Title 41, Public ContractsRelease 119-110

§3702 Sealed Bids

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 37 — AWARDING OF CONTRACTS › § 3702

Last updated Sep 22, 2026|Official source

Summary

Sealed bids must be opened in public at the time and place listed in the solicitation. The agency must judge the bids under the rules in section 3701(a) without talking with bidders and, except as section 3701(b) allows, must promptly give the contract to the responsible bidder whose compliant bid is best for the Federal Government based only on price and other price-related factors in the solicitation. The agency must notify the winner in writing or electronically. Within 3 days after the award date, the agency must also tell each losing bidder in writing or electronically that the contract was awarded.

Full Legal Text

Title 41, §3702

Public Contracts, Source: USLM XML via OLRC

(a)Opening of Bids.—
Sealed bids shall be opened publicly at the time and place stated in the solicitation.
(b)Criteria for Awarding Contract.—
The executive agency shall evaluate the bids in accordance with section 3701(a) of this title without discussions with the bidders and, except as provided in section 3701(b) of this title, shall award a contract with reasonable promptness to the responsible source whose bid conforms to the solicitation and is most advantageous to the Federal Government, considering only price and the other price-related factors included in the solicitation.
(c)Notice of Award.—
The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the award to the successful bidder. Within 3 days after the date of contract award, the executive agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3702(a)41:253b(c) (1st sentence).June 30, 1949, ch. 288, title III, § 303B(c), as added Pub. L. 98–369, title VII, § 2711(a)(2), July 18, 1984, 98 Stat. 1179; Pub. L. 103–355, title I, §§ 1061(c)(2), 1063(a), Oct. 13, 1994, 108 Stat. 3267, 3268. 3702(b)41:253b(c) (2d sentence). 3702(a)41:253b(c) (3d, last sentences).

Reference

Citations & Metadata

Citation

41 U.S.C. § 3702

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110