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41 U.S.C. § 3311 — Qualification requirement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “qualification requirement” means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract.
**(b) Actions Before Enforcing Qualification Requirement.—** Except as provided in subsection (c), the head of an agency, before enforcing any qualification requirement, shall—
(1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award;
(2) specify in writing and make available to a potential offeror on request all requirements that a prospective offeror, or its product, must satisfy to become qualified, with those requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement;
(3) specify an estimate of the cost of testing and evaluation likely to be incurred by a potential offeror to become qualified;
(4) ensure that a potential offeror is provided, on request, a prompt opportunity to demonstrate at its own expense (except as provided in subsection (d)) its ability to meet the standards specified for qualification using—
(A) qualified personnel and facilities—
(i) of the agency concerned;
(ii) of another agency obtained through interagency agreement; or
(iii) under contract; or
(B) other methods approved by the agency (including use of approved testing and evaluation services not provided under contract to the agency);
(5) if testing and evaluation services are provided under contract to the agency for the purposes of paragraph (4), provide to the extent possible that those services be provided by a contractor that—
(A) i
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Source location: Title 41, Chapter 33, § 3311; chapter-033-chapter-33.md
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**(a) Definition.—** In this section, the term “qualification requirement” means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract.
**(b) Actions Before Enforcing Qualification Requirement.—** Except as provided in subsection (c), the head of an agency, before enforcing any qualification requirement, shall—
(1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award;
(2) specify in writing and make available to a potential offeror on request all requirements that a prospective offeror, or its product, must satisfy to become qualified, with those requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement;
(3) specify an estimate of the cost of testing and evaluation likely to be incurred by a potential offeror to become qualified;
(4) ensure that a potential offeror is provided, on request, a prompt opportunity to demonstrate at its own expense (except as provided in subsection (d)) its ability to meet the standards specified for qualification using—
(A) qualified personnel and facilities—
(i) of the agency concerned;
(ii) of another agency obtained through interagency agreement; or
(iii) under contract; or
(B) other methods approved by the agency (including use of approved testing and evaluation services not provided under contract to the agency);
(5) if testing and evaluation services are provided under contract to the agency for the purposes of paragraph (4), provide to the extent possible that those services be provided by a contractor that—
(A) is not expected to benefit from an absence of additional qualified sources; and
(B) is required in the contract to adhere to any restriction on technical data asserted by the potential offeror seeking qualification; and
(6) ensure that a potential offeror seeking qualification is promptly informed whether qualification is attained and, if not attained, is promptly furnished specific information about why qualification was not attained.
**(c) Applicability, Waiver Authority, and Referral of Offers.—**
(1) **Applicability.—** — Subsection (b) does not apply to a qualification requirement established by statute prior to October 30, 1984.
(2) **Waiver authority.—**
(A) *Submission of determination of unreasonableness.—* — Except as provided in subparagraph (C), if it is unreasonable to specify the standards for qualification that a prospective offeror or its product must satisfy, a determination to that effect shall be submitted to the advocate for competition of the procuring activity responsible for the purchase of the item subject to the qualification requirement.
(B) *Authority to grant waiver.—* — After considering any comments of the advocate for competition reviewing the determination, the head of the procuring activity may waive the requirements of paragraphs (2) to (5) of subsection (b) for up to 2 years with respect to the item subject to the qualification requirement.
(C) *Nonapplicability to qualified products list.—* — Waiver authority under this paragraph does not apply with respect to a qualified products list.
(3) **Submission and consideration of offer not to be denied.—** — A potential offeror may not be denied the opportunity to submit and have considered an offer for a contract solely because the potential offeror has not been identified as meeting a qualification requirement if the potential offeror can demonstrate to the satisfaction of the contracting officer that the potential offeror or its product meets the standards established for qualification or can meet those standards before the date specified for award of the contract.
(4) **Referral to small business administration not required.—** — This subsection does not require the referral of an offer to the Small Business Administration pursuant to section 8(b)(7) of the Small Business Act ([15 U.S.C. 637(b)(7)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/b/7&num=0&edition=prelim)) if the basis for the referral is a challenge by the offeror to either the validity of the qualification requirement or the offeror’s compliance with that requirement.
(5) **Delay of procurement not required.—** — The head of an agency need not delay a proposed procurement to comply with subsection (b) or to provide a potential offeror with an opportunity to demonstrate its ability to meet the standards specified for qualification.
**(d) Fewer Than 2 Actual Manufacturers.—**
(1) **Solicitation and testing of additional sources or products.—** — If the number of qualified sources or qualified products available to compete actively for an anticipated future requirement is fewer than 2 actual manufacturers or the products of 2 actual manufacturers, respectively, the head of the agency concerned shall—
(A) publish notice periodically soliciting additional sources or products to seek qualification, unless the contracting officer determines that doing so would compromise national security; and
(B) subject to paragraph (2), bear the cost of conducting the specified testing and evaluation (excluding the cost associated with producing the item or establishing the production, quality control, or other system to be tested and evaluated) for a small business concern or a product manufactured by a small business concern that has met the standards specified for qualification and that could reasonably be expected to compete for a contract for that requirement.
(2) **When agency may bear cost.—** — The head of the agency concerned may bear the cost under paragraph (1)(B) only if the head of the agency determines that the additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to offset (within a reasonable period of time considering the duration and dollar value of anticipated future requirements) the cost incurred by the agency.
(3) **Certification required.—** — The head of the agency shall require a prospective contractor requesting the Federal Government to bear testing and evaluation costs under paragraph (1)(B) to certify its status as a small business concern under section 3 of the Small Business Act ([15 U.S.C. 632](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim)).
**(e) Examination and Revalidation of Qualification Requirement.—** Within 7 years after the establishment of a qualification requirement, the need for the requirement shall be examined and the standards of the requirement revalidated in accordance with the requirements of subsection (b). This subsection does not apply in the case of a qualification requirement for which a waiver is in effect under subsection (c)(2).
**(f) When Enforcement of Qualification Requirement Not Allowed.—** Except in an emergency as determined by the head of the agency, after the head of the agency determines not to enforce a qualification requirement for a solicitation, the agency may not enforce the requirement unless the agency complies with the requirements of subsection (b).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business concerns**
(1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
(2) **Establishment of size standards**
(A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
(B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
(i) is proposed after an opportunity for public notice and comment;
(ii) provides for determining—
(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;
(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the Secretary of Energy may—
(1) carry out a covered procurement action or special exclusion action; and
(2) notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action or special exclusion action.
**(b) Requirements.—** The Secretary may exercise the authority under subsection (a) only after—
(1) obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system;
(2) making a determination in writing, in unclassified or classified form, that—
(A) the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk;
(B) less restrictive measures are not reasonably available to reduce the supply chain risk; and
(C) in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and
(3) submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes—
(A) the information required by [section 3304(e)(2)(A) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e/2/A&num=0&edition=prelim);
(B) a summary of the risk assessment required under paragraph (1); and
(C) a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6327
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the head of an executive agency may carry out a covered procurement action.
**(b) Determination and Notification.—** Except as authorized by subsection (c) to address an urgent national security interest, the head of an executive agency may exercise the authority provided in subsection (a) only after—
(1) obtaining a joint recommendation, in unclassified or classified form, from the chief acquisition officer and the chief information officer of the agency, or officials performing similar functions in the case of executive agencies that do not have such officials, which includes a review of any risk assessment made available by the executive agency identified under [section 1323(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a/3&num=0&edition=prelim), that there is a significant supply chain risk in a covered procurement;
(2) providing notice of the joint recommendation described in paragraph (1) to any source named in the joint recommendation advising—
(A) that a recommendation is being considered or has been obtained;
(B) to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the recommendation;
(C) that, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation; and
(D) of the procedures governing the consideration of the submission and the possible exercise of the authority provided in subsection (a);
(3) making a determination in writing, in unclassified or classified form, after considering any information submitted by a source under paragraph (2) and in consultation with the chief information security officer of t
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered agency** — The term “covered agency” means any element of the intelligence community other than an element within the Department of Defense.
(2) **Covered item of supply** — The term “covered item of supply” means an item of information technology (as that term is defined in [section 11101 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim)) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
(3) **Covered procurement** — The term “covered procurement” means—
(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in [section 3306(a)(3)(B) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3306/a/3/B&num=0&edition=prelim), or an evaluation factor, as provided in section 3306(b)(1) of such title, relating to supply chain risk;
(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in [section 4106(d)(3) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106/d/3&num=0&edition=prelim), where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
(4) **Covered procurement action** — The term “covered procurement action” means any of the following actions, if
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Federal law — U.S. Code and appendices · legal_authorities
Page 769
TITLE 15—COMMERCE AND TRADE
§ 632
Editorial Notes
REFERENCES IN TEXT
This subtitle, referred to in subsec. (a), is subtitle D
(§§ 141–147) of title I of div. K of Pub. L. 108–447, Dec. 8,
2004, 118 Stat. 3453, which enacted this section, amended
sections 637, 648, 657b, and 657c of this title, enacted
provisions set out as note under section 637 of this title,
and amended provisions set out as a note under section
657b of this title. For complete classification of subtitle
D to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Small Business
Reauthorization and Manufacturing Assistance Act of
2004, and also as part of the Consolidated Appropria-
tions Act, 2005, and not as part of the Small Business
Act which comprises this chapter.
§ 632. Definitions
(a) Small business concerns
(1) In general
For the purposes of this chapter, a small-
business concern, including but not limited to
enterprises that are engaged in the business of
production of food and fiber, ranching and
raising of livestock, aquaculture, and all other
farming and agricultural related industries,
shall be deemed to be one which is independ-
ently owned and operated and which is not
dominant in its field of operation.
(2) Establishment of size standards
(A) In general
In addition to the criteria specified in
paragraph (1) and subject to the require-
ments specified under subparagraph (C), the
Administrator may specify detailed defini-
tions or standards by which a business con-
cern may be determined to be a small busi-
ness concern for the purposes of this chapter
or any other Act.
(B) Additional criteria
The standards described in paragraph (1)
may utilize number of employees, dollar vol-
ume of business, net worth, net income, a
combinatio
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 632
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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
Page 890
TITLE 15—COMMERCE AND TRADE
§ 637
mortgage obligations, payments on covered lease ob-
ligations, or covered utility payments, as the case
may be.’’
Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended
subsec. (i) generally. Prior to amendment, text read as
follows: ‘‘For purposes of title 26, any amount which
(but for this subsection) would be includible in gross in-
come of the eligible recipient by reason of forgiveness
described in subsection (b) shall be excluded from gross
income.’’
Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added
subsec. (l).
Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l).
Text read as follows: ‘‘An eligible recipient that re-
ceived a covered loan before June 5, 2020, may elect for
the covered period applicable to such covered loan to
end on the date that is 8 weeks after the date of the
origination of such covered loan.’’
Pub. L. 116–142, § 3(b)(3), added subsec. (l).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–2 applicable only with re-
spect to applications for forgiveness of covered loans
made under pars. (36) or (37) of section 636(a) of this
title received on or after Mar. 11, 2021, see section
5001(c)(3) of Pub. L. 117–2, set out as a note under sec-
tion 636 of this title.
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020,
134 Stat. 1979, provided that: ‘‘The amendment made by
this subsection [amending this section] shall apply to
taxable years ending after the date of the enactment of
the CARES Act [Mar. 27, 2020].’’
Amendment by section 304(b)(1)(A), (B), (2) of div. N
of Pub. L. 116–260 effective as if included in Pub. L.
116–136 and applicable to any loan made pursuant to
secti
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 637
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Federal law — U.S. Code and appendices · legal_authorities
Page 101
TITLE 41—PUBLIC CONTRACTS
§ 3311
Statutory Notes and Related Subsidiaries
PROHIBITION ON USE OF A REVERSE AUCTION FOR THE
AWARD
OF
A CONTRACT
FOR COMPLEX, SPECIALIZED,
OR SUBSTANTIAL DESIGN AND CONSTRUCTION SERVICES
Pub. L. 116–260, div. U, title IV, § 402, Dec. 27, 2020, 134
Stat. 2292, as amended by Pub. L. 117–28, § 2, July 26,
2021, 135 Stat. 304, provided that:
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) In contrast to a traditional auction in which
the buyers bid up the price, sellers bid down the price
in a reverse auction.
‘‘(2) Reverse auctions, while providing value for the
vast majority of Federal acquisitions, including cer-
tain construction-related acquisitions, are limited in
value for complex, specialized, or substantial design
and construction services.
‘‘(b) REVERSE AUCTION DEFINED.—In this section, the
term ‘reverse auction’ means, with respect to any pro-
curement by an executive agency, a real-time auction
generally conducted through an electronic medium
among two or more offerors who compete by submit-
ting bids for a supply or service contract, or a delivery
order, task order, or purchase order under the contract,
with the ability to submit revised lower bids at any
time before the closing of the auction.
‘‘(c) PROHIBITION.—
‘‘(1) IN GENERAL.—Not later than 270 days after the
date of the enactment of this section [July 26, 2021],
the Federal Acquisition Regulation shall be amended
to prohibit the use of reverse auctions for awarding
contracts for complex, specialized, or substantial de-
sign and construction services.
‘‘(2) APPLICABILITY TO ACQUISITIONS ABOVE THE SIM-
PLIFIED ACQUISITION THRESHOLD.—The prohibition on
reverse auctions for complex, specialized, or substan-
tial design and const
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 3311
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