§ 3901 Contracts awarded using procedures other than sealed-bid procedures · 116-138not113

116-182 is not ingested; this is Title 41 as published at 116-138not113 (2020-04-10), which is the latest release point at or before it that carries this title.

§ 3901.

Contracts awarded using procedures other than sealed-bid procedures

(a)

Authorized Types.—

Except as provided in section 3905 of this title, contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.

(b)

Required Warranty.—

(1)

Content.—

Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.

(2)

Remedy for breach or violation.—

For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.

(3)

Nonapplication.—

Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial products or commercial services.

Source

(Pub. L. 111–350, § 3,

Jan. 4, 2011

, 124 Stat. 3774; Pub. L. 115–232, div. A, title VIII, § 836(b)(16),

Aug. 13, 2018

, 132 Stat. 1864.)

Notes

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3901	41:254(a).	June 30, 1949, ch. 288, title III, § 304(a), 63 Stat. 395; Pub. L. 98–369, div. B, title VII, § 2714(a)(3)(A), (B), July 18, 1984, 98 Stat. 1184; Pub. L. 103–355, title IV, § 4103(c), title VIII, § 8204(b), Oct. 13, 1994, 108 Stat. 3341, 3396.

In subsection (b)(2), the words “in its discretion” are omitted as unnecessary.

Amendments

2018—Subsec. (b)(3). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective

Jan. 1, 2020

, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

§ 3901. Contracts awarded using procedures other than sealed-bid procedures