Browse Arkansas Code titles and sections
41 U.S.C. § 3304 — Use of noncompetitive procedures
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 48d5fc304ff0aeb288e2afa8446ff8fe7bfa71041145ac599c29ecfcc452c63a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f56511e147394b0c95495f32
Source file: Laws/federal/codes/united-states-code/title-41/section-3304-use-of-noncompetitive-procedures--ebfb6c4e6f.md
Pages: Not recorded – Not recorded
Passage SHA-256: f709a73812384b83e5390e7b5853ed5720587615b25b2cd8edd81458e982a5e9
Source location: Title 41, Chapter 33, § 3304; chapter-033-chapter-33.md
Stored source content
**(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 reimbursing the executive agency for the cost of the procurement of the property or services for that government, have the effect of requiring the use of procedures other than competitive procedures;
(5) subject to [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3105&num=0&edition=prelim), a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial product for authorized resale;
(6) the disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or
(7) the head of the executive agency (who may not delegate the authority under this paragraph)—
(A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned; and
(B) notifies Congress in writing of that determination not less than 30 days before the award of the contract.
**(b) Property or Services Deemed Available From Only One Source.—** For the purposes of subsection (a)(1), in the case of—
(1) a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services are deemed to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept, the substance of which is not otherwise available to the Federal Government and does not resemble the substance of a pending competitive procurement; or
(2) a follow-on contract for the continued development or production of a major system or highly specialized equipment, the property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures when it is likely that award to a source other than the original source would result in—
(A) substantial duplication of cost to the Federal Government that is not expected to be recovered through competition; or
(B) unacceptable delay in fulfilling the executive agency’s needs.
**(c) Property or Services Needed With Unusual and Compelling Urgency.—**
(1) **Allowable contract period.—** — The contract period of a contract described in paragraph (2) that is entered into by an executive agency pursuant to the authority provided under subsection (a)(2)—
(A) may not exceed the time necessary—
(i) to meet the unusual and compelling requirements of the work to be performed under the contract; and
(ii) for the executive agency to enter into another contract for the required goods or services through the use of competitive procedures; and
(B) may not exceed one year unless the head of the executive agency entering into the contract determines that exceptional circumstances apply.
(2) **Applicability of allowable contract period.—** — This subsection applies to any contract in an amount greater than the simplified acquisition threshold.
**(d) Offer Requests to Potential Sources.—** An executive agency using procedures other than competitive procedures to procure property or services by reason of the application of paragraph (2) or (6) of subsection (a) shall request offers from as many potential sources as is practicable under the circumstances.
**(e) Justification for Use of Noncompetitive Procedures.—**
(1) **Prerequisites for awarding contract.—** — Except as provided in paragraphs (3) and (4), an executive agency may not award a contract using procedures other than competitive procedures unless—
(A) the contracting officer for the contract justifies the use of those procedures in writing and certifies the accuracy and completeness of the justification;
(B) the justification is approved, in the case of a contract for an amount—
(i) exceeding $500,000 but equal to or less than $10,000,000, by the advocate for competition for the procuring activity (without further delegation) or by an official referred to in clause (ii) or (iii);
(ii) exceeding $10,000,000 but equal to or less than $50,000,000, by the head of the procuring activity or by a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in which the individual is entitled to receive the daily equivalent of the maximum annual rate of basic pay payable for level IV of the Executive Schedule (or in a comparable or higher position under another schedule); or
(iii) exceeding $50,000,000, by the senior procurement executive of the agency designated pursuant to [section 1702(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim) (without further delegation); and
(C) any required notice has been published with respect to the contract pursuant to [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and the executive agency has considered all bids or proposals received in response to that notice.
(2) **Elements of justification.—** — The justification required by paragraph (1)(A) shall include—
(A) a description of the agency’s needs;
(B) an identification of the statutory exception from the requirement to use competitive procedures and a demonstration, based on the proposed contractor’s qualifications or the nature of the procurement, of the reasons for using that exception;
(C) a determination that the anticipated cost will be fair and reasonable;
(D) a description of the market survey conducted or a statement of the reasons a market survey was not conducted;
(E) a listing of any sources that expressed in writing an interest in the procurement; and
(F) a statement of any actions the agency may take to remove or overcome a barrier to competition before a subsequent procurement for those needs.
(3) **Justification allowed after contract awarded.—** — In the case of a procurement permitted by subsection (a)(2), the justification and approval required by paragraph (1) may be made after the contract is awarded.
(4) **Justification not required.—** — The justification and approval required by paragraph (1) are not required if—
(A) a statute expressly requires that the procurement be made from a specified source;
(B) the agency’s need is for a brand-name commercial product for authorized resale;
(C) the procurement is permitted by subsection (a)(7); or
(D) the procurement is conducted under chapter 85 of this title or section 8(a) of the Small Business Act ([15 U.S.C. 637(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/a&num=0&edition=prelim)).
(5) **Restrictions on executive agencies.—**
(A) *Contracts and procurement of property or services.—* — In no case may an executive agency—
(i) enter into a contract for property or services using procedures other than competitive procedures on the basis of the lack of advance planning or concerns related to the amount available to the agency for procurement functions; or
(ii) procure property or services from another executive agency unless the other executive agency complies fully with the requirements of this division in its procurement of the property or services.
(B) *Additional restriction.—* — The restriction set out in subparagraph (A)(ii) is in addition to any other restriction provided by law.
**(f) Public Availability of Justification and Approval Required for Using Noncompetitive Procedures.—**
(1) **Time requirement.—**
(A) *Within 14 days after contract award.—* — Except as provided in subparagraph (B), in the case of a procurement permitted by subsection (a), the head of an executive agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (e)(1) with respect to the procurement.
(B) *Within 30 days after contract award.—* — In the case of a procurement permitted by subsection (a)(2), subparagraph (A) shall be applied by substituting “30 days” for “14 days”.
(2) **Availability on websites.—** — The documents referred to in subparagraph (A) of paragraph (1) shall be made available on the website of the agency and through a Government-wide website selected by the Administrator.
(3) **Exception to availability and approval requirement.—** — This subsection does not require the public availability of information that is exempt from public disclosure under [section 552(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional Policy.—** It is the policy of Congress that—
(1) an executive agency should not be required by legislation to award—
(A) a new contract to a specific non-Federal Government entity; or
(B) a new grant for research, development, test, or evaluation to a non-Federal Government entity; and
(2) a program, project, or technology identified in legislation be procured or awarded through merit-based selection procedures.
**(b) New Contract and New Grant Described.—** For purposes of this section—
(1) a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a prior contract; and
(2) a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a prior grant.
**(c) Requirements for Awarding New Contract or New Grant.—** A provision of law may not be construed as requiring a new contract or a new grant to be awarded to a specified non-Federal Government entity unless the provision of law specifically—
(1) refers to this section;
(2) identifies the particular non-Federal Government entity involved; and
(3) states that the award to that entity is required by the provision of law in contravention of the policy set forth in subsection (a).
**(d) Exception.—** This section does not apply to a contract or grant that calls on the National Academy of Sciences to investigate, examine, or experiment on a subject of science or art of significance to an executive agency and to report on those matters to Congress or an agency of the Federal Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3105
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
In division C, the term “agency head” means the head or any assistant head of an executive agency, and may at the option of the Administrator of General Services include the chief official of any principal organizational unit of the General Services Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 151
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)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reaso
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376
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
In this part, the term “head of an agency” means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3004
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) 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
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) 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
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) When Procedures Other Than Competitive Procedures May Be Used.—** The head of an agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;
(2) the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the 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 or sources in order—
(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; or
(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 any court, administrative tribunal, or agency, or 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 a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3204
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Operators and service providers**
(1) **Eligible entities**
(A) *Operators* — The Secretary shall enter into an agreement with a Federal, State, or local agency, an area career and technical education school, a residential career and technical education school, or a private organization, for the operation of each Job Corps center.
(B) *Providers* — The Secretary may enter into an agreement with a local entity, or other entity with the necessary capacity, to provide activities described in this part to a Job Corps center.
(2) **Selection process**
(A) *Competitive basis* — Except as provided in subsections (a) and (b) of [section 3304 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim), the Secretary shall select on a competitive basis an entity to operate a Job Corps center and entities to provide activities described in this part to the Job Corps center. In developing a solicitation for an operator or service provider, the Secretary shall consult with the Governor of the State in which the center is located, the workforce council for the Job Corps center (if established), and the applicable local board regarding the contents of such solicitation, including elements that will promote the consistency of the activities carried out through the center with the objectives set forth in the State plan or in a local plan.
(B) *Recommendations and considerations*
(i) *Operators* — In selecting an entity to operate a Job Corps center, the Secretary shall consider—
(I) the ability of the entity to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans;
(II) the ability of the entity to offer
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3199
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Required use** The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for a procurement referred to in [section 422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section422&num=0&edition=prelim), including authorities and procedures that are provided under the following provisions of law:
(1) **Federal Property and Administrative Services Act of 1949** — In division C of subtitle I of title 41:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of [section 3304 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B) [Section 4106 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), relating to orders under task and delivery order contracts.
(2) **Title 10** — In part V of subtitle A of title 10:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B) Section 3406, relating to orders under task and delivery order contracts.
(3) **Office of Federal Procurement Policy Act** — Paragraphs (1)(B), (1)(D), and (2)(A) of [section 1708(b) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708/b&num=0&edition=prelim), relating to inapplicability of a requirement for procurement notice.
**(b) Waiver of certain small business threshold requirements** Subclause (II) of [section 637(a)(1)(D)(i
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 451
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.