dreamproit/uscode huggingface dataset:
41 U.S.C. § 2309 (PUBLIC CONTRACTS)
§ 2309. Protection of constitutional rights of contractors
(a) Prohibition on Requiring Waiver of Rights.—
A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive a right under the Constitution for a purpose relating to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in section 3 of that Act (22 U.S.C. 6701)).
(b) Permissible Contract Clauses.—
Subsection (a) does not prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections to ensure that the contractor is performing the contract in accordance with the provisions of the contract.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3738.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2309
41:436.
Pub. L. 93–400, § 40, formerly § 39, as added Pub. L. 105–277, title III, § 308(a), Oct. 21, 1998, 112 Stat. 2681–879; renumbered § 40, Pub. L. 108–136, title XIV, § 1431(d)(2), Nov. 24, 2003, 117 Stat. 1672.
In subsection (a), the reference is to the Chemical Weapons Convention Implementation Act of 1998 rather than the Chemical Weapons Convention Implementation Act of 1997 to correct an error in the source provision.
heading: References in Text
text: The Chemical Weapons Convention Implementation Act of 1998, referred to in subsec. (a), is Pub. L. 105–277, div. I, Oct. 21, 1998, 112 Stat. 2681–856, which is classified principally to chapter 75 (§ 6701 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 6701 of Title 22 and Tables.
41 U.S.C. § 2310 (PUBLIC CONTRACTS)
§ 2310. Performance-based contracts or task orders for services to be treated as contracts for the procurement of commercial items
(a) Criteria.—
A performance-based contract for the procurement of services entered into by an executive agency or a performance-based task order for services issued by an executive agency may be treated as a contract for the procurement of commercial items if—
(1) the value of the contract or task order is estimated not to exceed $25,000,000;
(2) the contract or task order sets forth specifically each task to be performed and, for each task—
(A) defines the task in measurable, mission-related terms;
(B) identifies the specific end products or output to be achieved; and
(C) contains firm, fixed prices for specific tasks to be performed or outcomes to be achieved; and
(3) the source of the services provides similar services to the general public under terms and conditions similar to those offered to the Federal Government.
(b) Regulations.—
Regulations implementing this section shall require agencies to collect and maintain reliable data sufficient to identify the contracts or task orders treated as contracts for commercial items using the authority of this section. The data may be collected using the Federal Procurement Data System or other reporting mechanism.
(c) Report.—
Not later than 2 years after November 24, 2003, the Director of the Office of Management and Budget shall prepare and submit to the Committees on Homeland Security and Governmental Affairs and on Armed Services of the Senate and the Committees on Oversight and Government Reform and on Armed Services of the House of Representatives a report on the contracts or task orders treated as contracts for commercial items using the authority of this section. The report shall include data on the use of the authority, both government-wide and for each department and agency.
(d) Expiration.—
The authority under this section expires 10 years after November 24, 2003.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3738.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2310
41:437.
Pub. L. 93–400, § 41, as added Pub. L. 108–136, title XIV, § 1431(a), Nov. 24, 2003, 117 Stat. 1671.
In subsection (c), the words “Committees on Homeland Security and Governmental Affairs” are substituted for “Committees on Governmental Affairs” on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004). The words “Committees on Oversight and Government Reform” are substituted for “Committees on Government Reform” on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
41 U.S.C. § 2311 (PUBLIC CONTRACTS)
§ 2311. Enhanced transparency on interagency contracting and other transactions
The Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate the collection of complete, timely, and reliable data on interagency contracting actions and on transactions other than contracts, grants, and cooperative agreements issued pursuant to section 2371 of title 10 or similar authorities. The Director of the Office of Management and Budget shall ensure that data, consistent with what is collected for contract actions, is obtained on—
(1) interagency contracting actions, including data at the task or delivery-order level; and
(2) other transactions, including the initial award and any subsequent modifications awarded or orders issued (other than transactions that are reported through the Federal Assistance Awards Data System).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3739.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2311
41:405 note.
Pub. L. 110–417, [div. A], title VIII, § 874(a), Oct. 14, 2008, 122 Stat. 4558.
In the first sentence, the words “Not later than one year after the date of enactment of this Act” are omitted because of section 6(f) of the bill.
heading: Deadline for Revisions in Federal Procurement Data System or Successor System
text: Pub. L. 111–350, § 6(f)(2), Jan. 4, 2011, 124 Stat. 3855, provided that: “The requirement in section 2311 of title 41, United States Code, to direct appropriate revisions in the Federal Procurement Data System or any successor system shall be done not later than one year after October 14, 2008.”
41 U.S.C. § 3102 (PUBLIC CONTRACTS)
§ 3102. Delegation and assignment of powers, functions, and responsibilities
(a) In General.—
Except to the extent expressly prohibited by another law, the head of an executive agency may delegate to another officer or official of that agency any power under this division.
(b) Procurements For or With Another Agency.—
Subject to subsection (a), to facilitate the procurement of property and services covered by this division by an executive agency for another executive agency, and to facilitate joint procurement by executive agencies—
(1) the head of an executive agency may delegate functions and assign responsibilities relating to procurement to any officer or employee within the agency;
(2) the heads of 2 or more executive agencies, consistent with section 1535 of title 31 and regulations prescribed under section 1074 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 31 U.S.C. 1535 note), may by agreement delegate procurement functions and assign procurement responsibilities 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 2 or more executive agencies may establish joint or combined offices to exercise procurement functions and responsibilities.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3102
41:261.
June 30, 1949, ch. 288, title III, § 311, as added Pub. L. 103–355, title I, § 1552, Oct. 13, 1994, 108 Stat. 3299.
41 U.S.C. § 3103 (PUBLIC CONTRACTS)
§ 3103. Acquisition programs
(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) By head of executive agency.—
The head of each executive agency shall approve or define the cost, performance, and schedule goals for major acquisition programs of the agency.
(2) By chief financial officer.—
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.—
When it is necessary to implement the policy set out in subsection (a), 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 those programs.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3103
41:263.
June 30, 1949, ch. 288, title III, § 313, as added Pub. L. 103–355, title V, § 5051(a), Oct. 13, 1994, 108 Stat. 3351; Pub. L. 105–85, div. A, title VIII, § 851(a), Nov. 18, 1997, 111 Stat. 1851.
41 U.S.C. § 3104 (PUBLIC CONTRACTS)
§ 3104. Small business concerns
It is the policy of Congress that a fair proportion of the total purchases and contracts for property and services for the Federal Government shall be placed with small business concerns.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3104
41:252(b).
June 30, 1949, ch. 288, title III, § 302(b), 63 Stat. 393; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 98–369, div. B, title VII, § 2714(a)(1)(A), July 18, 1984, 98 Stat. 1184.
The word “declared” is omitted as unnecessary.
41 U.S.C. § 3105 (PUBLIC CONTRACTS)
§ 3105. New contracts and grants and merit-based selection procedures
(a) Congressional Policy.—
It is the policy of Congress that—
(1) an executive agency should not be required by legislation to award—
(A) a new contract to a specific non-Federal Government entity; or
(B) a new grant for research, development, test, or evaluation to a non-Federal Government entity; and
(2) a program, project, or technology identified in legislation be procured or awarded through merit-based selection procedures.
(b) New Contract and New Grant Described.—
For purposes of this section—
(1) 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 prior contract; and
(2) 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 prior grant.
(c) Requirements for Awarding New Contract or New Grant.—
A provision of law may not be construed as requiring a new contract or a new grant to be awarded to a specified non-Federal Government entity unless the provision of law specifically—
(1) refers to this section;
(2) identifies the particular non-Federal Government entity involved; and
(3) states that the award to that entity is required by the provision of law in contravention of the policy set forth in subsection (a).
(d) Exception.—
This section does not apply to a contract or grant that calls on the National Academy of Sciences to investigate, examine, or experiment on a subject of science or art of significance to an executive agency and to report on those matters to Congress or an agency of the Federal Government.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3105(a)
41:253(i)(1).
June 30, 1949, ch. 288, title III, § 303(i), as added Pub. L. 103–355, title VII, § 7203(b)(1)(B), Oct. 13, 1994, 108 Stat. 3380; Pub. L. 104–106, title XLI, § 4101(b)(1), Feb. 10, 1996, 110 Stat. 642.
41:266(a).
June 30, 1949, ch. 288, title III, § 316, as added Pub. L. 103–355, title VII, § 7203(b)(2), Oct. 13, 1994, 108 Stat. 3381; Pub. L. 104–106, title XLIII, § 4321(e)(9), Feb. 10, 1996, 110 Stat. 675.
3105(b)
41:253(i)(3).
41:266(c).
3105(c)
41:253(i)(2).
41:266(b).
3105(d)
41:253(i)(4).
41:266(d).
41 U.S.C. § 3106 (PUBLIC CONTRACTS)
§ 3106. Erection, repair, or furnishing of public buildings and improvements not authorized, and certain contracts not permitted, by this division
This division does not—
(1) authorize the erection, repair, or furnishing of a public building or public improvement; or
(2) permit a contract for the construction or repair of a building, road, sidewalk, sewer, main, or similar item using procedures other than sealed-bid procedures under section 3301(b)(1)(A) of this title if the conditions set forth in section 3301(b)(1)(A) of this title apply or the contract is to be performed outside the United States.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3745.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3106
41:252(c)(1).
June 30, 1949, ch. 288, title III, § 302(c)(1), 63 Stat. 393; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 85–800, §§ 2, 3, Aug. 28, 1958, 72 Stat. 966; Pub. L. 89–343, § 2, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 89–348, § 1(2), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 90–268, § 4, Mar. 16, 1968, 82 Stat. 50; Pub. L. 93–356, § 3, July 25, 1974, 88 Stat. 390; Pub. L. 98–191, § 9(a)(1), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 98–369, div. B, title VII, § 2714(a)(1)(B), July 18, 1984, 98 Stat. 1184.
In paragraph (1), the words “but such authorization shall be required in the same manner as heretofore” are omitted as unnecessary.
41 U.S.C. § 3301 (PUBLIC CONTRACTS)
§ 3301. Full and open competition
(a) In General.—
Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall—
(1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and
(2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
(b) Appropriate Competitive Procedures.—
(1) Use of sealed bids.—
In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
(A) solicit sealed bids if—
(i) time permits the solicitation, submission, and evaluation of sealed bids;
(ii) the award will be made on the basis of price and other price-related factors;
(iii) it is not necessary to conduct discussions with the responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more than one sealed bid; or
(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).
(2) Sealed bid not required.—
Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 1 of title 23 applies.
(c) Efficient Fulfillment of Government Requirements.—
The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3745.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3301(a)
41:253(a)(1).
June 30, 1949, ch. 288, title III, § 303(a), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1175; Pub. L. 103–355, title I, § 1051(1), Oct. 13, 1994, 108 Stat. 3260.
3301(b)(1)
41:253(a)(2).
3301(b)(2)
41:252(c)(2).
June 30, 1949, ch. 288, title III, § 302(c)(2), as added Pub. L. 98–369, title VII, § 2714(a)(1)(B), July 18, 1984, 98 Stat. 1184.
3301(c)
41:253(h).
June 30, 1949, ch. 288, title III, § 303(h), as added Pub. L. 104–106, title XLI, § 4101(b)(2), Feb. 10, 1996, 110 Stat. 642.
heading: References in Text
text: Section 204 of title 23, referred to in subsec. (b)(2), was repealed and a new section 204 enacted by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489.
heading: Construction
text: Pub. L. 98–369, div. B, title VII, § 2711(c), July 18, 1984, 98 Stat. 1181, provided that: “The amendments made by this section [see Tables for classification] do not supersede or affect the provisions of section 8(a) of the Small Business Act (15 U.S.C. 637(a)).”
41 U.S.C. § 3303 (PUBLIC CONTRACTS)
§ 3303. Exclusion of particular source or restriction of solicitation to small business concerns
(a) Exclusion of Particular Source.—
(1) Criteria for exclusion.—
An executive agency may provide for the procurement of property or services covered by section 3301 of this title using competitive procedures but excluding a particular source to establish or maintain an alternative source of supply for that property or service if the agency head determines that to do so would—
(A) increase or maintain competition and likely result in reduced overall cost for the procurement, or for an anticipated procurement, of the property or services;
(B) 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) 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) ensure the continuous availability of a reliable source of supply of the property or service;
(E) satisfy projected needs for the property or service determined on the basis of a history of high demand for the property or service; or
(F) satisfy a critical need for medical, safety, or emergency supplies.
(2) Determination for class disallowed.—
A determination under paragraph (1) may not be made for a class of purchases or contracts.
(b) Exclusion of Other Than Small Business Concerns.—
An executive agency may provide for the procurement of property or services covered by section 3301 of this title using competitive procedures, but excluding other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 638, 644).
(c) Nonapplication of Justification and Approval Requirements.—
A contract awarded pursuant to the competitive procedures referred to in subsections (a) and (b) is not subject to the justification and approval required by section 3304(e)(1) of this title.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3747.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3303
41:253(b).
June 30, 1949, ch. 288, title III, § 303(b), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1175; Pub. L. 98–577, title V, § 504(a)(1), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1052, Oct. 13, 1994, 108 Stat. 3260.
41 U.S.C. § 3305 (PUBLIC CONTRACTS)
§ 3305. Simplified procedures for small purchases
(a) Authorization.—
To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts—
(1) not greater than the simplified acquisition threshold; and
(2) greater than the simplified acquisition threshold but not greater than $5,000,000 for 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.
(b) Leasehold Interests in Real Property.—
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. The rental rate under a multiyear lease does 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.
(c) Prohibition on Dividing Contracts.—
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 to use the simplified procedures required by subsection (a).
(d) Promotion of Competition.—
In using the simplified procedures, an executive agency shall promote competition to the maximum extent practicable.
(e) Compliance With Special Requirements of Federal Acquisition Regulation.—
An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of this title.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3752.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3305
41:253(g).
June 30, 1949, ch. 288, title III, § 303(g), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1178; Pub. L. 99–145, title XIII, § 1304(c)(3), Nov. 8, 1985, 99 Stat. 742; Pub. L. 101–510, title VIII, § 806(c), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103–355, title I, § 1051(2), title IV, § 4402(a), Oct. 13, 1994, 108 Stat. 3260, 3348; Pub. L. 104–106, title XLII, § 4202(b)(1), Feb. 10, 1996, 110 Stat. 653; Pub. L. 105–85, title VIII, § 850(f)(4)(B), Nov. 18, 1997, 111 Stat. 1850.
41 U.S.C. § 3310 (PUBLIC CONTRACTS)
§ 3310. Quantities to order
(a) Factors Affecting Quantity To Order.—
Each executive agency shall procure supplies in a quantity that—
(1) will result in the total cost and unit cost most advantageous to the Federal Government, where practicable; and
(2) does not exceed the quantity reasonably expected to be required by the agency.
(b) Offeror’s Opinion of Quantity.—
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 supplies proposed to be procured is economically advantageous to the Federal Government and, if applicable, to recommend a quantity that would be more economically advantageous to the Federal Government. Each recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3761.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3310
41:253f.
June 30, 1949, ch. 288, title III, § 303F, formerly § 303G, as added Pub. L. 98–577, title II, § 205(a), Oct. 30, 1984, 98 Stat. 3073; renumbered § 303F, Pub. L. 99–145, title XIII, § 1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742.
In subsection (b), the words “or quantities” are omitted because of 1:1.