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10 U.S.C. § 3321 — Contracts awarded using procedures other than sealed-bid procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Types.—** Subject to the limitation in [section 3322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3322/a&num=0&edition=prelim), the other provisions of this chapter, and other applicable provisions of law, the head of an agency, in awarding contracts under chapter 137 legacy provisions after using procedures other than sealed-bid procedures, may enter into any kind of contract that he considers will promote the best interests of the United States.
**(b) Required Warranty.—**
(1) **Content.—** — Each contract awarded under chapter 137 legacy provisions after using procedures other than sealed-bid procedures shall contain a warranty, determined to be suitable by the head of the agency, that the contractor has employed or retained no person or selling agency to solicit or obtain the contract under an understanding or agreement for a commission, percentage, brokerage, or contingent fee, except a bona fide employee or established commercial or selling agency maintained by the contractor to obtain business.
(2) **Remedy for Breaking Warranty.—** — If a contractor breaks such a warranty the United States—
(A) may annul the contract without liability; or
(B) may deduct the commission, percentage, brokerage, or contingent fee from the contract price or consideration.
(3) **Inapplicability to Certain Contracts.—** — This subsection does not apply—
(A) to a contract that is for an amount not greater than the simplified acquisition threshold; or
(B) to a contract for the acquisition of commercial products or commercial services.
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Stable record: federal_law:legal_authorities:record_usc_68aae1732ce9c38f73100424
Source file: Laws/federal/codes/united-states-code/title-10/section-3321-contracts-awarded-using-procedures-other-than-sealed-bid-procedures--317ed4674a.md
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Source location: Title 10, Chapter 242, § 3321; chapter-242-specific-types-of-contracts.md
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**(a) Authorized Types.—** Subject to the limitation in [section 3322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3322/a&num=0&edition=prelim), the other provisions of this chapter, and other applicable provisions of law, the head of an agency, in awarding contracts under chapter 137 legacy provisions after using procedures other than sealed-bid procedures, may enter into any kind of contract that he considers will promote the best interests of the United States.
**(b) Required Warranty.—**
(1) **Content.—** — Each contract awarded under chapter 137 legacy provisions after using procedures other than sealed-bid procedures shall contain a warranty, determined to be suitable by the head of the agency, that the contractor has employed or retained no person or selling agency to solicit or obtain the contract under an understanding or agreement for a commission, percentage, brokerage, or contingent fee, except a bona fide employee or established commercial or selling agency maintained by the contractor to obtain business.
(2) **Remedy for Breaking Warranty.—** — If a contractor breaks such a warranty the United States—
(A) may annul the contract without liability; or
(B) may deduct the commission, percentage, brokerage, or contingent fee from the contract price or consideration.
(3) **Inapplicability to Certain Contracts.—** — This subsection does not apply—
(A) to a contract that is for an amount not greater than the simplified acquisition threshold; or
(B) to a contract for the acquisition of commercial products or commercial services.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost-plus-a-percentage-of-cost System of Contracting Prohibited.—** The cost-plus-a-percentage-of-cost system of contracting may not be used.
**(b) Cost-plus-a-fixed-fee Contracts.—** The fee for performing a cost-plus-a-fixed-fee contract for experimental, developmental, or research work may not be more than 15 percent of the estimated cost of the contract, not including the fee. The fee for performing a cost-plus-a-fixed-fee contract for architectural or engineering services for a public work or utility plus the cost of those services to the contractor may not be more than 6 percent of the estimated cost of that work or project, not including fees. The fee for performing any other cost-plus-a-fixed-fee contract may not be more than 10 percent of the estimated cost of the contract, not including the fee. Determinations under this subsection of the estimated costs of a contract or project shall be made by the head of the agency at the time the contract is made.
**(c) Advance Notice of Certain Subcontracts.—**
(1) **In general.—** — Except as provided in paragraph (2), each cost contract and each cost-plus-a-fixed-fee contract shall provide for notice to the agency by the contractor before the making, under the prime contract, of—
(A) a cost-plus-a-fixed-fee subcontract; or
(B) a fixed-price subcontract or purchase order involving more than the greater of (i) the simplified acquisition threshold, or (ii) 5 percent of the estimated cost of the prime contract.
(2) **Exception.—** — Paragraph (1) shall not apply to a prime contract with a contractor that maintains a purchasing system approved by the contracting officer for the contract.
**(d) Limitation on Certain Options.—**
(1) **In general.—** — Except as provided by paragraph (2), a covered contract sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3322
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Federal law — U.S. Code and appendices · legal_authorities
Page 2468
TITLE 10—ARMED FORCES
§ 3321
div. A, title XVIII, § 1817(a), Jan. 1, 2021, 134 Stat. 4186,
which added this analysis, by substituting ‘‘[Reserved]’’
for ‘‘Preference for fixed-price contracts’’ in item 3324.
§ 3321. Contracts awarded using procedures
other than sealed-bid procedures
(a) AUTHORIZED TYPES.—Subject to the limita-
tion in section 3322(a) of this title, the other
provisions of this chapter, and other applicable
provisions of law, the head of an agency, in
awarding contracts under chapter 137 legacy
provisions after using procedures other than
sealed-bid procedures, may enter into any kind
of contract that he considers will promote the
best interests of the United States.
(b) REQUIRED WARRANTY.—
(1) CONTENT.—Each contract awarded under
chapter 137 legacy provisions after using pro-
cedures other than sealed-bid procedures shall
contain a warranty, determined to be suitable
by the head of the agency, that the contractor
has employed or retained no person or selling
agency to solicit or obtain the contract under
an understanding or agreement for a commis-
sion, percentage, brokerage, or contingent fee,
except a bona fide employee or established
commercial or selling agency maintained by
the contractor to obtain business.
(2) REMEDY FOR BREAKING WARRANTY.—If a
contractor breaks such a warranty the United
States—
(A) may annul the contract without liabil-
ity; or
(B) may deduct the commission, percent-
age, brokerage, or contingent fee from the
contract price or consideration.
(3) INAPPLICABILITY TO CERTAIN CONTRACTS.—
This subsection does not apply—
(A) to a contract that is for an amount not
greater
than
the
simplified
acquisition
threshold; or
(B) to a contract for the acquisition of
commercial products or commercia
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3321
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.