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

Summary

Defines "competitive procedures" as the steps an executive agency uses to award a contract after open competition. It also covers a few specific cases: hiring architectural or engineering services under chapter 11 of title 40; picking basic research proposals from a public request with peer or scientific review; GSA’s multiple-award schedule procedures when anyone responsible could join and orders pick the lowest total-cost option to meet federal needs; procurements under section 15 of the Small Business Act (15 U.S.C. 644) if all eligible firms may compete; and picking research proposals from a general solicitation under section 9 of that Act (15 U.S.C. 638) with peer or scientific review.

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).

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.

§152 Competitive Procedures

Summary

Title 41, §152

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata