What 41 USC § 3304 - Use of Noncompetitive Procedures (Exceptions to Full and Open Competition) requires
41 USC § 3304 (originally enacted as part of the Competition in Contracting Act of 1984 and recodified by Pub. L. 111-350) sets out the seven exceptions permitting an executive agency to use procedures other than competitive procedures under 41 USC § 3301: (1) only one responsible source and no other supplies or services will satisfy agency requirements; (2) unusual and compelling urgency that the Federal Government would be seriously injured by waiting; (3) industrial mobilization, engineering, developmental, or research capability or expert services maintenance; (4) terms of an international agreement or treaty or foreign government direction; (5) statute expressly authorizes or requires procurement be made through another executive agency or from a specified source, or the agency's need is for a brand-name commercial item; (6) disclosure of the agency's needs would compromise the national security; (7) the head of the executive agency determines that it is necessary in the public interest, with Congressional notification at least 30 days before award; each exception requires written justification and approval at escalating tiers ($550K, $13.5M, $93M, above $93M) per FAR 6.304, with the justification publicly posted on SAM.gov within 14 days of award.
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/41/3304
SHA-256 integrity: f4e5829d5b1c517096d07d327d681a379a59320e69ae4d9596ff7cacea3408ba
Primary Citations — 5 traced to source
- 41 USC § 3304(a)(1) ONLY ONE RESPONSIBLE SOURCE: 'the property or services needed by the executive agency are available from only one responsible source or, for DoD, NASA, or the Coast Guard, from only one or a limited number of responsible sources, and no other type of property or services will satisfy the needs of the executive agency'
- 41 USC § 3304(a)(2) UNUSUAL AND COMPELLING URGENCY: 'the executive agency's need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals'
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