What 41 USC 3301 - Full and Open Competition in Federal Procurement (Competition in Contracting Act) requires
41 USC 3301 (originally enacted in 1984 as the Competition in Contracting Act, recodified in 2011 by Pub L 111-350) requires executive agencies conducting procurement of property or services to obtain full and open competition through the use of competitive procedures, by either soliciting sealed bids or requesting competitive proposals; sealed bids are required when time permits, award will be made on the basis of price and other price-related factors, discussions are not necessary, and there is a reasonable expectation of more than one bid; otherwise competitive proposals must be requested; the Federal Acquisition Regulation implements these requirements consistent with the need to efficiently fulfill the Government's requirements.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (Competition in Contracting Act of 1984, recodified into 41 USC Subtitle I by Pub L 111-350, 4 January 2011) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/41/3301
SHA-256 integrity: ab02761cdbc5d37e6ec724c87ff195ca3454568850c1377d607a6dbb601f636f
Primary Citations — 5 traced to source
- 41 USC 3301(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.'
- 41 USC 3301(b)(1)(A) SEALED BIDS: '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'
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