Title 41Public ContractsRelease 119-73not60

§3308 Planning for Future Competition in Contracts for Major Systems

Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 33— PLANNING AND SOLICITATION › § 3308

Last updated Apr 5, 2026|Official source

Summary

When an agency prepares a request for bids to develop a major system, the agency head must think about asking bidders to include special proposals. The head must consider why the system is needed and what technology it requires. If the proposals are required, the agency must take them into account when judging price. For development work, the proposals can ask designers to use parts already in the agency’s supply, parts available elsewhere in the national supply system, or parts sold commercially by more than one source. For parts likely needed in large amounts during the system’s life, bidders should propose designs that let the government buy those parts competitively later. When the agency prepares a request for bids to produce a major system, the head must likewise consider asking for proposals that show how the government can obtain commonly re-bought parts on a competitive basis. Examples include offering the government the right to use technical data (with the cost and right to use stated) or plans to qualify or develop multiple suppliers. If the agency plans a noncompetitive award, these same goals can be used as negotiation objectives.

Full Legal Text

Title 41, §3308

Public Contracts — Source: USLM XML via OLRC

(a)(1)In preparing a solicitation for the award of a development contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If the proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2)The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following:
(A)Proposals to incorporate in the design of the major system items that are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(B)With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items that the Federal Government will be able to acquire competitively in the future.
(b)(1)In preparing a solicitation for the award of a production contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If the proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2)The proposals that the head of an agency is to consider requiring in a solicitation for the award of a production contract are proposals identifying opportunities to ensure that the Federal Government will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to this requirement may include the following:
(A)Proposals to provide to the Federal Government the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the Federal Government of acquiring the data and the right to use the data.
(B)Proposals for the qualification or development of multiple sources of supply for the item.
(c)If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in subsections (a) and (b) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 330841:253b(j).June 30, 1949, ch. 288, title III, § 303B(j), formerly § 303B(f), as added Pub. L. 98–577, title II, § 201(a), Oct. 30, 1984, 98 Stat. 3068; redesignated as § 303B(g), Pub. L. 103–355, title I, § 1064(1), Oct. 13, 1994, 108 Stat. 3268; redesignated as § 303B(j), Pub. L. 104–106, title XLI, § 4104(b)(2), Feb. 10, 1996, 110 Stat. 645.

Reference

Citations & Metadata

Citation

41 U.S.C. § 3308

Title 41Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60