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41 U.S.C. § 152 — Competitive procedures

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

41 U.S.C. § 152 — Competitive procedures

In division C, the term “competitive procedures” means procedures under which an executive agency enters into a contract pursuant to full and open competition. The term also includes— (1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40; (2) the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of those proposals; (3) the procedures established by the Administrator of General Services for the multiple awards schedule program of the General Services Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders and contracts under those procedures result in the lowest overall cost alternative to meet the needs of the Federal Government; (4) procurements conducted in furtherance of section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)) as long as all responsible business concerns that are entitled to submit offers for those procurements are permitted to compete; and (5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of that Act ([15 U.S.C. 638](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim)).

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Source location: Title 41, Chapter 1, § 152; chapter-001-chapter-1.md

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

15 U.S.C. § 644 — Awards or contracts

**(a) Small business procurements** (1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full productive capacity of the United States; (B) war or national defense programs; or (C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns. (2) **Industry category defined** (A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic requirements, except as provided in subparagraph (B); (iv) due to unique Federal buying patterns or requirements; or (v) to recognize a new industry. (B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless— (i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed; (ii) Governmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644

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

15 U.S.C. § 638 — Research and development

**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy. **(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered— (1) to assist small-business concerns to obtain Government contracts for research and development; (2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense; (3) to provide technical assistance to small-business concerns to accomplish the purposes of this section; (4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs; (5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 638

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

20 U.S.C. § 1018a — Procurement flexibility

**(a) Procurement authority** Subject to the authority of the Secretary, the Chief Operating Officer of a PBO may exercise the authority of the Secretary to procure property and services in the performance of functions managed by the PBO. For the purposes of this section, the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence. **(b) In general** Except as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services. The PBO shall— (1) enter into contracts to carry out the functions set forth in [section 1018(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1018/b/2&num=0&edition=prelim); (2) obtain the services of experts and consultants without regard to [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) and set pay in accordance with such section; and (3) through the Chief Operating Officer— (A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and (B) assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements. **(c) Service contracts** (1) **Performance-based servicing contracts** — The Chief Operating Officer shall, to the extent practicable, maximize the use of performance-based servicing contracts, consistent with guidelines for such contracts published by the Office of Federal Procurement Policy, to achieve cost savings and improve service. (2) **Fee for service arrangements** — The Chief Operating Officer shall, when appropr

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1018a

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

15 U.S.C. § 638 — Research and development

Page 922 TITLE 15—COMMERCE AND TRADE § 637d (3) the term ‘‘Government procurement con- tract’’ means any contract for the procure- ment of any goods or services by any Federal agency. (Pub. L. 95–507, title II, § 224(a), Oct. 24, 1978, 92 Stat. 1772; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 95–507, Oct. 24, 1978, 92 Stat. 1757. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of the Small Busi- ness Act which comprises this chapter. AMENDMENTS 2004—Par. (2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. § 637d. Subcontracting plan reports (1) Reporting requirements Not later than 1 year after January 2, 2013, the Administrator of the Small Business Adminis- tration shall take such actions as are necessary to ensure that the electronic subcontracting re- porting system established by the Administra- tion to carry out the requirement of section 637(d)(6)(E) of this title is modified to ensure that it can identify entities that fail to submit required reports. (2) Annual report Not later than March 31 of each year, the Ad- ministrator of the Small Business Administra- tion shall provide the Committee on Small Busi- ness of the House of Representatives and the Committee on Small Business and Entrepre- neurship of the Senate a report, based on data available through existing systems, that sets forth, by agency (and to the extent practicable, by type of goal or plan), the following informa- tion: (A) the percentage of entities required to submit reports pursuant to section 637(d)(6) of this title that filed such reports and that failed t

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 638

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

15 U.S.C. § 644 — Awards or contracts

Page 973 TITLE 15—COMMERCE AND TRADE § 644 Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title. § 643. Fair charge for use of Government-owned property To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will re- sult in a recovery of the direct costs incurred by the Administration. (Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title. § 644. Awards or contracts (a) Small business procurements (1) In general For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determina- tion of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full pro- ductive capacity of the United States; (B) war or national defense programs; or (C) assuring that a

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 644

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 644. This identifies an authority to review, not proof of applicability.

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

41 U.S.C. § 152 — Competitive procedures

Page 11 TITLE 41—PUBLIC CONTRACTS § 153 § 152. Competitive procedures In division C, the term ‘‘competitive proce- dures’’ means procedures under which an execu- tive agency enters into a contract pursuant to full and open competition. The term also in- cludes— (1) procurement of architectural or engineer- ing services conducted in accordance with chapter 11 of title 40; (2) the competitive selection of basic re- search proposals resulting from a general so- licitation and the peer review or scientific re- view (as appropriate) of those proposals; (3) the procedures established by the Admin- istrator of General Services for the multiple awards schedule program of the General Serv- ices Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders and contracts under those proce- dures result in the lowest overall cost alter- native to meet the needs of the Federal Gov- ernment; (4) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business con- cerns that are entitled to submit offers for those procurements are permitted to compete; and (5) a competitive selection of research pro- posals resulting from a general solicitation and peer review or scientific review (as appro- priate) solicited pursuant to section 9 of that Act (15 U.S.C. 638). (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3683.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 152 ............. 41:259(b). June 30, 1949, ch. 288, § 309(b), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, § 504(a)(3), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 105–85, title X, § 1073(g)(1), N

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 152

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