsec. (b)(1)(D) to (F). Pub. L. 103-355, Sec. 1052(a), added subpars. (D) to (F). Subsec. (b)(4). Pub. L. 103-355, Sec. 1052(b), added par. (4). Subsec. (c)(3). Pub. L. 103-355, Sec. 1055(a), struck out "or" before "(B)" and inserted ", or" and cl. (C) before period at end. Subsec. (c)(5). Pub. L. 103-355, Sec. 7203(b)(1)(A), inserted "subject to subsection (h) of this section," before "a statute". Subsec. (f)(1)(B)(i). Pub. L. 103-355, Sec. 1053, inserted before semicolon at end "or by an official referred to in clause (ii), (iii), or (iv)". Subsec. (g)(1). Pub. L. 103-355, Sec. 4402(a)(1)(A), substituted "purchases of property and services for amounts not greater than the simplified acquisition threshold" for "small purchases of property and services". Pub. L. 103-355, Secs. 1051(2), 4402(a)(1)(B), amended par. (1) identically, substituting "Federal Acquisition Regulation" for "regulations modified, in accordance with section 2752 of the Competition in Contracting Act of 1984,". Subsec. (g)(2). Pub. L. 103-355, Sec. 4402(a)(2), added par. (2) and struck out former par. (2) which read as follows: "For the purposes of this subchapter, a small purchase is a purchase or contract for an amount which does not exceed the small purchase threshold." Subsec. (g)(3). Pub. L. 103-355, Sec. 4402(a)(3), substituted "simplified acquisition threshold" for "small purchase threshold" and "simplified procedures" for "small purchase procedures". Subsec. (g)(4). Pub. L. 103-355, Sec. 4402(a)(4), substituted "the simplified procedures" for "small purchase procedures". Subsec. (g)(5). Pub. L. 103-355, Sec. 4402(a)(5), struck out par. (5) which read as follows: "In this subsection, the term 'small purchase threshold' has the meaning given such term in section 403(11) of this title." Subsec. (h). Pub. L. 103-355, Sec. 7203(b)(1)(B), added subsec. (h). 1990 - Subsec. (g)(2), (3). Pub. L. 101-510, Sec. 806(c)(1), (2), substituted "the small purchase threshold" for "$25,000". Subsec. (g)(5). Pub. L. 101-510, Sec. 806(c)(3), added par. (5). 1985 - Subsec. (f)(1)(C). Pub. L. 99-145, Sec. 1304(c)(2), substituted "any" for "Any". Subsec. (f)(2). Pub. L. 99-145, Sec. 961(a)(2), added subpars. (A) and (B), designated existing provision as subpar. (C), and redesignated as subpar. (D), cls. (i) and (ii) provisions previously designated subpars. (A) and (B), substituting in cl. (ii) "section 637(a) of title 15" for "the authority of section 637(a) of title 15". Subsec.(g)(1). Pub. L. 99-145, Sec. 1304(c)(3), inserted a comma after "1984". 1984 - Subsec. (a). Pub. L. 98-369 substituted provisions requiring procurement through full and open competition for provisions requiring advertisement for bids to be made a sufficient time prior to the purchase or contract and to permit full and free competition, and struck out provision that no advertisement or bid invitation for carriage of Government property in other than Government-owned cargo containers could specify carriage in cargo containers of any stated length, height, or width. Subsec. (b). Pub. L. 98-369 substituted provisions regarding the exclusion of a particular source of property or services from competitive procedures for provisions regarding the opening of bids and procedures for awards, and inserted provision that in fulfilling the statutory requirements relating to small business concerns and socially and economically disadvantaged small business concerns, an executive agency shall use competitive procedures but may restrict a solicitation to allow only such business concerns to compete. Subsec. (b)(2). Pub. L. 98-577, Sec. 504(a)(1), substituted provisions to the effect that executive agencies may provide for procurement of property or services covered by this section using competitive procedures but excluding other than small business concerns for former provisions which provided that executive agencies shall use competitive procedures but may restrict a solicitation to allow only such small business concerns to compete. Subsec. (b)(3). Pub. L. 98-577, Sec. 504(a)(1), added par. (3). Subsecs. (c) to (g). Pub. L. 98-369 added subsecs. (c) to (g). Subsec. (f)(2). Pub. L. 98-577, Sec. 504(a)(2), designated the final sentence as subpar. (A) and added subpar. (B). 1968 - Subsec. (a). Pub. L. 90-268 inserted provision that no advertisement or invitation to bid for carriage of Government property in other than Government-owned cargo containers shall specify carriage of such property in cargo containers of any stated length, height, or width. 1952 - Subsec. (a). Act July 12, 1952, substituted "property" for "supplies". EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces. EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104- 106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103- 355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by section 961(a)(2) of Pub. L. 99-145 effective as if included in enactment of Competition in Contracting Act of 1984, Pub. L. 98-369, div. B, title VII, see section 961(e) of Pub. L. 99- 145, set out as a note under section 2304 of Title 10, Armed Forces. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of this title. EFFECTIVE DATE Section effective July 1, 1949, see section 605, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. TERMINATION OF AUTHORITY TO ISSUE SOLICITATIONS FOR PURCHASES OF COMMERCIAL ITEMS IN EXCESS OF SIMPLIFIED ACQUISITION THRESHOLD Authority to issue solicitations for purchases of commercial items in excess of simplified acquisition threshold pursuant to special simplified procedures authorized by subsec. (g)(1) of this section to expire three years after date certain amendments by section 4202 of Pub. L. 104-106 take effect pursuant to section 4401(b) of Pub. L. 104-106, set out as a note under section 251 of this title, see section 4202(e) of Pub. L. 104-106, set out as a note under section 2304 of Title 10, Armed Forces. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ Pub. L. 108-136, div. A, title XIV, Sec. 1442, Nov. 24, 2003, 117 Stat. 1674, provided that: "(a) Disclosure Required. - "(1) Publication and public availability. - The head of an executive agency of the United States that enters into a contract for the repair, maintenance, or construction of infrastructure in Iraq without full and open competition shall publish in the Federal Register or Commerce Business Daily and otherwise make available to the public, not later than 30 days after the date on which the contract is entered into, the following information: "(A) The amount of the contract. "(B) A brief description of the scope of the contract. "(C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. "(D) The justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. "(2) Inapplicability to contracts after fiscal year 2005. - Paragraph (1) does not apply to a contract entered into after September 30, 2005. "(b) Classified Information. - "(1) Authority to withhold. - The head of an executive agency may - "(A) withhold from publication and disclosure under subsection (a) any document that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; and "(B) redact any part so classified that is in a document not so classified before publication and disclosure of the document under subsection (a). "(2) Availability to congress. - In any case in which the head of an executive agency withholds information under paragraph (1), the head of such executive agency shall make available an unredacted version of the document containing that information to the chairman and ranking member of each of the following committees of Congress: "(A) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. "(B) The Committees on Appropriations of the Senate and House of Representatives. "(C) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information relates. "(c) Fiscal Year 2003 Contracts. - This section shall apply to contracts entered into on or after October 1, 2002, except that, in the case of a contract entered into before the date of the enactment of this Act [Nov. 24, 2003], subsection (a) shall be applied as if the contract had been entered into on the date of the enactment of this Act. "(d) Relationship to Other Disclosure Laws. - Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. "(e) Definitions. - In this section, the terms 'executive agency' and 'full and open competition' have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)." SMALL BUSINESS ACT Section 2711(c) of Pub. L. 98-369 provided that: "The amendments made by this section [amending this section and section 259 of this title and enacting sections 253a and 253b of this title] do not supersede or affect the provisions of section 8(a) of the Small Business Act (15 U.S.C. 637(a))." -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 253a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 253a. Planning and solicitation requirements -STATUTE- (a) Preparation; planning; specifications in solicitation (1) In preparing for the procurement of property or services, an executive agency shall - (A) specify its needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; (B) use advance procurement planning and market research; and (C) develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired. (2) Each solicitation under this subchapter shall include specifications which - (A) consistent with the provisions of this subchapter, permit full and open competition; (B) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the executive agency or as authorized by law. (3) For the purposes of paragraphs (1) and (2), the type of specification included in a solicitation shall depend on the nature of the needs of the executive agency and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of - (A) function, so that a variety of products or services may qualify; (B) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or (C) design requirements. (b) Contents of solicitation In addition to the specifications described in subsection (a) of this section, each solicitation for sealed bids or competitive proposals (other than for a procurement for commercial items using special simplified procedures or a purchase for an amount not greater than the simplified acquisition threshold) shall at a minimum include - (1) a statement of - (A) all significant factors and significant subfactors which the executive agency reasonably expects to consider in evaluating sealed bids (including price) or competitive proposals (including cost or price, cost-related or price- related factors and subfactors, and noncost-related or nonprice-related factors and subfactors); and (B) the relative importance assigned to each of those factors and subfactors; and (2)(A) in the case of sealed bids - (i) a statement that sealed bids will be evaluated without discussions with the bidders; and (ii) the time and place for the opening of the sealed bids; or (B) in the case of competitive proposals - (i) either a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) unless discussions are determined to be necessary; and (ii) the time and place for submission of proposals. (c) Evaluation factors (1) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, an executive agency - (A) shall clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quality of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror); (B) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals; and (C) shall disclose to offerors whether all evaluation factors other than cost or price, when combined, are - (i) significantly more important than cost or price; (ii) approximately equal in importance to cost or price; or (iii) significantly less important than cost or price. (2) The regulations implementing subparagraph (C) of paragraph (1) may not define the terms "significantly more important" and "significantly less important" as specific numeric weights that would be applied uniformly to all solicitations or a class of solicitations. (d) Additional information in solicitation Nothing in this section prohibits an executive agency from - (1) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or (2) stating in a solicitation that award will be made to the offeror that meets the solicitation's mandatory requirements at the lowest cost or price. (e) Evaluation of purchase options An executive agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in such solicitation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the executive agency has determined that there is a reasonable likelihood that the options will be exercised. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 303A, as added Pub. L. 98- 369, div. B, title VII, Sec. 2711(a)(2), July 18, 1984, 98 Stat. 1178; amended Pub. L. 103-355, title I, Secs. 1061(a), (b), 1062, title IV, Sec. 4402(b), Oct. 13, 1994, 108 Stat. 3266, 3267, 3348; Pub. L. 104-106, div. D, title XLII, Sec. 4202(b)(2), Feb. 10, 1996, 110 Stat. 653.) -MISC1- AMENDMENTS 1996