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41 U.S.C. § 3301 - U.S. Code - Unannotated Title 41. Public Contracts § 3301. Full and open competition

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(b) Appropriate competitive procedures.--

(1) Use of sealed bids.--In determining the competitive procedures appropriate under the circumstance, an executive agency shall--

(A) solicit 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; or

(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).

(2) Sealed bid not required.--Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) of title 23 applies.

(c) Efficient fulfillment of Government requirements.--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.

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Cite this article: FindLaw.com - 41 U.S.C. § 3301 - U.S. Code - Unannotated Title 41. Public Contracts § 3301. Full and open competition - last updated January 01, 2024 | https://codes.findlaw.com/us/title-41-public-contracts/41-usc-sect-3301/

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