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wise expressly authorized by statute, an executive agency in conducting a 
procurement for property or services shall— 
(1) obtain full and open competition through the use of competitive 
procedures in accordance with the requirements of this division and the 
Federal Acquisition Regulation; and 
(2) use the competitive procedure or combination of competitive pro-
cedures that is best suited under the circumstances of the procurement. 
(b) APPROPRIATE COMPETITIVE PROCEDURES.— 
(1) USE OF SEALED BIDS.—In determining the competitive proce-
dures appropriate under the circumstance, an executive agency shall— 
(A) solicit sealed bids if— 
(i) time permits the solicitation, submission, and evaluation 
of sealed bids; 
(ii) the award will be made on the basis of price and other 
price-related factors; 
(iii) it is not necessary to conduct discussions with the re-
sponding sources about their bids; and 
(iv) there is a reasonable expectation of receiving more 
than one sealed bid; or 
(B) request competitive proposals if sealed bids are not appro-
priate under subparagraph (A). 
(2) SEALED BID NOT REQUIRED.—Paragraph (1)(A) does not re-
quire the use of sealed-bid procedures in cases in which section 204(e) 
of title 23 applies. 
(c) EFFICIENT FULFILLMENT OF GOVERNMENT REQUIREMENTS.—The 
Federal Acquisition Regulation shall ensure that the requirement to obtain 
full and open competition is implemented in a manner that is consistent 
with the need to efficiently fulfill the Federal Government’s requirements. 
§ 3302. Requirements for purchase of property and services 
pursuant to multiple award contracts 
(a) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.— The term ‘‘executive agency’’ has the 
same meaning given in section 133 of this title. 
(2) INDIVIDUAL PURCHASE.—The term ‘‘individual purchase’’ means 
a task order, delivery order, or other purchase. 
(3) MULTIPLE AWARD CONTRACT.—The term ‘‘multiple award con-
tract’’ means— 
(A) a contract that is entered into by the Administrator of Gen-
eral Services under the multiple award schedule program referred 
to in section 2302(2)(C) of title 10; 
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(B) a multiple award task order contract that is entered into 
under the authority of sections 2304a to 2304d of title 10, or 
chapter 41 of this title; and 
(C) any other indefinite delivery, indefinite quantity contract 
that is entered into by the head of an executive agency with 2 or 
more sources pursuant to the same solicitation. 
(4) SOLE
SOURCE
TASK
OR
DELIVERY
ORDER.—The term ‘‘sole 
source task or delivery order’’ means any order that does not follow 
the competitive procedures in paragraph (2) or (3) of subsection (c). 
(b) REGULATIONS REQUIRED.—The Federal Acquisition Regulation shall 
require enhanced competition in the purchase of property and services by 
all executive agencies pursuant to multiple award contracts. 
(c) CONTENT OF REGULATIONS.— 
(1) IN GENERAL.—The regulations required by subsection (b) shall 
provide that each individual purchase of property or services in excess 
of the simplified acquisition threshold that is made under a multiple 
award contract shall be made on a competitive basis unless a con-
tracting officer— 
(A) waives the requirement on the basis of a determination 
that— 
(i) one of the circumstances described in paragraphs (1) to 
(4) of section 4106(c) of this title or section 2304c(b) of title 
10 applies to the individual purchase; or 
(ii) a law expressly authorizes or requires that the purchase 
be made from a specified source; and 
(B) justifies the determination in writing. 
(2) COMPETITIVE BASIS PROCEDURES.—For purposes of this sub-
section, an individual purchase of property or services is made on a 
competitive basis only if it is made pursuant to procedures that— 
(A) require fair notice of the intent to make that purchase (in-
cluding a description of the work to be performed and the basis 
on which the selection will be made) to be provided to all contrac-
tors offering the property or services under the multiple award 
contract; and 
(B) afford all contractors responding to the notice a fair oppor-
tunity to make an offer and have that offer fairly considered by 
the official making the purchase. 
(3) EXCEPTION TO NOTICE REQUIREMENT.— 
(A) IN GENERAL.—Notwithstanding paragraph (2), and subject 
to subparagraph (B), notice may be provided to fewer than all 
contractors offering the property or services under a multiple 
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