From the U.S. Code Online via GPO Access

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\[Laws in effect as of January 3, 2006\]

\[CITE: **41USC259**\]

TITLE 41\--PUBLIC CONTRACTS

CHAPTER 4\--PROCUREMENT PROCEDURES

SUBCHAPTER IV\--PROCUREMENT PROVISIONS

Sec. 259. Definitions

As used in this subchapter\--

\(a\) The term \`\`agency head\'\' shall mean the head or any assistant

head of any executive agency, and may at the option of the Administrator
include the chief official of any principal organizational unit of the
General Services Administration.

\(b\) The term \`\`competitive procedures\'\' means procedures under
which an executive agency enters into a contract pursuant to full and
open competition. Such term also includes\--

\(1\) procurement of architectural or engineering services

conducted in accordance with title IX of this Act; \\1\\

1 See References in Text note below.

\(2\) the competitive selection of basic research proposals

resulting from a general solicitation and the peer review or

scientific review (as appropriate) of such proposals;

\(3\) the procedures established by the Administrator for the

multiple awards schedule program of the General Services

Administration if\--

\(A\) participation in the program has been open to all

responsible sources; and

\(B\) orders and contracts under such procedures result in the lowest
overall cost alternative to meet the needs of the Government;

\(4\) procurements conducted in furtherance of section 644 of title 15
as long as all responsible business concerns that are entitled to submit
offers for such procurements are permitted to compete; and

\(5\) a competitive selection of research proposals resulting from a
general solicitation and peer review or scientific review (as
appropriate) solicited pursuant to section 638 of title 15.

\(c\) The following terms have the meanings provided such terms in
section 403 of this title:

\(1\) The term \`\`procurement\'\'.

\(2\) The term \`\`procurement system\'\'.

\(3\) The term \`\`standards\'\'.

\(4\) The term \`\`full and open competition\'\'.

\(5\) The term \`\`responsible source\'\'.

\(6\) The term \`\`technical data\'\'.

\(7\) The term \`\`major system\'\'.

\(8\) The term \`\`item\'\'.

\(9\) The term \`\`item of supply\'\'.

\(10\) The term \`\`supplies\'\'.

\(11\) The term \`\`commercial item\'\'.

\(12\) The term \`\`nondevelopmental item\'\'.

\(13\) The term \`\`commercial component\'\'.

\(14\) The term \`\`component\'\'.

(d)(1) The term \`\`simplified acquisition threshold\'\' has the meaning
provided that term in section 403 of this title, except that, in the
case of any contract to be awarded and performed, or purchase to be
made, outside the United States in support of a contingency operation or
a humanitarian or peacekeeping operation, the term means an amount equal
to two times the amount specified for that term in section 403 of this
title

\(2\) In paragraph (1):

\(A\) The term \`\`contingency operation\'\' has the meaning given

such term in section 101(a) of title 10.

\(B\) The term \`\`humanitarian or peacekeeping operation\'\' means a
military operation in support of the provision of humanitarian or
foreign disaster assistance or in support of a peacekeeping operation
under chapter VI or VII of the Charter of the United Nations. The term
does not include routine training, force rotation, or stationing.

\(e\) The term \`\`Federal Acquisition Regulation\'\' means the Federal

Acquisition Regulation issued pursuant to section 421(c)(1) of this

title.

(June 30, 1949, ch. 288, title III, Sec. 309, 63 Stat. 397; July 12,

1952, ch. 703, Sec. 1(h), 66 Stat. 593; Pub. L. 98-369, div. B, title

VII, Sec. 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98-577,

title V, Sec. 504(a)(3), (4), Oct. 30, 1984, 98 Stat. 3086; Pub. L.
103-355, title I, Sec. 1551, Oct. 13, 1994, 108 Stat. 3298; Pub. L.
104-201, div. A, title VIII, Sec. 807(b), Sept. 23, 1996, 110 Stat.
2606; Pub. L. 105-85, div. A, title X, Sec. 1073(g)(1), Nov. 18, 1997,
111 Stat. 1906.)

References in Text

This Act, referred to in subsec. (b)(1), is the Federal Property and
Administrative Services Act of 1949, approved June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title IX of this Act, which was classified
generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of former
Title 40, Public Buildings, Property, and Works, was repealed and
reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public

Buildings, Property, and Works. For disposition of sections of former

Title 40 to revised Title 40, see Table preceding section 101 of Title

40\. For complete classification of this Act to the Code, see Tables.

Amendments

1997\--Subsec. (b)(2). Pub. L. 105-85 struck out \`\`and\'\' at end.\
1996\--Subsec. (d). Pub. L. 104-201 designated existing provisions as
par. (1), inserted \`\`or a humanitarian or peacekeeping operation\'\'
after \`\`contingency operation\'\', and added par. (2).

1994\--Subsecs. (c) to (e). Pub. L. 103-355 added subsecs. (c) to (e)
and struck out former subsec. (c) which read as follows: \`\`The terms
\`full and open competition\', \`responsible source\', \`technical
data\', \`major system\', \`item\', \`item of supply\', and \`supplies\'
have the same meanings provided such terms in section 403 of this
title.\'\'

1984\--Subsec. (b). Pub. L. 98-369 added subsec. (b).

Subsec. (b)(4), (5). Pub. L. 98-577, Sec. 504(a)(3), added pars. (4) and
(5).

Subsec. (c). Pub. L. 98-577, Sec. 504(a)(4), substituted \`\`,
\`responsible source\', \`technical data\', \`major system\', \`item\',
\`item of supply\', and \`supplies\' have\'\' for \`\`and \`responsible
source\' have\'\' before \`\`the meaning\'\'.

Pub. L. 98-369 added subsec. (c).\
1952\--Subsec. (b). Act July 12, 1952, repealed subsec. (b) which
defined \`\`supplies\'\'.

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 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.

Small Business Act

Amendment to this section by section 2711(a)(3) of Pub. L. 98-369 not to
affect or supersede the provisions of section 637(a) of Title 15,
Commerce and Trade, see section 2711(c) of Pub. L. 98-369, set out as a
note under section 253 of this title.

Definitions

The definitions in section 102 of Title 40, Public Buildings, Property,
and Works, apply to this subchapter.