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41 U.S.C. § 1903 (PUBLIC CONTRACTS)
§ 1903. Special emergency procurement authority
(a) Applicability.—
The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used—
(1) in support of a contingency operation (as defined in section 101(a) of title 10); or
(2) to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States.
(b) Increased Thresholds and Limitation.—
For a procurement to which this section applies under subsection (a)—
(1) the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be—
(A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
(B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States;
(2) the term “simplified acquisition threshold” means—
(A) $250,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
(B) $1,000,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and
(3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 2304(g)(1)(B) of title 10 is deemed to be $10,000,000.
(c) Authority To Treat Property or Service as Commercial Item.—
(1) In general.—
The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection (a)(2) may treat the property or service as a commercial item for the purpose of carrying out the procurement.
(2) Certain contracts not exempt from standards or requirements.—
A contract in an amount of more than $15,000,000 that is awarded on a sole source basis for an item or service treated as a commercial item under paragraph (1) is not exempt from—
(A) cost accounting standards prescribed under section 1502 of this title; or
(B) cost or pricing data requirements (commonly referred to as truth in negotiating) under chapter 35 of this title and section 2306a of title 10.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3721.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1903(a)
41:428a(a), (e).
Pub. L. 93–400, § 32A, as added Pub. L. 108–136, title XIV, § 1443(a)(1), Nov. 24, 2003, 117 Stat. 1675; Pub. L. 108–375, title VIII, § 822, Oct. 28, 2004, 118 Stat. 2016.
1903(b)
41:428a(b), (c).
1903(c)
41:428a(d).
41 U.S.C. § 1905 (PUBLIC CONTRACTS)
§ 1905. List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold
(a) Definition.—
In this section, the term “Council” has the meaning given that term in section 1301 of this title.
(b) Inclusion in Federal Acquisition Regulation.—
(1) In general.—
The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts and subcontracts in amounts not greater than the simplified acquisition threshold.
(2) Laws enacted after october 13, 1994.—
A provision of law described in subsection (c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts or subcontracts in amounts not greater than the simplified acquisition threshold from the applicability of the provision.
(c) Covered Law.—
A provision of law referred to in subsection (b)(2) is a provision of law that the Council determines sets forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, except for a provision of law that—
(1) provides for criminal or civil penalties; or
(2) specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold.
(d) Petition.—
A person may petition the Administrator to take appropriate action when a provision of law described in subsection (c) is not included on the list of inapplicable provisions of law as required by subsection (b) and the Council has not made a written determination pursuant to subsection (b)(2). The Administrator shall revise the Federal Acquisition Regulation to include the provision on the list of inapplicable provisions of law unless the Council makes a determination pursuant to subsection (b)(2) within 60 days after the petition is received.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3722.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1905(a)
no source.
1905(b)–(d)
41:429.
Pub. L. 93–400, § 33, as added Pub. L. 103–355, title IV, § 4101, Oct. 13, 1994, 108 Stat. 3339.
41 U.S.C. § 1907 (PUBLIC CONTRACTS)
§ 1907. List of laws inapplicable to procurements of commercially available off-the-shelf items
(a) Inclusion in Federal Acquisition Regulation.—
(1) In general.—
The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts for the procurement of commercially available off-the-shelf items. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercially available off-the-shelf items.
(2) Laws to be included.—
A provision of law described in subsection (b) shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Administrator makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercially available off-the-shelf items from the applicability of the provision.
(3) Other authorities or responsibilities not affected.—
This section does not modify, supersede, impair, or restrict authorities or responsibilities under—
(A) section 15 of the Small Business Act (15 U.S.C. 644); or
(B) bid protest procedures developed under the authority of—
(i) subchapter V of chapter 35 of title 31;
(ii) section 2305(e) and (f) of title 10; or
(iii) sections 3706 and 3707 of this title.
(b) Covered Law.—
Except as provided in subsection (a)(3), a provision of law referred to in subsection (a)(1) is a provision of law that the Administrator determines imposes Federal Government-unique policies, procedures, requirements, or restrictions for the procurement of property or services on persons whom the Federal Government has awarded contracts for the procurement of commercially available off-the-shelf items, except for a provision of law that—
(1) provides for criminal or civil penalties; or
(2) specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts for the procurement of commercially available off-the-shelf items.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3724.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1907
41:431(a), (b).
Pub. L. 93–400, § 35(a), (b), as added Pub. L. 104–106, title XLII, § 4203(a), Feb. 10, 1996, 110 Stat. 654; Pub. L. 105–85, title X, § 1073(g)(2)(C), Nov. 18, 1997, 111 Stat. 1906.
41 U.S.C. § 2102 (PUBLIC CONTRACTS)
§ 2102. Prohibitions on disclosing and obtaining procurement information
(a) Prohibition on Disclosing Procurement Information.—
(1) In general.—
Except as provided by law, a person described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
(2) Employee of private sector organization.—
In addition to the restriction in paragraph (1), an employee of a private sector organization assigned to an agency under chapter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law.
(3) Application.—
Paragraph (1) applies to a person that—
(A)
(i) is a present or former official of the Federal Government; or
(ii) is acting or has acted for or on behalf of, or who is advising or has advised the Federal Government with respect to, a Federal agency procurement; and
(B) by virtue of that office, employment, or relationship has or had access to contractor bid or proposal information or source selection information.
(b) Prohibition on Obtaining Procurement Information.—
Except as provided by law, a person shall not knowingly obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3728.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2102(a)
41:423(a).
Pub. L. 93–400, § 27(a), (b), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 659; Pub. L. 107–347, title II, § 209(d)(4), Dec. 17, 2002, 116 Stat. 2930.
2102(b)
41:423(b).
41 U.S.C. § 2103 (PUBLIC CONTRACTS)
§ 2103. Actions required of procurement officers when contacted regarding non-Federal employment
(a) Actions Required.—
An agency official participating personally and substantially in a Federal agency procurement for a contract in excess of the simplified acquisition threshold who contacts or is contacted by a person that is a bidder or offeror in that Federal agency procurement regarding possible non-Federal employment for that official shall—
(1) promptly report the contact in writing to the official’s supervisor and to the designated agency ethics official (or designee) of the agency in which the official is employed; and
(2)
(A) reject the possibility of non-Federal employment; or
(B) disqualify himself or herself from further personal and substantial participation in that Federal agency procurement until the agency authorizes the official to resume participation in the procurement, in accordance with the requirements of section 208 of title 18 and applicable agency regulations on the grounds that—
(i) the person is no longer a bidder or offeror in that Federal agency procurement; or
(ii) all discussions with the bidder or offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment.
(b) Retention of Reports.—
The agency shall retain each report required by this section for not less than 2 years following the submission of the report. The reports shall be made available to the public on request, except that any part of a report that is exempt from the disclosure requirements of section 552 of title 5 under subsection (b)(1) of that section may be withheld from disclosure to the public.
(c) Persons Subject to Penalties.—
The following are subject to the penalties and administrative actions set forth in section 2105 of this title:
(1) An official who knowingly fails to comply with the requirements of this section.
(2) A bidder or offeror that engages in employment discussions with an official who is subject to the restrictions of this section, knowing that the official has not complied with paragraph (1) or (2) of subsection (a).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3728.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2103(a)
41:423(c)(1).
Pub. L. 93–400, § 27(c), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 660.
2103(b)
41:423(c)(2).
2103(c)
41:423(c)(3), (4).
41 U.S.C. § 2104 (PUBLIC CONTRACTS)
§ 2104. Prohibition on former official’s acceptance of compensation from contractor
(a) Prohibition.—
A former official of a Federal agency may not accept compensation from a contractor as an employee, officer, director, or consultant of the contractor within one year after the official—
(1) served, when the contractor was selected or awarded a contract, as the procuring contracting officer, the source selection authority, a member of the source selection evaluation board, or the chief of a financial or technical evaluation team in a procurement in which that contractor was selected for award of a contract in excess of $10,000,000;
(2) served as the program manager, deputy program manager, or administrative contracting officer for a contract in excess of $10,000,000 awarded to that contractor; or
(3) personally made for the Federal agency a decision to—
(A) award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order in excess of $10,000,000 to that contractor;
(B) establish overhead or other rates applicable to one or more contracts for that contractor that are valued in excess of $10,000,000;
(C) approve issuance of one or more contract payments in excess of $10,000,000 to that contractor; or
(D) pay or settle a claim in excess of $10,000,000 with that contractor.
(b) When Compensation May Be Accepted.—
Subsection (a) does not prohibit a former official of a Federal agency from accepting compensation from a division or affiliate of a contractor that does not produce the same or similar products or services as the entity of the contractor that is responsible for the contract referred to in paragraph (1), (2), or (3) of subsection (a).
(c) Implementing Regulations.—
Regulations implementing this section shall include procedures for an official or former official of a Federal agency to request advice from the appropriate designated agency ethics official regarding whether the official or former official is or would be precluded by this section from accepting compensation from a particular contractor.
(d) Persons Subject to Penalties.—
The following are subject to the penalties and administrative actions set forth in section 2105 of this title:
(1) A former official who knowingly accepts compensation in violation of this section.
(2) A contractor that provides compensation to a former official knowing that the official accepts the compensation in violation of this section.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3729.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2104(a)
41:423(d)(1).
Pub. L. 93–400, § 27(d), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 660.
2104(b)
41:423(d)(2).
2104(c)
41:423(d)(5).
2104(d)
41:423(d)(3), (4).
41 U.S.C. § 2106 (PUBLIC CONTRACTS)
§ 2106. Reporting information believed to constitute evidence of offense
A person may not file a protest against the award or proposed award of a Federal agency procurement contract alleging a violation of section 2102, 2103, or 2104 of this title, and the Comptroller General may not consider that allegation in deciding a protest, unless the person, no later than 14 days after the person first discovered the possible violation, reported to the Federal agency responsible for the procurement the information that the person believed constitutes evidence of the offense.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3731.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2106
41:423(g).
Pub. L. 93–400, § 27(g), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 663.
41 U.S.C. § 2107 (PUBLIC CONTRACTS)
§ 2107. Savings provisions
This chapter does not—
(1) restrict the disclosure of information to, or its receipt by, a person or class of persons authorized, in accordance with applicable agency regulations or procedures, to receive that information;
(2) restrict a contractor from disclosing its own bid or proposal information or the recipient from receiving that information;
(3) restrict the disclosure or receipt of information relating to a Federal agency procurement after it has been canceled by the Federal agency before contract award unless the Federal agency plans to resume the procurement;
(4) prohibit individual meetings between a Federal agency official and an offeror or potential offeror for, or a recipient of, a contract or subcontract under a Federal agency procurement, provided that unauthorized disclosure or receipt of contractor bid or proposal information or source selection information does not occur;
(5) authorize the withholding of information from, nor restrict its receipt by, Congress, a committee or subcommittee of Congress, the Comptroller General, a Federal agency, or an inspector general of a Federal agency;
(6) authorize the withholding of information from, nor restrict its receipt by, the Comptroller General in the course of a protest against the award or proposed award of a Federal agency procurement contract; or
(7) limit the applicability of a requirement, sanction, contract penalty, or remedy established under another law or regulation.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3731.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2107
41:423(h).
Pub. L. 93–400, § 27(h), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 663.
41 U.S.C. § 2305 (PUBLIC CONTRACTS)
§ 2305. Authority of Director of Office of Management and Budget not affected
This division does not limit the authorities and responsibilities of the Director of the Office of Management and Budget in effect on December 1, 1983.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3737.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2305
41:405(h)(2).
Pub. L. 93–400, § 6(h)(2), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, § 4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, § 5, Dec. 1, 1983, 97 Stat. 1328.
The words “in effect on December 1, 1983” are substituted for “current” for clarity.
41 U.S.C. § 2306 (PUBLIC CONTRACTS)
§ 2306. Openness of meetings
The Administrator by regulation shall require that—
(1) formal meetings of the Office of Federal Procurement Policy, as designated by the Administrator, for developing procurement policies and regulations be open to the public; and
(2) public notice of each meeting be given not less than 10 days prior to the meeting.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3737.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2306
41:412(b).
Pub. L. 93–400, § 14(b), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, § 9, Oct. 10, 1979, 93 Stat. 652.
41 U.S.C. § 2307 (PUBLIC CONTRACTS)
§ 2307. Comptroller General’s access to information
The Administrator and personnel in the Office of Federal Procurement Policy shall furnish information the Comptroller General may require to discharge the responsibilities of the Comptroller General. For this purpose, the Comptroller General or representatives of the Comptroller General shall have access to all books, documents, papers, and records of the Office of Federal Procurement Policy.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3737.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2307
41:412(a).
Pub. L. 93–400, § 14(a), Aug. 30, 1974, 88 Stat. 800.
41 U.S.C. § 2308 (PUBLIC CONTRACTS)
§ 2308. Modular contracting for information technology
(a) Use.—
To the maximum extent practicable, the head of an executive agency should use modular contracting for an acquisition of a major system of information technology.
(b) Modular Contracting Described.—
Under modular contracting, an executive agency’s need for a system is satisfied in successive acquisitions of interoperable increments. Each increment complies with common or commercially accepted standards applicable to information technology so that the increments are compatible with other increments of information technology comprising the system.
(c) Provisions in Federal Acquisition Regulation.—
The Federal Acquisition Regulation shall provide that—
(1) under the modular contracting process, an acquisition of a major system of information technology may be divided into several smaller acquisition increments that—
(A) are easier to manage individually than would be one comprehensive acquisition;
(B) address complex information technology objectives incrementally in order to enhance the likelihood of achieving workable solutions for attaining those objectives;
(C) provide for delivery, implementation, and testing of workable systems or solutions in discrete increments, each of which comprises a system or solution that is not dependent on a subsequent increment in order to perform its principal functions; and
(D) provide an opportunity for subsequent increments of the acquisition to take advantage of any evolution in technology or needs that occurs during conduct of the earlier increments;
(2) to the maximum extent practicable, a contract for an increment of an information technology acquisition should be awarded within 180 days after the solicitation is issued and, if the contract for that increment cannot be awarded within that period, the increment should be considered for cancellation; and
(3) the information technology provided for in a contract for acquisition of information technology should be delivered within 18 months after the solicitation resulting in award of the contract was issued.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3737.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2308
41:434.
Pub. L. 93–400, § 38, formerly § 35, as added Pub. L. 104–106, title LII, § 5202(a), Feb. 10, 1996, 110 Stat. 690; renumbered § 38, Pub. L. 104–201, title X, § 1074(d)(1), Sept. 23, 1996, 110 Stat. 2660.