41 U.S.C. § 3301 — Full and open competition
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 251 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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—
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
use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
solicit sealed bids if—
time permits the solicitation, submission, and evaluation of sealed bids;
the award will be made on the basis of price and other price-related factors;
it is not necessary to conduct discussions with the responding sources about their bids; and
there is a reasonable expectation of receiving more than one sealed bid; or
request competitive proposals if sealed bids are not appropriate under subparagraph (A).
Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 1 of title 23 applies.
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.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3745.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3745
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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