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41 U.S.C. § 1707 — Publication of proposed regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Covered Policies, Regulations, Procedures, and Forms.—**
(1) **Required comment period.—** — Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it—
(A) relates to the expenditure of appropriated funds; and
(B)
(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or
(ii) has a significant cost or administrative impact on contractors or offerors.
(2) **Exception.—** — A policy, regulation, procedure, or form may take effect earlier than 60 days after the publication date when there are compelling circumstances for the earlier effective date, but the effective date may not be less than 30 days after the publication date.
**(b) Publication in Federal Register and Comment Period.—** Subject to subsection (c), the head of the agency shall have published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on the proposal. The length of the comment period may not be less than 30 days.
**(c) Contents of Notice.—** Notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include—
(1) the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the name, address, and telephone number of the officer or employee of the executive agency from whom the full te
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Source file: Laws/federal/codes/united-states-code/title-41/section-1707-publication-of-proposed-regulations--31dffb1509.md
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Source location: Title 41, Chapter 17, § 1707; chapter-017-chapter-17.md
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**(a) Covered Policies, Regulations, Procedures, and Forms.—**
(1) **Required comment period.—** — Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it—
(A) relates to the expenditure of appropriated funds; and
(B)
(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or
(ii) has a significant cost or administrative impact on contractors or offerors.
(2) **Exception.—** — A policy, regulation, procedure, or form may take effect earlier than 60 days after the publication date when there are compelling circumstances for the earlier effective date, but the effective date may not be less than 30 days after the publication date.
**(b) Publication in Federal Register and Comment Period.—** Subject to subsection (c), the head of the agency shall have published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on the proposal. The length of the comment period may not be less than 30 days.
**(c) Contents of Notice.—** Notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include—
(1) the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the name, address, and telephone number of the officer or employee of the executive agency from whom the full text may be obtained; and
(2) a request for interested parties to submit comments on the proposal and the name and address of the officer or employee of the Federal Government designated to receive the comments.
**(d) Waiver.—** The requirements of subsections (a) and (b) may be waived by the officer authorized to issue a procurement policy, regulation, procedure, or form if urgent and compelling circumstances make compliance with the requirements impracticable.
**(e) Effectiveness of Policy, Regulation, Procedure, or Form.—**
(1) **Temporary basis.—** — A procurement policy, regulation, procedure, or form for which the requirements of subsections (a) and (b) are waived under subsection (d) is effective on a temporary basis if—
(A) a notice of the policy, regulation, procedure, or form is published in the Federal Register and includes a statement that the policy, regulation, procedure, or form is temporary; and
(B) provision is made for a public comment period of 30 days beginning on the date on which the notice is published.
(2) **Final policy, regulation, procedure, or form.—** — After considering the comments received, the head of the agency waiving the requirements of subsections (a) and (b) under subsection (d) may issue the final procurement policy, regulation, procedure, or form.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Specific Costs.—** The following costs are not allowable under a covered contract:
(1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress, a State legislature, or a legislative body of a political subdivision of a State.
(3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of a false certification).
(4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable provisions of the Federal Acquisition Regulation.
(5) Costs of membership in any social, dining, or country club or organization.
(6) Costs of alcoholic beverages.
(7) Contributions or donations, regardless of the recipient.
(8) Costs of advertising designed to promote the contractor or its products.
(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(10) Costs for travel by commercial aircraft which exceed the amount of the standard commercial fare.
(11) Costs incurred in making any payment (commonly known as a “golden parac
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3744
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following costs are not allowable under a covered contract:
(1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature.
(3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification).
(4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy.
(5) Costs of membership in any social, dining, or country club or organization.
(6) Costs of alcoholic beverages.
(7) Contributions or donations, regardless of the recipient.
(8) Costs of advertising designed to promote the contractor or its products.
(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(10) Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare.
**(b) Regulations; Costs of Inform
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation.
**(b) Assistance to compete in international markets**
(1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—
(A) enhancing their abil
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director of the Office of Management and Budget shall prescribe regulations to carry out [section 3902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3902&num=0&edition=prelim). The regulations shall—
(1) provide that the required payment date is—
(A) the date payment is due under the contract for the item of property or service provided; or
(B) except as provided in paragraphs (10) and (11), 30 days after a proper invoice for the amount due is received if a specific payment date is not established by contract;
(2) for the acquisition of meat or a meat food product (as defined in section 2(a)(3) of the Packers and Stockyards Act, 1921 ([7 U.S.C. 182(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section182/3&num=0&edition=prelim))), including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, or of fresh or frozen fish (as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 ([16 U.S.C. 4003(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4003/3&num=0&edition=prelim)), provide a required payment date of not later than 7 days after the meat, meat food product, or fish is delivered; and
(3) for the acquisition of a perishable agricultural commodity (as defined in section 1(4) 11 See References in Text note below. of the Perishable Agricultural Commodities Act, 1930 ([7 U.S.C. 499a(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499a/4&num=0&edition=prelim))), provide a required payment date consistent with that Act;
(4) for the acquisition of dairy products (as defined in section 111(e) of the Dairy Production Stabilization Act
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual.
(2) The Secretary may enter into a contract or other agreement under paragraph (1) if such resources are not, or would not be, used to their maximum effective capacity.
(3)
(A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with [section 7302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7302&num=0&edition=prelim), including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource.
(B)
(i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8153
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption from Administrative Procedure Act** Any regulation issued under this chapter shall not be subject to sections 551 through 559 of title 5.
**(b) Opportunity for notice and comment**
(1) **In general** — Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and opportunity for public comment shall be provided for not less than 30 days, consistent with the requirements of [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim).
(2) **Waiver for temporary provisions** — The requirements of paragraph (1) may be waived, if—
(A) the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;
(B) the regulation is issued on a temporary basis; and
(C) the publication of such temporary regulation is accompanied by the finding made under subparagraph (A) (and a brief statement of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regulation becomes final.
(3) **Consideration of public comments** — All comments received during the public comment period specified pursuant to paragraph (1) or (2) shall be considered and the publication of the final regulation shall contain written responses to such comments.
**(c) Public comment on procurement regulations** Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to [section 1707 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1707&num=0&edition
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4561
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Federal law — U.S. Code and appendices · legal_authorities
Page 49
TITLE 41—PUBLIC CONTRACTS
§ 1708
ployees of that agency whose primary duties and
responsibilities pertain to the award of con-
tracts subject to the provisions of the Small
Business and Federal Procurement Competition
Enhancement Act of 1984 (Public Law 98–577, 98
Stat. 3066), that the performance appraisal sys-
tem applicable to those employees affords ap-
propriate recognition to, among other factors,
efforts to—
(1) increase competition and achieve cost
savings through the elimination of procedures
that unnecessarily inhibit full and open com-
petition;
(2) further the purposes of the Small Busi-
ness and Federal Procurement Competition
Enhancement Act of 1984 (Public Law 98–577, 98
Stat. 3066) and the Defense Procurement Re-
form Act of 1984 (Public Law 98–525, title XII,
98 Stat. 2588); and
(3) further other objectives and purposes of
the Federal acquisition system authorized by
law.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3710.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1706 ............
41:414a.
Pub. L. 98–577, title V, § 502,
Oct. 30, 1984, 98 Stat. 3085.
Editorial Notes
REFERENCES IN TEXT
The Small Business and Federal Procurement Com-
petition Enhancement Act of 1984, referred to in text,
is Pub. L. 98–577, Oct. 30, 1984, 98 Stat. 3066. For com-
plete classification of this Act to the Code, see Short
Title of 1984 Act note set out under section 101 of this
title and Tables.
The Defense Procurement Reform Act of 1984, re-
ferred to in par. (2), is Pub. L. 98–525, title XII, Oct. 19,
1984, 98 Stat. 2588. For complete classification of this
Act to the Code, see Short Title of 1984 Amendment
note set out under section 2302 of Title 10, Armed
Forces, and Tables.
§ 1707
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1707
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