41 USC Ch. 4: Front Matter
From Title 41-PUBLIC CONTRACTSCHAPTER 4-PROCUREMENT PROCEDURES
CHAPTER 4-PROCUREMENT PROCEDURES
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 qualities.
(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.
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.
SUBCHAPTER V-FOREIGN EXCESS PROPERTY
271 to 274. Transferred.
SUBCHAPTER VI-FEDERAL RECORD MANAGEMENT
281 to 291. Transferred.