-CITE-
    41 USC CHAPTER 4 - PROCUREMENT PROCEDURES                   01/03/2007

-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.                 
    252a.       Simplified acquisition threshold.                     
    252b.       Implementation of simplified acquisition procedures.  
    252c.       Implementation of electronic commerce capability.     
    253.        Competition requirements.                             
    253a.       Planning and solicitation requirements.               
    253b.       Evaluation and award.                                 
    253c.       Encouragement of new competition.                     
    253d.       Validation of proprietary data restrictions.          
    253e.       Repealed.                                             
    253f.       Economic order quantities.                            
    253g.       Prohibition of contractors limiting subcontractor
                 sales directly to United States.                     
    253h.       Task and delivery order contracts: general authority. 
    253i.       Task order contracts: advisory and assistance
                 services.                                            
    253j.       Task and delivery order contracts: orders.            
    253k.       Task and delivery order contracts: definitions.       
    253l.       Severable services contracts for periods crossing
                 fiscal years.                                        
    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.                 
    253l-7.     Contract authority of Architect of the Capitol.       
    253l-8.     Contract authority of Secretary of Smithsonian
                 Institution.                                         
    253m.       Design-build selection procedures.                    
    254.        Contract requirements.                                
    254a.       Cost-type research and development contracts with
                 educational institutions.                            
    254b.       Cost or pricing data: truth in negotiations.          
    254c.       Multiyear contracts.                                  
    254d.       Examination of records of contractor.                 
    255.        Contract financing.                                   
    256.        Allowable costs.                                      
    256a.       Waiver of liquidated damages.                         
    257.        Administrative determinations.                        
    258.        Repealed.                                             
    259.        Definitions.                                          
    260.        Laws not applicable to contracts.                     
    261.        Assignment and delegation of procurement functions and
                 responsibilities.                                    
    262.        Determinations and decisions.                         
    263.        Performance based management: acquisition programs.   
    264.        Relationship of commercial item provisions to other
                 provisions of law.                                   
    264a.       Definitions relating to procurement of commercial
                 items.                                               
    264b.       Preference for acquisition of commercial items.       
    265.        Contractor employees: protection from reprisal for
                 disclosure of certain information.                   
    266.        Merit-based award of grants for research and
                 development.                                         
    266a.       Share-in-savings contracts.                           

                  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                    01/03/2007

-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                                     01/03/2007

-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      01/03/2007

-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                                     01/03/2007

-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 303(a) of Title 40 was amended generally by Pub. L.
    109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so
    amended, no longer relates to the Bureau of Federal Supply. See
    Historical and Revision Notes and 2006 Amendment note under section
    303 of Title 40.
      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 303(b) of Title 40 was
    amended generally by Pub. L. 109-313, Sec. 2(a)(1), Oct. 6, 2006,
    120 Stat. 1734, and, as so amended, no longer relates to the
    Federal Works Agency and Commissioner of Public Buildings. See
    Historical and Revision Notes and 2006 Amendment note under section
    303 of Title 40.
      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                 01/03/2007

-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                                     01/03/2007

-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               01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
                  SUBCHAPTER IV - PROCUREMENT PROVISIONS              

-End-



-CITE-
    41 USC Sec. 251                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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 - Subsec. (b). Pub. L. 104-106 inserted "a procurement for
    commercial items using special simplified procedures or" after
    "(other than for" in introductory provisions.
      1994 - Subsec. (b). Pub. L. 103-355, Sec. 4402(b), substituted "a
    purchase for an amount not greater than the simplified acquisition
    threshold)" for "small purchases)" in introductory provisions.
      Subsec. (b)(1)(A). Pub. L. 103-355, Sec. 1061(a)(1)(A), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "all significant factors (including price) which the
    executive agency reasonably expects to consider in evaluating
    sealed bids or competitive proposals; and".
      Subsec. (b)(1)(B). Pub. L. 103-355, Sec. 1061(a)(1)(B),
    substituted "factors and subfactors" for "factors".
      Subsec. (b)(2)(B)(i). Pub. L. 103-355, Sec. 1061(a)(2), amended
    cl. (i) generally. Prior to amendment, cl. (i) read as follows: "a
    statement that the proposals are intended to be evaluated with, and
    awards made after, discussions with the offerors, but might be
    evaluated and awarded without discussions with the offerors; and".
      Subsecs. (c), (d). Pub. L. 103-355, Sec. 1061(b), added subsecs.
    (c) and (d).
      Subsec. (e). Pub. L. 103-355, Sec. 1062, added subsec. (e).

                     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                          
      Section 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 an Effective Date of 1984 Amendment note under
    section 251 of this title.

          AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS      
      Pub. L. 108-136, div. A, title XIV, Sec. 1428, Nov. 24, 2003, 117
    Stat. 1670, provided that:
      "(a) Amendment to the Federal Acquisition Regulation. - Not later
    than 180 days after the date of the enactment of this Act [Nov. 24,
    2003], the Federal Acquisition Regulatory Council shall amend the
    Federal Acquisition Regulation issued in accordance with sections 6
    and 25 of the Office of Federal Procurement Policy Act (41 U.S.C.
    405 and 421) to permit telecommuting by employees of Federal
    Government contractors in the performance of contracts entered into
    with executive agencies.
      "(b) Content of Amendment. - The regulation issued pursuant to
    subsection (a) shall, at a minimum, provide that solicitations for
    the acquisition of property or services may not set forth any
    requirement or evaluation criteria that would - 
        "(1) render an offeror ineligible to enter into a contract on
      the basis of the inclusion of a plan of the offeror to permit the
      offeror's employees to telecommute, unless the contracting
      officer concerned first determines that the requirements of the
      agency, including security requirements, cannot be met if the
      telecommuting is permitted and documents in writing the basis for
      that determination; or
        "(2) reduce the scoring of an offer on the basis of the
      inclusion in the offer of a plan of the offeror to permit the
      offeror's employees to telecommute, unless the contracting
      officer concerned first determines that the requirements of the
      agency, including security requirements, would be adversely
      impacted if telecommuting is permitted and documents in writing
      the basis for that determination.
      "(c) Definition. - In this section, the term 'executive agency'
    has the meaning given that term in section 4(1) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 403(1))."

                            SMALL BUSINESS ACT                        
      Section 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.

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

-End-



-CITE-
    41 USC Sec. 253b                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253b. Evaluation and award

-STATUTE-
    (a) Basis
      An executive agency shall evaluate sealed bids and competitive
    proposals, and award a contract, based solely on the factors
    specified in the solicitation.
    (b) Rejection of bids or proposals
      All sealed bids or competitive proposals received in response to
    a solicitation may be rejected if the agency head determines that
    such action is in the public interest.
    (c) Opening of bids; promptness of award; written notice
      Sealed bids shall be opened publicly at the time and place stated
    in the solicitation. The executive agency shall evaluate the bids
    in accordance with subsection (a) of this section without
    discussions with the bidders and, except as provided in subsection
    (b) of this section, shall award a contract with reasonable
    promptness to the responsible source whose bid conforms to the
    solicitation and is most advantageous to the United States,
    considering only price and the other price-related factors included
    in the solicitation. The award of a contract shall be made by
    transmitting, in writing or by electronic means, notice of the
    award to the successful bidder. Within 3 days after the date of
    contract award, the executive agency shall notify, in writing or by
    electronic means, each bidder not awarded the contract that the
    contract has been awarded.
    (d) Discussions with offerors; written notification
      (1) An executive agency shall evaluate competitive proposals in
    accordance with subsection (a) of this section and may award a
    contract - 
        (A) after discussions with the offerors, provided that written
      or oral discussions have been conducted with all responsible
      offerors who submit proposals within the competitive range; or
        (B) based on the proposals received and without discussions
      with the offerors (other than discussions conducted for the
      purpose of minor clarification), if, as required by section
      253a(b)(2)(B)(i) of this title, the solicitation included a
      statement that proposals are intended to be evaluated, and award
      made, without discussions, unless discussions are determined to
      be necessary.

      (2) If the contracting officer determines that the number of
    offerors that would otherwise be included in the competitive range
    under paragraph (1)(A) exceeds the number at which an efficient
    competition can be conducted, the contracting officer may limit the
    number of proposals in the competitive range, in accordance with
    the criteria specified in the solicitation, to the greatest number
    that will permit an efficient competition among the offerors rated
    most highly in accordance with such criteria.
      (3) Except as otherwise provided in subsection (b) of this
    section, the executive agency shall award a contract with
    reasonable promptness to the responsible source whose proposal is
    most advantageous to the United States, considering only cost or
    price and the other factors included in the solicitation. The
    executive agency shall award the contract by transmitting, in
    writing or by electronic means, notice of the award to such source
    and, within 3 days after the date of contract award, shall notify,
    in writing or by electronic means, all other offerors of the
    rejection of their proposals.
    (e) Post-award debriefings
      (1) When a contract is awarded by the head of an executive agency
    on the basis of competitive proposals, an unsuccessful offeror,
    upon written request received by the agency within 3 days after the
    date on which the unsuccessful offeror receives the notification of
    the contract award, shall be debriefed and furnished the basis for
    the selection decision and contract award. The executive agency
    shall debrief the offeror within, to the maximum extent
    practicable, 5 days after receipt of the request by the executive
    agency.
      (2) The debriefing shall include, at a minimum - 
        (A) the executive agency's evaluation of the significant weak
      or deficient factors in the offeror's offer;
        (B) the overall evaluated cost and technical rating of the
      offer of the contractor awarded the contract and the overall
      evaluated cost and technical rating of the offer of the debriefed
      offeror;
        (C) the overall ranking of all offers;
        (D) a summary of the rationale for the award;
        (E) in the case of a proposal that includes a commercial item
      that is an end item under the contract, the make and model of the
      item being provided in accordance with the offer of the
      contractor awarded the contract; and
        (F) reasonable responses to relevant questions posed by the
      debriefed offeror as to whether source selection procedures set
      forth in the solicitation, applicable regulations, and other
      applicable authorities were followed by the executive agency.

      (3) The debriefing may not include point-by-point comparisons of
    the debriefed offeror's offer with other offers and may not
    disclose any information that is exempt from disclosure under
    section 552(b) of title 5.
      (4) Each solicitation for competitive proposals shall include a
    statement that information described in paragraph (2) may be
    disclosed in post-award debriefings.
      (5) If, within one year after the date of the contract award and
    as a result of a successful procurement protest, the executive
    agency seeks to fulfill the requirement under the protested
    contract either on the basis of a new solicitation of offers or on
    the basis of new best and final offers requested for that contract,
    the head of such executive agency shall make available to all
    offerors - 
        (A) the information provided in debriefings under this
      subsection regarding the offer of the contractor awarded the
      contract; and
        (B) the same information that would have been provided to the
      original offerors.
    (f) Preaward debriefings
      (1) When the contracting officer excludes an offeror submitting a
    competitive proposal from the competitive range (or otherwise
    excludes such an offeror from further consideration prior to the
    final source selection decision), the excluded offeror may request
    in writing, within 3 days after the date on which the excluded
    offeror receives notice of its exclusion, a debriefing prior to
    award. The contracting officer shall make every effort to debrief
    the unsuccessful offeror as soon as practicable but may refuse the
    request for a debriefing if it is not in the best interests of the
    Government to conduct a debriefing at that time.
      (2) The contracting officer is required to debrief an excluded
    offeror in accordance with subsection (e) of this section only if
    that offeror requested and was refused a preaward debriefing under
    paragraph (1) of this subsection.
      (3) The debriefing conducted under this subsection shall include -
     
        (A) the executive agency's evaluation of the significant
      elements in the offeror's offer;
        (B) a summary of the rationale for the offeror's exclusion; and
        (C) reasonable responses to relevant questions posed by the
      debriefed offeror as to whether source selection procedures set
      forth in the solicitation, applicable regulations, and other
      applicable authorities were followed by the executive agency.

      (4) The debriefing conducted pursuant to this subsection may not
    disclose the number or identity of other offerors and shall not
    disclose information about the content, ranking, or evaluation of
    other offerors' proposals.
    (g) Summary of debriefing
      The contracting officer shall include a summary of any debriefing
    conducted under subsection (e) or (f) of this section in the
    contract file.
    (h) Alternative dispute resolution
      The Federal Acquisition Regulation shall include a provision
    encouraging the use of alternative dispute resolution techniques to
    provide informal, expeditious, and inexpensive procedures for an
    offeror to consider using before filing a protest, prior to the
    award of a contract, of the exclusion of the offeror from the
    competitive range (or otherwise from further consideration) for
    that contract.
    (i) Antitrust violations
      If the agency head considers that a bid or proposal evidences a
    violation of the antitrust laws, such agency head shall refer the
    bid or proposal to the Attorney General for appropriate action.
    (j) Planning for future competition
      (1)(A) In preparing a solicitation for the award of a development
    contract for a major system, the head of an agency shall consider
    requiring in the solicitation that an offeror include in its offer
    proposals described in subparagraph (B). In determining whether to
    require such proposals, the head of the agency shall give due
    consideration to the purposes for which the system is being
    procured and the technology necessary to meet the system's required
    capabilities. If such proposals are required, the head of the
    agency shall consider them in evaluating the offeror's price.
      (B) The proposals that the head of an agency is to consider
    requiring in a solicitation for the award of a development contract
    are the following:
        (i) Proposals to incorporate in the design of the major system
      items which are currently available within the supply system of
      the Federal agency responsible for the major system, available
      elsewhere in the national supply system, or commercially
      available from more than one source.
        (ii) With respect to items that are likely to be required in
      substantial quantities during the system's service life,
      proposals to incorporate in the design of the major system items
      which the United States will be able to acquire competitively in
      the future.

      (2)(A) In preparing a solicitation for the award of a production
    contract for a major system, the head of an agency shall consider
    requiring in the solicitation that an offeror include in its offer
    proposals described in subparagraph (B). In determining whether to
    require such proposals, the head of the agency shall give due
    consideration to the purposes for which the system is being
    procured and the technology necessary to meet the system's required
    capabilities. If such proposals are required, the head of the
    agency shall consider them in evaluating the offeror's price.
      (B) The proposals that the head of an agency is to consider
    requiring in a solicitation for the award of a production contract
    are proposals identifying opportunities to ensure that the United
    States will be able to obtain on a competitive basis items procured
    in connection with the system that are likely to be reprocured in
    substantial quantities during the service life of the system.
    Proposals submitted in response to such requirement may include the
    following:
        (i) Proposals to provide to the United States the right to use
      technical data to be provided under the contract for competitive
      reprocurement of the item, together with the cost to the United
      States, if any, of acquiring such technical data and the right to
      use such data.
        (ii) Proposals for the qualification or development of multiple
      sources of supply for the item.

      (3) If the head of an agency is making a noncompetitive award of
    a development contract or a production contract for a major system,
    the factors specified in paragraphs (1) and (2) to be considered in
    evaluating an offer for a contract may be considered as objectives
    in negotiating the contract to be awarded.
    (k) Protest file
      (1) If, in the case of a solicitation for a contract issued by,
    or an award or proposed award of a contract by, the head of an
    executive agency, a protest is filed pursuant to the procedures in
    subchapter V of chapter 35 of title 31, and an actual or
    prospective offeror so requests, a file of the protest shall be
    established by the procuring activity and reasonable access shall
    be provided to actual or prospective offerors.
      (2) Information exempt from disclosure under section 552 of title
    5 may be redacted in a file established pursuant to paragraph (1)
    unless an applicable protective order provides otherwise.
    (l) Agency actions on protests
      If, in connection with a protest, the head of an executive agency
    determines that a solicitation, proposed award, or award does not
    comply with the requirements of law or regulation, the head of such
    executive agency - 
        (1) may take any action set out in subparagraphs (A) through
      (F) of subsection (b)(1) of section 3554 of title 31; and
        (2) may pay costs described in paragraph (1) of section 3554(c)
      of such title within the limits referred to in paragraph (2) of
      such section.
    (m) Prohibition on release of contractor proposals
      (1) Except as provided in paragraph (2), a proposal in the
    possession or control of an executive agency may not be made
    available to any person under section 552 of title 5.
      (2) Paragraph (1) does not apply to any proposal that is set
    forth or incorporated by reference in a contract entered into
    between the agency and the contractor that submitted the proposal.
      (3) In this subsection, the term "proposal" means any proposal,
    including a technical, management, or cost proposal, submitted by a
    contractor in response to the requirements of a solicitation for a
    competitive proposal.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303B, as added Pub. L. 98-
    369, div. B, title VII, Sec. 2711(a)(2), July 18, 1984, 98 Stat.
    1179; amended Pub. L. 98-577, title II, Sec. 201(a), Oct. 30, 1984,
    98 Stat. 3068; Pub. L. 103-355, title I, Secs. 1061(c), 1063-1066,
    Oct. 13, 1994, 108 Stat. 3267-3269; Pub. L. 104-106, div. D, title
    XLI, Secs. 4103(b), 4104(b), div. E, title LVI, Sec. 5607(c), Feb.
    10, 1996, 110 Stat. 644, 645, 701; Pub. L. 104-201, div. A, title
    VIII, Sec. 821(b), title X, Sec. 1074(b)(7), Sept. 23, 1996, 110
    Stat. 2609, 2660.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d)(2), (3). Pub. L. 104-106, Sec. 4103(b), added
    par. (2) and redesignated former par. (2) as (3).
      Subsec. (e)(6). Pub. L. 104-106, Sec. 4104(b)(1), struck out par.
    (6) which read as follows: "The contracting officer shall include a
    summary of the debriefing in the contract file."
      Subsecs. (f) to (h). Pub. L. 104-106, Sec. 4104(b)(3), added
    subsecs. (f) to (h). Former subsecs. (f) to (h) redesignated (i) to
    (k), respectively.
      Subsecs. (i), (j). Pub. L. 104-106, Sec. 4104(b)(2), redesignated
    subsecs. (f) and (g) as (i) and (j), respectively. Former subsec.
    (i) redesignated (l).
      Subsec. (k). Pub. L. 104-106, Sec. 5607(c), as amended by Pub. L.
    104-201, Sec. 1074(b)(7), struck out par. (3) which read as
    follows: "Regulations implementing this subsection shall be
    consistent with the regulations regarding the preparation and
    submission of an agency's protest file (the so-called 'rule 4
    file') for protests to the General Services Board of Contract
    Appeals under section 759 of title 40."
      Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsec. (h) as
    (k).
      Subsec. (l). Pub. L. 104-106, Sec. 4104(b)(2), redesignated
    subsec. (i) as (l).
      Subsec. (m). Pub. L. 104-201, Sec. 821(b), added subsec. (m).
      1994 - Subsec. (a). Pub. L. 103-355, Sec. 1061(c)(1), inserted ",
    and award a contract," after "competitive proposals".
      Subsec. (c). Pub. L. 103-355, Secs. 1061(c)(2), 1063(a), inserted
    "in accordance with subsection (a) of this section" after "shall
    evaluate the bids" in second sentence, substituted "transmitting,
    in writing or by electronic means, notice" for "transmitting
    written notice" in third sentence, and inserted at end "Within 3
    days after the date of contract award, the executive agency shall
    notify, in writing or by electronic means, each bidder not awarded
    the contract that the contract has been awarded."
      Subsec. (d)(1). Pub. L. 103-355, Sec. 1061(c)(3)(A), added par.
    (1) and struck out former par. (1) which read as follows: "The
    executive agency shall evaluate competitive proposals and may award
    a contract - 
        "(A) after discussions conducted with the offerors at any time
      after receipt of the proposals and before the award of the
      contract; or
        "(B) without discussions with the offerors (other than
      discussions conducted for the purpose of minor clarification)
      when it can be clearly demonstrated from the existence of full
      and open competition or accurate prior cost experience with the
      product or service that acceptance of an initial proposal without
      discussions would result in the lowest overall cost to the
      Government."
      Subsec. (d)(2). Pub. L. 103-355, Secs. 1061(c)(3)(C), 1063(b),
    inserted "cost or" before "price" in first sentence, and, in second
    sentence, substituted "transmitting, in writing or by electronic
    means, notice" for "transmitting written notice" and ", within 3
    days after the date of contract award, shall notify, in writing or
    by electronic means," for "shall promptly notify".
      Pub. L. 103-355, Sec. 1061(c)(3)(B), redesignated par. (4) as (2)
    and struck out former par. (2) which read as follows: "In the case
    of award of a contract under paragraph (1)(A), the executive agency
    shall conduct, before such award, written or oral discussions with
    all responsible sources who submit proposals within the competitive
    range, considering only price and the other factors included in the
    solicitation."
      Subsec. (d)(3). Pub. L. 103-355, Sec. 1061(c)(3)(B), struck out
    par. (3) which read as follows: "In the case of award of a contract
    under paragraph (1)(B), the executive agency shall award the
    contract based on the proposals as received (and as clarified, if
    necessary, in discussions conducted for the purpose of minor
    clarification)."
      Subsec. (d)(4). Pub. L. 103-355, Sec. 1061(c)(3)(B), redesignated
    par. (4) as (2).
      Subsecs. (e) to (g). Pub. L. 103-355, Sec. 1064, added subsec.
    (e) and redesignated former subsecs. (e) and (f) as (f) and (g),
    respectively.
      Subsec. (h). Pub. L. 103-355, Sec. 1065, added subsec. (h).
      Subsec. (i). Pub. L. 103-355, Sec. 1066, added subsec. (i).
      1984 - Subsec. (f). Pub. L. 98-577 added subsec. (f).

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 1074(b)(7) of Pub. L. 104-201 provided that the amendment
    made by that section is effective Feb. 10, 1996.
      For effective date and applicability of amendment by sections
    4103(b) and 4104(b) of Pub. L. 104-106, see section 4401 of Pub. L.
    104-106, set out as a note under section 251 of this title.
      Amendment by section 5607(c) of Pub. L. 104-106 effective 180
    days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, Feb.
    10, 1996, 110 Stat. 702.

                     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                 
      Section 201(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply with
    respect to any solicitation issued more than 180 days after the
    date of enactment of this Act [Oct. 30, 1984]."

                              EFFECTIVE DATE                          
      Section 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 an Effective Date of 1984 Amendment note under
    section 251 of this title.

                            SMALL BUSINESS ACT                        
      Section 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.


-EXEC-
              EX. ORD. NO. 12979. AGENCY PROCUREMENT PROTESTS          
      Ex. Ord. No. 12979, Oct. 25, 1995, 60 F.R. 55171, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    ensure effective and efficient expenditure of public funds and fair
    and expeditious resolution of protests to the award of Federal
    procurement contracts, it is hereby ordered as follows:
      Section 1. Heads of executive departments and agencies
    ("agencies") engaged in the procurement of supplies and services
    shall prescribe administrative procedures for the resolution of
    protests to the award of their procurement contracts as an
    alternative to protests in fora outside the procuring agencies.
    Procedures prescribed pursuant to this order shall:
      (a) emphasize that whenever conduct of a procurement is
    contested, all parties should use their best efforts to resolve the
    matter with agency contracting officers;
      (b) to the maximum extent practicable, provide for inexpensive,
    informal, procedurally simple, and expeditious resolution of
    protests, including, where appropriate and as permitted by law, the
    use of alternative dispute resolution techniques, third party
    neutrals, and another agency's personnel;
      (c) allow actual or prospective bidders or offerors whose direct
    economic interests would be affected by the award or failure to
    award the contract to request a review, at a level above the
    contracting officer, of any decision by a contracting officer that
    is alleged to have violated a statute or regulation and, thereby,
    caused prejudice to the protester; and
      (d) except where immediate contract award or performance is
    justified for urgent and compelling reasons or is determined to be
    in the best interest of the United States, prohibit award or
    performance of the contract while a timely filed protest is pending
    before the agency. To allow for the withholding of a contract award
    or performance, the agency must have received notice of the protest
    within either 10 calendar days after the contract award or 5
    calendar days after the bidder or offeror who is protesting the
    contract award was given the opportunity to be debriefed by the
    agency, whichever date is later.
      Sec. 2. The Administrator for Federal Procurement Policy shall:
    (a) work with the heads of executive agencies to provide policy
    guidance and leadership necessary to implement provisions of this
    order; and
      (b) review and evaluate agency experience and performance under
    this order, and report on any findings to the President within 2
    years from the date of this order.
      Sec. 3. The Administrator of General Services, the Secretary of
    Defense, and the Administrator of the National Aeronautics and
    Space Administration, in coordination with the Office of Federal
    Procurement Policy, shall amend the Federal Acquisition Regulation,
    48 C.F.R. 1, within 180 days of the date of this order to further
    the purposes of this order.
                                                     William J. Clinton.

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

-End-



-CITE-
    41 USC Sec. 253c                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253c. Encouragement of new competition

-STATUTE-
    (a) "Qualification requirement" defined
      In this section, "qualification requirement" means a requirement
    for testing or other quality assurance demonstration that must be
    completed by an offeror before award of a contract.
    (b) Agency head; functions; prior to enforcement of qualification
      requirement
      Except as provided in subsection (c) of this section, the head of
    the agency shall, before enforcing any qualification requirement - 
        (1) prepare a written justification stating the necessity for
      establishing the qualification requirement and specify why the
      qualification requirement must be demonstrated before contract
      award;
        (2) specify in writing and make available to a potential
      offeror upon request all requirements which a prospective
      offeror, or its product, must satisfy in order to become
      qualified, such requirements to be limited to those least
      restrictive to meet the purposes necessitating the establishment
      of the qualification requirement;
        (3) specify an estimate of the costs of testing and evaluation
      likely to be incurred by a potential offeror in order to become
      qualified;
        (4) ensure that a potential offeror is provided, upon request,
      a prompt opportunity to demonstrate at its own expense (except as
      provided in subsection (d) of this section) its ability to meet
      the standards specified for qualification using qualified
      personnel and facilities of the agency concerned or of another
      agency obtained through interagency agreement, or under contract,
      or other methods approved by the agency (including use of
      approved testing and evaluation services not provided under
      contract to the agency);
        (5) if testing and evaluation services are provided under
      contract to the agency for the purposes of clause (4), provide to
      the extent possible that such services be provided by a
      contractor who is not expected to benefit from an absence of
      additional qualified sources and who shall be required in such
      contract to adhere to any restriction on technical data asserted
      by the potential offeror seeking qualification; and
        (6) ensure that a potential offeror seeking qualification is
      promptly informed as to whether qualification is attained and, in
      the event qualification is not attained, is promptly furnished
      specific information why qualification was not attained.
    (c) Applicability; waiver authority; referral of offers
      (1) Subsection (b) of this section does not apply with respect to
    a qualification requirement established by statute prior to October
    30, 1984.
      (2) Except as provided in paragraph (3), if it is unreasonable to
    specify the standards for qualification which a prospective offeror
    or its product must satisfy, a determination to that effect shall
    be submitted to the advocate for competition of the procuring
    activity responsible for the purchase of the item subject to the
    qualification requirement. After considering any comments of the
    advocate for competition reviewing such determination, the head of
    the procuring activity may waive the requirements of paragraphs (2)
    through (5) of subsection (b) of this section for up to two years
    with respect to the item subject to the qualification requirement.
      (3) The waiver authority contained in paragraph (2) shall not
    apply with respect to any qualified products list.
      (4) A potential offeror may not be denied the opportunity to
    submit and have considered an offer for a contract solely because
    the potential offeror has not been identified as meeting a
    qualification requirement, if the potential offeror can demonstrate
    to the satisfaction of the contracting officer that the potential
    offeror or its product meets the standards established for
    qualification or can meet such standards before the date specified
    for award of the contract.
      (5) Nothing contained in this subsection requires the referral of
    an offer to the Small Business Administration pursuant to section
    637(b)(7) of title 15 if the basis for the referral is a challenge
    by the offeror to either the validity of the qualification
    requirement or the offeror's compliance with such requirement.
      (6) The head of an agency need not delay a proposed procurement
    in order to comply with subsection (b) of this section or in order
    to provide a potential offeror with an opportunity to demonstrate
    its ability to meet the standards specified for qualification.
    (d) Number; qualified sources or products; fewer than two actual
      manufacturers; functions of agency head
      (1) If the number of qualified sources or qualified products
    available to compete actively for an anticipated future requirement
    is fewer than two actual manufacturers or the products of two
    actual manufacturers, respectively, the head of the agency
    concerned shall - 
        (A) periodically publish notice in the Commerce Business Daily
      soliciting additional sources or products to seek qualification,
      unless the contracting officer determines that such publication
      would compromise national security; and
        (B) bear the cost of conducting the specified testing and
      evaluation (excluding the costs associated with producing the
      item or establishing the production, quality control, or other
      system to be tested and evaluated) for a small business concern
      or a product manufactured by a small business concern which has
      met the standards specified for qualification and which could
      reasonably be expected to compete for a contract for that
      requirement, but such costs may be borne only if the head of the
      agency determines that such additional qualified sources or
      products are likely to result in cost savings from increased
      competition for future requirements sufficient to offset (within
      a reasonable period of time considering the duration and dollar
      value of anticipated future requirements) the costs incurred by
      the agency.

      (2) The head of an agency shall require a prospective contractor
    requesting the United States to bear testing and evaluation costs
    under paragraph (1)(B) to certify as to its status as a small
    business concern under section 632 of title 15.
    (e) Examination; need for qualification requirement
      Within seven years after the establishment of a qualification
    requirement, the need for such qualification requirement shall be
    examined and the standards of such requirement revalidated in
    accordance with the requirements of subsection (b) of this section.
    The preceding sentence does not apply in the case of a
    qualification requirement for which a waiver is in effect under
    subsection (c)(2) of this section.
    (f) Enforcement determination by agency head
      Except in an emergency as determined by the head of the agency,
    whenever the head of the agency determines not to enforce a
    qualification requirement for a solicitation, the agency may not
    thereafter enforce that qualification requirement unless the agency
    complies with the requirements of subsection (b) of this section.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303C, formerly Sec. 303D,
    as added Pub. L. 98-577, title II, Sec. 202(a), Oct. 30, 1984, 98
    Stat. 3069; renumbered Sec. 303C, Pub. L. 99-145, title XIII, Sec.
    1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 202(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [enacting this section] shall apply with
    respect to solicitations issued more than 180 days after the date
    of enactment of this Act [Oct. 30, 1984]."

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

-End-



-CITE-
    41 USC Sec. 253d                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253d. Validation of proprietary data restrictions

-STATUTE-
    (a) Contracts; delivery of technical services; contents
      A contract for property or services entered into by an executive
    agency which provides for the delivery of technical data, shall
    provide that - 
        (1) a contractor or subcontractor at any tier shall be prepared
      to furnish to the contracting officer a written justification for
      any restriction asserted by the contractor or subcontractor on
      the right of the United States to use such technical data; and
        (2) the contracting officer may review the validity of any
      restriction asserted by the contractor or by a subcontractor
      under the contract on the right of the United States to use
      technical data furnished to the United States under the contract
      if the contracting officer determines that reasonable grounds
      exist to question the current validity of the asserted
      restriction and that the continued adherence to the asserted
      restriction by the United States would make it impracticable to
      procure the item competitively at a later time.
    (b) Review; challenge; notice
      If after such review the contracting officer determines that a
    challenge to the asserted restriction is warranted, the contracting
    officer shall provide written notice to the contractor or
    subcontractor asserting the restriction. Such notice shall state - 
        (1) the grounds for challenging the asserted restriction; and
        (2) the requirement for a response within 60 days justifying
      the current validity of the asserted restriction.
    (c) Written request; additional time; schedule of responses
      If a contractor or subcontractor asserting a restriction subject
    to this section submits to the contracting officer a written
    request, showing the need for additional time to comply with the
    requirement to justify the current validity of the asserted
    restriction, additional time to adequately permit the submission of
    such justification shall be provided by the contracting officer as
    appropriate. If a party asserting a restriction receives notices of
    challenges to restrictions on technical data from more than one
    contracting officer, and notifies each contracting officer of the
    existence of more than one challenge, the contracting officer
    initiating the first in time challenge, after consultation with the
    party asserting the restriction and the other contracting officers,
    shall formulate a schedule of responses to each of the challenges
    that will afford the party asserting the restriction with an
    equitable opportunity to respond to each such challenge.
    (d) Decision; validity of asserted restriction; failure to submit
      response
      (1) Upon a failure by the contractor or subcontractor to submit
    any response under subsection (b) of this section, the contracting
    officer shall issue a decision pertaining to the validity of the
    asserted restriction.
      (2) If a justification is submitted in response to the notice
    provided pursuant to subsection (b) of this section, a contracting
    officer shall within 60 days of receipt of any justification
    submitted, issue a decision or notify the party asserting the
    restriction of the time within which a decision will be issued.
    (e) Claim; considered claim within Contract Disputes Act of 1978
      If a claim pertaining to the validity of the asserted restriction
    is submitted in writing to a contracting officer by a contractor or
    subcontractor at any tier, such claim shall be considered a claim
    within the meaning of the Contract Disputes Act of 1978 (41 U.S.C.
    601 et seq.).
    (f) Challenge; use of technical data; sustained; liability of
      United States for costs and fees
      (1) If, upon final disposition, the contracting officer's
    challenge to the restriction on the right of the United States to
    use such technical data is sustained - 
        (A) the restriction on the right of the United States to use
      the technical data shall be cancelled; and
        (B) if the asserted restriction is found not to be
      substantially justified, the contractor or subcontractor, as
      appropriate, shall be liable to the United States for payment of
      the cost to the United States of reviewing the asserted
      restriction and the fees and other expenses (as defined in
      section 2412(d)(2)(A) of title 28) incurred by the United States
      in challenging the asserted restriction, unless special
      circumstances would make such payment unjust.

      (2) If, upon final disposition, the contracting officer's
    challenge to the restriction on the right of the United States to
    use such technical data is not sustained - 
        (A) the United States shall continue to be bound by the
      restriction; and
        (B) the United States shall be liable for payment to the party
      asserting the restriction for fees and other expenses (as defined
      in section 2412(d)(2)(A) of title 28) incurred by the party
      asserting the restriction in defending the asserted restriction
      if the challenge by the United States is found not to be made in
      good faith.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303D, formerly Sec. 303E,
    as added Pub. L. 98-577, title II, Sec. 203(a), Oct. 30, 1984, 98
    Stat. 3071; renumbered Sec. 303D, Pub. L. 99-145, title XIII, Sec.
    1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Contract Disputes Act of 1978, referred to in subsec. (e), is
    Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is
    classified principally to chapter 9 (Sec. 601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 601 of this title and
    Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section 203(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [enacting this section] shall apply with
    respect to solicitations issued more than 60 days after the date of
    the enactment of this Act [Oct. 30, 1984]."

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

-End-



-CITE-
    41 USC Sec. 253e                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253e. Repealed.

-MISC1-
    Sec. 253e. Repealed. Pub. L. 103-355, title I, Sec. 1252, Oct. 13,
      1994, 108 Stat. 3284.
      Section, act June 30, 1949, ch. 288, title III, Sec. 303E,
    formerly Sec. 303F, as added Oct. 30, 1984, Pub. L. 98-577, title
    II, Sec. 204(a), 98 Stat. 3072; renumbered Sec. 303E, Nov. 8, 1985,
    Pub. L. 99-145, title XIII, Sec. 1304(c)(4)(A), 99 Stat. 742,
    related to commercial pricing for supplies.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, 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. 253f                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253f. Economic order quantities

-STATUTE-
    (a) Procurement of supplies; costs advantageous to United States
      Each executive agency shall procure supplies in such quantity as
    (A) will result in the total cost and unit cost most advantageous
    to the United States, where practicable, and (B) does not exceed
    the quantity reasonably expected to be required by the agency.
    (b) Opinions; economic advantage to United States
      Each solicitation for a contract for supplies shall, if
    practicable, include a provision inviting each offeror responding
    to the solicitation to state an opinion on whether the quantity of
    the supplies proposed to be procured is economically advantageous
    to the United States and, if applicable, to recommend a quantity or
    quantities which would be more economically advantageous to the
    United States. Each such recommendation shall include a quotation
    of the total price and the unit price for supplies procured in each
    recommended quantity.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303F, formerly Sec. 303G,
    as added Pub. L. 98-577, title II, Sec. 205(a), Oct. 30, 1984, 98
    Stat. 3073; renumbered Sec. 303F, Pub. L. 99-145, title XIII, Sec.
    1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 205(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [enacting this section] shall take effect at
    the end of the 180-day period beginning on the date of the
    enactment of this Act [Oct. 30, 1984]."

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

-End-



-CITE-
    41 USC Sec. 253g                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253g. Prohibition of contractors limiting subcontractor sales
      directly to United States

-STATUTE-
    (a) Contract restrictions
      Each contract for the purchase of property or services made by an
    executive agency shall provide that the contractor will not - 
        (1) enter into any agreement with a subcontractor under the
      contract that has the effect of unreasonably restricting sales by
      the subcontractor directly to the United States of any item or
      process (including computer software) made or furnished by the
      subcontractor under the contract (or any follow-on production
      contract); or
        (2) otherwise act to restrict unreasonably the ability of a
      subcontractor to make sales to the United States described in
      clause (1).
    (b) Rights under law
      This section does not prohibit a contractor from asserting rights
    it otherwise has under law.
    (c) Inapplicability to certain contracts
      This section does not apply to a contract for an amount that is
    not greater than the simplified acquisition threshold.
    (d) Inapplicability when Government treated similarly to other
      purchasers
      An agreement between the contractor in a contract for the
    acquisition of commercial items and a subcontractor under such
    contract that restricts sales by such subcontractor directly to
    persons other than the contractor may not be considered to
    unreasonably restrict sales by that subcontractor to the United
    States in violation of the provision included in such contract
    pursuant to subsection (a) of this section if the agreement does
    not result in the Federal Government being treated differently with
    regard to the restriction than any other prospective purchaser of
    such commercial items from that subcontractor.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303G, formerly Sec. 303H,
    as added Pub. L. 98-577, title II, Sec. 206(a), Oct. 30, 1984, 98
    Stat. 3073; renumbered Sec. 303G, Pub. L. 99-145, title XIII, Sec.
    1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742; amended Pub. L. 103-355,
    title IV, Sec. 4103(b), title VIII, Sec. 8204(a), Oct. 13, 1994,
    108 Stat. 3341, 3396.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-355, Sec. 4103(b), added subsec.
    (c).
      Subsec. (d). Pub. L. 103-355, Sec. 8204(a), added subsec. (d).

                     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                          
      Section 206(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [enacting this section] shall apply with
    respect to solicitations made more than 180 days after the date of
    enactment of this Act [Oct. 30, 1984]."

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

-End-



-CITE-
    41 USC Sec. 253h                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253h. Task and delivery order contracts: general authority

-STATUTE-
    (a) Authority to award
      Subject to the requirements of this section, section 253j of this
    title, and other applicable law, the head of an executive agency
    may enter into a task or delivery order contract (as defined in
    section 253k of this title) for procurement of services or
    property.
    (b) Solicitation
      The solicitation for a task or delivery order contract shall
    include the following:
        (1) The period of the contract, including the number of options
      to extend the contract and the period for which the contract may
      be extended under each option, if any.
        (2) The maximum quantity or dollar value of the services or
      property to be procured under the contract.
        (3) A statement of work, specifications, or other description
      that reasonably describes the general scope, nature, complexity,
      and purposes of the services or property to be procured under the
      contract.
    (c) Applicability of restriction on use of noncompetitive
      procedures
      The head of an executive agency may use procedures other than
    competitive procedures to enter into a task or delivery order
    contract under this section only if an exception in subsection (c)
    of section 253 of this title applies to the contract and the use of
    such procedures is approved in accordance with subsection (f) of
    such section.
    (d) Single and multiple contract awards
      (1) The head of an executive agency may exercise the authority
    provided in this section - 
        (A) to award a single task or delivery order contract; or
        (B) if the solicitation states that the head of the executive
      agency has the option to do so, to award separate task or
      delivery order contracts for the same or similar services or
      property to two or more sources.

      (2) No determination under section 253(b) of this title is
    required for an award of multiple task or delivery order contracts
    under paragraph (1)(B).
      (3) The regulations implementing this subsection shall - 
        (A) establish a preference for awarding, to the maximum extent
      practicable, multiple task or delivery order contracts for the
      same or similar services or property under the authority of
      paragraph (1)(B); and
        (B) establish criteria for determining when award of multiple
      task or delivery order contracts would not be in the best
      interest of the Federal Government.
    (e) Contract modifications
      A task or delivery order may not increase the scope, period, or
    maximum value of the task or delivery order contract under which
    the order is issued. The scope, period, or maximum value of the
    contract may be increased only by modification of the contract.
    (f) Inapplicability to contracts for advisory and assistance
      services
      Except as otherwise specifically provided in section 253i of this
    title, this section does not apply to a task or delivery order
    contract for the acquisition of advisory and assistance services
    (as defined in section 1105(g) of title 31).
    (g) Relationship to other contracting authority
      Nothing in this section may be construed to limit or expand any
    authority of the head of an executive agency or the Administrator
    of General Services to enter into schedule, multiple award, or task
    or delivery order contracts under any other provision of law.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303H, as added Pub. L. 103-
    355, title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3261.)


-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.

                               CONSTRUCTION                           
      Section 1054(b) of Pub. L. 103-355 provided that: "Nothing in
    section 303H, 303I, 303J, or 303K of the Federal Property and
    Administrative Services Act of 1949 [41 U.S.C. 253h, 253i, 253j,
    253k], as added by subsection (a), shall be construed as modifying
    or superseding, or as intended to impair or restrict, authorities
    or responsibilities under - 
        "(1) the Brooks Automatic Data Processing Act (section 111 of
      the Federal Property and Administrative Services Act of 1949
      ([former] 40 U.S.C. 759)); and
        "(2) the Brooks Architect-Engineers Act (title IX of the
      Federal Property and Administrative Services Act of 1949 (40
      U.S.C. 541 et seq.) [now 40 U.S.C. 1101-1104])."

        GUIDANCE ON USE OF TASK ORDER AND DELIVERY ORDER CONTRACTS    
      Pub. L. 106-65, div. A, title VIII, Sec. 804, Oct. 5, 1999, 113
    Stat. 704, provided that:
      "(a) Guidance in the Federal Acquisition Regulation. - Not later
    than 180 days after the date of the enactment of this Act [Oct. 5,
    1999], the Federal Acquisition Regulation issued in accordance with
    sections 6 and 25 of the Office of Federal Procurement Policy Act
    (41 U.S.C. 405 and 421) shall be revised to provide guidance to
    agencies on the appropriate use of task order and delivery order
    contracts in accordance with sections 2304a through 2304d of title
    10, United States Code, and sections 303H through 303K of the
    Federal Property and Administrative Services Act of 1949 (41 U.S.C.
    253h through 253k).
      "(b) Content of Guidance. - The regulations issued pursuant to
    subsection (a) shall, at a minimum, provide the following:
        "(1) Specific guidance on the appropriate use of governmentwide
      and other multiagency contracts entered into in accordance with
      the provisions of law referred to in that subsection.
        "(2) Specific guidance on steps that agencies should take in
      entering into and administering multiple award task order and
      delivery order contracts to ensure compliance with - 
          "(A) the requirement in section 5122 of the Clinger-Cohen Act
        (40 U.S.C. 1422) [now 40 U.S.C. 11312] for capital planning and
        investment control in purchases of information technology
        products and services;
          "(B) the requirement in section 2304c(b) of title 10, United
        States Code, and section 303J(b) of the Federal Property and
        Administrative Services Act of 1949 (41 U.S.C. 253j(b)) to
        ensure that all contractors are afforded a fair opportunity to
        be considered for the award of task orders and delivery orders;
        and
          "(C) the requirement in section 2304c(c) of title 10, United
        States Code, and section 303J(c) of the Federal Property and
        Administrative Services Act of 1949 (41 U.S.C. 253j(c)) for a
        statement of work in each task order or delivery order issued
        that clearly specifies all tasks to be performed or property to
        be delivered under the order.
      "(c) GSA Federal Supply Schedules Program. - The Administrator
    for Federal Procurement Policy shall consult with the Administrator
    of General Services to assess the effectiveness of the multiple
    awards schedule program of the General Services Administration
    referred to in section 309(b)(3) of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 259(b)(3)) that is
    administered as the Federal Supply Schedules program. The
    assessment shall include examination of the following:
        "(1) The administration of the program by the Administrator of
      General Services.
        "(2) The ordering and program practices followed by Federal
      customer agencies in using schedules established under the
      program.
      "(d) GAO Report. - Not later than one year after the date on
    which the regulations required by subsection (a) are published in
    the Federal Register, the Comptroller General shall submit to
    Congress an evaluation of - 
        "(1) executive agency compliance with the regulations; and
        "(2) conformance of the regulations with existing law, together
      with any recommendations that the Comptroller General considers
      appropriate."

-End-



-CITE-
    41 USC Sec. 253i                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253i. Task order contracts: advisory and assistance services

-STATUTE-
    (a) Authority to award
      (1) Subject to the requirements of this section, section 253j of
    this title, and other applicable law, the head of an executive
    agency may enter into a task order contract (as defined in section
    253k of this title) for procurement of advisory and assistance
    services.
      (2) The head of an executive agency may enter into a task order
    contract for advisory and assistance services only under the
    authority of this section.
    (b) Limitation on contract period
      The period of a task order contract entered into under this
    section, including all periods of extensions of the contract under
    options, modifications, or otherwise, may not exceed five years
    unless a longer period is specifically authorized in a law that is
    applicable to such contract.
    (c) Content of notice
      The notice required by section 416 of this title and section
    637(e) of title 15 shall reasonably and fairly describe the general
    scope, magnitude, and duration of the proposed task order contract
    in a manner that would reasonably enable a potential offeror to
    decide whether to request the solicitation and consider submitting
    an offer.
    (d) Required content of solicitation and contract
      (1) The solicitation shall include the information (regarding
    services) described in section 253h(b) of this title.
      (2) A task order contract entered into under this section shall
    contain the same information that is required by paragraph (1) to
    be included in the solicitation of offers for that contract.
    (e) Multiple awards
      (1) The head of an executive agency may, on the basis of one
    solicitation, award separate task order contracts under this
    section for the same or similar services to two or more sources if
    the solicitation states that the head of the executive agency has
    the option to do so.
      (2) If, in the case of a task order contract for advisory and
    assistance services to be entered into under the authority of this
    section, the contract period is to exceed three years and the
    contract amount is estimated to exceed $10,000,000 (including all
    options), the solicitation shall - 
        (A) provide for a multiple award authorized under paragraph
      (1); and
        (B) include a statement that the head of the executive agency
      may also elect to award only one task order contract if the head
      of the executive agency determines in writing that only one of
      the offerers is capable of providing the services required at the
      level of quality required.

      (3) Paragraph (2) does not apply in the case of a solicitation
    for which the head of the executive agency concerned determines in
    writing that, because the services required under the contract are
    unique or highly specialized, it is not practicable to award more
    than one contract.
    (f) Contract modifications
      (1) A task order may not increase the scope, period, or maximum
    value of the task order contract under which the order is issued.
    The scope, period, or maximum value of the contract may be
    increased only by modification of the contract.
      (2) Unless use of procedures other than competitive procedures is
    authorized by an exception in subsection (c) of section 253 of this
    title and approved in accordance with subsection (f) of such
    section, competitive procedures shall be used for making such a
    modification.
      (3) Notice regarding the modification shall be provided in
    accordance with section 416 of this title and section 637(e) of
    title 15.
    (g) Contract extensions
      (1) Notwithstanding the limitation on the contract period set
    forth in subsection (b) of this section or in a solicitation or
    contract pursuant to subsection (e) of this section, a contract
    entered into by the head of an executive agency under this section
    may be extended on a sole-source basis for a period not exceeding
    six months if the head of such executive agency determines that - 
        (A) the award of a follow-on contract has been delayed by
      circumstances that were not reasonably foreseeable at the time
      the initial contract was entered into; and
        (B) the extension is necessary in order to ensure continuity of
      the receipt of services pending the award of, and commencement of
      performance under, the follow-on contract.

      (2) A task order contract may be extended under the authority of
    paragraph (1) only once and only in accordance with the limitations
    and requirements of this subsection.
    (h) Inapplicability to certain contracts
      This section does not apply to a contract for the acquisition of
    property or services that includes acquisition of advisory and
    assistance services if the head of the executive agency entering
    into such contract determines that, under the contract, advisory
    and assistance services are necessarily incident to, and not a
    significant component of, the contract.
    (i) "Advisory and assistance services" defined
      In this section, the term "advisory and assistance services" has
    the meaning given such term in section 1105(g) of title 31.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303I, as added Pub. L. 103-
    355, title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3262.)


-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.

                               CONSTRUCTION                           
      Section not to be construed as modifying or superseding, or as
    intended to impair or restrict, authorities or responsibilities
    under former 40 U.S.C. 759 or subchapter VI (Sec. 541 et seq.) of
    chapter 10 of former title 40 [now 40 U.S.C. 1101-1104], see
    section 1054(b) of Pub. L. 103-355, set out as a note under section
    253h of this title.

    WAIVERS TO EXTEND TASK ORDER CONTRACTS FOR ADVISORY AND ASSISTANCE
                                 SERVICES
      Pub. L. 109-364, div. A, title VIII, Sec. 834, Oct. 17, 2006, 120
    Stat. 2332, provided that:
      "(a) Defense Contracts. - 
        "(1) Waiver authority. - The head of an agency may issue a
      waiver to extend a task order contract entered into under section
      2304b of title 10, United States Code, for a period not exceeding
      10 years, through five one-year options, if the head of the
      agency determines in writing - 
          "(A) that the contract provides engineering or technical
        services of such a unique and substantial technical nature that
        award of a new contract would be harmful to the continuity of
        the program for which the services are performed;
          "(B) that award of a new contract would create a large
        disruption in services provided to the Department of Defense;
        and
          "(C) that the Department of Defense would, through award of a
        new contract, endure program risk during critical program
        stages due to loss of program corporate knowledge of ongoing
        program activities.
        "(2) Delegation. - The authority of the head of an agency under
      paragraph (1) may be delegated only to the senior procurement
      executive of the agency.
        "(3) Report. - Not later than April 1, 2007, the Secretary of
      Defense shall submit to the Committees on Armed Services of the
      Senate and the House of Representatives a report on advisory and
      assistance services. The report shall include the following
      information:
          "(A) The methods used by the Department of Defense to
        identify a contract as an advisory and assistance services
        contract, as defined in section 2304b of title 10, United
        States Code.
          "(B) The number of such contracts awarded by the Department
        during the five-year period preceding the date of the enactment
        of this Act [Oct. 17, 2006].
          "(C) The average annual expenditures by the Department for
        such contracts.
          "(D) The average length of such contracts.
          "(E) The number of such contracts recompeted and awarded to
        the previous award winner.
        "(4) Prohibition on use of authority by department of defense
      if report not submitted. - The head of an agency may not issue a
      waiver under paragraph (1) if the report required by paragraph
      (3) is not submitted by the date set forth in that paragraph.
      "(b) Civilian Agency Contracts. - 
        "(1) Waiver authority. - The head of an executive agency may
      issue a waiver to extend a task order contract entered into under
      section 303I of the Federal Property and Administrative Services
      Act of 1949 (41 U.S.C. 253i) for a period not exceeding 10 years,
      through five one-year options, if the head of the agency
      determines in writing - 
          "(A) that the contract provides engineering or technical
        services of such a unique and substantial technical nature that
        award of a new contract would be harmful to the continuity of
        the program for which the services are performed;
          "(B) that award of a new contract would create a large
        disruption in services provided to the executive agency; and
          "(C) that the executive agency would, through award of a new
        contract, endure program risk during critical program stages
        due to loss of program corporate knowledge of ongoing program
        activities.
        "(2) Delegation. - The authority of the head of an executive
      agency under paragraph (1) may be delegated only to the Chief
      Acquisition Officer of the agency (or the senior procurement
      executive in the case of an agency for which a Chief Acquisition
      Officer has not been appointed or designated under section 16(a)
      of the Office of Federal Procurement Policy Act (41 U.S.C.
      414(a))).
        "(3) Report. - Not later than April 1, 2007, the Administrator
      for Federal Procurement Policy shall submit to the Committee on
      Homeland Security and Governmental Affairs of the Senate and the
      Committee on Government Reform of the House of Representatives a
      report on advisory and assistance services. The report shall
      include the following information:
          "(A) The methods used by executive agencies to identify a
        contract as an advisory and assistance services contract, as
        defined in section 303I(i) of the Federal Property and
        Administrative Services Act of 1949 (41 U.S.C. 253i(i)).
          "(B) The number of such contracts awarded by each executive
        agency during the five-year period preceding the date of the
        enactment of this Act [Oct. 17, 2006].
          "(C) The average annual expenditures by each executive agency
        for such contracts.
          "(D) The average length of such contracts.
          "(E) The number of such contracts recompeted and awarded to
        the previous award winner.
        "(4) Prohibition on use of authority by executive agencies if
      report not submitted. - The head of an executive agency may not
      issue a waiver under paragraph (1) if the report required by
      paragraph (3) is not submitted by the date set forth in that
      paragraph.
      "(c) Termination of Authority. - A waiver may not be issued under
    this section after December 31, 2011.
      "(d) Comptroller General Review. - 
        "(1) Report requirement. - Not later than one year after the
      date of the enactment of this Act [Oct. 17, 2006], the
      Comptroller General shall submit to the committees described in
      paragraph (3) a report on the use of advisory and assistance
      services contracts by the Federal Government.
        "(2) Defense and civilian agency contracts covered. - The
      report shall cover both of the following:
          "(A) Advisory and assistance services contracts as defined in
        section 2304b of title 10, United States Code.
          "(B) Advisory and assistance services contracts as defined in
        section 303I(i) of the Federal Property and Administrative
        Services Act of 1949 (41 U.S.C. 253i(i)).
        "(3) Matters covered. - The report shall address the following
      issues:
          "(A) The extent to which executive agencies and elements of
        the Department of Defense require advisory and assistance
        services for periods of greater than five years.
          "(B) The extent to which such advisory and assistance
        services are provided by the same contractors under recurring
        contracts.
          "(C) The rationale for contracting for advisory and
        assistance services that will be needed on a continuing basis,
        rather than performing the services inside the Federal
        Government.
          "(D) The contract types and oversight mechanisms used by the
        Federal Government in contracts for advisory and assistance
        services and the extent to which such contract types and
        oversight mechanisms are adequate to protect the interests of
        the Government and taxpayers.
          "(E) The actions taken by the Federal Government to prevent
        organizational conflicts of interest and improper personal
        services contracts in its contracts for advisory and assistance
        services.
        "(4) Committees. - The committees described in this paragraph
      are the following:
          "(A) The Committees on Armed Services and on Homeland
        Security and Governmental Affairs of the Senate.
          "(B) The Committees on Armed Services and on Government
        Reform of the House of Representatives."

-End-



-CITE-
    41 USC Sec. 253j                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253j. Task and delivery order contracts: orders

-STATUTE-
    (a) Issuance of orders
      The following actions are not required for issuance of a task or
    delivery order under a task or delivery order contract:
        (1) A separate notice for such order under section 416 of this
      title or section 637(e) of title 15.
        (2) Except as provided in subsection (b) of this section, a
      competition (or a waiver of competition approved in accordance
      with section 253(f) of this title) that is separate from that
      used for entering into the contract.
    (b) Multiple award contracts
      When multiple contracts are awarded under section 253h(d)(1)(B)
    or 253i(e) of this title, all contractors awarded such contracts
    shall be provided a fair opportunity to be considered, pursuant to
    procedures set forth in the contracts, for each task or delivery
    order in excess of $2,500 that is to be issued under any of the
    contracts unless - 
        (1) the executive agency's need for the services or property
      ordered is of such unusual urgency that providing such
      opportunity to all such contractors would result in unacceptable
      delays in fulfilling that need;
        (2) only one such contractor is capable of providing the
      services or property required at the level of quality required
      because the services or property ordered are unique or highly
      specialized;
        (3) the task or delivery order should be issued on a sole-
      source basis in the interest of economy and efficiency because
      it is a logical follow-on to a task or delivery order already
      issued on a competitive basis; or
        (4) it is necessary to place the order with a particular
      contractor in order to satisfy a minimum guarantee.
    (c) Statement of work
      A task or delivery order shall include a statement of work that
    clearly specifies all tasks to be performed or property to be
    delivered under the order.
    (d) Protests
      A protest is not authorized in connection with the issuance or
    proposed issuance of a task or delivery order except for a protest
    on the ground that the order increases the scope, period, or
    maximum value of the contract under which the order is issued.
    (e) Task and delivery order ombudsman
      The head of each executive agency who awards multiple task or
    delivery order contracts pursuant to section 253h(d)(1)(B) or
    253i(e) of this title shall appoint or designate a task and
    delivery order ombudsman who shall be responsible for reviewing
    complaints from the contractors on such contracts and ensuring that
    all of the contractors are afforded a fair opportunity to be
    considered for task or delivery orders when required under
    subsection (b) of this section. The task and delivery order
    ombudsman shall be a senior agency official who is independent of
    the contracting officer for the contracts and may be the executive
    agency's competition advocate.
    (f) Applicability
      This section applies to task and delivery order contracts entered
    into under sections 253h and 253i of this title.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303J, as added Pub. L. 103-
    355, title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3264.)


-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.

                               CONSTRUCTION                           
      Section not to be construed as modifying or superseding, or as
    intended to impair or restrict, authorities or responsibilities
    under former 40 U.S.C. 759 or subchapter VI (Sec. 541 et seq.) of
    chapter 10 of former title 40 [now 40 U.S.C. 1101-1104], see
    section 1054(b) of Pub. L. 103-355, set out as a note under section
    253h of this title.

-End-



-CITE-
    41 USC Sec. 253k                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253k. Task and delivery order contracts: definitions

-STATUTE-
      In sections 253h, 253i, and 253j of this title:
        (1) The term "task order contract" means a contract for
      services that does not procure or specify a firm quantity of
      services (other than a minimum or maximum quantity) and that
      provides for the issuance of orders for the performance of tasks
      during the period of the contract.
        (2) The term "delivery order contract" means a contract for
      property that does not procure or specify a firm quantity of
      property (other than a minimum or maximum quantity) and that
      provides for the issuance of orders for the delivery of property
      during the period of the contract.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303K, as added Pub. L. 103-
    355, title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3265.)


-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.

                               CONSTRUCTION                           
      Section not to be construed as modifying or superseding, or as
    intended to impair or restrict, authorities or responsibilities
    under former 40 U.S.C. 759 or subchapter VI (Sec. 541 et seq.) of
    chapter 10 of former title 40 [now 40 U.S.C. 1101-1104], see
    section 1054(b) of Pub. L. 103-355, set out as a note under section
    253h of this title.

-End-



-CITE-
    41 USC Sec. 253l                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l. Severable services contracts for periods crossing fiscal
      years

-STATUTE-
    (a) Authority
      The head of an executive agency may enter into a contract for
    procurement of severable services for a period that begins in one
    fiscal year and ends in the next fiscal year if (without regard to
    any option to extend the period of the contract) the contract
    period does not exceed one year.
    (b) Obligation of funds
      Funds made available for a fiscal year may be obligated for the
    total amount of a contract entered into under the authority of
    subsection (a) of this section.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303L, as added Pub. L. 103-
    355, title I, Sec. 1073, Oct. 13, 1994, 108 Stat. 3271; amended
    Pub. L. 104-106, div. D, title XLIII, Sec. 4321(a)(1), Feb. 10,
    1996, 110 Stat. 671.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-106 made technical correction to directory
    language of Pub. L. 103-355, Sec. 1073, which enacted this section.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 4321(a) of Pub. L. 104-106 provided that the amendment
    made by that section is effective as of Oct. 13, 1994, and as if
    included in Pub. L. 103-355.

                              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. 253l-1                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-1. Contract authority of Comptroller General

-STATUTE-
      The Comptroller General may use available funds, now and
    hereafter, to enter into contracts for the acquisition of severable
    services for a period that begins in one fiscal year and ends in
    the next fiscal year and to enter in multiyear contracts for the
    acquisition of property and nonaudit-related services, to the same
    extent as executive agencies under the authority of sections 253l
    and 254c, respectively, of this title.

-SOURCE-
    (Pub. L. 105-18, title II, Sec. 7004, June 12, 1997, 111 Stat.
    192.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253l-2                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-2. Contract authority of Library of Congress

-STATUTE-
      The Library of Congress may use available funds, now and
    hereafter, to enter into contracts for the lease or acquisition of
    severable services for a period that begins in one fiscal year and
    ends in the next fiscal year and to enter into multi-year contracts
    for the acquisition of property and services pursuant to sections
    253l and 254c of this title, respectively.

-SOURCE-
    (Pub. L. 106-57, title II, Sec. 207, Sept. 29, 1999, 113 Stat.
    423.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253l-3                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-3. Contract authority of Chief Administrative Officer of
      the House of Representatives

-STATUTE-
      During fiscal year 2001 and any succeeding fiscal year, the Chief
    Administrative Officer of the House of Representatives may - 
        (1) enter into contracts for the acquisition of severable
      services for a period that begins in 1 fiscal year and ends in
      the next fiscal year to the same extent as the head of an
      executive agency under the authority of section 253l of this
      title; and
        (2) enter into multiyear contracts for the acquisitions of
      property and nonaudit-related services to the same extent as
      executive agencies under the authority of section 254c of this
      title.

-SOURCE-
    (Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 101], Dec. 21, 2000,
    114 Stat. 2763, 2763A-100.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253l-4                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-4. Contract authority of Congressional Budget Office

-STATUTE-
      Beginning on December 21, 2000, and hereafter, the Congressional
    Budget Office may use available funds to enter into contracts for
    the procurement of severable services for a period that begins in
    one fiscal year and ends in the next fiscal year and may enter into
    multi-year contracts for the acquisition of property and services,
    to the same extent as executive agencies under the authority of
    section (!1) 253l and 254c, respectively, of this title.


-SOURCE-
    (Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 110], Dec. 21, 2000,
    114 Stat. 2763, 2763A-108.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "sections".


-End-



-CITE-
    41 USC Sec. 253l-5                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-5. Contract authority of Secretary and Sergeant at Arms
      and Doorkeeper of the Senate

-STATUTE-
      (a) Subject to regulations prescribed by the Committee on Rules
    and Administration of the Senate, the Secretary and the Sergeant at
    Arms and Doorkeeper of the Senate may - 
        (1) enter into contracts for the acquisition of severable
      services for a period that begins in one fiscal year and ends in
      the next fiscal year to the same extent and under the same
      conditions as the head of an executive agency under the authority
      of section 253l of this title; and
        (2) enter into multiyear contracts for the acquisition of
      property and services to the same extent and under the same
      conditions as the head of an executive agency under the authority
      of section 254c of this title.

      (b) This section shall take effect on October 1, 2002, and shall
    apply in fiscal year 2003 and successive fiscal years.

-SOURCE-
    (Pub. L. 108-7, div. H, title I, Sec. 5, Feb. 20, 2003, 117 Stat.
    350.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253l-6                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-6. Contract authority of Capitol Police

-STATUTE-
    (a) In general
      The United States Capitol Police may - 
        (1) enter into contracts for the acquisition of severable
      services for a period that begins in 1 fiscal year and ends in
      the next fiscal year to the same extent as the head of an
      executive agency under the authority of section 253l of this
      title; and
        (2) enter into multiyear contracts for the acquisitions of
      property and nonaudit-related services to the same extent as
      executive agencies under the authority of section 254c of this
      title.
    (b) Effective date
      This section shall apply to fiscal year 2003 and each fiscal year
    thereafter.

-SOURCE-
    (Pub. L. 108-7, div. H, title I, Sec. 1002, Feb. 20, 2003, 117
    Stat. 357.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253l-7                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-7. Contract authority of Architect of the Capitol

-STATUTE-
    (a) In general
      The Architect of the Capitol may - 
        (1) enter into contracts for the acquisition of severable
      services for a period that begins in 1 fiscal year and ends in
      the next fiscal year to the same extent as the head of an
      executive agency under the authority of section 253l of this
      title; and
        (2) enter into multiyear contracts for the acquisitions of
      property and nonaudit-related services to the same extent as
      executive agencies under the authority of section 254c of this
      title.
    (b) Effective date
      This section shall apply to fiscal year 2003 and each fiscal year
    thereafter.

-SOURCE-
    (Pub. L. 108-7, div. H, title I, Sec. 1202, Feb. 20, 2003, 117
    Stat. 373.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253l-8                                          01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253l-8. Contract authority of Secretary of Smithsonian
      Institution

-STATUTE-
    (a) In general
      The Secretary of the Smithsonian Institution may - 
        (1) enter into multi-year contracts for the acquisition of
      property and services under the authority of section 254c of this
      title; and
        (2) enter into contracts for the acquisition of severable
      services for a period that begins in one fiscal year and ends in
      the next fiscal year under the authority of section 253l of this
      title.
    (b) Effective date
      This section shall apply to contracts entered into on or after
    August 15, 2003.

-SOURCE-
    (Pub. L. 108-72, Sec. 4, Aug. 15, 2003, 117 Stat. 889.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 253m                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 253m. Design-build selection procedures

-STATUTE-
    (a) Authorization
      Unless the traditional acquisition approach of design-bid-build
    established under sections 1101 to 1104 of title 40 is used or
    another acquisition procedure authorized by law is used, the head
    of an executive agency shall use the two-phase selection procedures
    authorized in this section for entering into a contract for the
    design and construction of a public building, facility, or work
    when a determination is made under subsection (b) of this section
    that the procedures are appropriate for use.
    (b) Criteria for use
      A contracting officer shall make a determination whether two-
    phase selection procedures are appropriate for use for entering
    into a contract for the design and construction of a public
    building, facility, or work when the contracting officer
    anticipates that three or more offers will be received for such
    contract, design work must be performed before an offeror can
    develop a price or cost proposal for such contract, the offeror
    will incur a substantial amount of expense in preparing the offer,
    and the contracting officer has considered information such as the
    following:
        (1) The extent to which the project requirements have been
      adequately defined.
        (2) The time constraints for delivery of the project.
        (3) The capability and experience of potential contractors.
        (4) The suitability of the project for use of the two-phase
      selection procedures.
        (5) The capability of the agency to manage the two-phase
      selection process.
        (6) Other criteria established by the agency.
    (c) Procedures described
      Two-phase selection procedures consist of the following:
        (1) The agency develops, either in-house or by contract, a
      scope of work statement for inclusion in the solicitation that
      defines the project and provides prospective offerors with
      sufficient information regarding the Government's requirements
      (which may include criteria and preliminary design, budget
      parameters, and schedule or delivery requirements) to enable the
      offerors to submit proposals which meet the Government's needs.
      If the agency contracts for development of the scope of work
      statement, the agency shall contract for architectural and
      engineering services as defined by and in accordance with
      sections 1101 to 1104 of title 40.
        (2) The contracting officer solicits phase-one proposals that -
      
          (A) include information on the offeror's - 
            (i) technical approach; and
            (ii) technical qualifications; and

          (B) do not include - 
            (i) detailed design information; or
            (ii) cost or price information.

        (3) The evaluation factors to be used in evaluating phase-one
      proposals are stated in the solicitation and include specialized
      experience and technical competence, capability to perform, past
      performance of the offeror's team (including the architect-
      engineer and construction members of the team) and other
      appropriate factors, except that cost-related or price-related
      evaluation factors are not permitted. Each solicitation
      establishes the relative importance assigned to the evaluation
      factors and subfactors that must be considered in the evaluation
      of phase-one proposals. The agency evaluates phase-one proposals
      on the basis of the phase-one evaluation factors set forth in the
      solicitation.
        (4) The contracting officer selects as the most highly
      qualified the number of offerors specified in the solicitation to
      provide the property or services under the contract and requests
      the selected offerors to submit phase-two competitive proposals
      that include technical proposals and cost or price information.
      Each solicitation establishes with respect to phase two - 
          (A) the technical submission for the proposal, including
        design concepts or proposed solutions to requirements addressed
        within the scope of work (or both), and
          (B) the evaluation factors and subfactors, including cost or
        price, that must be considered in the evaluations of proposals
        in accordance with subsections (b), (c), and (d) of section
        253a of this title.

      The contracting officer separately evaluates the submissions
      described in subparagraphs (A) and (B).
        (5) The agency awards the contract in accordance with section
      253b of this title.
    (d) Solicitation to state number of offerors to be selected for
      phase-two requests for competitive proposals
      A solicitation issued pursuant to the procedures described in
    subsection (c) of this section shall state the maximum number of
    offerors that are to be selected to submit competitive proposals
    pursuant to subsection (c)(4) of this section. The maximum number
    specified in the solicitation shall not exceed 5 unless the agency
    determines with respect to an individual solicitation that a
    specified number greater than 5 is in the Government's interest and
    is consistent with the purposes and objectives of the two-phase
    selection process.
    (e) Requirement for guidance and regulations
      The Federal Acquisition Regulation shall include guidance - 
        (1) regarding the factors that may be considered in determining
      whether the two-phase contracting procedures authorized by
      subsection (a) of this section are appropriate for use in
      individual contracting situations;
        (2) regarding the factors that may be used in selecting
      contractors; and
        (3) providing for a uniform approach to be used Government-
      wide.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 303M, as added Pub. L. 104-
    106, div. D, title XLI, Sec. 4105(b)(1), Feb. 10, 1996, 110 Stat.
    647.)

-COD-
                               CODIFICATION                           
      "Sections 1101 to 1104 of title 40" substituted in subsec. (a)
    for "the Brooks Architect-Engineers Act (title IX of this Act)" and
    in subsec. (c)(1) for "the Brooks Architect-Engineers Act (40
    U.S.C. 541 et seq.)" 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-
                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 254                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 254. Contract requirements

-STATUTE-
    (a) Contracts awarded using procedures other than sealed-bid
      procedures
      Except as provided in subsection (b) of this section, contracts
    awarded after using procedures other than sealed-bid procedures may
    be of any type which in the opinion of the agency head will promote
    the best interests of the Government. Every contract awarded after
    using procedures other than sealed-bid procedures shall contain a
    suitable warranty, as determined by the agency head, by the
    contractor that no person or selling agency has been employed or
    retained to solicit or secure such contract upon an agreement or
    understanding for a commission, percentage, brokerage, or
    contingent fee, excepting bona fide employees or bona fide
    established commercial or selling agencies maintained by the
    contractor for the purpose of securing business, for the breach or
    violation of which warranty the Government shall have the right to
    annul such contract without liability or in its discretion to
    deduct from the contract price or consideration the full amount of
    such commission, percentage, brokerage, or contingent fee. The
    preceding sentence does not apply to a contract for an amount that
    is not greater than the simplified acquisition threshold or to a
    contract for the acquisition of commercial items.
    (b) Barred contracts; fee limitation; determination of use; advance
      notification
      The cost-plus-a-percentage-of-cost system of contracting shall
    not be used, and in the case of a cost-plus-a-fixed-fee contract
    the fee shall not exceed 10 percent of the estimated cost of the
    contract, exclusive of the fee, as determined by the agency head at
    the time of entering into such contract (except that a fee not in
    excess of 15 percent of such estimated cost is authorized in any
    such contract for experimental, developmental, or research work and
    that a fee inclusive of the contractor's costs and not in excess of
    6 percent of the estimated cost, exclusive of fees, as determined
    by the agency head at the time of entering into the contract, of
    the project to which such fee is applicable is authorized in
    contracts for architectural or engineering services relating to any
    public works or utility project). All cost and cost-plus-a-fixed-
    fee contracts shall provide for advance notification by the
    contractor to the procuring agency of any subcontract thereunder on
    a cost-plus-a-fixed-fee basis and of any fixed-price subcontract or
    purchase order which exceeds in dollar amount either the simplified
    acquisition threshold or 5 percent of the total estimated cost of
    the prime contract; and a procuring agency, through any authorized
    representative thereof, shall have the right to inspect the plans
    and to audit the books and records of any prime contractor or
    subcontractor engaged in the performance of a cost or cost-plus-a-
    fixed-fee contract.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 304, 63 Stat. 395; Oct.
    31, 1951, ch. 652, 65 Stat. 700; July 12, 1952, ch. 703, Sec. 1(m),
    66 Stat. 594; Pub. L. 89-607, Sec. 2, Sept. 27, 1966, 80 Stat. 850;
    Pub. L. 98-369, div. B, title VII, Secs. 2712, 2714(a)(2), (3),
    July 18, 1984, 98 Stat. 1181, 1184; Pub. L. 103-355, title I, Secs.
    1071, 1251(a)(1), title II, Sec. 2251(b), title IV, Secs. 4103(c),
    4402(c), title VIII, Sec. 8204(b), title X, Sec. 10005(e), Oct. 13,
    1994, 108 Stat. 3270, 3278, 3320, 3341, 3349, 3396, 3408.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-355, Secs. 4103(c), 8204(b),
    inserted at end "The preceding sentence does not apply to a
    contract for an amount that is not greater than the simplified
    acquisition threshold or to a contract for the acquisition of
    commercial items."
      Subsec. (b). Pub. L. 103-355, Secs. 4402(c), 10005(e),
    substituted "percent" for "per centum" wherever appearing and
    "either the simplified acquisition threshold" for "either $25,000"
    in last sentence.
      Pub. L. 103-355, Sec. 1071, struck out after first sentence
    "Neither a cost nor a cost-plus-a-fixed-fee contract nor an
    incentive-type contract shall be used unless the agency head
    determines that such method of contracting is likely to be less
    costly than other methods or that it is impractical to secure
    property or services of the kind or quality required without the
    use of a cost or cost-plus-a-fixed-fee contract or an incentive-
    type contract."
      Subsec. (c). Pub. L. 103-355, Sec. 2251(b), struck out subsec.
    (c) which related to examination of books, records, etc. of
    contractors, time limitations, exemptions, exceptional conditions,
    and reports to Congress. See section 254d of this title.
      Subsec. (d). Pub. L. 103-355, Sec. 1251(a)(1), struck out subsec.
    (d) which related to submission of cost or pricing data by
    contractors and subcontractors, certificate requirements,
    adjustment of price, inspection of books, records, etc., necessity
    of data, and exceptions. See section 254b of this title.
      1984 - Pub. L. 98-369, Sec. 2714(a)(2), amended section catchline
    generally.
      Subsec. (a). Pub. L. 98-369, Sec. 2714(a)(3)(A), (B), substituted
    "awarded after using procedures other than sealed-bid procedures"
    for "negotiated pursuant to section 252(c) of this title" in first
    and second sentences.
      Subsec. (c). Pub. L. 98-369, Sec. 2714(a)(3)(C), substituted
    "awarded after using procedures other than sealed-bid procedures"
    for "negotiated without advertising pursuant to authority contained
    in this Act" in first sentence.
      Subsec. (d). Pub. L. 98-369, Sec. 2712, added subsec. (d).
      1966 - Subsec. (c). Pub. L. 89-607 provided for exemption of
    certain contracts with foreign contractors from the requirement for
    an examination-of-records clause, such determination to be reported
    to Congress.
      1952 - Subsec. (b). Act July 12, 1952, substituted "property" for
    "supplies".
      1951 - Subsec. (c). Act Oct. 31, 1951, added subsec. (c).

                     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.

                          EXEMPTION OF FUNCTIONS                      
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30
    F.R. 6635, set out as a note under section 2393 of Title 22,
    Foreign Relations and Intercourse.

                            FOREIGN CONTRACTORS                        
      Secretaries of Defense, Army, Navy, or Air Force, or their
    designees, to determine, prior to exercising the authority provided
    in the amendment of this section by Pub. L. 89-607 to exempt
    certain contracts with foreign contractors from the requirement of
    an examination-of-records clause, that all reasonable efforts have
    been made to include such examination-of-records clause, as
    required by par. (11) of Part I of Ex. Ord. No. 10789, and that
    alternate sources of supply are not reasonably available, see par.
    (11) of Part I of Ex. Ord. No. 10789, eff. Nov. 14, 1958, 23 F.R.
    8897, as amended, set out as a note under section 1431 of Title 50,
    War and National Defense.


-EXEC-
                         EXECUTIVE ORDER NO. 12800                     
      Ex. Ord. No. 12800, Apr. 13, 1992, 57 F.R. 12985, 13413, which
    required Federal contractors to post a notice that employees could
    not be required to be members of a union in order to retain their
    jobs, was revoked by Ex. Ord. No. 12836, Sec. 1, Feb. 1, 1993, 58
    F.R. 7045, which was itself revoked as it relates to notification
    of employee rights concerning payment of union dues or fees by Ex.
    Ord. No. 13201, Sec. 11, Feb. 17, 2001, 66 F.R. 11221, and as it
    relates to project agreements by Ex. Ord. No. 13202, Sec. 8, Feb.
    17, 2001, 66 F.R. 11226.

      EX. ORD. NO. 13201. NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING
                       PAYMENT OF UNION DUES OR FEES
      Ex. Ord. No. 13201, Feb. 17, 2001, 66 F.R. 11221, provided:
      By the authority vested in me as President by the Constitution
    and the 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 ensure the economical and efficient
    administration and completion of Government contracts, it is hereby
    ordered that:
      Section 1. (a) This order is designed to promote economy and
    efficiency in Government procurement. When workers are better
    informed of their rights, including their rights under the Federal
    labor laws, their productivity is enhanced. The availability of
    such a workforce from which the United States may draw facilitates
    the efficient and economical completion of its procurement
    contracts.
      (b) The Secretary of Labor (Secretary) shall be responsible for
    the administration and enforcement of this order. The Secretary
    shall adopt such rules and regulations and issue such orders as are
    deemed necessary and appropriate to achieve the purposes of this
    order.
      Sec. 2. (a) Except in contracts exempted in accordance with
    section 3 of this order, all Government contracting departments and
    agencies shall, to the extent consistent with law, include the
    following provisions in every Government contract, other than
    collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8)
    and purchases under the "Simplified Acquisition Threshold" as
    defined in the Office of Federal Procurement Policy Act (41 U.S.C.
    403).
      "1. During the term of this contract, the contractor agrees to
    post a notice, of such size and in such form as the Secretary of
    Labor shall prescribe, in conspicuous places in and about its
    plants and offices, including all places where notices to employees
    are customarily posted. The notice shall include the following
    information (except that the last sentence shall not be included in
    notices posted in the plants or offices of carriers subject to the
    Railway Labor Act, as amended (45 U.S.C. 151-188)):
      "NOTICE TO EMPLOYEES
      Under Federal law, employees cannot be required to join a union
    or maintain membership in a union in order to retain their jobs.
    Under certain conditions, the law permits a union and an employer
    to enter into a union-security agreement requiring employees to pay
    uniform periodic dues and initiation fees. However, employees who
    are not union members can object to the use of their payments for
    certain purposes and can only be required to pay their share of
    union costs relating to collective bargaining, contract
    administration, and grievance adjustment.
      "If you do not want to pay that portion of dues or fees used to
    support activities not related to collective bargaining, contract
    administration, or grievance adjustment, you are entitled to an
    appropriate reduction in your payment. If you believe that you have
    been required to pay dues or fees used in part to support
    activities not related to collective bargaining, contract
    administration, or grievance adjustment, you may be entitled to a
    refund and to an appropriate reduction in future payments.
      "For further information concerning your rights, you may wish to
    contact the National Labor Relations Board (NLRB) either at one of
    its Regional offices or at the following address:
      National Labor Relations Board
      Division of Information
      1099 14th Street, N.W.
      Washington, D.C. 20570
      "To locate the nearest NLRB office, see NLRB's website at
    www.nlrb.gov."
      "2. The contractor will comply with all provisions of Executive
    Order 13201 of February 17, 2001, and related rules, regulations,
    and orders of the Secretary of Labor.
      "3. In the event that the contractor does not comply with any of
    the requirements set forth in paragraphs (1) or (2) above, this
    contract may be cancelled, terminated, or suspended in whole or in
    part, and the contractor may be declared ineligible for further
    Government contracts in accordance with procedures authorized in or
    adopted pursuant to Executive Order 13201 of February 17, 2001.
    Such other sanctions or remedies may be imposed as are provided in
    Executive Order 13201 of February 17, 2001, or by rule, regulation,
    or order of the Secretary of Labor, or as are otherwise provided by
    law.
      "4. The contractor will include the provisions of paragraphs (1)
    through (3) herein in every subcontract or purchase order entered
    into in connection with this contract unless exempted by rules,
    regulations, or orders of the Secretary of Labor issued pursuant to
    section 3 of Executive Order 13201 of February 17, 2001, so that
    such provisions will be binding upon each subcontractor or vendor.
    The contractor will take such action with respect to any such
    subcontract or purchase order as may be directed by the Secretary
    of Labor as a means of enforcing such provisions, including the
    imposition of sanctions for non compliance: Provided, however, that
    if the contractor becomes involved in litigation with a
    subcontractor or vendor, or is threatened with such involvement, as
    a result of such direction, the contractor may request the United
    States to enter into such litigation to protect the interests of
    the United States."
      (b) Whenever, through Acts of Congress or through clarification
    of existing law by the courts or otherwise, it appears that
    contractual provisions other than, or in addition to, those set out
    in subsection (a) of this section are needed to inform employees
    fully and accurately of their rights with respect to union dues,
    union-security agreements, or the like, the Secretary shall
    promptly issue such rules, regulations, or orders as are needed to
    cause the substitution or addition of appropriate contractual
    provisions in Government contracts thereafter entered into.
      Sec. 3. (a) The Secretary may, if the Secretary finds that
    special circumstances require an exemption in order to serve the
    national interest, exempt a contracting department or agency from
    the requirements of any or all of the provisions of section 2 of
    this order with respect to a particular contract, subcontract, or
    purchase order.
      (b) The Secretary may, by rule, regulation, or order, exempt from
    the provisions of section 2 of this order certain classes of
    contracts to the extent that they involve (i) work outside the
    United States and do not involve the recruitment or employment of
    workers within the United States; (ii) work in jurisdictions where
    State law forbids enforcement of union-security agreements; (iii)
    work at sites where the notice to employees described in section
    2(a) of this order would be unnecessary because the employees are
    not represented by a union; (iv) numbers of workers below
    appropriate thresholds set by the Secretary; or (v) subcontracts
    below an appropriate tier set by the Secretary.
      (c) The Secretary may provide, by rule, regulation, or order, for
    the exemption of facilities of a contractor, subcontractor, or
    vendor that are in all respects separate and distinct from
    activities related to the performance of the contract: Provided,
    that such exemption will not interfere with or impede the
    effectuation of the purposes of this order: And provided further,
    that in the absence of such an exemption all facilities shall be
    covered by the provisions of this order.
      Sec. 4. (a) The Secretary may investigate any Government
    contractor, subcontractor, or vendor to determine whether the
    contractual provisions required by section 2 of this order have
    been violated. Such investigations shall be conducted in accordance
    with procedures established by the Secretary.
      (b) The Secretary shall receive and investigate complaints by
    employees of a Government contractor, subcontractor, or vendor
    where such complaints allege a failure to perform or a violation of
    the contractual provisions required by section 2 of this order.
      Sec. 5. (a) The Secretary, or any agency or officer in the
    executive branch of the Government designated by rule, regulation,
    or order of the Secretary, may hold such hearings, public or
    private, regarding compliance with this order as the Secretary may
    deem advisable.
      (b) The Secretary may hold hearings, or cause hearings to be
    held, in accordance with subsection (a) of this section prior to
    imposing, ordering, or recommending the imposition of sanctions
    under this order. Neither an order for debarment of any contractor
    from further Government contracts under section 6(b) of this order
    nor the inclusion of a contractor on a published list of
    noncomplying contractors under section 6(c) of this order shall be
    carried out without affording the contractor an opportunity for a
    hearing.
      Sec. 6. In accordance with such rules, regulations, or orders as
    the Secretary may issue or adopt, the Secretary may:
      (a) after consulting with the contracting department or agency,
    direct that department or agency to cancel, terminate, suspend, or
    cause to be cancelled, terminated, or suspended, any contract, or
    any portion or portions thereof, for failure of the contractor to
    comply with the contractual provisions required by section 2 of
    this order; contracts may be cancelled, terminated, or suspended
    absolutely, or continuance of contracts may be conditioned upon
    future compliance: Provided, that before issuing a directive under
    this subsection, the Secretary shall provide the head of the
    contracting department or agency an opportunity to offer written
    objections to the issuance of such a directive, which objections
    shall include a complete statement of reasons for the objections,
    among which reasons shall be a finding that completion of the
    contract is essential to the agency's mission: And provided
    further, that no directive shall be issued by the Secretary under
    this subsection so long as the head of the contracting department
    or agency continues personally to object to the issuance of such
    directive;
      (b) after consulting with each affected contracting department or
    agency, provide that one or more contracting departments or
    agencies shall refrain from entering into further contracts, or
    extensions or other modifications of existing contracts, with any
    noncomplying contractor, until such contractor has satisfied the
    Secretary that such contractor has complied with and will carry out
    the provisions of this order: Provided, that before issuing a
    directive under this subsection, the Secretary shall provide the
    head of each contracting department or agency an opportunity to
    offer written objections to the issuance of such a directive, which
    objections shall include a complete statement of reasons for the
    objections, among which reasons shall be a finding that further
    contracts or extensions or other modifications of existing
    contracts with the noncomplying contractor are essential to the
    agency's mission: And provided further, that no directive shall be
    issued by the Secretary under this subsection so long as the head
    of a contracting department or agency continues personally to
    object to the issuance of such directive; and
      (c) publish, or cause to be published, the names of contractors
    that have, in the judgment of the Secretary, failed to comply with
    the provisions of this order or of related rules, regulations, and
    orders of the Secretary.
      Sec. 7. Whenever the Secretary invokes section 6(a) or 6(b) of
    this order, the contracting department or agency shall report the
    results of the action it has taken to the Secretary within such
    time as the Secretary shall specify.
      Sec. 8. Each contracting department and agency shall cooperate
    with the Secretary and provide such information and assistance as
    the Secretary may require in the performance of the Secretary's
    functions under this order.
      Sec. 9. The Secretary may delegate any function or duty of the
    Secretary under this order to any officer in the Department of
    Labor or to any other officer in the executive branch of the
    Government, with the consent of the head of the department or
    agency in which that officer serves.
      Sec. 10. The Federal Acquisition Regulatory Council (FAR Council)
    shall take whatever action is required to implement in the Federal
    Acquisition Regulation (FAR) the provisions of this order and of
    any related rules, regulations, or orders of the Secretary that
    were issued to implement this Executive Order. The FAR Council
    shall amend the FAR to require each solicitation of offers for a
    contract to include a provision that implements section 2 of this
    order.
      Sec. 11. As it relates to notification of employee rights
    concerning payment of union dues or fees, Executive Order 12836 of
    February 1, 1993, which, among other things, revoked Executive
    Order 12800 of April 13, 1992, is revoked.
      Sec. 12. The heads of executive departments and agencies shall
    revoke expeditiously any orders, rules, regulations, guidelines, or
    policies implementing or enforcing Executive Order 12836 of
    February 1, 1993, as it relates to notification of employee rights
    concerning payment of union dues or fees, to the extent consistent
    with law.
      Sec. 13. 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.
      Sec. 14. The provisions of this order shall apply to contracts
    resulting from solicitations issued on or after the effective date
    of this order.
      Sec. 15. This order shall become effective 60 days after the date
    of this order.
                                                         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. 254a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 254a. Cost-type research and development contracts with
      educational institutions

-STATUTE-
      On and after September 5, 1962, provision may be made in cost-
    type research and development contracts (including grants) with
    universities, colleges, or other educational institutions for
    payment of reimbursable indirect costs on the basis of
    predetermined fixed-percentage rates applied to the total, or an
    element thereof, of the reimbursable direct costs incurred.

-SOURCE-
    (Pub. L. 87-638, Sept. 5, 1962, 76 Stat. 437.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.

-End-



-CITE-
    41 USC Sec. 254b                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 254b. Cost or pricing data: truth in negotiations

-STATUTE-
    (a) Required cost or pricing data and certification
      (1) The head of an executive agency shall require offerors,
    contractors, and subcontractors to make cost or pricing data
    available as follows:
        (A) An offeror for a prime contract under this subchapter to be
      entered into using procedures other than sealed-bid procedures
      shall be required to submit cost or pricing data before the award
      of a contract if - 
          (i) in the case of a prime contract entered into after
        October 13, 1994, the price of the contract to the United
        States is expected to exceed $500,000; and
          (ii) in the case of a prime contract entered into on or
        before October 13, 1994, the price of the contract to the
        United States is expected to exceed $100,000.

        (B) The contractor for a prime contract under this subchapter
      shall be required to submit cost or pricing data before the
      pricing of a change or modification to the contract if - 
          (i) in the case of a change or modification made to a prime
        contract referred to in subparagraph (A)(i), the price
        adjustment is expected to exceed $500,000;
          (ii) in the case of a change or modification made to a prime
        contract that was entered into on or before October 13, 1994,
        and that has been modified pursuant to paragraph (6), the price
        adjustment is expected to exceed $500,000; and
          (iii) in the case of a change or modification not covered by
        clause (i) or (ii), the price adjustment is expected to exceed
        $100,000.

        (C) An offeror for a subcontract (at any tier) of a contract
      under this subchapter shall be required to submit cost or pricing
      data before the award of the subcontract if the prime contractor
      and each higher-tier subcontractor have been required to make
      available cost or pricing data under this section and - 
          (i) in the case of a subcontract under a prime contract
        referred to in subparagraph (A)(i), the price of the
        subcontract is expected to exceed $500,000;
          (ii) in the case of a subcontract entered into under a prime
        contract that was entered into on or before October 13, 1994,
        and that has been modified pursuant to paragraph (6), the price
        of the subcontract is expected to exceed $500,000; and
          (iii) in the case of a subcontract not covered by clause (i)
        or (ii), the price of the subcontract is expected to exceed
        $100,000.

        (D) The subcontractor for a subcontract covered by subparagraph
      (C) shall be required to submit cost or pricing data before the
      pricing of a change or modification to the subcontract if - 
          (i) in the case of a change or modification to a subcontract
        referred to in subparagraph (C)(i) or (C)(ii), the price
        adjustment is expected to exceed $500,000; and
          (ii) in the case of a change or modification to a subcontract
        referred to in subparagraph (C)(iii), the price adjustment is
        expected to exceed $100,000.

      (2) A person required, as an offeror, contractor, or
    subcontractor, to submit cost or pricing data under paragraph (1)
    (or required by the head of the procuring activity concerned to
    submit such data under subsection (c) of this section) shall be
    required to certify that, to the best of the person's knowledge and
    belief, the cost or pricing data submitted are accurate, complete,
    and current.
      (3) Cost or pricing data required to be submitted under paragraph
    (1) (or under subsection (c) of this section), and a certification
    required to be submitted under paragraph (2), shall be submitted - 
        (A) in the case of a submission by a prime contractor (or an
      offeror for a prime contract), to the contracting officer for the
      contract (or to a designated representative of the contracting
      officer); or
        (B) in the case of a submission by a subcontractor (or an
      offeror for a subcontract), to the prime contractor.

      (4) Except as provided under subsection (b) of this section, this
    section applies to contracts entered into by the head of an
    executive agency on behalf of a foreign government.
      (5) A waiver of requirements for submission of certified cost or
    pricing data that is granted under subsection (b)(1)(C) of this
    section in the case of a contract or subcontract does not waive the
    requirement under paragraph (1)(C) for submission of cost or
    pricing data in the case of subcontracts under that contract or
    subcontract unless the head of the procuring activity granting the
    waiver determines that the requirement under that paragraph should
    be waived in the case of such subcontracts and justifies in writing
    the reasons for the determination.
      (6) Upon the request of a contractor that was required to submit
    cost or pricing data under paragraph (1) in connection with a prime
    contract entered into on or before October 13, 1994, the head of
    the executive agency that entered into such contract shall modify
    the contract to reflect subparagraphs (B)(ii) and (C)(ii) of
    paragraph (1). All such modifications shall be made without
    requiring consideration.
      (7) Effective on October 1 of each year that is divisible by 5,
    each amount set forth in paragraph (1) shall be adjusted to the
    amount that is equal to the fiscal year 1994 constant dollar value
    of the amount set forth. Any amount, as so adjusted, that is not
    evenly divisible by $50,000 shall be rounded to the nearest
    multiple of $50,000. In the case of an amount that is evenly
    divisible by $25,000 but not evenly divisible by $50,000, the
    amount shall be rounded to the next higher multiple of $50,000.
    (b) Exceptions
      (1) In general
        Submission of certified cost or pricing data shall not be
      required under subsection (a) of this section in the case of a
      contract, a subcontract, or a modification of a contract or
      subcontract - 
          (A) for which the price agreed upon is based on - 
            (i) adequate price competition; or
            (ii) prices set by law or regulation;

          (B) for the acquisition of a commercial item; or
          (C) in an exceptional case when the head of the procuring
        activity, without delegation, determines that the requirements
        of this section may be waived and justifies in writing the
        reasons for such determination.
      (2) Modifications of contracts and subcontracts for commercial
        items
        In the case of a modification of a contract or subcontract for
      a commercial item that is not covered by the exception to the
      submission of certified cost or pricing data in paragraph (1)(A)
      or (1)(B), submission of certified cost or pricing data shall not
      be required under subsection (a) of this section if - 
          (A) the contract or subcontract being modified is a contract
        or subcontract for which submission of certified cost or
        pricing data may not be required by reason of paragraph (1)(A)
        or (1)(B); and
          (B) the modification would not change the contract or
        subcontract, as the case may be, from a contract or subcontract
        for the acquisition of a commercial item to a contract or
        subcontract for the acquisition of an item other than a
        commercial item.
    (c) Cost or pricing data on below-threshold contracts
      (1) Authority to require submission
        Subject to paragraph (2), when certified cost or pricing data
      are not required to be submitted by subsection (a) of this
      section for a contract, subcontract, or modification of a
      contract or subcontract, such data may nevertheless be required
      to be submitted by the head of the procuring activity, but only
      if the head of the procuring activity determines that such data
      are necessary for the evaluation by the agency of the
      reasonableness of the price of the contract, subcontract, or
      modification of a contract or subcontract. In any case in which
      the head of the procuring activity requires such data to be
      submitted under this subsection, the head of the procuring
      activity shall justify in writing the reason for such
      requirement.
      (2) Exception
        The head of the procuring activity may not require certified
      cost or pricing data to be submitted under this paragraph for any
      contract or subcontract, or modification of a contract or
      subcontract, covered by the exceptions in subparagraph (A) or (B)
      of subsection (b)(1) of this section.
      (3) Delegation of authority prohibited
        The head of a procuring activity may not delegate the functions
      under this paragraph.
    (d) Submission of other information
      (1) Authority to require submission
        When certified cost or pricing data are not required to be
      submitted under this section for a contract, subcontract, or
      modification of a contract or subcontract, the contracting
      officer shall require submission of data other than certified
      cost or pricing data to the extent necessary to determine the
      reasonableness of the price of the contract, subcontract, or
      modification of the contract or subcontract. Except in the case
      of a contract or subcontract covered by the exceptions in
      subsection (b)(1)(A) of this section, the contracting officer
      shall require that the data submitted include, at a minimum,
      appropriate information on the prices at which the same item or
      similar items have previously been sold that is adequate for
      evaluating the reasonableness of the price for the procurement.
      (2) Limitations on authority
        The Federal Acquisition Regulation shall include the following
      provisions regarding the types of information that contracting
      officers may require under paragraph (1):
          (A) Reasonable limitations on requests for sales data
        relating to commercial items.
          (B) A requirement that a contracting officer limit, to the
        maximum extent practicable, the scope of any request for
        information relating to commercial items from an offeror to
        only that information that is in the form regularly maintained
        by the offeror in commercial operations.
          (C) A statement that any information received relating to
        commercial items that is exempt from disclosure under section
        552(b) of title 5 shall not be disclosed by the Federal
        Government.
    (e) Price reductions for defective cost or pricing data
      (1)(A) A prime contract (or change or modification to a prime
    contract) under which a certificate under subsection (a)(2) of this
    section is required shall contain a provision that the price of the
    contract to the United States, including profit or fee, shall be
    adjusted to exclude any significant amount by which it may be
    determined by the head of the executive agency that such price was
    increased because the contractor (or any subcontractor required to
    make available such a certificate) submitted defective cost or
    pricing data.
      (B) For the purposes of this section, defective cost or pricing
    data are cost or pricing data which, as of the date of agreement on
    the price of the contract (or another date agreed upon between the
    parties), were inaccurate, incomplete, or noncurrent. If for
    purposes of the preceding sentence the parties agree upon a date
    other than the date of agreement on the price of the contract, the
    date agreed upon by the parties shall be as close to the date of
    agreement on the price of the contract as is practicable.
      (2) In determining for purposes of a contract price adjustment
    under a contract provision required by paragraph (1) whether, and
    to what extent, a contract price was increased because the
    contractor (or a subcontractor) submitted defective cost or pricing
    data, it shall be a defense that the United States did not rely on
    the defective data submitted by the contractor or subcontractor.
      (3) It is not a defense to an adjustment of the price of a
    contract under a contract provision required by paragraph (1) that -
     
        (A) the price of the contract would not have been modified even
      if accurate, complete, and current cost or pricing data had been
      submitted by the contractor or subcontractor because the
      contractor or subcontractor - 
          (i) was the sole source of the property or services procured;
        or
          (ii) otherwise was in a superior bargaining position with
        respect to the property or services procured;

        (B) the contracting officer should have known that the cost or
      pricing data in issue were defective even though the contractor
      or subcontractor took no affirmative action to bring the
      character of the data to the attention of the contracting
      officer;
        (C) the contract was based on an agreement between the
      contractor and the United States about the total cost of the
      contract and there was no agreement about the cost of each item
      procured under such contract; or
        (D) the prime contractor or subcontractor did not submit a
      certification of cost or pricing data relating to the contract as
      required under subsection (a)(2) of this section.

      (4)(A) A contractor shall be allowed to offset an amount against
    the amount of a contract price adjustment under a contract
    provision required by paragraph (1) if - 
        (i) the contractor certifies to the contracting officer (or to
      a designated representative of the contracting officer) that, to
      the best of the contractor's knowledge and belief, the contractor
      is entitled to the offset; and
        (ii) the contractor proves that the cost or pricing data were
      available before the date of agreement on the price of the
      contract (or price of the modification), or, if applicable
      consistent with paragraph (1)(B), another date agreed upon
      between the parties, and that the data were not submitted as
      specified in subsection (a)(3) of this section before such date.

      (B) A contractor shall not be allowed to offset an amount
    otherwise authorized to be offset under subparagraph (A) if - 
        (i) the certification under subsection (a)(2) of this section
      with respect to the cost or pricing data involved was known to be
      false when signed; or
        (ii) the United States proves that, had the cost or pricing
      data referred to in subparagraph (A)(ii) been submitted to the
      United States before the date of agreement on the price of the
      contract (or price of the modification) or, if applicable under
      paragraph (1)(B), another date agreed upon between the parties,
      the submission of such cost or pricing data would not have
      resulted in an increase in that price in the amount to be offset.
    (f) Interest and penalties for certain overpayments
      (1) If the United States makes an overpayment to a contractor
    under a contract with an executive agency subject to this section
    and the overpayment was due to the submission by the contractor of
    defective cost or pricing data, the contractor shall be liable to
    the United States - 
        (A) for interest on the amount of such overpayment, to be
      computed - 
          (i) for the period beginning on the date the overpayment was
        made to the contractor and ending on the date the contractor
        repays the amount of such overpayment to the United States; and
          (ii) at the current rate prescribed by the Secretary of the
        Treasury under section 6621 of title 26; and

        (B) if the submission of such defective data was a knowing
      submission, for an additional amount equal to the amount of the
      overpayment.

      (2) Any liability under this subsection of a contractor that
    submits cost or pricing data but refuses to submit the
    certification required by subsection (a)(2) of this section with
    respect to the cost or pricing data shall not be affected by the
    refusal to submit such certification.
    (g) Right of United States to examine contractor records
      For the purpose of evaluating the accuracy, completeness, and
    currency of cost or pricing data required to be submitted by this
    section, an executive agency shall have the authority provided by
    section 254d(a)(2) of this title.
    (h) Definitions
      In this section:
      (1) Cost or pricing data
        The term "cost or pricing data" means all facts that, as of the
      date of agreement on the price of a contract (or the price of a
      contract modification) or, if applicable consistent with
      subsection (e)(1)(B) of this section, another date agreed upon
      between the parties, a prudent buyer or seller would reasonably
      expect to affect price negotiations significantly. Such term does
      not include information that is judgmental, but does include the
      factual information from which a judgment was derived.
      (2) Subcontract
        The term "subcontract" includes a transfer of commercial items
      between divisions, subsidiaries, or affiliates of a contractor or
      a subcontractor.
      (3) Commercial item
        The term "commercial item" has the meaning provided such term
      by section 403(12) of this title.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 304A, as added Pub. L. 103-
    355, title I, Sec. 1251(a)(2), Oct. 13, 1994, 108 Stat. 3278;
    amended Pub. L. 104-106, div. D, title XLII, Sec. 4201(b), title
    XLIII, Sec. 4321(e)(3), (4), Feb. 10, 1996, 110 Stat. 651, 675;
    Pub. L. 105-261, div. A, title VIII, Secs. 805(b), 808(b), Oct. 17,
    1998, 112 Stat. 2083, 2085.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(5). Pub. L. 105-261, Sec. 805(b), amended par.
    (5) generally. Prior to amendment, par. (5) read as follows: "For
    purposes of paragraph (1)(C), a contractor or subcontractor granted
    a waiver under subsection (b)(1)(B) of this section shall be
    considered as having been required to make available cost or
    pricing data under this section."
      Subsec. (d)(1). Pub. L. 105-261, Sec. 808(b), substituted "the
    contracting officer shall require that the data submitted" for "the
    data submitted shall".
      1996 - Subsec. (b). Pub. L. 104-106, Sec. 4201(b)(1), amended
    subsec. (b) generally, substituting pars. (1) and (2) relating to
    submission of certified cost or pricing data for former pars. (1)
    and (2) relating to submission of cost or pricing data and striking
    out par. (3) relating to FAR standards.
      Subsec. (c). Pub. L. 104-106, Sec. 4201(b)(1), amended subsec.
    (c) generally, substituting pars. (1) to (3) relating to authority
    to require submission of certified cost or pricing data for former
    par. (1) relating to authority to require submission of cost or
    pricing data and striking out former par. (2) relating to authority
    to require information other than certified cost or pricing data.
      Subsec. (c)(1). Pub. L. 104-106, Sec. 4321(e)(3), which directed
    amendment of heading of par. (1) by changing each letter that is
    capitalized (other than the first letter of the first word) to
    lowercase, could not be executed because of the general amendment
    of subsec. (c) by Pub. L. 104-106, Sec. 4201(b)(1). See above.
      Subsec. (d). Pub. L. 104-106, Sec. 4201(b)(1), amended subsec.
    (d) generally, substituting pars. (1) and (2) relating to
    submission of other information for former pars. (1) to (6)
    relating to additional exceptions regarding commercial items.
      Subsec. (d)(2)(A)(ii). Pub. L. 104-106, Sec. 4321(e)(4), which
    directed amendment of par. (2)(A)(ii) by inserting "to" after "The
    information referred", could not be executed because par. (2)(A)
    did not contain a cl. (ii) or the phrase "The information
    referred", subsequent to the general amendment of subsec. (d) by
    Pub. L. 104-106, Sec. 4201(b)(1). See above.
      Subsecs. (h), (i). Pub. L. 104-106, Sec. 4201(b)(2), redesignated
    subsec. (i) as (h) and struck out heading and text of former
    subsec. (h). Text read as follows: "The Federal Acquisition
    Regulation shall include regulations concerning the types of
    information that offerors must submit for a contracting officer to
    consider in determining whether the price of a procurement to the
    Government is fair and reasonable when certified cost or pricing
    data are not required to be submitted under this section because
    the price of the procurement to the United States is not expected
    to exceed the applicable threshold amount set forth in subsection
    (a) of this section (as adjusted pursuant to paragraph (7) of such
    subsection). Such information, at a minimum, shall include
    appropriate information on the prices at which the same item or
    similar items have previously been sold that is adequate for
    evaluating the reasonableness of the price of a proposed contract
    or subcontract for the procurement."

                     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                          
      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.
      Section 1251(b) of Pub. L. 103-355, as amended by Pub. L. 104-
    106, div. D, title XLIII, Sec. 4321(a)(3), Feb. 10, 1996, 110
    Stat. 671, provided that: "Subsection (a) of section 304A of the
    Federal Property and Administrative Services Act of 1949 [subsec.
    (a) of this section], as added by subsection (a), shall apply
    according to the provisions thereof on and after the date of the
    enactment of this Act [Oct. 13, 1994], notwithstanding section
    10001(b) [see Effective Date of 1994 Amendment note set out under
    section 251 of this title]."
      [Section 4321(a) of Pub. L. 104-106 provided that the amendment
    made by that section to section 1251(b) of Pub. L. 103-355, set out
    above, is effective as of Oct. 13, 1994, and as if included in Pub.
    L. 103-355 as enacted.]

      ELIGIBILITY FOR CONTRACTS AND SUBCONTRACTS TO BE CONDITIONED ON
                                COMPLIANCE
      Pub. L. 105-261, div. A, title VIII, Sec. 808(c), Oct. 17, 1998,
    112 Stat. 2085, provided that: "Not later than 180 days after the
    date of the enactment of this Act [Oct. 17, 1998], the Federal
    Acquisition Regulation shall be amended to provide that an
    offeror's compliance with a requirement to submit data for a
    contract or subcontract in accordance with section 2306a(d)(1) of
    title 10, United States Code, or section 304A(d)(1) of the Federal
    Property and Administrative Services Act of 1949 [41 U.S.C.
    254b(d)(1)] shall be a condition for the offeror to be eligible to
    enter into the contract or subcontract, subject to such exceptions
    as the Federal Acquisition Regulatory Council determines
    appropriate."

       CRITERIA FOR DETERMINING SPECIFIC PRICE INFORMATION REQUIRED   
      Pub. L. 105-261, div. A, title VIII, Sec. 808(d), Oct. 17, 1998,
    112 Stat. 2085, provided that: "Not later than 180 days after the
    date of the enactment of this Act [Oct. 17, 1998], the Federal
    Acquisition Regulation shall be amended to include criteria for
    contracting officers to apply for determining the specific price
    information that an offeror should be required to submit under
    section 2306a(d) of title 10, United States Code, or section
    304A(d) of the Federal Property and Administrative Services Act of
    1949 (41 U.S.C. 254b(d))."

-End-



-CITE-
    41 USC Sec. 254c                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 254c. Multiyear contracts

-STATUTE-
    (a) Authority
      An executive agency may enter into a multiyear contract for the
    acquisition of property or services if - 
        (1) funds are available and obligated for such contract, for
      the full period of the contract or for the first fiscal year in
      which the contract is in effect, and for the estimated costs
      associated with any necessary termination of such contract; and
        (2) the executive agency determines that - 
          (A) the need for the property or services is reasonably firm
        and continuing over the period of the contract; and
          (B) a multiyear contract will serve the best interests of the
        United States by encouraging full and open competition or
        promoting economy in administration, performance, and operation
        of the agency's programs.
    (b) Termination clause
      A multiyear contract entered into under the authority of this
    section shall include a clause that provides that the contract
    shall be terminated if funds are not made available for the
    continuation of such contract in any fiscal year covered by the
    contract. Amounts available for paying termination costs shall
    remain available for such purpose until the costs associated with
    termination of the contract are paid.
    (c) Cancellation ceiling notice
      Before any contract described in subsection (a) of this section
    that contains a clause setting forth a cancellation ceiling in
    excess of $10,000,000 may be awarded, the executive agency shall
    give written notification of the proposed contract and of the
    proposed cancellation ceiling for that contract to the Congress,
    and such contract may not then be awarded until the end of a period
    of 30 days beginning on the date of such notification.
    (d) Multiyear contract defined
      For the purposes of this section, a multiyear contract is a
    contract for the purchase of property or services for more than
    one, but not more than five, program years. Such a contract may
    provide that performance under the contract during the second and
    subsequent years of the contract is contingent upon the
    appropriation of funds and (if it does so provide) may provide for
    a cancellation payment to be made to the contractor if such
    appropriations are not made.
    (e) Rule of construction
      Nothing in this section is intended to modify or affect any other
    provision of law that authorizes multiyear contracts.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 304B, as added Pub. L. 103-
    355, title I, Sec. 1072, Oct. 13, 1994, 108 Stat. 3270.)


-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. 254d                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 254d. Examination of records of contractor

-STATUTE-
    (a) Agency authority
      (1) The head of an executive agency, acting through an authorized
    representative, is authorized to inspect the plant and audit the
    records of - 
        (A) a contractor performing a cost-reimbursement, incentive,
      time-and-materials, labor-hour, or price-redeterminable contract,
      or any combination of such contracts, made by that executive
      agency under this subchapter; and
        (B) a subcontractor performing any cost-reimbursement,
      incentive, time-and-materials, labor-hour, or price-
      redeterminable subcontract or any combination of such
      subcontracts under a contract referred to in subparagraph (A).

      (2) The head of an executive agency, acting through an authorized
    representative, is authorized, for the purpose of evaluating the
    accuracy, completeness, and currency of certified cost or pricing
    data required to be submitted pursuant to section 254b of this
    title with respect to a contract or subcontract, to examine all
    records of the contractor or subcontractor related to - 
        (A) the proposal for the contract or subcontract;
        (B) the discussions conducted on the proposal;
        (C) pricing of the contract or subcontract; or
        (D) performance of the contract or subcontract.
    (b) Subpoena power
      (1) The Inspector General of an executive agency appointed under
    section 3 or 8G (!1) of the Inspector General Act of 1978 (5 U.S.C.
    App.) or, upon request of the head of an executive agency, the
    Director of the Defense Contract Audit Agency (or any successor
    agency) of the Department of Defense or the Inspector General of
    the General Services Administration may require by subpoena the
    production of records of a contractor, access to which is provided
    for that executive agency by subsection (a) of this section.

      (2) Any such subpoena, in the case of contumacy or refusal to
    obey, shall be enforceable by order of an appropriate United States
    district court.
      (3) The authority provided by paragraph (1) may not be delegated.
      (4) In the year following a year in which authority provided in
    paragraph (1) is exercised for an executive agency, the head of the
    executive agency shall submit to the Committee on Governmental
    Affairs of the Senate and the Committee on Government Operations of
    the House of Representatives a report on the exercise of such
    authority during such preceding year and the reasons why such
    authority was exercised in any instance.
    (c) Comptroller General authority
      (1) Except as provided in paragraph (2), each contract awarded
    after using procedures other than sealed bid procedures shall
    provide that the Comptroller General and his representatives are
    authorized to examine any records of the contractor, or any of its
    subcontractors, that directly pertain to, and involve transactions
    relating to, the contract or subcontract.
      (2) Paragraph (1) does not apply to a contract or subcontract
    with a foreign contractor or foreign subcontractor if the executive
    agency concerned determines, with the concurrence of the
    Comptroller General or his designee, that the application of that
    paragraph to the contract or subcontract would not be in the public
    interest. However, the concurrence of the Comptroller General or
    his designee is not required - 
        (A) where the contractor or subcontractor is a foreign
      government or agency thereof or is precluded by the laws of the
      country involved from making its records available for
      examination; and
        (B) where the executive agency determines, after taking into
      account the price and availability of the property and services
      from United States sources, that the public interest would be
      best served by not applying paragraph (1).

      (3) Paragraph (1) may not be construed to require a contractor or
    subcontractor to create or maintain any record that the contractor
    or subcontractor does not maintain in the ordinary course of
    business or pursuant to another provision of law.
    (d) Limitation on audits relating to indirect costs
      An executive agency may not perform an audit of indirect costs
    under a contract, subcontract, or modification before or after
    entering into the contract, subcontract, or modification in any
    case in which the contracting officer determines that the
    objectives of the audit can reasonably be met by accepting the
    results of an audit that was conducted by any other department or
    agency of the Federal Government within one year preceding the date
    of the contracting officer's determination.
    (e) Limitation
      The authority of an executive agency under subsection (a) of this
    section, and the authority of the Comptroller General under
    subsection (c) of this section, with respect to a contract or
    subcontract shall expire three years after final payment under such
    contract or subcontract.
    (f) Inapplicability to certain contracts
      This section does not apply to the following contracts:
        (1) Contracts for utility services at rates not exceeding those
      established to apply uniformly to the public, plus any applicable
      reasonable connection charge.
        (2) A contract or subcontract that is not greater than the
      simplified acquisition threshold.
    (g) Form of original record storage
      Nothing in this section shall be construed to preclude a
    contractor from duplicating or storing original records in
    electronic form.
    (h) Use of images of original records
      An executive agency shall not require a contractor or
    subcontractor to provide original records in an audit carried out
    pursuant to this section if the contractor or subcontractor
    provides photographic or electronic images of the original records
    and meets the following requirements:
        (1) The contractor or subcontractor has established procedures
      to ensure that the imaging process preserves the integrity,
      reliability, and security of the original records.
        (2) The contractor or subcontractor maintains an effective
      indexing system to permit timely and convenient access to the
      imaged records.
        (3) The contractor or subcontractor retains the original
      records for a minimum of one year after imaging to permit
      periodic validation of the imaging systems.
    (i) "Records" defined
      In this section, the term "records" includes books, documents,
    accounting procedures and practices, and other data, regardless of
    type and regardless of whether such items are in written form, in
    the form of computer data, or in any other form.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 304C, as added and amended
    Pub. L. 103-355, title II, Sec. 2251(a), title IV, Sec. 4103(d),
    Oct. 13, 1994, 108 Stat. 3318, 3341; Pub. L. 104-106, div. D, title
    XLIII, Sec. 4321(e)(5), Feb. 10, 1996, 110 Stat. 675; Pub. L. 104-
    201, div. A, title VIII, Sec. 808(b), Sept. 23, 1996, 110 Stat.
    2607.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 and 8G of the Inspector General Act of 1978, referred
    to in subsec. (b)(1), are sections 3 and 8G of Pub. L. 95-452,
    which are set out in the Appendix to Title 5, Government
    Organization and Employees. The reference to section 8G of the Act
    probably means the section 8G which was renumbered by Pub. L. 103-
    204, Sec. 23(a)(3), Dec. 17, 1993, 107 Stat. 2408, and which
    relates to requirements for Federal entities and designated Federal
    entities.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-106 substituted "section 254b"
    for "section 254c".
      Subsec. (d). Pub. L. 104-201 amended heading and text of subsec.
    (d) generally. Prior to amendment, text read as follows: "An
    executive agency may not perform a preaward audit to evaluate
    proposed indirect costs under any contract, subcontract, or
    modification to be entered into in accordance with this subchapter
    in any case in which the contracting officer determines that the
    objectives of the audit can reasonably be met by accepting the
    results of an audit conducted by any other department or agency of
    the Federal Government within one year preceding the date of the
    contracting officer's determination."
      1994 - Subsec. (f)(2). Pub. L. 103-355, Sec. 4103(d), added par.
    (2).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Operations of House of Representatives
    treated as referring to Committee on Government Reform and
    Oversight of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.


-MISC2-
                     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                          
      For effective date and applicability of section, including
    amendment by Pub. L. 103-355, 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. 255                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 255. Contract financing

-STATUTE-
    (a) Payment authority
      Any executive agency may - 
        (1) make advance, partial, progress or other payments under
      contracts for property or services made by the agency; and
        (2) insert in solicitations for procurement of property or
      services a provision limiting to small business concerns advance
      or progress payments.
    (b) Performance-based payments
      Whenever practicable, payments under subsection (a) of this
    section shall be made on any of the following bases:
        (1) Performance measured by objective, quantifiable methods
      such as delivery of acceptable items, work measurement, or
      statistical process controls.
        (2) Accomplishment of events defined in the program management
      plan.
        (3) Other quantifiable measures of results.
    (c) Payment amount
      Payments made under subsection (a) of this section may not exceed
    the unpaid contract price.
    (d) Security for advance payments
      Advance payments under subsection (a) of this section may be made
    only upon adequate security and a determination by the agency head
    that to do so would be in the public interest. Such security may be
    in the form of a lien in favor of the Government on the property
    contracted for, on the balance in an account in which such payments
    are deposited, and on such of the property acquired for performance
    of the contract as the parties may agree. This lien shall be
    paramount to all other liens and is effective immediately upon the
    first advancement of funds without filing, notice, or any other
    action by the United States.
    (e) Conditions for progress payments
      (1) The executive agency shall ensure that any payment for work
    in progress (including materials, labor, and other items) under a
    contract of an executive agency that provides for such payments is
    commensurate with the work accomplished that meets standards
    established under the contract. The contractor shall provide such
    information and evidence as the executive agency determines
    necessary to permit the executive agency to carry out the preceding
    sentence.
      (2) The executive agency shall ensure that progress payments
    referred to in paragraph (1) are not made for more than 80 percent
    of the work accomplished under the contract so long as the
    executive agency has not made the contractual terms,
    specifications, and price definite.
      (3) This subsection applies to any contract in an amount greater
    than $25,000.
    (f) Conditions for payments for commercial items
      (1) Payments under subsection (a) of this section for commercial
    items may be made under such terms and conditions as the head of
    the executive agency determines are appropriate or customary in the
    commercial marketplace and are in the best interests of the United
    States. The head of the executive agency shall obtain adequate
    security for such payments. If the security is in the form of a
    lien in favor of the United States, such lien is paramount to all
    other liens and is effective immediately upon the first payment,
    without filing, notice, or other action by the United States.
      (2) Advance payments made under subsection (a) of this section
    for commercial items may include payments, in a total amount of not
    more than 15 percent of the contract price, in advance of any
    performance of work under the contract.
      (3) The conditions of subsections (d) and (e) of this section
    need not be applied if they would be inconsistent, as determined by
    the head of the executive agency, with commercial terms and
    conditions pursuant to paragraphs (1) and (2).
    (g) Action in case of fraud
      (1) In any case in which the remedy coordination official of an
    executive agency finds that there is substantial evidence that the
    request of a contractor for advance, partial, or progress payment
    under a contract awarded by that executive agency is based on
    fraud, the remedy coordination official shall recommend that the
    executive agency reduce or suspend further payments to such
    contractor.
      (2) The head of an executive agency receiving a recommendation
    under paragraph (1) in the case of a contractor's request for
    payment under a contract shall determine whether there is
    substantial evidence that the request is based on fraud. Upon
    making such a determination, the head of the executive agency may
    reduce or suspend further payments to the contractor under such
    contract.
      (3) The extent of any reduction or suspension of payments by an
    executive agency under paragraph (2) on the basis of fraud shall be
    reasonably commensurate with the anticipated loss to the United
    States resulting from the fraud.
      (4) A written justification for each decision of the head of an
    executive agency whether to reduce or suspend payments under
    paragraph (2), and for each recommendation received by the
    executive agency in connection with such decision, shall be
    prepared and be retained in the files of the executive agency.
      (5) The head of each executive agency shall prescribe procedures
    to ensure that, before the head of the executive agency decides to
    reduce or suspend payments in the case of a contractor under
    paragraph (2), the contractor is afforded notice of the proposed
    reduction or suspension and an opportunity to submit matters to the
    executive agency in response to such proposed reduction or
    suspension.
      (6) Not later than 180 days after the date on which the head of
    an executive agency reduces or suspends payments to a contractor
    under paragraph (2), the remedy coordination official of the
    executive agency shall - 
        (A) review the determination of fraud on which the reduction or
      suspension is based; and
        (B) transmit a recommendation to the head of such executive
      agency whether the suspension or reduction should continue.

      (7) The head of each executive agency who receives
    recommendations made by a remedy coordination official of the
    executive agency to reduce or suspend payments under paragraph (2)
    during a fiscal year shall prepare for such year a report that
    contains the recommendations, the actions taken on the
    recommendations and the reasons for such actions, and an assessment
    of the effects of such actions on the Federal Government. Any such
    report shall be available to any Member of Congress upon request.
      (8) The head of an executive agency may not delegate
    responsibilities under this subsection to any person in a position
    below level IV of the Executive Schedule.
      (9) In this subsection, the term "remedy coordination official",
    with respect to an executive agency, means the person or entity in
    that executive agency who coordinates within that executive agency
    the administration of criminal, civil, administrative, and
    contractual remedies resulting from investigations of fraud or
    corruption related to procurement activities.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 305, 63 Stat. 396; July
    12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594; Pub. L. 85-800, Sec. 4,
    Aug. 28, 1958, 72 Stat. 966; Pub. L. 103-355, title II, Sec.
    2051(a)-(e), Oct. 13, 1994, 108 Stat. 3303, 3304; Pub. L. 104-106,
    div. D, title XLIII, Sec. 4321(a)(4), Feb. 10, 1996, 110 Stat.
    671.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level IV of the Executive Schedule, referred to in subsec.
    (g)(8), is set out in section 5315 of Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (e) to (g). Pub. L. 104-106 made technical
    correction to directory language of Pub. L. 103-355, Sec. 2051(e).
    See 1994 Amendment note below.
      1994 - Pub. L. 103-355, Sec. 2051(a)(1), inserted section
    catchline.
      Subsec. (a). Pub. L. 103-355, Sec. 2051(a)(2), (c), inserted
    heading and struck out "bid" before "solicitations" in par. (2).
      Subsec. (b). Pub. L. 103-355, Sec. 2051(a)(5), (b), added subsec.
    (b) and redesignated former subsec. (b) as (c).
      Pub. L. 103-355, Sec. 2051(a)(3), inserted heading.
      Subsec. (c). Pub. L. 103-355, Sec. 2051(a)(5), redesignated
    subsec. (b) as (c). Former subsec. (c) redesignated (d).
      Pub. L. 103-355, Sec. 2051(a)(4), inserted heading.
      Subsec. (d). Pub. L. 103-355, Sec. 2051(d), inserted before
    period at end of third sentence "and is effective immediately upon
    the first advancement of funds without filing, notice, or any other
    action by the United States".
      Pub. L. 103-355, Sec. 2051(a)(5), redesignated subsec. (c) as
    (d).
      Subsecs. (e) to (g). Pub. L. 103-355, Sec. 2051(e), as amended by
    Pub. L. 104-106, added subsecs. (e) to (g).
      1958 - Pub. L. 85-800 authorized advance or other payments under
    contracts for property or services by agency and insertion in bid
    solicitations of provision limiting advance or progress payments to
    small business concerns, restricted payments under subsec. (a) of
    this section to unpaid contract price, and reworded generally
    conditions for making advance payments.
      1952 - Subsecs. (a), (b). Act July 12, 1952, substituted
    "property" for "supplies" wherever appearing.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 4321(a) of Pub. L. 104-106 provided that the amendment
    made by that section is effective as of Oct. 13, 1994, and as if
    included in Pub. L. 103-355 as enacted.

                     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                          
      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.

                          EXEMPTION OF FUNCTIONS                      
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30
    F.R. 6635, set out as a note under section 2393 of Title 22,
    Foreign Relations and Intercourse.

                RELATIONSHIP TO PROMPT PAYMENT REQUIREMENTS            
      Section 2051(f) of Pub. L. 103-355 provided that: "The amendments
    made by this section [amending this section] are not intended to
    impair or modify procedures required by the provisions of chapter
    39 of title 31, United States Code, and the regulations issued
    pursuant to such provisions of law (as such procedures are in
    effect on the date of the enactment of this Act [Oct. 13, 1994]),
    except that the Government may accept payment terms offered by a
    contractor offering a commercial item."

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

-End-



-CITE-
    41 USC Sec. 256                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 256. Allowable costs

-STATUTE-
    (a) Indirect cost that violates FAR cost principle
      An executive agency shall require that a covered contract provide
    that if the contractor submits to the executive agency a proposal
    for settlement of indirect costs incurred by the contractor for any
    period after such costs have been accrued and if that proposal
    includes the submission of a cost which is unallowable because the
    cost violates a cost principle in the Federal Acquisition
    Regulation (referred to in section 421(c)(1) of this title) or an
    executive agency supplement to the Federal Acquisition Regulation,
    the cost shall be disallowed.
    (b) Penalty for violation of cost principle
      (1) If the executive agency determines that a cost submitted by a
    contractor in its proposal for settlement is expressly unallowable
    under a cost principle referred to in subsection (a) of this
    section that defines the allowability of specific selected costs,
    the executive agency shall assess a penalty against the contractor
    in an amount equal to - 
        (A) the amount of the disallowed cost allocated to covered
      contracts for which a proposal for settlement of indirect costs
      has been submitted; plus
        (B) interest (to be computed based on provisions in the Federal
      Acquisition Regulation) to compensate the United States for the
      use of any funds which a contractor has been paid in excess of
      the amount to which the contractor was entitled.

      (2) If the executive agency determines that a proposal for
    settlement of indirect costs submitted by a contractor includes a
    cost determined to be unallowable in the case of such contractor
    before the submission of such proposal, the executive agency shall
    assess a penalty against the contractor in an amount equal to two
    times the amount of the disallowed cost allocated to covered
    contracts for which a proposal for settlement of indirect costs has
    been submitted.
    (c) Waiver of penalty
      The Federal Acquisition Regulation shall provide for a penalty
    under subsection (b) of this section to be waived in the case of a
    contractor's proposal for settlement of indirect costs when - 
        (1) the contractor withdraws the proposal before the formal
      initiation of an audit of the proposal by the Federal Government
      and resubmits a revised proposal;
        (2) the amount of unallowable costs subject to the penalty is
      insignificant; or
        (3) the contractor demonstrates, to the contracting officer's
      satisfaction, that - 
          (A) it has established appropriate policies and personnel
        training and an internal control and review system that provide
        assurances that unallowable costs subject to penalties are
        precluded from being included in the contractor's proposal for
        settlement of indirect costs; and
          (B) the unallowable costs subject to the penalty were
        inadvertently incorporated into the proposal.
    (d) Applicability of contract disputes procedure to disallowance of
      cost and assessment of penalty
      An action of an executive agency under subsection (a) or (b) of
    this section - 
        (1) shall be considered a final decision for the purposes of
      section 605 of this title; and
        (2) is appealable in the manner provided in section 606 of this
      title.
    (e) Specific costs not allowable
      (1) The following costs are not allowable under a covered
    contract:
        (A) Costs of entertainment, including amusement, diversion, and
      social activities, and any costs directly associated with such
      costs (such as tickets to shows or sports events, meals, lodging,
      rentals, transportation, and gratuities).
        (B) Costs incurred to influence (directly or indirectly)
      legislative action on any matter pending before Congress, a State
      legislature, or a legislative body of a political subdivision of
      a State.
        (C) Costs incurred in defense of any civil or criminal fraud
      proceeding or similar proceeding (including filing of any false
      certification) brought by the United States where the contractor
      is found liable or had pleaded nolo contendere to a charge of
      fraud or similar proceeding (including filing of a false
      certification).
        (D) Payments of fines and penalties resulting from violations
      of, or failure to comply with, Federal, State, local, or foreign
      laws and regulations, except when incurred as a result of
      compliance with specific terms and conditions of the contract or
      specific written instructions from the contracting officer
      authorizing in advance such payments in accordance with
      applicable provisions of the Federal Acquisition Regulation.
        (E) Costs of membership in any social, dining, or country club
      or organization.
        (F) Costs of alcoholic beverages.
        (G) Contributions or donations, regardless of the recipient.
        (H) Costs of advertising designed to promote the contractor or
      its products.
        (I) Costs of promotional items and memorabilia, including
      models, gifts, and souvenirs.
        (J) Costs for travel by commercial aircraft which exceed the
      amount of the standard commercial fare.
        (K) Costs incurred in making any payment (commonly known as a
      "golden parachute payment") which is - 
          (i) in an amount in excess of the normal severance pay paid
        by the contractor to an employee upon termination of
        employment; and
          (ii) is paid to the employee contingent upon, and following,
        a change in management control over, or ownership of, the
        contractor or a substantial portion of the contractor's assets.

        (L) Costs of commercial insurance that protects against the
      costs of the contractor for correction of the contractor's own
      defects in materials or workmanship.
        (M) Costs of severance pay paid by the contractor to foreign
      nationals employed by the contractor under a service contract
      performed outside the United States, to the extent that the
      amount of severance pay paid in any case exceeds the amount paid
      in the industry involved under the customary or prevailing
      practice for firms in that industry providing similar services in
      the United States, as determined under the Federal Acquisition
      Regulation.
        (N) Costs of severance pay paid by the contractor to a foreign
      national employed by the contractor under a service contract
      performed in a foreign country if the termination of the
      employment of the foreign national is the result of the closing
      of, or the curtailment of activities at, a United States facility
      in that country at the request of the government of that country.
        (O) Costs incurred by a contractor in connection with any
      criminal, civil, or administrative proceeding commenced by the
      United States or a State, to the extent provided in subsection
      (k) of this section.
        (P) Costs of compensation of senior executives of contractors
      for a fiscal year, regardless of the contract funding source, to
      the extent that such compensation exceeds the benchmark
      compensation amount determined applicable for the fiscal year by
      the Administrator for Federal Procurement Policy under section
      435 of this title.

      (2)(A) Pursuant to the Federal Acquisition Regulation and subject
    to the availability of appropriations, an executive agency, in
    awarding a covered contract, may waive the application of the
    provisions of paragraphs (1)(M) and (1)(N) to that contract if the
    executive agency determines that - 
        (i) the application of such provisions to the contract would
      adversely affect the continuation of a program, project, or
      activity that provides significant support services for employees
      of the executive agency posted outside the United States;
        (ii) the contractor has taken (or has established plans to
      take) appropriate actions within the contractor's control to
      minimize the amount and number of incidents of the payment of
      severance pay by the contractor to employees under the contract
      who are foreign nationals; and
        (iii) the payment of severance pay is necessary in order to
      comply with a law that is generally applicable to a significant
      number of businesses in the country in which the foreign national
      receiving the payment performed services under the contract or is
      necessary to comply with a collective bargaining agreement.

      (B) An executive agency shall include in the solicitation for a
    covered contract a statement indicating - 
        (i) that a waiver has been granted under subparagraph (A) for
      the contract; or
        (ii) whether the executive agency will consider granting such a
      waiver, and, if the executive agency will consider granting a
      waiver, the criteria to be used in granting the waiver.

      (C) An executive agency shall make the final determination
    regarding whether to grant a waiver under subparagraph (A) with
    respect to a covered contract before award of the contract.
      (3) The provisions of the Federal Acquisition Regulation
    implementing this section may establish appropriate definitions,
    exclusions, limitations, and qualifications. Any submission by a
    contractor of costs which are incurred by the contractor and which
    are claimed to be allowable under Department of Energy management
    and operating contracts shall be considered a "proposal for
    settlement of indirect costs incurred by the contractor for any
    period after such costs have been accrued", as used in this
    section.
    (f) Required regulations
      (1) The Federal Acquisition Regulation shall contain provisions
    on the allowability of contractor costs. Such provisions shall
    define in detail and in specific terms those costs which are
    unallowable, in whole or in part, under covered contracts. The
    regulations shall, at a minimum, clarify the cost principles
    applicable to contractor costs of the following:
        (A) Air shows.
        (B) Membership in civic, community, and professional
      organizations.
        (C) Recruitment.
        (D) Employee morale and welfare.
        (E) Actions to influence (directly or indirectly) executive
      branch action on regulatory and contract matters (other than
      costs incurred in regard to contract proposals pursuant to
      solicited or unsolicited bids).
        (F) Community relations.
        (G) Dining facilities.
        (H) Professional and consulting services, including legal
      services.
        (I) Compensation.
        (J) Selling and marketing.
        (K) Travel.
        (L) Public relations.
        (M) Hotel and meal expenses.
        (N) Expense of corporate aircraft.
        (O) Company-furnished automobiles.
        (P) Advertising.
        (Q) Conventions.

      (2) The Federal Acquisition Regulation shall require that a
    contracting officer not resolve any questioned costs until the
    contracting officer has obtained - 
        (A) adequate documentation with respect to such costs; and
        (B) the opinion of the contract auditor on the allowability of
      such costs.

      (3) The Federal Acquisition Regulation shall provide that, to the
    maximum extent practicable, a contract auditor be present at any
    negotiation or meeting with the contractor regarding a
    determination of the allowability of indirect costs of the
    contractor.
      (4) The Federal Acquisition Regulation shall require that all
    categories of costs designated in the report of a contract auditor
    as questioned with respect to a proposal for settlement be resolved
    in such a manner that the amount of the individual questioned costs
    that are paid will be reflected in the settlement.
    (g) Applicability of regulations to subcontractors
      The regulations referred to in subsections (e) and (f)(1) of this
    section shall require prime contractors of a covered contract, to
    the maximum extent practicable, to apply the provisions of such
    regulations to all subcontractors of the covered contract.
    (h) Contractor certification required
      (1) A proposal for settlement of indirect costs applicable to a
    covered contract shall include a certification by an official of
    the contractor that, to the best of the certifying official's
    knowledge and belief, all indirect costs included in the proposal
    are allowable. Any such certification shall be in a form prescribed
    in the Federal Acquisition Regulation.
      (2) An executive agency may, in an exceptional case, waive the
    requirement for certification under paragraph (1) in the case of
    any contract if the agency - 
        (A) determines in such case that it would be in the interest of
      the United States to waive such certification; and
        (B) states in writing the reasons for that determination and
      makes such determination available to the public.
    (i) Penalties for submission of cost known as not allowable
      The submission to an executive agency of a proposal for
    settlement of costs for any period after such costs have been
    accrued that includes a cost that is expressly specified by statute
    or regulation as being unallowable, with the knowledge that such
    cost is unallowable, shall be subject to the provisions of section
    287 of title 18 and section 3729 of title 31.
    (j) Contractor to have burden of proof
      In a proceeding before a board of contract appeals, the United
    States Court of Federal Claims, or any other Federal court in which
    the reasonableness of indirect costs for which a contractor seeks
    reimbursement from the United States is in issue, the burden of
    proof shall be upon the contractor to establish that those costs
    are reasonable.
    (k) Proceeding costs not allowable
      (1) Except as otherwise provided in this subsection, costs
    incurred by a contractor in connection with any criminal, civil, or
    administrative proceeding commenced by the United States or a State
    are not allowable as reimbursable costs under a covered contract if
    the proceeding (A) relates to a violation of, or failure to comply
    with, a Federal or State statute or regulation, and (B) results in
    a disposition described in paragraph (2).
      (2) A disposition referred to in paragraph (1)(B) is any of the
    following:
        (A) In the case of a criminal proceeding, a conviction
      (including a conviction pursuant to a plea of nolo contendere) by
      reason of the violation or failure referred to in paragraph (1).
        (B) In the case of a civil or administrative proceeding
      involving an allegation of fraud or similar misconduct, a
      determination of contractor liability on the basis of the
      violation or failure referred to in paragraph (1).
        (C) In the case of any civil or administrative proceeding, the
      imposition of a monetary penalty by reason of the violation or
      failure referred to in paragraph (1).
        (D) A final decision - 
          (i) to debar or suspend the contractor,
          (ii) to rescind or void the contract, or
          (iii) to terminate the contract for default,

      by reason of the violation or failure referred to in paragraph
      (1).
        (E) A disposition of the proceeding by consent or compromise if
      such action could have resulted in a disposition described in
      subparagraph (A), (B), (C), or (D).

      (3) In the case of a proceeding referred to in paragraph (1) that
    is commenced by the United States and is resolved by consent or
    compromise pursuant to an agreement entered into by a contractor
    and the United States, the costs incurred by the contractor in
    connection with such proceeding that are otherwise not allowable as
    reimbursable costs under such paragraph may be allowed to the
    extent specifically provided in such agreement.
      (4) In the case of a proceeding referred to in paragraph (1) that
    is commenced by a State, the executive agency that awarded the
    covered contract involved in the proceeding may allow the costs
    incurred by the contractor in connection with such proceeding as
    reimbursable costs if the executive agency determines, in
    accordance with the Federal Acquisition Regulation, that the costs
    were incurred as a result of (A) a specific term or condition of
    the contract, or (B) specific written instructions of the executive
    agency.
      (5)(A) Except as provided in subparagraph (C), costs incurred by
    a contractor in connection with a criminal, civil, or
    administrative proceeding commenced by the United States or a State
    in connection with a covered contract may be allowed as
    reimbursable costs under the contract if such costs are not
    disallowable under paragraph (1), but only to the extent provided
    in subparagraph (B).
      (B)(i) The amount of the costs allowable under subparagraph (A)
    in any case may not exceed the amount equal to 80 percent of the
    amount of the costs incurred, to the extent that such costs are
    determined to be otherwise allowable and allocable under the
    Federal Acquisition Regulation.
      (ii) Regulations issued for the purpose of clause (i) shall
    provide for appropriate consideration of the complexity of
    procurement litigation, generally accepted principles governing the
    award of legal fees in civil actions involving the United States as
    a party, and such other factors as may be appropriate.
      (C) In the case of a proceeding referred to in subparagraph (A),
    contractor costs otherwise allowable as reimbursable costs under
    this paragraph are not allowable if (i) such proceeding involves
    the same contractor misconduct alleged as the basis of another
    criminal, civil, or administrative proceeding, and (ii) the costs
    of such other proceeding are not allowable under paragraph (1).
      (6) In this subsection:
        (A) The term "proceeding" includes an investigation.
        (B) The term "costs", with respect to a proceeding - 
          (i) means all costs incurred by a contractor, whether before
        or after the commencement of any such proceeding; and
          (ii) includes - 
            (I) administrative and clerical expenses;
            (II) the cost of legal services, including legal services
          performed by an employee of the contractor;
            (III) the cost of the services of accountants and
          consultants retained by the contractor; and
            (IV) the pay of directors, officers, and employees of the
          contractor for time devoted by such directors, officers, and
          employees to such proceeding.

        (C) The term "penalty" does not include restitution,
      reimbursement, or compensatory damages.
    (l) "Covered contract" defined
      (1) In this section, the term "covered contract" means a contract
    for an amount in excess of $500,000 that is entered into by an
    executive agency, except that such term does not include a fixed-
    price contract without cost incentives or any firm, fixed price
    contract for the purchase of commercial items.
      (2) Effective on October 1 of each year that is divisible by
    five, the amount set forth in paragraph (1) shall be adjusted to
    the equivalent amount in constant fiscal year 1994 dollars. An
    amount, as so adjusted, that is not evenly divisible by $50,000
    shall be rounded to the nearest multiple of $50,000. In the case of
    an amount that is evenly divisible by $25,000 but is not evenly
    divisible by $50,000, the amount shall be rounded to the next
    higher multiple of $50,000.
    (m) Other definitions
      In this section:
        (1) The term "compensation", for a fiscal year, means the total
      amount of wages, salary, bonuses and deferred compensation for
      the fiscal year, whether paid, earned, or otherwise accruing, as
      recorded in an employer's cost accounting records for the fiscal
      year.
        (2) The term "senior executives", with respect to a contractor,
      means the five most highly compensated employees in management
      positions at each home office and each segment of the contractor.
        (3) The term "fiscal year" means a fiscal year established by a
      contractor for accounting purposes.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 306, as added Pub. L. 100-
    700, Sec. 8(a)(1), Nov. 19, 1988, 102 Stat. 4634; amended Pub. L.
    103-355, title II, Sec. 2151, Oct. 13, 1994, 108 Stat. 3309; Pub.
    L. 105-85, div. A, title VIII, Sec. 808(b), Nov. 18, 1997, 111
    Stat. 1836; Pub. L. 105-261, div. A, title VIII, Sec. 804(b), Oct.
    17, 1998, 112 Stat. 2083.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 256, act June 30, 1949, ch. 288, title III, Sec.
    306, 63 Stat. 396, related to waiver of liquidated damages, prior
    to repeal by act Sept. 5, 1950, ch. 849, Sec. 10(b), 64 Stat. 591,
    eff. July 1, 1949. See section 256a of this title.

                                AMENDMENTS                            
      1998 - Subsec. (m)(2). Pub. L. 105-261 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The term
    'senior executive', with respect to a contractor, means - 
        "(A) the chief executive officer of the contractor or any
      individual acting in a similar capacity for the contractor;
        "(B) the four most highly compensated employees in management
      positions of the contractor other than the chief executive
      officer; and
        "(C) in the case of a contractor that has components which
      report directly to the contractor's headquarters, the five most
      highly compensated individuals in management positions at each
      such component."
      1997 - Subsec. (e)(1)(P). Pub. L. 105-85, Sec. 808(b)(1), added
    subpar. (P).
      Subsec. (m). Pub. L. 105-85, Sec. 808(b)(2), added subsec. (m).
      1994 - Pub. L. 103-355 amended section generally, substituting
    present provisions for provisions outlining limitations on
    allowability of costs incurred by contractors in criminal, civil,
    or administrative proceedings relating to violations of Federal or
    State statutes or regulations, which resulted in dispositions
    against contractors based on such violations.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-261 applicable with respect to costs of
    compensation of senior executives incurred after Jan. 1, 1999,
    under covered contracts entered into before, on, or after Oct. 17,
    1998, see section 804(d) of Pub. L. 105-261, set out as a note
    under section 2324 of Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-85 effective on date that is 90 days
    after Nov. 18, 1997, and applicable with respect to costs of
    compensation incurred after Jan. 1, 1998, under covered contracts
    entered into before, on, or after Nov. 18, 1997, see section 808(e)
    of Pub. L. 105-85, set out as an Effective Date note under section
    435 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                          
      Section effective with respect to contracts awarded after Nov.
    19, 1988, see section 8(e) of Pub. L. 100-700, set out as an
    Effective and Termination Dates of 1988 Amendment note under
    section 2324 of Title 10, Armed Forces.

      REVISION OF COST PRINCIPLE RELATING TO ENTERTAINMENT, GIFT, AND
                 RECREATION COSTS FOR CONTRACTOR EMPLOYEES
      Section 2192 of Pub. L. 103-355 provided that:
      "(a) Costs Not Allowable. - (1) The costs of gifts or recreation
    for employees of a contractor or members of their families that are
    provided by the contractor to improve employee morale or
    performance or for any other purpose are not allowable under a
    covered contract unless, within 120 days after the date of the
    enactment of this Act [Oct. 13, 1994], the Federal Acquisition
    Regulatory Council prescribes amendments to the Federal Acquisition
    Regulation specifying circumstances under which such costs are
    allowable under a covered contract.
      "(2) Not later than 90 days after the date of the enactment of
    this Act, the Federal Acquisition Regulatory Council shall amend
    the cost principle in the Federal Acquisition Regulation that is
    set out in section 31.205-14 of title 48, Code of Federal
    Regulations, relating to unallowability of entertainment costs - 
        "(A) by inserting in the cost principle a statement that costs
      made specifically unallowable under that cost principle are not
      allowable under any other cost principle; and
        "(B) by striking out '(but see 31.205-1 and 31.205-13)'.
      "(b) Definitions. - In this section:
        "(1) The term 'employee' includes officers and directors of a
      contractor.
        "(2) The term 'covered contract' has the meaning given such
      term in section 2324(l) of title 10, United States Code (as
      amended by section 2101(c)), and section 306(l) of the Federal
      Property and Administrative Services Act of 1949 (as added by
      section 2151) [41 U.S.C. 256(l)].
      "(c) Effective Date. - Any amendments to the Federal Acquisition
    Regulation made pursuant to subsection (a) shall apply with respect
    to costs incurred after the date on which the amendments made by
    section 2101 apply (as provided in section 10001) [set out as an
    Effective Date of 1994 Amendment note under section 251 of this
    title]) or the date on which the amendments made by section 2151
    apply (as provided in section 10001), whichever is later."

-End-



-CITE-
    41 USC Sec. 256a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 256a. Waiver of liquidated damages

-STATUTE-
      Whenever any contract made on behalf of the Government by the
    head of any Federal Agency, or by officers authorized by him so to
    do, includes a provision for liquidated damages for delay, the
    Secretary of the Treasury upon recommendation of such head is
    authorized and empowered to remit the whole or any part of such
    damages as in his discretion may be just and equitable.

-SOURCE-
    (Sept. 5, 1950, ch. 849, Sec. 10(a), 64 Stat. 591; Pub. L. 104-316,
    title II, Sec. 202(u), Oct. 19, 1996, 110 Stat. 3845.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title III of act June 30,
    1949, ch. 288, 63 Stat. 393, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-316 substituted "Secretary of the Treasury"
    for "Comptroller General".

-End-



-CITE-
    41 USC Sec. 257                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 257. Administrative determinations

-STATUTE-
    (a) Conclusiveness; delegation of powers
      Determinations and decisions provided in this Act to be made by
    the Administrator or other agency head shall be final. Such
    determinations or decisions may be made with respect to individual
    purchases or contracts or, except for determinations or decisions
    under sections 253, 253a, and 253b of this title, with respect to
    classes of purchases or contracts. Except as provided in section
    253(d)(2) of this title, and except as provided in section
    121(d)(1) and (2) of title 40 with respect to the Administrator,
    the agency head is authorized to delegate his powers provided by
    this Act, including the making of such determinations and
    decisions, in his discretion and subject to his direction, to any
    other officer or officers or officials of the agency.
    (b) Basis of determinations; finding conclusive; preservation of
      findings; copy
      Each determination or decision required by section 254 or by
    section 255(d) of this title shall be based upon written findings
    made by the official making such determination, which findings
    shall be final and shall be available within the agency for a
    period of at least six years following the date of the
    determination.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 307, 63 Stat. 396; Pub. L.
    85-800, Sec. 5, Aug. 28, 1958, 72 Stat. 967; Pub. L. 89-343, Secs.
    3, 4, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 98-369, div. B, title
    VII, Sec. 2714(a)(4), July 18, 1984, 98 Stat. 1184; Pub. L. 104-
    106, div. D, title XLIII, Sec. 4321(e)(6), Feb. 10, 1996, 110
    Stat. 675; Pub. L. 104-316, title I, Sec. 121(c), Oct. 19, 1996,
    110 Stat. 3836.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is act June 30, 1949, ch.
    288, 63 Stat. 377, as amended, known as the Federal Property and
    Administrative Services Act of 1949. Except for title III of the
    Act, which is classified generally to this subchapter, the Act was
    repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,
    2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public
    Buildings, Property, and Works.

-COD-
                               CODIFICATION                           
      "Section 121(d)(1) and (2) of title 40" substituted in subsec.
    (a) for "section 205(d)", meaning section 205(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                            
      1996 - Subsec. (b). Pub. L. 104-316 struck out at end "A copy of
    the findings shall be submitted to the General Accounting Office
    with the contract."
      Pub. L. 104-106 substituted "section 255(d)" for "section
    255(c)".
      1984 - Subsec. (a). Pub. L. 98-369, Sec. 2714(a)(4), substituted
    provision that determinations and decisions provided in this Act to
    be made by the Administrator or other agency head shall be final
    for provision that such determinations and decisions provided in
    this subchapter to be made by such official would be final, and
    inserted exception for determinations or decisions under sections
    253, 253a, and 253b of this title, substituted "Except as provided
    in section 253(d)(2) of this title" for "Except as provided in
    subsection (b) of this section", and directed the substitution of
    "this Act" for "this chapter" after "powers provided by", which
    substitution was not capable of literal execution because the
    original text read "this title". Consequently, the amendment was
    executed by substituting "this Act" for "this title" as the
    probable intent of Congress.
      Subsecs. (b), (c). Pub. L. 98-369, Sec. 2714(a)(4)(D)-(F),
    redesignated subsec. (c) as (b), struck out "paragraphs (11), (12),
    (13), or of section 253(c)", and struck out former subsec. (b)
    which related to nondelegable powers and powers delegable to
    certain persons.
      Subsec. (d). Pub. L. 98-369, Sec. 2714(a)(4)(G), struck out
    subsec. (d) which related to preservation of data relating to
    contracts negotiated pursuant to the former provisions of section
    252(c) of this title.
      1965 - Subsec. (a). Pub. L. 89-343, Sec. 3, inserted "and except
    as provided in section 486(d) of title 40 with respect to the
    Administrator".
      Subsec. (b). Pub. L. 89-343, Sec. 4, struck out provisions which
    made the power of Administrator to make the delegations and
    determinations specified in section 252(a) of this title delegable
    only to Deputy Administrator or to chief official of any principal
    organizational unit of General Services Administration.
      1958 - Subsec. (b). Pub. L. 85-800, Sec. 5(a), (b), substituted
    "(12)" for "(11)", "(13)" for "(12)", and "(11)" for "(10)" and
    struck out "and in section 255(a) of this title" before "shall not
    be delegable" in first sentence.
      Subsec. (c). Pub. L. 85-800, Sec. 5(a), (c), substituted "(11),
    (12), (13), or (14)" for "(10), (11), (12), or (13)", and "255(c)"
    for "255(a)".

                     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 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.

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

-End-



-CITE-
    41 USC Sec. 258                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 258. Repealed.

-MISC1-
    Sec. 258. Repealed. Pub. L. 103-355, title VII, Sec. 7205, Oct. 13,
      1994, 108 Stat. 3382.
      Section, acts June 30, 1949, ch. 288, title III, Sec. 308, 63
    Stat. 397; July 18, 1984, Pub. L. 98-369, div. B, title VII, Sec.
    2714(a)(5), 98 Stat. 1185, related to application of certain laws
    to purchases or contracts.

-End-



-CITE-
    41 USC Sec. 259                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 259. Definitions

-STATUTE-
      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)

        (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.

-SOURCE-
    (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.)

-REFTEXT-
                            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.


-MISC1-
                                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.

-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. 260                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 260. Laws not applicable to contracts

-STATUTE-
      Sections 5, 8, and 13 of this title shall not apply to the
    procurement of property or services made by an executive agency
    pursuant to this subchapter. Any provision of law which authorizes
    an executive agency (other than an executive agency which is
    exempted from the provisions of this subchapter by section 252(a)
    of this title), to procure any property or services without
    advertising or without regard to said section 5 of this title shall
    be construed to authorize the procurement of such property or
    services pursuant to the provisions of this subchapter relating to
    procedures other than sealed-bid procedures.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 310, 63 Stat. 397; July
    12, 1952, ch. 703, Sec. 1(m), (n), 66 Stat. 594; Pub. L. 85-800,
    Sec. 6, Aug. 28, 1958, 72 Stat. 967; Pub. L. 89-343, Sec. 5, Nov.
    8, 1965, 79 Stat. 1303; Pub. L. 98-369, div. B, title VII, Sec.
    2714(a)(6), July 18, 1984, 98 Stat. 1185.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-369 substituted "the provisions of this
    subchapter relating to procedures other than sealed-bid procedures"
    for "section 252(c)(15) of this title without regard to the
    advertising requirements of sections 252(c) and 253 of this title".
      1965 - Pub. L. 89-343 substituted provisions making sections 5,
    8, and 13 of this title inapplicable to the procurement of property
    or services made by an executive agency pursuant to this
    subchapter, and requiring any provision of law which authorizes an
    executive agency (other than an executive agency which is exempted
    from the provisions of this subchapter by section 252(a) of this
    title) to procure any property or services without advertising or
    without regard to said section 5 of this title to be construed to
    authorize the procurement of such property or services pursuant to
    section 252(c)(15) of this title without regard to the advertising
    requirements of section 252(c) and 253 of this title, for
    provisions which made sections 5, 6, 6a, and 13 of this title
    inapplicable to the procurement of property or services by the
    General Services Administration, or within the scope of authority
    delegated by the Administrator to any other executive agency, and
    which required reference in any Act to the applicability of section
    5 of this title to the procurement of property or services by the
    General Services Administration or any constituent organization
    thereof or any other executive agency delegated authority pursuant
    to section 252(a)(2) of this title to be deemed a reference to
    section 252(c) of this title.
      1958 - Subsec. (b). Pub. L. 85-800 inserted "or any other
    executive agency delegated authority pursuant to section 252(a)(2)
    of this title".
      1952 - Act July 12, 1952, designated existing provisions as
    subsec. (a), added subsec. (b), and substituting "property" for
    "supplies" in subsec. (a).

                     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.

-End-



-CITE-
    41 USC Sec. 261                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 261. Assignment and delegation of procurement functions and
      responsibilities

-STATUTE-
    (a) In general
      Except to the extent expressly prohibited by another provision of
    law, the head of an executive agency may delegate to any other
    officer or official of that agency, any power under this
    subchapter.
    (b) Procurements for or with other agencies
      Subject to subsection (a) of this section, to facilitate the
    procurement of property and services covered by this subchapter by
    each executive agency for any other executive agency, and to
    facilitate joint procurement by those executive agencies - 
        (1) the head of an executive agency may delegate functions and
      assign responsibilities relating to procurement to any officer or
      employee within such agency;
        (2) the heads of two or more executive agencies may by
      agreement delegate procurement functions and assign procurement
      responsibilities, consistent with section 1535 of title 31 and
      regulations issued under section 1074 of the Federal Acquisition
      Streamlining Act of 1994, from one executive agency to another of
      those executive agencies or to an officer or civilian employee of
      another of those executive agencies; and
        (3) the heads of two or more executive agencies may establish
      joint or combined offices to exercise procurement functions and
      responsibilities.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 311, as added Pub. L. 103-
    355, title I, Sec. 1552, Oct. 13, 1994, 108 Stat. 3299.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1074 of the Federal Acquisition Streamling Act of 1994,
    referred to in subsec. (b)(2), is section 1074 of Pub. L. 103-355,
    which is set out as a note under section 1535 of Title 31, Money
    and Finance.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 261, Pub. L. 101-509, title V, Sec. 532, Nov. 5,
    1990, 104 Stat. 1470; Pub. L. 102-393, title V, Sec. 529, Oct. 6,
    1992, 106 Stat. 1761, related to Internal Revenue Service
    procurement of expert services, prior to repeal by Pub. L. 103-355,
    Sec. 1055(c).

                              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. 262                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 262. Determinations and decisions

-STATUTE-
    (a) Individual or class determinations and decisions authorized
      Determinations and decisions required to be made under this
    subchapter by the head of an executive agency may be made for an
    individual purchase or contract or, except to the extent expressly
    prohibited by another provision of law, for a class of purchases or
    contracts. Such determinations and decisions are final.
    (b) Written findings required
      (1) Each determination under section 255(d) of this title or
    section 254d(c)(2)(B) of this title shall be based on a written
    finding by the person making the determination or decision. The
    finding shall set out facts and circumstances that support the
    determination or decision.
      (2) Each finding referred to in paragraph (1) is final.
      (3) The head of an executive agency shall maintain for a period
    of not less than 6 years a copy of each finding referred to in
    paragraph (1) that is made by a person in that executive agency.
    The period begins on the date of the determination or decision to
    which the finding relates.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 312, as added Pub. L. 103-
    355, title I, Sec. 1553, Oct. 13, 1994, 108 Stat. 3300.)


-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. 263                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 263. Performance based management: acquisition programs

-STATUTE-
    (a) Congressional policy
      It is the policy of Congress that the head of each executive
    agency should achieve, on average, 90 percent of the cost,
    performance, and schedule goals established for major acquisition
    programs of the agency.
    (b) Establishment of goals
      (1) The head of each executive agency shall approve or define the
    cost, performance, and schedule goals for major acquisition
    programs of the agency.
      (2) The chief financial officer of an executive agency shall
    evaluate the cost goals proposed for each major acquisition program
    of the agency.
    (c) Identification of noncompliant programs
      Whenever it is necessary to do so in order to implement the
    policy set out in subsection (a) of this section, the head of an
    executive agency shall - 
        (1) determine whether there is a continuing need for programs
      that are significantly behind schedule, over budget, or not in
      compliance with performance or capability requirements; and
        (2) identify suitable actions to be taken, including
      termination, with respect to such programs.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 313, as added Pub. L. 103-
    355, title V, Sec. 5051(a), Oct. 13, 1994, 108 Stat. 3351; amended
    Pub. L. 105-85, div. A, title VIII, Sec. 851(a), Nov. 18, 1997, 111
    Stat. 1851.)


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a). Pub. L. 105-85 amended heading and text of
    subsec. (a) generally. Prior to amendment, text read as follows:
    "It is the policy of Congress that the head of each executive
    agency should achieve, on average, 90 percent of the cost and
    schedule goals established for major and nonmajor acquisition
    programs of the agency without reducing the performance or
    capabilities of the items being acquired."

                 ENHANCED SYSTEM OF PERFORMANCE INCENTIVES             
      Section 5051(c) of Pub. L. 103-355 provided that: "Within one
    year after the date of the enactment of this Act [Oct. 13, 1994],
    the Deputy Director for Management of the Office of Management and
    Budget, in consultation with appropriate officials in other
    departments and agencies of the Federal Government, shall, to the
    maximum extent consistent with applicable law - 
        "(1) establish policies and procedures for the heads of such
      departments and agencies to designate acquisition positions and
      manage employees (including the accession, education, training
      and career development of employees) in the designated
      acquisition positions; and
        "(2) review the incentives and personnel actions available to
      the heads of departments and agencies of the Federal Government
      for encouraging excellence in the acquisition workforce of the
      Federal Government and provide an enhanced system of incentives
      for the encouragement of excellence in such workforce which - 
          "(A) relates pay to performance (including the extent to
        which the performance of personnel in such workforce
        contributes to achieving the cost goals, schedule goals, and
        performance goals established for acquisition programs pursuant
        to section 313(b) of the Federal Property and Administrative
        Services Act of 1949, as added by subsection (a) [41 U.S.C.
        263(b)]); and
          "(B) provides for consideration, in personnel evaluations and
        promotion decisions, of the extent to which the performance of
        personnel in such workforce contributes to achieving such cost
        goals, schedule goals, and performance goals."

                          RECOMMENDED LEGISLATION                      
      Section 5051(d) of Pub. L. 103-355 provided that: "Not later than
    one year after the date of the enactment of this Act [Oct. 13,
    1994], the Administrator for Federal Procurement Policy shall
    submit to Congress any recommended legislation that the Secretary
    considers necessary to carry out section 313 of the Federal
    Property and Administrative Services Act of 1949, as added by
    subsection (a) [41 U.S.C. 263], and otherwise to facilitate and
    enhance management of Federal Government acquisition programs and
    the acquisition workforce of the Federal Government on the basis of
    performance."

-End-



-CITE-
    41 USC Sec. 264                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 264. Relationship of commercial item provisions to other
      provisions of law

-STATUTE-
    (a) Applicability of subchapter
      Unless otherwise specifically provided, nothing in this section,
    section 264a of this title, or section 264b of this title shall be
    construed as providing that any other provision of this subchapter
    relating to procurement is inapplicable to the procurement of
    commercial items.
    (b) List of laws inapplicable to contracts for acquisition of
      commercial items
      No contract for the procurement of a commercial item entered into
    by the head of an executive agency shall be subject to any law
    properly listed in the Federal Acquisition Regulation (pursuant to
    section 430 of this title).

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 314, as added Pub. L. 103-
    355, title VIII, Sec. 8201, Oct. 13, 1994, 108 Stat. 3394.)


-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.

                                REGULATIONS                            
      Pub. L. 103-355, title VIII, Sec. 8002, Oct. 13, 1994, 108 Stat.
    3386, as amended by Pub. L. 108-136, div. A, title XIV, Sec. 1432,
    Nov. 24, 2003, 117 Stat. 1672, provided that:
      "(a) In General. - The Federal Acquisition Regulation shall
    provide regulations to implement paragraphs (12) through (15) of
    section 4 of the Office of Federal Procurement Policy Act [41
    U.S.C. 403(12)-(15)], chapter 140 of title 10, United States Code,
    and sections 314 through 314B of the Federal Property and
    Administrative Services Act of 1949 [41 U.S.C. 264-264b].
      "(b) Contract Clauses. - (1) The regulations prescribed under
    subsection (a) shall contain a list of contract clauses to be
    included in contracts for the acquisition of commercial end items.
    Such list shall, to the maximum extent practicable, include only
    those contract clauses - 
        "(A) that are required to implement provisions of law or
      executive orders applicable to acquisitions of commercial items
      or commercial components, as the case may be; or
        "(B) that are determined to be consistent with standard
      commercial practice.
      "(2) Such regulations shall provide that a prime contractor shall
    not be required by the Federal Government to apply to any of its
    divisions, subsidiaries, affiliates, subcontractors, or suppliers
    that are furnishing commercial items any contract clause except
    those - 
        "(A) that are required to implement provisions of law or
      executive orders applicable to subcontractors furnishing
      commercial items or commercial components, as the case may be; or
        "(B) that are determined to be consistent with standard
      commercial practice.
      "(3) To the maximum extent practicable, only the contract clauses
    listed pursuant to paragraph (1) may be used in a contract, and
    only the contract clauses referred to in paragraph (2) may be
    required to be used in a subcontract, for the acquisition of
    commercial items or commercial components by or for an executive
    agency.
      "(4) The Federal Acquisition Regulation shall provide standards
    and procedures for waiving the use of contract clauses required
    pursuant to paragraph (1), other than those required by law,
    including standards for determining the cases in which a waiver is
    appropriate.
      "(5) For purposes of this subsection, the term 'subcontract'
    includes a transfer of commercial items between divisions,
    subsidiaries, or affiliates of a contractor or subcontractor.
      "(c) Market Acceptance. - (1) The Federal Acquisition Regulation
    shall provide that under appropriate conditions the head of an
    executive agency may require offerors to demonstrate that the items
    offered - 
        "(A) have either - 
          "(i) achieved commercial market acceptance; or
          "(ii) been satisfactorily supplied to an executive agency
        under current or recent contracts for the same or similar
        requirements; and
        "(B) otherwise meet the item description, specifications, or
      other criteria prescribed in the public notice and solicitation
      relating to the contract.
      "(2) The Federal Acquisition Regulation shall provide guidance to
    ensure that the criteria for determining commercial market
    acceptance include the consideration of - 
        "(A) the minimum needs of the executive agency concerned; and
        "(B) the entire relevant commercial market, including small
      businesses.
      "(d) Provisions Relating to Types of Contracts for Commercial
    Items. - (1) [The] Federal Acquisition Regulation shall include,
    for acquisitions of commercial items - 
        "(A) a requirement that firm, fixed price contracts or fixed
      price with economic price adjustment contracts be used to the
      maximum extent practicable;
        "(B) a prohibition on use of cost type contracts; and
        "(C) subject to paragraph (2), authority for use of a time-and-
      materials contract or a labor-hour contract for the procurement
      of commercial services that are commonly sold to the general
      public through such contracts and are purchased by the procuring
      agency on a competitive basis.
      "(2) A time-and-materials contract or a labor-hour contract may
    be used pursuant to the authority referred to in paragraph (1)(C) -
    
        "(A) only for a procurement of commercial services in a
      category of commercial services described in paragraph (3); and -
      
        "(B) only if the contracting officer for such procurement - 
          "(i) executes a determination and findings that no other
        contract type is suitable;
          "(ii) includes in the contract a ceiling price that the
        contractor exceeds at its own risk; and
          "(iii) authorizes any subsequent change in the ceiling price
        only upon a determination, documented in the contract file,
        that it is in the best interest of the procuring agency to
        change such ceiling price.
      "(3) The categories of commercial services referred to in
    paragraph (2) are as follows:
        "(A) Commercial services procured for support of a commercial
      item, as described in section 4(12)(E) of the Office of Federal
      Procurement Policy Act (41 U.S.C. 403(12)(E)).
        "(B) Any other category of commercial services that is
      designated by the Administrator for Federal Procurement Policy in
      the Federal Acquisition Regulation for the purposes of this
      paragraph on the basis that - 
          "(i) the commercial services in such category are of a type
        of commercial services that are commonly sold to the general
        public through use of time-and-materials or labor-hour
        contracts; and
          "(ii) it would be in the best interests of the Federal
        Government to authorize use of time-and-materials or labor-hour
        contracts for purchases of the commercial services in such
        category.
      "(e) Contract Quality Requirements. - The regulations prescribed
    under subsection (a) shall include provisions that - 
        "(1) permit, to the maximum extent practicable, a contractor
      under a commercial items acquisition to use the existing quality
      assurance system of the contractor as a substitute for compliance
      with an otherwise applicable requirement for the Government to
      inspect or test the commercial items before the contractor's
      tender of those items for acceptance by the Government;
        "(2) require that, to the maximum extent practicable, the
      executive agency take advantage of warranties (including extended
      warranties) offered by offerors of commercial items and use such
      warranties for the repair and replacement of commercial items;
      and
        "(3) set forth guidance regarding the use of past performance
      of commercial items and sources as a factor in contract award
      decisions.
      "(f) Defense Contract Clauses. - (1) Section 824(b) of the
    National Defense Authorization Act for Fiscal Years 1990 and 1991
    (Public Law 101-189; [former] 10 U.S.C. 2325 note) shall cease to
    be effective on the date on which the regulations implementing this
    section become effective [Oct. 1, 1995, see 60 F.R. 48231, Sept.
    18, 1995].
      "(2) Notwithstanding subsection (b), a contract of the Department
    of Defense entered into before the date on which section 824(b)
    ceases to be effective under paragraph (1), and a subcontract
    entered into before such date under such a contract, may include
    clauses developed pursuant to paragraphs (2) and (3) of section
    824(b) of the National Defense Authorization Act for Fiscal Years
    1990 and 1991 (Public Law 101-189; [former] 10 U.S.C. 2325 note)."

         PROVISIONS NOT AFFECTED BY TITLE VIII OF PUB. L. 103-355     
      Section 8304 of title VIII of Pub. L. 103-355 provided that:
    "Nothing in this title [enacting this section, sections 264a, 264b,
    and 430 of this title, sections 2375 to 2377 of Title 10, Armed
    Forces, and section 334 of former Title 40, Public Buildings,
    Property, and Works, now section 3707 of Title 40, amending
    sections 57, 58, 253g, 254, 403, 416, 418, 422, 423, and 701 of
    this title, sections 2306, 2320, 2321, 2384, 2393, 2397, 2397b,
    2397c, 2402, 2408, and 2410b of Title 10, section 1368 of Title 33,
    Navigation and Navigable Waters, and section 40118 of Title 49,
    Transportation, repealing section 424 of this title and section
    2325 of Title 10, enacting provisions set out as notes under this
    section, sections 264b and 430 of this title, and section 7606 of
    Title 42, The Public Health and Welfare, and amending provisions
    set out as notes under sections 2301 and 2327 of Title 10] shall be
    construed as modifying or superseding, or as intended to impair or
    restrict, authorities or responsibilities under - 
        "(1) section 2323 of title 10, United States Code, or section
      7102 of the Federal Acquisition Streamlining Act of 1994 [Pub. L.
      103-355, 15 U.S.C. 644 note];
        "(2) the Brooks Automatic Data Processing Act (section 111 of
      the Federal Property and Administrative Services Act of 1949
      ([former] 40 U.S.C. 759));
        "(3) Brooks Architect-Engineers Act (title IX of the Federal
      Property and Administrative Services Act of 1949 (40 U.S.C. 541
      et seq.) [now 40 U.S.C. 1101-1104]);
        "(4) subsections (a) and (d) of section 8 of the Small Business
      Act (15 U.S.C. 637(a) and (d)); or
        "(5) the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c)."

-End-



-CITE-
    41 USC Sec. 264a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 264a. Definitions relating to procurement of commercial items

-STATUTE-
      As used in this subchapter, the terms "commercial item",
    "nondevelopmental item", "component", and "commercial component"
    have the meanings provided in section 403 of this title.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 314A, as added Pub. L. 103-
    355, title VIII, Sec. 8202, Oct. 13, 1994, 108 Stat. 3394; amended
    Pub. L. 104-106, div. D, title XLIII, Sec. 4321(e)(7), Feb. 10,
    1996, 110 Stat. 675.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-106 inserted "relating to procurement of
    commercial items" after "Definitions" in section catchline.

                     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                          
      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. 264b                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 264b. Preference for acquisition of commercial items

-STATUTE-
    (a) Preference
      The head of each executive agency shall ensure that, to the
    maximum extent practicable - 
        (1) requirements of the executive agency with respect to a
      procurement of supplies or services are stated in terms of - 
          (A) functions to be performed;
          (B) performance required; or
          (C) essential physical characteristics;

        (2) such requirements are defined so that commercial items or,
      to the extent that commercial items suitable to meet the
      executive agency's needs are not available, nondevelopmental
      items other than commercial items, may be procured to fulfill
      such requirements; and
        (3) offerors of commercial items and nondevelopmental items
      other than commercial items are provided an opportunity to
      compete in any procurement to fill such requirements.
    (b) Implementation
      The head of each executive agency shall ensure that procurement
    officials in that executive agency, to the maximum extent
    practicable - 
        (1) acquire commercial items or nondevelopmental items other
      than commercial items to meet the needs of the executive agency;
        (2) require prime contractors and subcontractors at all levels
      under the executive agency contracts to incorporate commercial
      items or nondevelopmental items other than commercial items as
      components of items supplied to the executive agency;
        (3) modify requirements in appropriate cases to ensure that the
      requirements can be met by commercial items or, to the extent
      that commercial items suitable to meet the executive agency's
      needs are not available, nondevelopmental items other than
      commercial items;
        (4) state specifications in terms that enable and encourage
      bidders and offerors to supply commercial items or, to the extent
      that commercial items suitable to meet the executive agency's
      needs are not available, nondevelopmental items other than
      commercial items in response to the executive agency
      solicitations;
        (5) revise the executive agency's procurement policies,
      practices, and procedures not required by law to reduce any
      impediments in those policies, practices, and procedures to the
      acquisition of commercial items; and
        (6) require training of appropriate personnel in the
      acquisition of commercial items.
    (c) Preliminary market research
      (1) The head of an executive agency shall conduct market research
    appropriate to the circumstances - 
        (A) before developing new specifications for a procurement by
      that executive agency; and
        (B) before soliciting bids or proposals for a contract in
      excess of the simplified acquisition threshold.

      (2) The head of an executive agency shall use the results of
    market research to determine whether there are commercial items or,
    to the extent that commercial items suitable to meet the executive
    agency's needs are not available, nondevelopmental items other than
    commercial items available that - 
        (A) meet the executive agency's requirements;
        (B) could be modified to meet the executive agency's
      requirements; or
        (C) could meet the executive agency's requirements if those
      requirements were modified to a reasonable extent.

      (3) In conducting market research, the head of an executive
    agency should not require potential sources to submit more than the
    minimum information that is necessary to make the determinations
    required in paragraph (2).

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 314B, as added Pub. L. 103-
    355, title VIII, Sec. 8203, Oct. 13, 1994, 108 Stat. 3394.)


-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.

      COMPTROLLER GENERAL REVIEW OF FEDERAL GOVERNMENT USE OF MARKET
                                 RESEARCH
      Section 8305 of Pub. L. 103-355 provided that:
      "(a) Report Required. - Not later than 2 years after the date of
    the enactment of this Act [Oct. 13, 1994], the Comptroller General
    of the United States shall submit to the Congress a report on the
    use of market research by the Federal Government in support of the
    procurement of commercial items and nondevelopmental items.
      "(b) Content of Report. - The report shall include the following:
        "(1) A review of existing Federal Government market research
      efforts to gather data concerning commercial and other
      nondevelopmental items.
        "(2) A review of the feasibility of creating a Government-wide
      data base for storing, retrieving, and analyzing market data,
      including use of existing Federal Government resources.
        "(3) Any recommendations for changes in law or regulations that
      the Comptroller General considers appropriate."

-End-



-CITE-
    41 USC Sec. 265                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 265. Contractor employees: protection from reprisal for
      disclosure of certain information

-STATUTE-
    (a) Prohibition of reprisals
      An employee of a contractor may not be discharged, demoted, or
    otherwise discriminated against as a reprisal for disclosing to a
    Member of Congress or an authorized official of an executive agency
    or the Department of Justice information relating to a substantial
    violation of law related to a contract (including the competition
    for or negotiation of a contract).
    (b) Investigation of complaints
      A person who believes that the person has been subjected to a
    reprisal prohibited by subsection (a) of this section may submit a
    complaint to the Inspector General of the executive agency. Unless
    the Inspector General determines that the complaint is frivolous,
    the Inspector General shall investigate the complaint and, upon
    completion of such investigation, submit a report of the findings
    of the investigation to the person, the contractor concerned, and
    the head of the agency. In the case of an executive agency that
    does not have an Inspector General, the duties of the Inspector
    General under this section shall be performed by an official
    designated by the head of the executive agency.
    (c) Remedy and enforcement authority
      (1) If the head of an executive agency determines that a
    contractor has subjected a person to a reprisal prohibited by
    subsection (a) of this section, the head of the executive agency
    may take one or more of the following actions:
        (A) Order the contractor to take affirmative action to abate
      the reprisal.
        (B) Order the contractor to reinstate the person to the
      position that the person held before the reprisal, together with
      the compensation (including back pay), employment benefits, and
      other terms and conditions of employment that would apply to the
      person in that position if the reprisal had not been taken.
        (C) Order the contractor to pay the complainant an amount equal
      to the aggregate amount of all costs and expenses (including
      attorneys' fees and expert witnesses' fees) that were reasonably
      incurred by the complainant for, or in connection with, bringing
      the complaint regarding the reprisal, as determined by the head
      of the executive agency.

      (2) Whenever a person fails to comply with an order issued under
    paragraph (1), the head of the executive agency shall file an
    action for enforcement of such order in the United States district
    court for a district in which the reprisal was found to have
    occurred. In any action brought under this paragraph, the court may
    grant appropriate relief, including injunctive relief and
    compensatory and exemplary damages.
      (3) Any person adversely affected or aggrieved by an order issued
    under paragraph (1) may obtain review of the order's conformance
    with this subsection, and any regulations issued to carry out this
    section, in the United States court of appeals for a circuit in
    which the reprisal is alleged in the order to have occurred. No
    petition seeking such review may be filed more than 60 days after
    issuance of the order by the head of the agency. Review shall
    conform to chapter 7 of title 5.
    (d) Construction
      Nothing in this section may be construed to authorize the
    discharge of, demotion of, or discrimination against an employee
    for a disclosure other than a disclosure protected by subsection
    (a) of this section or to modify or derogate from a right or remedy
    otherwise available to the employee.
    (e) Definitions
      In this section:
        (1) The term "contract" means a contract awarded by the head of
      an executive agency.
        (2) The term "contractor" means a person awarded a contract
      with an executive agency.
        (3) The term "Inspector General" means an Inspector General
      appointed under the Inspector General Act of 1978.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 315, as added Pub. L. 103-
    355, title VI, Sec. 6006, Oct. 13, 1994, 108 Stat. 3365; amended
    Pub. L. 104-106, div. D, title XLIII, Sec. 4321(e)(8), Feb. 10,
    1996, 110 Stat. 675.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Inspector General Act of 1978, referred to in subsec. (e)(3),
    is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
    is set out in the Appendix to Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-106 substituted "Inspector
    General" for "inspector general" after "does not have an" and after
    "the duties of the".

                     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                          
      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. 266                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 266. Merit-based award of grants for research and development

-STATUTE-
    (a) Policy
      It is the policy of Congress that an executive agency should not
    be required by legislation to award a new grant for research,
    development, test, or evaluation to a non-Federal Government
    entity. It is further the policy of Congress that any program,
    project, or technology identified in legislation be awarded through
    merit-based selection procedures.
    (b) Rule of construction
      A provision of law may not be construed as requiring a new grant
    to be awarded to a specified non-Federal Government entity unless
    that provision of law - 
        (1) specifically refers to this subsection;
        (2) specifically identifies the particular non-Federal
      Government entity involved; and
        (3) specifically states that the award to that entity is
      required by such provision of law in contravention of the policy
      set forth in subsection (a) of this section.
    (c) New grant defined
      For purposes of this section, a grant is a new grant unless the
    work provided for in the grant is a continuation of the work
    performed by the specified entity under a preceding grant.
    (d) Inapplicability to certain grants
      This section shall not apply with respect to any grant 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 Congress or any
    agency of the Federal Government.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 316, as added Pub. L. 103-
    355, title VII, Sec. 7203(b)(2), Oct. 13, 1994, 108 Stat. 3381;
    amended Pub. L. 104-106, div. D, title XLIII, Sec. 4321(e)(9), Feb.
    10, 1996, 110 Stat. 675.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-106 made technical amendment to section
    catchline in original.

                     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                          
      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. 266a                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER IV - PROCUREMENT PROVISIONS

-HEAD-
    Sec. 266a. Share-in-savings contracts

-STATUTE-
    (a) Authority to enter into share-in-savings contracts
      (1) The head of an executive agency may enter into a share-in-
    savings contract for information technology (as defined in section
    11101(6) of title 40) in which the Government awards a contract to
    improve mission-related or administrative processes or to
    accelerate the achievement of its mission and share with the
    contractor in savings achieved through contract performance.
      (2)(A) Except as provided in subparagraph (B), a share-in-savings
    contract shall be awarded for a period of not more than five years.
      (B) A share-in-savings contract may be awarded for a period
    greater than five years, but not more than 10 years, if the head of
    the agency determines in writing prior to award of the contract
    that - 
        (i) the level of risk to be assumed and the investment to be
      undertaken by the contractor is likely to inhibit the government
      from obtaining the needed information technology competitively at
      a fair and reasonable price if the contract is limited in
      duration to a period of five years or less; and
        (ii) usage of the information technology to be acquired is
      likely to continue for a period of time sufficient to generate
      reasonable benefit for the government.

      (3) Contracts awarded pursuant to the authority of this section
    shall, to the maximum extent practicable, be performance-based
    contracts that identify objective outcomes and contain performance
    standards that will be used to measure achievement and milestones
    that must be met before payment is made.
      (4) Contracts awarded pursuant to the authority of this section
    shall include a provision containing a quantifiable baseline that
    is to be the basis upon which a savings share ratio is established
    that governs the amount of payment a contractor is to receive under
    the contract. Before commencement of performance of such a
    contract, the senior procurement executive of the agency shall
    determine in writing that the terms of the provision are
    quantifiable and will likely yield value to the Government.
      (5)(A) The head of the agency may retain savings realized through
    the use of a share-in-savings contract under this section that are
    in excess of the total amount of savings paid to the contractor
    under the contract, but may not retain any portion of such savings
    that is attributable to a decrease in the number of civilian
    employees of the Federal Government performing the function. Except
    as provided in subparagraph (B), savings shall be credited to the
    appropriation or fund against which charges were made to carry out
    the contract and shall be used for information technology.
      (B) Amounts retained by the agency under this subsection shall - 
        (i) without further appropriation, remain available until
      expended; and
        (ii) be applied first to fund any contingent liabilities
      associated with share-in-savings procurements that are not fully
      funded.
    (b) Cancellation and termination
      (1) If funds are not made available for the continuation of a
    share-in-savings contract entered into under this section in a
    subsequent fiscal year, the contract shall be canceled or
    terminated. The costs of cancellation or termination may be paid
    out of - 
        (A) appropriations available for the performance of the
      contract;
        (B) appropriations available for acquisition of the information
      technology procured under the contract, and not otherwise
      obligated; or
        (C) funds subsequently appropriated for payments of costs of
      cancellation or termination, subject to the limitations in
      paragraph (3).

      (2) The amount payable in the event of cancellation or
    termination of a share-in-savings contract shall be negotiated with
    the contractor at the time the contract is entered into.
      (3)(A) Subject to subparagraph (B), the head of an executive
    agency may enter into share-in-savings contracts under this section
    in any given fiscal year even if funds are not made specifically
    available for the full costs of cancellation or termination of the
    contract if funds are available and sufficient to make payments
    with respect to the first fiscal year of the contract and the
    following conditions are met regarding the funding of cancellation
    and termination liability:
        (i) The amount of unfunded contingent liability for the
      contract does not exceed the lesser of - 
          (I) 25 percent of the estimated costs of a cancellation or
        termination; or
          (II) $5,000,000.

        (ii) Unfunded contingent liability in excess of $1,000,000 has
      been approved by the Director of the Office of Management and
      Budget or the Director's designee.

      (B) The aggregate number of share-in-savings contracts that may
    be entered into under subparagraph (A) by all executive agencies to
    which this subchapter (!1) applies in a fiscal year may not exceed
    5 in each of fiscal years 2003, 2004, and 2005.

    (c) Definitions
      In this section:
        (1) The term "contractor" means a private entity that enters
      into a contract with an agency.
        (2) The term "savings" means - 
          (A) monetary savings to an agency; or
          (B) savings in time or other benefits realized by the agency,
        including enhanced revenues (other than enhanced revenues from
        the collection of fees, taxes, debts, claims, or other amounts
        owed the Federal Government).

        (3) The term "share-in-savings contract" means a contract under
      which - 
          (A) a contractor provides solutions for - 
            (i) improving the agency's mission-related or
          administrative processes; or
            (ii) accelerating the achievement of agency missions; and

          (B) the head of the agency pays the contractor an amount
        equal to a portion of the savings derived by the agency from - 
            (i) any improvements in mission-related or administrative
          processes that result from implementation of the solution; or
            (ii) acceleration of achievement of agency missions.
    (d) Termination
      No share-in-savings contracts may be entered into under this
    section after September 30, 2005.

-SOURCE-
    (June 30, 1949, ch. 288, title III, Sec. 317, as added Pub. L. 107-
    347, title II, Sec. 210(b), Dec. 17, 2002, 116 Stat. 2934.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The words "this subchapter", referred to in subsec. (b)(3)(B),
    were in the original "this chapter" and have been translated as if
    they read "this title" in the original, meaning title III of act
    June 30, 1949, ch. 288, to reflect the probable intent of Congress.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 120 days after Dec. 17, 2002, see section
    402(a) of Pub. L. 107-347, set out as a note under section 3601 of
    Title 44, Public Printing and Documents.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    41 USC SUBCHAPTER V - FOREIGN EXCESS PROPERTY               01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER V - FOREIGN EXCESS PROPERTY

-HEAD-
                  SUBCHAPTER V - FOREIGN EXCESS PROPERTY              

-End-



-CITE-
    41 USC Secs. 271 to 274                                     01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER V - FOREIGN EXCESS PROPERTY

-HEAD-
    Secs. 271 to 274. Transferred

-COD-
                               CODIFICATION                           
      Section 271, act June 30, 1949, ch. 288, title IV, Sec. 401, 63
    Stat. 397, which related to disposal of foreign excess property,
    was transferred to section 511 of former Title 40, Public
    Buildings, Property, and Works, and was repealed and reenacted as
    section 701(b)(1), (b)(2)(B), (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 272, act June 30, 1949, ch. 288, title IV, Sec. 402, 63
    Stat. 398, which related to methods and terms of disposal, was
    transferred to section 512 of former Title 40, and was repealed and
    reenacted as sections 702 to 704 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 273, act June 30, 1949, ch. 288, title IV, Sec. 403, 63
    Stat. 398, which related to proceeds from disposals, was
    transferred to section 513 of former Title 40, and was repealed and
    reenacted as section 705 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 274, act June 30, 1949, ch. 288, title IV, Sec. 404, 63
    Stat. 398, which related to general provisions, was transferred to
    section 514 of former Title 40, and was repealed and reenacted as
    section 701(a), (b)(1), (2)(A), (3), (4) 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 VI - FEDERAL RECORD MANAGEMENT            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER VI - FEDERAL RECORD MANAGEMENT

-HEAD-
                 SUBCHAPTER VI - FEDERAL RECORD MANAGEMENT             

-End-



-CITE-
    41 USC Secs. 281 to 291                                     01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 4 - PROCUREMENT PROCEDURES
    SUBCHAPTER VI - FEDERAL RECORD MANAGEMENT

-HEAD-
    Secs. 281 to 291. Transferred

-COD-
                               CODIFICATION                           
      Section 281, acts June 30, 1949, ch. 288, title V, Sec. 502;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    custody and control of property, was transferred to section 392 of
    former Title 44, Public Printing and Documents.
      Section 282, acts June 30, 1949, ch. 288, title V, Sec. 503;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    National Historical Publications Commission, was transferred to
    section 393 of former Title 44.
      Section 283, acts June 30, 1949, ch. 288, title V, Sec. 504;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    establishment of Federal Records Council, was transferred to
    section 394 of former Title 44.
      Section 284, acts June 30, 1949, ch. 288, title V, Sec. 505;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    records management by Administrator, was transferred to section 395
    of former Title 44.
      Section 285, acts June 30, 1949, ch. 288, title V, Sec. 506;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    records management by agency heads, was transferred to section 396
    of former Title 44.
      Section 286, acts June 30, 1949, ch. 288, title V, Sec. 507;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    Archival administration, was transferred to section 397 of former
    Title 44.
      Section 287, acts June 30, 1949, ch. 288, title V, Sec. 508;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    reports, was transferred to section 398 of former Title 44.
      Section 288, acts June 30, 1949, ch. 288, title V, Sec. 509;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    legal status of reproductions; official seal; fees for copies and
    reproductions, was transferred to section 399 of former Title 44.
      Section 289, acts June 30, 1949, ch. 288, title V, Sec. 510;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    limitation on liability, was transferred to section 400 of former
    Title 44.
      Section 290, acts June 30, 1949, ch. 288, title V, Sec. 511;
    Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which related to
    definitions, was transferred to section 401 of former Title 44.
      Section 291, act Aug. 2, 1946, ch. 753, title I, Sec. 140, 60
    Stat. 833, which related to transfer of records of Congress, was
    transferred to section 402 of former Title 44.
      Sections 392 to 402 of former Title 44 are covered by chapter 21
    (Sec. 2101 et seq.), chapter 25 (Sec. 2501 et seq.), chapter 27
    (Sec. 2701 et seq.), chapter 29 (Sec. 2901 et seq.), and chapter 31
    (Sec. 3101 et seq.) of Title 44, Public Printing and Documents.

-End-