Title 41Public ContractsRelease 119-73

§152 Competitive procedures

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 1— - DEFINITIONS › Subchapter SUBCHAPTER III— - DIVISION C DEFINITIONS › § 152

Last updated Apr 6, 2026|Official source

Summary

Says "competitive procedures" are the ways an executive agency awards contracts using open competition where any responsible source may submit offers. It also includes: hiring architects or engineers under chapter 11 of title 40; choosing basic research proposals from a public solicitation with peer or scientific review; using the GSA multiple-award schedule rules set by the Administrator of General Services when the program was open to all responsible sources and orders give the lowest overall cost alternative; procurements under section 15 of the Small Business Act (15 U.S.C. 644) when all eligible businesses may compete; and selecting research proposals from a public solicitation under section 9 (15 U.S.C. 638) with peer or scientific review.

Full Legal Text

Title 41, §152

Public Contracts — Source: USLM XML via OLRC

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).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 15241:259(b).June 30, 1949, ch. 288, § 309(b), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, § 504(a)(3), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 105–85, title X, § 1073(g)(1), Nov. 18, 1997, 111 Stat. 1906.

Reference

Citations & Metadata

Citation

41 U.S.C. § 152

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73