Full and open competition
In General.—
Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall—
obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and
use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
Appropriate Competitive Procedures.—
Use of sealed bids.—
In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
solicit sealed bids if—
time permits the solicitation, submission, and evaluation of sealed bids;
the award will be made on the basis of price and other price-related factors;
it is not necessary to conduct discussions with the responding sources about their bids; and
there is a reasonable expectation of receiving more than one sealed bid; or
request competitive proposals if sealed bids are not appropriate under subparagraph (A).
Sealed bid not required.—
Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 1
Efficient Fulfillment of Government Requirements.—
The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.
Notes
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
3301(a) | 41:253(a)(1). | June 30, 1949, ch. 288, title III, § 303(a), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1175; Pub. L. 103–355, title I, § 1051(1), Oct. 13, 1994, 108 Stat. 3260. |
3301(b)(1) | 41:253(a)(2). | |
3301(b)(2) | 41:252(c)(2). | June 30, 1949, ch. 288, title III, § 302(c)(2), as added Pub. L. 98–369, title VII, § 2714(a)(1)(B), July 18, 1984, 98 Stat. 1184. |
3301(c) | 41:253(h). | June 30, 1949, ch. 288, title III, § 303(h), as added Pub. L. 104–106, title XLI, § 4101(b)(2), Feb. 10, 1996, 110 Stat. 642. |
References in Text
Regulations
Construction
Governmentwide Software Purchasing Program
In General.—
The Administrator of General Services shall identify and develop a strategic sourcing initiative to enhance Governmentwide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements.
Governmentwide User License Agreement.—
The Administrator, in developing the initiative under subsection (a), shall allow for the purchase of a license agreement that is available for use by all Executive agencies (as defined in section 105 of title 5, United States Code) as one user to the maximum extent practicable and as appropriate.”