Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 33 — PLANNING AND SOLICITATION › § 3308
Agency heads must think about asking companies bidding on big system contracts to include plans that make future buying easier and more competitive. When writing a request for development work, the agency must decide whether to require bidders to offer ways to use parts already in the agency’s supply, parts available elsewhere in the national supply, or parts sold by more than one commercial source. For parts likely needed in large numbers over the system’s life, bidders may be asked to show how the design will let the government buy those parts competitively later. The agency must weigh the system’s purpose and needed technology, and if these plans are required, they must be considered when judging price. For production contracts, the agency must decide whether to require plans that help the government get commonly re-bought items competitively in the future. Such plans can include giving the government rights to use technical data for future competitive buys (with the cost disclosed), or plans to qualify or create multiple suppliers. If a contract is awarded without competition, these same goals can be used as negotiation objectives.
Full Legal Text
Public Contracts, Source: USLM XML via OLRC
Legislative History
Reference
Citation
41 U.S.C. § 3308
Title 41, Public Contracts
Last Updated
Sep 22, 2026
Release point: 119-110