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41 U.S.C. § 152 — Competitive procedures

submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 198 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines 'competitive procedures' for Division C of the federal procurement code. It mainly means an executive agency awards a contract through full and open competition. It also lists five other specific methods that count as competitive procedures too.

In Division C, "competitive procedures" mainly means an executive agency enters a contract through full and open competition. The term also covers five more specific situations: (1) Buying architectural or engineering services under chapter 11 of title 40. (2) Competitively picking basic research proposals that come from a general solicitation, using peer review or scientific review, whichever fits. (3) The multiple-award-schedule procedures the General Services Administration Administrator sets for its multiple awards schedule program — but only if (A) any responsible source could take part in the program, and (B) orders and contracts made this way give the government the lowest overall cost option to meet its needs. (4) Procurements carried out under section 15 of the Small Business Act, as long as every responsible business entitled to bid on them is allowed to compete. (5) Competitively picking research proposals that come from a general solicitation, using peer review or scientific review, when solicited under section 9 of the Small Business Act.
the actual law source: uscode.house.gov ↗public domain

In division C, the term “competitive procedures” means procedures under which an executive agency enters into a contract pursuant to full and open competition. The term also includes—

(1)

procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;

(2)

the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of those proposals;

(3)

the procedures established by the Administrator of General Services 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 those procedures result in the lowest overall cost alternative to meet the needs of the Federal Government;

(4)

procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for those 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 9 of that Act (15 U.S.C. 638).

Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3683.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 111-350 · 124 Stat. 3683

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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