(a)
(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)
(1)
(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)
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3745.)
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. |
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 (b)(2), was repealed and a new section 204 enacted by Pub.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.
Pub. L. 113–291, div. A, title VIII, §836, Dec. 19, 2014, 128 Stat. 3449, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], the Administrator for Federal Procurement Policy shall prescribe regulations providing that when the Federal Government makes a purchase of services and supplies offered under the Federal Strategic Sourcing Initiative (managed by the Office of Federal Procurement Policy) but such Initiative is not used, the contract file for the purchase shall include a brief analysis of the comparative value, including price and nonprice factors, between the services and supplies offered under such Initiative and services and supplies offered under the source or sources used for the purchase."
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))."
Pub. L. 114–328, div. A, title VIII, §880, Dec. 23, 2016, 130 Stat. 2313, as amended by Pub. L. 115–232, div. A, title VIII, §836(f)(10), Aug. 13, 2018, 132 Stat. 1872; Pub. L. 117–263, div. G, title LXXII, §7227(a), Dec. 23, 2022, 136 Stat. 3675, provided that:
"(a)
"(1)
"(2)
"(A) The Secretary of Homeland Security.
"(B) The Administrator of General Services.
"(3)
"(A) The Department of Homeland Security.
"(B) The General Services Administration.
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) An assessment of the impact of the pilot program on competition.
"(B) A comparison of acquisition timelines for—
"(i) procurements made using the pilot program; and
"(ii) procurements made using other competitive procedures that do not use general solicitations.
"(C) A recommendation on whether the authority for the pilot program should be made permanent.
"(3)
"(f)
"(1) the term 'commercial product'—
"(A) has the meaning given the term 'commercial item' in section 2.101 of the Federal Acquisition Regulation; and
"(B) includes a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41, United States Code; and
"(2) the term 'innovative' means—
"(A) any new technology, process, or method, including research and development; or
"(B) any new application of an existing technology, process, or method.
"(g)
Pub. L. 113–291, div. A, title VIII, §837, Dec. 19, 2014, 128 Stat. 3450, provided that:
"(a)
"(b)