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41 U.S.C. § 1712 — Record requirements

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1712 — Record requirements

**(a) Maintaining Records on Computer.—** Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year. **(b) Contents.—** The record established under subsection (a) shall include, with respect to each procurement carried out using— (1) competitive procedures— (A) the date of contract award; (B) information identifying the source to whom the contract was awarded; (C) the property or services the Federal Government obtains under the procurement; and (D) the total cost of the procurement; or (2) procedures other than competitive procedures— (A) the information described in paragraph (1); (B) the reason under [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) or [section 3204(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim) for using the procedures; and (C) the identity of the organization or activity that conducted the procurement. **(c) Separate Record Category for Procurements Resulting in One Bid or Proposal.—** Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”. **(d) Transmission and Data Entry of Information.—** The head of each executive agency shall— (1) ensure the accuracy of the information in

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Stable record: federal_law:legal_authorities:record_usc_346b399556ce93d344352688
Source file: Laws/federal/codes/united-states-code/title-41/section-1712-record-requirements--3c8cfab2e0.md
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Passage SHA-256: 483f5f8e4cf305b816b420b2780d81ff05fcb1cd462c87241c804f71f7810f86

Source location: Title 41, Chapter 17, § 1712; chapter-017-chapter-17.md

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**(a) Maintaining Records on Computer.—** Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year. **(b) Contents.—** The record established under subsection (a) shall include, with respect to each procurement carried out using— (1) competitive procedures— (A) the date of contract award; (B) information identifying the source to whom the contract was awarded; (C) the property or services the Federal Government obtains under the procurement; and (D) the total cost of the procurement; or (2) procedures other than competitive procedures— (A) the information described in paragraph (1); (B) the reason under [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) or [section 3204(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim) for using the procedures; and (C) the identity of the organization or activity that conducted the procurement. **(c) Separate Record Category for Procurements Resulting in One Bid or Proposal.—** Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”. **(d) Transmission and Data Entry of Information.—** The head of each executive agency shall— (1) ensure the accuracy of the information included in the record established and maintained by the agency under subsection (a); and (2) transmit in a timely manner such information to the General Services Administration for entry into the Federal Procurement Data System referred to in [section 1122(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1122/a/4&num=0&edition=prelim), or any successor system.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1122 — Functions

**(a) In General.—** The functions of the Administrator include— (1) providing leadership and ensuring action by the executive agencies in establishing, developing, and maintaining the single system of simplified Government-wide procurement regulations and resolving differences among the executive agencies in developing simplified Government-wide procurement regulations, procedures, and forms; (2) coordinating the development of Government-wide procurement system standards that executive agencies shall implement in their procurement systems; (3) providing leadership and coordination in formulating the executive branch position on legislation relating to procurement; (4) (A) providing for and directing the activities of the computer-based Federal Procurement Data System (including recommending to the Administrator of General Services a sufficient budget for those activities), which shall be located in the General Services Administration, in order to adequately collect, develop, and disseminate procurement data; and (B) ensuring executive agency compliance with the record requirements of [section 1712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1712&num=0&edition=prelim); (5) providing for and directing the activities of the Federal Acquisition Institute established under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1201&num=0&edition=prelim), including recommending to the Administrator of General Services a sufficient budget for such activities.11 So in original. The period probably should be a semicolon. (6) administering section 1703(a) to (i) of this title; (7) establishing criteria and procedures to ensure the effective and timely solicitation of th

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1712 — Record requirements

Page 54 TITLE 41—PUBLIC CONTRACTS § 1711 (i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure. (ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress. (C) REPORT AND CERTIFICATION REQUIRED BEFORE SOLICITATION OR AWARD OF CON- TRACT.—If the head of the executive agency determines that the report required by para- graph (1) was not submitted or that the re- quired certification was not included in the submitted report, the function for which the public-private competition was conducted for which the objection was submitted may not be the subject of a solicitation of offers for, or award of, a contract until, respec- tively, the report is submitted or a report containing the certification in full compli- ance with the certification requirement is submitted. (d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES OF THE BLIND AND OTHER SE- VERELY DISABLED PEOPLE.—This section shall not apply to a commercial or industrial type function of an executive agency that is— (1) included on the procurement list estab- lished pursuant to section 8503 of this title; or (2) planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other se- verely disabled people in accordance with chapter 85 of this title. (e) INAPPLICABILITY DURING WAR OR EMER- GENCY.—The provisions of this section shall not apply during war or during a period of national emergency declared by the President or Con- gress. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 St

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1712

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