§3301. Full and open competition

(a) In General.-Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall-

(1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and

(2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.

(b) Appropriate Competitive Procedures.-

(1) Use of sealed bids.-In determining the competitive procedures appropriate under the circumstance, an executive agency shall-

(A) 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; or

(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).

(2) Sealed bid not required.-Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) ¹ of title 23 applies.

(c) Efficient Fulfillment of Government Requirements.-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 Federal Government's requirements.

( Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3745 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3301(a)	41:253(a)(1).	June 30, 1949, ch. 288, title III, §303(a), 63 Stat. 395 ; July 12, 1952, ch. 703, §1(m), 66 Stat. 594 ; Pub. L. 90–268, §2, Mar. 16, 1968, 82 Stat. 49 ; Pub. L. 98–369, title VII, §2711(a)(1), July 18, 1984, 98 Stat. 1175 ; Pub. L. 103–355, title I, §1051(1), Oct. 13, 1994, 108 Stat. 3260 .
3301(b)(1)	41:253(a)(2).
3301(b)(2)	41:252(c)(2).	June 30, 1949, ch. 288, title III, §302(c)(2), as added Pub. L. 98–369, title VII, §2714(a)(1)(B), July 18, 1984, 98 Stat. 1184 .
3301(c)	41:253(h).	June 30, 1949, ch. 288, title III, §303(h), as added Pub. L. 104–106, title XLI, §4101(b)(2), Feb. 10, 1996, 110 Stat. 642 .

References in Text

Section 204 of title 23, referred to in subsec. (b)(2), was repealed and a new section 204 enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473 , 489.

Construction

Pub. L. 98–369, div. B, title VII, §2711(c), July 18, 1984, 98 Stat. 1181 , provided that: "The amendments made by this section [see Tables for classification] do not supersede or affect the provisions of section 8(a) of the Small Business Act (15 U.S.C. 637(a))."

¹ See References in Text note below.