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22 U.S.C. § 2679d — Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances
Federal law — U.S. Code and appendices · legal_authorities
A determination by the Department to use procedures other than competitive procedures under [section 3304 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim) in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or [section 1491 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1491&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2679d
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Stable record: federal_law:legal_authorities:record_usc_c0c16fb35854625cdbb1bd7e
Source file: Laws/federal/codes/united-states-code/title-22/section-2679d-exemption-from-certain-procurement-protest-procedures-for-noncompetitive--bb22466ce8.md
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Source location: Title 22, Chapter 38, § 2679d; chapter-038-department-of-state.md
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A determination by the Department to use procedures other than competitive procedures under [section 3304 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim) in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or [section 1491 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1491&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
(2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under [section 7104(b)(1) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7104/b/1&num=0&edition=prelim), including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1491
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2651
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Noncompetitive Procedures May Be Used.—** An executive agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;
(2) the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;
(3) it is necessary to award the contract to a particular source—
(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;
(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;
(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or
(D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
(4) the terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursi
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3304
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Federal law — U.S. Code and appendices · legal_authorities
Page 1117
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2679e
cern which is controlled in fact by such do-
mestic concern, as determined under regula-
tions of the President.
‘‘(b) CERTIFICATION.—By submitting this offer,
the Offeror certifies that it is not—
‘‘(1) taking or knowingly agreeing to take
any action, with respect to the boycott of
Israel by Arab League countries, which section
8(a) of the Export Administration Act of 1979
(50 U.S.C. App. 2407(a)) prohibits a United
States person from taking; or
‘‘(2) discriminating in the award of sub-
contracts on the basis of religion.’’
(2) An Offeror would not be required to include
the certification required by paragraph (1), if
the Offeror is deemed not to comply with the
Arab League boycott of Israel by the Secretary
of State or a designee on the basis of available
information. Certification by the Secretary of
State or a designee may occur only 30 days after
notice has been given to the Congress that this
certification procedure will be utilized at a spe-
cific overseas mission.
(3) The Secretary of State shall ensure that all
State Department contract solicitations include
a detailed explanation of the requirements of
section 4607(a) 2 of title 50.
(d) Review and termination
(1) The Department of State shall conduct re-
views of the certifications submitted pursuant
to this section for the purpose of assessing the
accuracy of the certifications.
(2) Upon complaint of any foreign or United
States person of a violation of the certification
as required by this section, filed with the Sec-
retary of State, the Department of State shall
investigate such complaint, and if such com-
plaint is found to be correct and a violation of
the certification has been found, all contracts
with such viola
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2679d
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