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41 U.S.C. § 1712 — Record requirements

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

41 U.S.C. § 1712 — Record requirements

Page 54 TITLE 41—PUBLIC CONTRACTS § 1711 (i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure. (ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress. (C) REPORT AND CERTIFICATION REQUIRED BEFORE SOLICITATION OR AWARD OF CON- TRACT.—If the head of the executive agency determines that the report required by para- graph (1) was not submitted or that the re- quired certification was not included in the submitted report, the function for which the public-private competition was conducted for which the objection was submitted may not be the subject of a solicitation of offers for, or award of, a contract until, respec- tively, the report is submitted or a report containing the certification in full compli- ance with the certification requirement is submitted. (d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES OF THE BLIND AND OTHER SE- VERELY DISABLED PEOPLE.—This section shall not apply to a commercial or industrial type function of an executive agency that is— (1) included on the procurement list estab- lished pursuant to section 8503 of this title; or (2) planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other se- verely disabled people in accordance with chapter 85 of this title. (e) INAPPLICABILITY DURING WAR OR EMER- GENCY.—The provisions of this section shall not apply during war or during a period of national emergency declared by the President or Con- gress. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 St

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Stable record: federal_law:legal_authorities:usc2024-a875900745286e684c2f789d
Source file: Laws/federal/codes/united-states-code-2024/title-41/section-1712-record-requirements--1e6a64c6ee.md
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Page 54 TITLE 41—PUBLIC CONTRACTS § 1711 (i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure. (ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress. (C) REPORT AND CERTIFICATION REQUIRED BEFORE SOLICITATION OR AWARD OF CON- TRACT.—If the head of the executive agency determines that the report required by para- graph (1) was not submitted or that the re- quired certification was not included in the submitted report, the function for which the public-private competition was conducted for which the objection was submitted may not be the subject of a solicitation of offers for, or award of, a contract until, respec- tively, the report is submitted or a report containing the certification in full compli- ance with the certification requirement is submitted. (d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES OF THE BLIND AND OTHER SE- VERELY DISABLED PEOPLE.—This section shall not apply to a commercial or industrial type function of an executive agency that is— (1) included on the procurement list estab- lished pursuant to section 8503 of this title; or (2) planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other se- verely disabled people in accordance with chapter 85 of this title. (e) INAPPLICABILITY DURING WAR OR EMER- GENCY.—The provisions of this section shall not apply during war or during a period of national emergency declared by the President or Con- gress. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3715.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1710 ............ 41:439. Pub. L. 93–400, § 43, as added Pub. L. 110–181, title III, § 327(a), Jan. 28, 2008, 122 Stat. 63. In the heading for subsection (d) and in subsection (d)(2), the words ‘‘disabled people’’ are substituted for ‘‘handicapped persons’’ for consistency with chapter 85 of the revised title. § 1711. Value engineering Each executive agency shall establish and maintain cost-effective procedures and processes for analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply of the agen- cy. The analysis shall be— (1) performed by qualified agency or con- tractor personnel; and (2) directed at improving performance, reli- ability, quality, safety, and life cycle costs. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3718.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1711 ............ 41:432. Pub. L. 93–400, § 36, as added Pub. L. 104–106, title XLIII, § 4306(a), Feb. 10, 1996, 110 Stat. 665. § 1712. Record requirements (a) MAINTAINING RECORDS ON COMPUTER.—Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, con- taining unclassified records of all procurements greater than the simplified acquisition thresh- old in that fiscal year. (b) CONTENTS.—The record established under subsection (a) shall include, with respect to each procurement carried out using— (1) competitive procedures— (A) the date of contract award; (B) information identifying the source to whom the contract was awarded; (C) the property or services the Federal Government obtains under the procurement; and (D) the total cost of the procurement; or (2) procedures other than competitive proce- dures— (A) the information described in paragraph (1); (B) the reason under section 3304(a) of this title or section 3204(a) of title 10 for using the procedures; and (C) the identity of the organization or ac- tivity that conducted the procurement. (c) SEPARATE RECORD CATEGORY FOR PROCURE- MENTS RESULTING IN ONE BID OR PROPOSAL.—In- formation included in a record pursuant to sub- section (b)(1) that relates to procurements re- sulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated ‘‘noncompetitive procurements using competi- tive procedures’’. (d) TRANSMISSION AND DATA ENTRY OF INFOR- MATION.—The head of each executive agency shall— (1) ensure the accuracy of the information included in the record established and main- tained by the agency under subsection (a); and (2) transmit in a timely manner such infor- mation to the General Services Administra- tion for entry into the Federal Procurement Data System referred to in section 1122(a)(4) of this title, or any successor system. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3718; Pub. L. 117–81, div. A, title XVII, § 1702(h)(5), Dec. 27, 2021, 135 Stat. 2158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1712 ............ 41:417. Pub. L. 93–400, § 19, as added Pub. L. 98–369, title VII, § 2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title IV, § 4403, Oct. 13, 1994, 108 Stat. 3349; Pub. L. 110–417, title VIII, § 874(b), Oct. 14, 2008, 122 Stat. 4558. Page 55 TITLE 41—PUBLIC CONTRACTS § 1901 Editorial Notes AMENDMENTS 2021—Subsec. (b)(2)(B). Pub. L. 117–81 substituted ‘‘section 3204(a)’’ for ‘‘section 2304(c)’’. § 1713. Procurement data (a) DEFINITIONS.—In this section: (1) QUALIFIED HUBZONE SMALL BUSINESS CON- CERN.—The term ‘‘qualified HUBZone small business concern’’ has the meaning given that term in section 31(b) of the Small Business Act. (2) SMALL BUSINESS CONCERN OWNED AND CON- TROLLED BY SOCIALLY AND ECONOMICALLY DIS- ADVANTAGED INDIVIDUALS.—The term ‘‘small business concern owned and controlled by so- cially and economically disadvantaged indi- viduals’’ has the meaning given that term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)). (3) SMALL BUSINESS CONCERN OWNED AND CON- TROLLED BY WOMEN.—The term ‘‘small business concern owned and controlled by women’’ has the meaning given that term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and section 204 of the Women’s Business Ownership Act of 1988 (Public Law 100–533, 102 Stat. 2692). (b) REPORTING.—Each Federal agency shall re- port to the Office of Federal Procurement Policy the number of qualified HUBZone small business concerns, the number of small businesses owned and controlled by women, and the number of small business concerns owned and controlled by socially and economically disadvantaged indi- viduals, by gender, that are first time recipients of contracts from the agency. The Office shall take appropriate action to ascertain, for each fiscal year, the number of those small businesses that have newly entered the Federal market. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3719; Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(F)(ii), Dec. 12, 2017, 131 Stat. 1796.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1713(a) ........ 41:417a(b). Pub. L. 100–533, title V, § 502, Oct. 25, 1988, 102 Stat. 2697; Pub. L. 105–135, title VI, § 604(f)(2), Dec. 2, 1997, 111 Stat. 2634. 1713(b) ........ 41:417a(a). In subsection (b), the words ‘‘socially and economi- cally disadvantaged individuals’’ are substituted for ‘‘socially and economically disadvantaged businesses’’ for consistency with the term set out in subsection (a). Editorial Notes REFERENCES IN TEXT Section 31(b) of the Small Business Act, referred to in subsec. (a)(1), is classified to section 657a(b) of Title 15, Commerce and Trade. Section 204 of the Women’s Business Ownership Act of 1988, referred to in subsec. (a)(3), is section 204 of Pub. L. 100–533, which is set out as a note under section 637 of Title 15, Commerce and Trade. AMENDMENTS 2017—Subsec. (a). Pub. L. 115–91 substituted ‘‘section 31(b) of the Small Business Act’’ for ‘‘section 3(p) of the Small Business Act (15 U.S.C. 632(p))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective Jan. 1, 2020, see section 1701(j) of Pub. L. 115–91, set out as a note under section 657a of Title 15, Commerce and Trade. CHAPTER 19—SIMPLIFIED ACQUISITION PROCEDURES Sec. 1901. Simplified acquisition procedures. 1902. Procedures applicable to purchases below micro-purchase threshold. 1903. Special emergency procurement authority. 1904. Certain transactions for defense against at- tack. 1905. List of laws inapplicable to contracts or sub- contracts not greater than simplified acqui- sition threshold. 1906. List of laws inapplicable to procurements of commercial products and commercial serv- ices. 1907. List of laws inapplicable to procurements of commercially available off-the-shelf items. 1908. Inflation adjustment of acquisition-related dollar thresholds. 1909. Management of purchase cards. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 836(b)(6)(B)(ii), Aug. 13, 2018, 132 Stat. 1861, substituted ‘‘List of laws inapplicable to procurements of commer- cial products and commercial services’’ for ‘‘List of laws inapplicable to procurements of commercial items’’ in item 1906. 2012—Pub. L. 112–194, § 2(a)(2), Oct. 5, 2012, 126 Stat. 1447, added item 1909. § 1901. Simplified acquisition procedures (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 Regu- lation shall provide for special simplified proce- dures for purchases of property and services for amounts— (1) not greater than the simplified acquisi- tion threshold; and (2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably ex- pects, 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 con- tracts 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 prac- ticable. (d) CONSIDERATION OF OFFERS TIMELY RE- CEIVED.—The simplified acquisition procedures contained in the Federal Acquisition Regulation shall include a requirement that a contracting

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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

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

15 U.S.C. § 632 — Definitions

Page 769 TITLE 15—COMMERCE AND TRADE § 632 Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (a), is subtitle D (§§ 141–147) of title I of div. K of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3453, which enacted this section, amended sections 637, 648, 657b, and 657c of this title, enacted provisions set out as note under section 637 of this title, and amended provisions set out as a note under section 657b of this title. For complete classification of subtitle D to the Code, see Tables. CODIFICATION Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropria- tions Act, 2005, and not as part of the Small Business Act which comprises this chapter. § 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 independ- ently 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 require- ments specified under subparagraph (C), the Administrator may specify detailed defini- tions or standards by which a business con- cern may be determined to be a small busi- ness 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 vol- ume of business, net worth, net income, a combinatio

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

15 U.S.C. § 637 — Additional powers

**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes** (1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap

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

15 U.S.C. § 637 — Additional powers

Page 890 TITLE 15—COMMERCE AND TRADE § 637 mortgage obligations, payments on covered lease ob- ligations, or covered utility payments, as the case may be.’’ Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended subsec. (i) generally. Prior to amendment, text read as follows: ‘‘For purposes of title 26, any amount which (but for this subsection) would be includible in gross in- come of the eligible recipient by reason of forgiveness described in subsection (b) shall be excluded from gross income.’’ Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added subsec. (l). Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l). Text read as follows: ‘‘An eligible recipient that re- ceived a covered loan before June 5, 2020, may elect for the covered period applicable to such covered loan to end on the date that is 8 weeks after the date of the origination of such covered loan.’’ Pub. L. 116–142, § 3(b)(3), added subsec. (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–2 applicable only with re- spect to applications for forgiveness of covered loans made under pars. (36) or (37) of section 636(a) of this title received on or after Mar. 11, 2021, see section 5001(c)(3) of Pub. L. 117–2, set out as a note under sec- tion 636 of this title. EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020, 134 Stat. 1979, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply to taxable years ending after the date of the enactment of the CARES Act [Mar. 27, 2020].’’ Amendment by section 304(b)(1)(A), (B), (2) of div. N of Pub. L. 116–260 effective as if included in Pub. L. 116–136 and applicable to any loan made pursuant to secti

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 637

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

41 U.S.C. § 1712 — Record requirements

**(a) Maintaining Records on Computer.—** Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year. **(b) Contents.—** The record established under subsection (a) shall include, with respect to each procurement carried out using— (1) competitive procedures— (A) the date of contract award; (B) information identifying the source to whom the contract was awarded; (C) the property or services the Federal Government obtains under the procurement; and (D) the total cost of the procurement; or (2) procedures other than competitive procedures— (A) the information described in paragraph (1); (B) the reason under [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) or [section 3204(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim) for using the procedures; and (C) the identity of the organization or activity that conducted the procurement. **(c) Separate Record Category for Procurements Resulting in One Bid or Proposal.—** Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”. **(d) Transmission and Data Entry of Information.—** The head of each executive agency shall— (1) ensure the accuracy of the information in

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