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Title 41, Public ContractsRelease 119-110

§3703 Competitive Proposals

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 37 — AWARDING OF CONTRACTS › § 3703

Last updated Sep 22, 2026|Official source

Summary

Federal agencies must evaluate competing proposals under section 3701(a). They can award a contract after talking with all responsible offerors in the competitive range. Or they can award without talks (only minor clarifications allowed) if the solicitation included the statement required by section 3306(b)(2)(B)(i) that award may be made without discussions. If too many offerors would be in the competitive range, the contracting officer may cut the list to the largest number that still allows an efficient competition. The agency must pick the responsible offeror whose proposal is most advantageous to the government, weighing cost or price and the other factors in the solicitation, and must notify the winner and tell all others of rejection within 3 days.

Full Legal Text

Title 41, §3703

Public Contracts, Source: USLM XML via OLRC

(a)Evaluation and Award.—
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)Limit on Number of Proposals.—
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)Criteria for Awarding Contract.—
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)Notice of Award.—
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.

Legislative History

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).

Reference

Citations & Metadata

Citation

41 U.S.C. § 3703

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110