§3703 — Title 41 Public Contracts | U.S. Code

Summary

An executive agency must evaluate competitive proposals under section 3701(a) and can award a contract in one of two ways. It can award after discussions with all responsible offerors in the competitive range. Or it can award without discussions (except for minor clarifications) if the solicitation said awards may be made without discussions under section 3306(b)(2)(B)(i). If too many offerors would be in the competitive range, the contracting officer may limit that number so an efficient competition is possible, using the solicitation’s criteria. The agency must promptly award the contract to the responsible offeror whose proposal is most advantageous, considering price and the other factors stated in the solicitation, unless section 3701(b) says otherwise. The agency must notify the winner in writing or electronically and must notify all other offerors of rejection in writing or electronically within 3 days after the award.

Title 41, §3703

Public Contracts — Source: USLM XML via OLRC

(a)An executive agency shall evaluate competitive proposals in accordance with section 3701(a) of this title and may award a contract—

(1)after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or

(2)based on the proposals received and without discussions with the offerors (other than discussions conducted for the purpose of minor clarification), if, as required by section 3306(b)(2)(B)(i) of this title, the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions unless discussions are determined to be necessary.

(b)If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under subsection (a)(1) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with those criteria.

(c)Except as otherwise provided in section 3701(b) of this title, the executive agency shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the Federal Government, considering only cost or price and the other factors included in the solicitation.

(d)The executive agency shall award the contract by transmitting, in writing or by electronic means, notice of the award to that source and, within 3 days after the date of contract award, shall notify, in writing or by electronic means, all other offerors of the rejection of their proposals.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3703(a)41:253b(d)(1).June 30, 1949, ch. 288, title III, § 303B(d), as added Pub. L. 98–369, title VII, § 2711(a)(2), July 18, 1984, 98 Stat. 1180; Pub. L. 103–355, title I, §§ 1061(c)(3), 1063(b), Oct. 13, 1994, 108 Stat. 3267, 3268; Pub. L. 104–106, title XLI, § 4103(b), Feb. 10, 1996, 110 Stat. 644. 3703(b)41:253b(d)(2). 3703(c)41:253b(d)(3) (1st sentence). 3703(d)41:253b(d)(3) (last sentence).

§3703 Competitive proposals

Summary

Title 41, §3703

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata