41 U.S.C. § 3901 — Contracts awarded using procedures other than sealed-bid procedures

(a) Except as section 3905 provides, a contract awarded using procedures other than sealed bidding may be any type the agency head believes will best serve the Federal Government. (b)(1) Every such contract must include a suitable warranty, set by the agency head, that the contractor did not employ or retain a person or selling agency to obtain the contract under an agreement for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or established commercial or selling agencies the contractor maintains to obtain business. (b)(2) If the warranty is breached or violated, the Government may cancel the contract without liability or deduct the full fee from the contract price or consideration. (b)(3) The warranty requirement does not apply to a contract at or below the simplified acquisition threshold or to a contract acquiring commercial products or services. This section does not define “simplified acquisition threshold.”