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41 U.S.C. § 3301 — Full and open competition
Federal law — U.S. Code and appendices · legal_authorities
**(a) 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—
(1) 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
(2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Appropriate Competitive Procedures.—**
(1) **Use of sealed bids.—** — In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
(A) solicit sealed bids if—
(i) time permits the solicitation, submission, and evaluation of sealed bids;
(ii) the award will be made on the basis of price and other price-related factors;
(iii) it is not necessary to conduct discussions with the responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more than one sealed bid; or
(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).
(2) **Sealed bid not required.—** — Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 11 See References in Text note below. of title 23 applies.
**(c) 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.
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Source file: Laws/federal/codes/united-states-code/title-41/section-3301-full-and-open-competition--8a13b27207.md
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Source location: Title 41, Chapter 33, § 3301; chapter-033-chapter-33.md
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**(a) 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—
(1) 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
(2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Appropriate Competitive Procedures.—**
(1) **Use of sealed bids.—** — In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
(A) solicit sealed bids if—
(i) time permits the solicitation, submission, and evaluation of sealed bids;
(ii) the award will be made on the basis of price and other price-related factors;
(iii) it is not necessary to conduct discussions with the responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more than one sealed bid; or
(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).
(2) **Sealed bid not required.—** — Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 11 See References in Text note below. of title 23 applies.
**(c) 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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Funds.—**
(1) **In general.—** — Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—
(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—
(i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;
(ii) acquisition of necessary scenic easements and scenic or historic sites;
(iii) provisions for pedestrians and bicycles;
(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
(vi) contextual wayfinding markers;
(vii) landscaping;
(viii) cooperative mitigation of visual blight, including screening or removal; and
(ix) other appropriate public road facilities, as determined by the Secretary;
(B) operation and maintenance of transit facilities; and
(C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
(2) **Contract.—** — In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
(A) a State (including a political subd
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 204
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) There is established a program to furnish hospital care, medical services, and extended care services to covered veterans through health care providers specified in subsection (c).
(2) The Secretary shall coordinate the furnishing of hospital care, medical services, and extended care services under this section to covered veterans, including coordination of, at a minimum, the following:
(A) Ensuring the scheduling of medical appointments in a timely manner and the establishment of a mechanism to receive medical records from non-Department providers.
(B) Ensuring continuity of care and services.
(C) Ensuring coordination among regional networks if the covered veteran accesses care and services in a different network than the regional network in which the covered veteran resides.
(D) Ensuring that covered veterans do not experience a lapse in care resulting from errors or delays by the Department or its contractors or an unusual or excessive burden in accessing hospital care, medical services, or extended care services.
(3) A covered veteran may only receive care or services under this section upon the authorization of such care or services by the Secretary.
(4) Nothing in this section shall be construed to authorize the Secretary to suspend the program established under paragraph (1).
**(b) Covered Veterans.—** For purposes of this section, a covered veteran is any veteran who—
(1) is enrolled in the system of annual patient enrollment established and operated under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim); or
(2) is not enrolled in such system but is otherwise entitled to hospital care, medical services, or extended care services under s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1703
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8104&num=0&edition=prelim), the Secretary—
(1) may construct or alter any medical facility and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for such construction or alteration;
(2) may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, any facility (including the site of such facility) that the Secretary considers necessary for use as a medical facility; and
(3) in order to assure compliance with [section 8110(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8110/a/2&num=0&edition=prelim), in the case of any outpatient medical facility for which it is proposed to lease space and for which a qualified lessor and an appropriate leasing arrangement are available, shall execute a lease for such facility within 12 months after funds are made available for such purpose.
**(b)** Whenever the Secretary considers it to be in the interest of the United States to construct a new medical facility to replace an existing medical facility, the Secretary (1) may demolish the existing facility and use the site on which it is located for the site of the new medical facility, or (2) if in the judgment of the Secretary it is more advantageous to construct such medical facility on a different site in the same locality, may exchange such existing facility and the site of such existing facility for the different site.
**(c)** Whenever the Secretary determines that any site acquired for the construction of a medical facility is not suitable for that purpose, the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8103
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Federal law — U.S. Code and appendices · legal_authorities
In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to the specific matters covered by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Procedures Are To Be Used.—** To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts—
(1) not greater than the simplified acquisition threshold; and
(2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
**(b) Prohibition on Dividing Purchases.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts to use the simplified acquisition procedures required by subsection (a).
**(c) Promotion of Competition Required.—** When using simplified acquisition procedures, the head of an executive agency shall promote competition to the maximum extent practicable.
**(d) Consideration of Offers Timely Received.—** The simplified acquisition procedures contained in the Federal Acquisition Regulation shall include a requirement that a contracting officer consider each responsive offer timely received from an eligible offeror.
**(e) Special Rules for Commercial Products and Commercial Services.—** The Federal Acquisition Regulation shall provide that an executive agency using special simplified procedures to purchase commercial products or commercial services—
(1) shall publish a notice in accordance with [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusion of Particular Source.—**
(1) **Criteria for exclusion.—** — An executive agency may provide for the procurement of property or services covered by [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3301&num=0&edition=prelim) using competitive procedures but excluding a particular source to establish or maintain an alternative source of supply for that property or service if the agency head determines that to do so would—
(A) increase or maintain competition and likely result in reduced overall cost for the procurement, or for an anticipated procurement, of the property or services;
(B) be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;
(C) be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;
(D) ensure the continuous availability of a reliable source of supply of the property or service;
(E) satisfy projected needs for the property or service determined on the basis of a history of high demand for the property or service; or
(F) satisfy a critical need for medical, safety, or emergency supplies.
(2) **Determination for class disallowed.—** — A determination under paragraph (1) may not be made for a class of purchases or contracts.
**(b) Exclusion of Other Than Small Business Concerns.—** An executive agency may provide for the procurement of property or services covered by [section 3301 of this title](https://uscode.house.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) The National Transportation Safety Board, and when authorized by it, a member of the Board, an administrative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairman of the Board, may conduct hearings to carry out this chapter, administer oaths, and require, by subpoena or otherwise, necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A subpoena shall be issued under the signature of the Chairman or the Chairman’s delegate but may be served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court.
**(b) Additional Powers.—**
(1) The Board may—
(A) procure the temporary or intermittent services of experts or consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim);
(B) make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41;
(C) use
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
Page 87
TITLE 41—PUBLIC CONTRACTS
§ 3301
1 See References in Text note below.
experiment on a subject of science or art of sig-
nificance to an executive agency and to report
on those matters to Congress or an agency of
the Federal Government.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3105(a) ........
41:253(i)(1).
June 30, 1949, ch. 288, title
III, § 303(i), as added Pub.
L.
103–355,
title
VII,
§ 7203(b)(1)(B), Oct. 13, 1994,
108 Stat. 3380; Pub. L.
104–106,
title
XLI,
§ 4101(b)(1), Feb. 10, 1996,
110 Stat. 642.
41:266(a).
June 30, 1949, ch. 288, title
III, § 316, as added Pub. L.
103–355,
title
VII,
§ 7203(b)(2), Oct. 13, 1994,
108 Stat. 3381; Pub. L.
104–106,
title
XLIII,
§ 4321(e)(9), Feb. 10, 1996,
110 Stat. 675.
3105(b) ........
41:253(i)(3).
41:266(c).
3105(c) ........
41:253(i)(2).
41:266(b).
3105(d) ........
41:253(i)(4).
41:266(d).
§ 3106. Erection, repair, or furnishing of public
buildings and improvements not authorized,
and certain contracts not permitted, by this
division
This division does not—
(1) authorize the erection, repair, or fur-
nishing of a public building or public improve-
ment; or
(2) permit a contract for the construction or
repair of a building, road, sidewalk, sewer,
main, or similar item using procedures other
than
sealed-bid
procedures
under
section
3301(b)(1)(A) of this title if the conditions set
forth in section 3301(b)(1)(A) of this title apply
or the contract is to be performed outside the
United States.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3745.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3106 ............
41:25
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 3301
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.