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41 U.S.C. § 107 — Full and open competition
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “full and open competition”, when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement.
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Stable record: federal_law:legal_authorities:record_usc_14195e4cdc6b7097536d5adc
Source file: Laws/federal/codes/united-states-code/title-41/section-107-full-and-open-competition--6b60783d76.md
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Source location: Title 41, Chapter 1, § 107; chapter-001-chapter-1.md
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In this subtitle, the term “full and open competition”, when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Private Operation.—** Under such regulations as the Secretary of Defense may approve, private persons may operate selected commissary store functions, except that such functions may not include functions relating to the procurement of products to be sold in a commissary store or functions relating to the overall management of a commissary system or the management of a commissary store. Such functions shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense.
**(b) Contracts With Other Agencies and Instrumentalities.—**
(1) The Defense Commissary Agency, and any other agency of the Department of Defense that supports the operation of the commissary system, may enter into a contract or other agreement with another element of the Department of Defense or with another Federal department, agency, or instrumentality to provide or obtain services beneficial to the efficient management and operation of the commissary system. However, the Defense Commissary Agency may not pay for any such service provided by the United States Transportation Command any amount that exceeds the price at which the service could be procured through full and open competition, as such term is defined in [section 107 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section107&num=0&edition=prelim).
(2) A commissary store operated by a nonappropriated fund instrumentality of the Department of Defense shall be operated in accordance with [section 2483 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2483&num=0&edition=prelim). Subject to such section, the Secretary of Defense may authorize a transfer of goods, supplies, and facilities of, and funds appropriated f
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2485
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter, the term—
(1) “Board” means the United States Metric Board, established under [section 205d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section205d&num=0&edition=prelim);
(2) “engineering standard” means a standard which prescribes (A) a concise set of conditions and requirements that must be satisfied by a material, product, process, procedure, convention, or test method; and (B) the physical, functional, performance and/or conformance characteristics thereof;
(3) “international standard or recommendation” means an engineering standard or recommendation which is (A) formulated and promulgated by an international organization and (B) recommended for adoption by individual nations as a national standard;
(4) “metric system of measurement” means the International System of Units as established by the General Conference of Weights and Measures in 1960 and as interpreted or modified for the United States by the Secretary of Commerce;
(5) “full and open competition” has the same meaning as defined in [section 107 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section107&num=0&edition=prelim);
(6) “total installed price” means the price of purchasing a product or material, trimming or otherwise altering some or all of that product or material, if necessary to fit with other building components, and then installing that product or material into a Federal facility;
(7) “hard-metric” means measurement, design, and manufacture using the metric system of measurement, but does not include measurement, design, and manufacture using English system measurement units which are subsequently reexpressed in the metric system of measurement;
(8) “cost or pricing data or price anal
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 205c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There is established within the Administration a program (to be known as the HUBZone program) to be carried out by the Administrator to provide for Federal contracting assistance, including promoting economic development in economically distressed areas (as defined in section 636(m)(11)),11 See References in Text note below. to qualified HUBZone small business concerns in accordance with this section.
**(b) Definitions relating to HUBZones** In this section:
(1) **Historically underutilized business zone** — The terms “historically underutilized business zone” or “HUBZone” mean any area located within 1 or more—
(A) qualified census tracts;
(B) qualified nonmetropolitan counties;
(C) lands within the external boundaries of an Indian reservation;
(D) redesignated areas;
(E) base closure areas;
(F) qualified disaster areas; or
(G) a Governor-designated covered area.
(2) **HUBZone small business concern** — The term “HUBZone small business concern” means—
(A) a small business concern that is at least 51 percent owned and controlled by United States citizens;
(B) a small business concern that is—
(i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to [section 1626(e)(1) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626/e/1&num=0&edition=prelim)); or
(ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to [section 1626(e)(1) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626/e/1&num=0&edition=prelim), if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to [secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** In carrying out this part, the Administrator of the Federal Aviation Administration—
(1) to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator;
(2) may construct and improve laboratories and other test facilities; and
(3) may dispose of any interest in property for adequate compensation, and the amount so received shall—
(A) be credited to the appropriation current when the amount is received;
(B) be merged with and available for the purposes of such appropriation; and
(C) remain available until expended.
**(b) Purchase of Housing Units.—**
(1) **Authority.—** — In carrying out this part, the Administrator may purchase a housing unit (including a condominium or a housing unit in a building owned by a cooperative) that is located outside the contiguous United States if the cost of the unit is $300,000 or less.
(2) **Adjustments for inflation.—** — For fiscal years beginning after September 30, 1997, the Administrator may adjust the dollar amount specified in paragraph (1) to take into account increases in local housing costs.
(3) **Continuing obligations.—** — Notwithstanding [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim), the Administrator may purchase a housing unit under paragraph (1) even if there is an obligation thereafter to pay necessary and reasonable fees duly assessed upon such unit, including fees related to operation, maintenance, taxes, and insurance.
(4) **Certification to
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40110
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Federal law — U.S. Code and appendices · legal_authorities
Page 7
TITLE 41—PUBLIC CONTRACTS
§ 109
Editorial Notes
AMENDMENTS
2021—Par. (1)(A). Pub. L. 116–283, § 1081(d)(4)(A), made
technical correction to directory language of Pub. L.
115–232, § 836(a)(2)(B). See 2018 Amendment note below.
2018—Par. (1)(A). Pub. L. 115–232, as amended by Pub.
L. 116–283, § 1081(d)(4)(A), substituted ‘‘commercial prod-
uct’’ for ‘‘commercial item’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021,
134 Stat. 3873, provided that the amendment made by
section 1081(d)(4)(A) to section 836(a)(2)(B) of Pub. L.
115–232, which amended this section, is effective as of
Aug. 13, 2018, and as if included in Pub. L. 115–232.
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 Amend-
ment; Savings Provision note under section 453b of
Title 6, Domestic Security.
§ 105. Component
In this subtitle, the term ‘‘component’’ means
an item supplied to the Federal Government as
part of an end item or of another component.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
105 .............
41:259(c)(14).
June 30, 1949, ch. 288, title
III, § 309(c)(14), as added
Pub. L. 98–369, title VII,
§ 2711(a)(3), July 18, 1984, 98
Stat. 1180; Pub. L. 98–577,
title V, § 504(a)(4), Oct. 30,
1984, 98 Stat. 3086; Pub. L.
103–355, title I, § 1551, Oct.
13, 1994, 108 Stat. 3299.
41:264a (‘‘compo-
nent’’).
June 30, 1949, ch. 288, title
III, § 314A (‘‘component’’),
as added Pub. L. 103–355,
title VIII, § 8202, Oct. 13,
1994, 108 St
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 107
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.