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41 U.S.C. § 1901 — Simplified acquisition procedures

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

41 U.S.C. § 1901 — Simplified acquisition procedures

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Stable record: federal_law:legal_authorities:record_usc_817371b5805feae3cb5e10e6
Source file: Laws/federal/codes/united-states-code/title-41/section-1901-simplified-acquisition-procedures--323387c77b.md
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Source location: Title 41, Chapter 19, § 1901; chapter-019-chapter-19.md

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**(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, as provided in [section 1708(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708/c/4&num=0&edition=prelim), permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) that the agency shall consider; (2) may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with [section 3204(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/e&num=0&edition=prelim) or [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim), as applicable; and (3) shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received.

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

41 U.S.C. § 3301 — Full and open competition

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3301

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

41 U.S.C. § 134 — Simplified acquisition threshold

In division B, the term “simplified acquisition threshold” means $250,000.

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

15 U.S.C. § 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 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632

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

31 U.S.C. § 1341 — Limitations on expending and obligating amounts

**(a)** (1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; (C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. **(b)** An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation. **(c)** (1) In this subsection— (A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018; (B) the term “District of Columbia public employer” means— (i) the District of Columbia Courts; (ii) the Public Defender Service for the District of Columbia; or (iii) the District of Columbia government; (C) the term “employee” includes an officer; and (D) the term “excepted employee” means an excepted employee or an employee performing

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1341

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

41 U.S.C. § 104 — Commercially available off-the-shelf item

In this subtitle, the term “commercially available off-the-shelf item”— (1) means an item that— (A) is a commercial product (as described in [section 103(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103/1&num=0&edition=prelim)); (B) is sold in substantial quantities in the commercial marketplace; and (C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but (2) does not include bulk cargo, as defined in [section 40102(4) of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102/4&num=0&edition=prelim), such as agricultural products and petroleum products.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 104

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

6 U.S.C. § 453b — Litigation management

**(a) Federal cause of action** (1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers. (2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. **(b) Special rules** In an action brought under this section for damages the following provisions apply: (1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. (2) **Noneconomic damages** (A) *In general* — Noneconomic damages may be awarde

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b

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

41 U.S.C. § 1708 — Procurement notice

**(a) Notice Requirement.—** Except as provided in subsection (b)— (1) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000, shall post, for not less than 10 days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (c); (2) an executive agency shall publish a notice of solicitation described in subsection (c) if the agency intends to— (A) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or (B) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement; and (3) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order exceeding $25,000 under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication a notice announcing the award or order if there is likely to be a subcontract under the contract or order. **(b) Exemptions.—** (1) **In general.—** — A notice is not required under subsection (a) if— (A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by— (i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and (ii) permitting the public to respond to the solicitation electronically; (B) the notice would disclose the executive agency’s needs and disclosure would compromise national security; (C) the proposed procurement would result from acceptance of— (i) an unsoli

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1708

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

10 U.S.C. § 3572 — Implementation of simplified acquisition procedures

The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to [section 1901 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim) shall apply as provided in such section to the agencies named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3572

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

10 U.S.C. § 3601 — Procedures for urgent acquisition and deployment of capabilities needed in response to urgent operational needs or vital national security interest

**(a) Procedures.—** (1) **In general.—** — The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capabilities needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those— (A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section— (i) can be fielded within a period of two to 24 months; (ii) do not require substantial development effort; (iii) are based on technologies that are proven and available; and (iv) can appropriately be acquired under fixed-price contracts; (B) that can be developed or procured under a rapid acquisition pathway; or (C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2651a/m&num=0&edition=prelim))), to which the United States is not a party, for purposes of— (i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against— (I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled “To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes” (56 Stat. 1028, chapter 668; [42 U.S.C. 1711(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1711/d&num=0&edition=prelim))); or (II) a United States partner; or (ii) co

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3601

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

41 U.S.C. § 3101 — Applicability

**(a) In General.—** An executive agency shall make purchases and contracts for property and services in accordance with this division and implementing regulations of the Administrator of General Services. **(b) Simplified Acquisition Threshold and Procedures.—** (1) **Simplified acquisition threshold.—** (A) *Definition.—* — For purposes of an acquisition by an executive agency, the simplified acquisition threshold is as specified in [section 134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim). (B) *Inapplicable laws.—* — A law properly listed in the Federal Acquisition Regulation pursuant to [section 1905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1905&num=0&edition=prelim) does not apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold. (2) **Simplified acquisition procedures.—** — Simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to [section 1901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim) apply in executive agencies as provided in section 1901. **(c) Exceptions.—** (1) **In general.—** — This division does not apply— (A) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or (B) except as provided in paragraph (2), when this division is made inapplicable pursuant to law. (2) **Applicability of certain laws related to advertising, opening of bids, and length of contract.—** — Sections 6101, 6103, and 6304 of this title do not apply to the procurement of property or services made by an executive agency pursuant t

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3101

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