41 U.S.C. § 3101 Applicability

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 41 U.S.C. § 3101

(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.

(B) INAPPLICABLE LAWS.-A law properly listed in the Federal Acquisition Regulation pursuant to section 1905 of this title 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 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 to this division. However, when this division is made inapplicable by any law, sections 6101 and 6103 of this title apply in the absence of authority conferred by statute to procure without advertising or without regard to section 6101 of this title. A law that authorizes an executive agency (other than an executive agency exempted from this division by this subsection) to procure property or services without advertising or without regard to section 6101 of this title is deemed to authorize the procurement pursuant to the provisions of this division relating to procedures other than sealed-bid procedures.

Cite as 41 U.S.C. § 3101

Source: Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3742.

current through 5/22/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>3101(a)</TD> <TD>41:252(a) (words before 1st semicolon).</TD> <TD>June 30, 1949, ch. 288, title III, §302(a), 63 Stat. 393; July 12, 1952, ch. 703, §1(m), 66 Stat. 594; Pub. L. 85-800, §1, Aug. 28, 1958, 72 Stat. 966; Pub. L. 89-343, §1, Nov. 8, 1965, 79 Stat. 1303.</TD> </TR> <TR> <TD>3101(b)(1)</TD> <TD>41:252a.</TD> <TD>June 30, 1949, ch. 288, title III, §302A, as added <actcitation href="" statecd="US" sessionyear="1994" actaltid="103-355">Pub. L. <actid>103-355</actid></actcitation>, <actseccitation href="" statecd="US" sessionyear="1994" actaltid="103-355">title IV, §§<actsec>4003</actsec>4003,</actseccitation>, <actseccitation href="" statecd="US" sessionyear="1994" actaltid="103-355"><actsec>4103</actsec>4003,</actseccitation>, 108 Stat. 3338, 3341.</TD> </TR> <TR> <TD>3101(b)(2)</TD> <TD>41:252b.</TD> <TD>June 30, 1949, ch. 288, title III, §302B, as added <actcitation href="" statecd="US" sessionyear="1994" actaltid="103-355">Pub. L. <actid>103-355</actid></actcitation>, <actseccitation href="" statecd="US" sessionyear="1994" actaltid="103-355">title IV, §<actsec>4203</actsec>(b), Oct. 13, <sessionyear>1994</sessionyear></actseccitation>, 108 Stat. 3346.</TD> </TR> <TR> <TD>3101(c)(1)</TD> <TD>41:252(a) (words after 1st semicolon and before "but when").</TD> <TD/> </TR> <TR> <TD>3101(c)(2)</TD> <TD>41:252(a) (words after "other law").</TD> <TD/> </TR> <TR> <TD/> <TD>41:260.</TD> <TD>June 30, 1949, ch. 288, title III, §310, 63 Stat. 397; July 12, 1952, ch. 703, §1(m), (n), 66 Stat. 594; Pub. L. 85-800, §6, Aug. 28, 1958, 72 Stat. 967; Pub. L. 89-343, §5, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 98-369, div. B, title VII, §2714(a)(6), July 18, 1984, 98 Stat. 1185.</TD> </TR> </TABLE>

In subsection (c)(1)(B), the words "except as provided in paragraph (2)" are added for clarity. The words "section 113(e) of title 40 or any other" are omitted as unnecessary.

EXECUTIVE DOCUMENTS

EX. ORD. NO. 13005. EMPOWERMENT CONTRACTING

Ex. Ord. No. 13005, May 21, 1996, 61 F.R. 26069, provided:

In order to promote economy and efficiency in Federal procurement, it is necessary to secure broad-based competition for Federal contracts. This broad competition is best achieved where there is an expansive pool of potential contractors capable of producing quality goods and services at competitive prices. A great and largely untapped opportunity for expanding the pool of such contractors can be found in this Nation's economically distressed communities.

Fostering growth of Federal contractors in economically distressed communities and ensuring that those contractors become viable businesses for the long term will promote economy and efficiency in Federal procurement and help to empower those communities. Fostering growth of long-term viable contractors will be promoted by offering appropriate incentives to qualified businesses.

Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States, including section 486(a) [now 121(a)] of title 40, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:

SECTION 1. Policy. The purpose of this order is to strengthen the economy and to improve the efficiency of the Federal procurement system by encouraging business development that expands the industrial base and increases competition.

SEC. 2. Empowerment Contracting Program. In consultation with the Secretaries of the Departments of Housing and Urban Development, Labor, and Defense; the Administrator of General Services; the Administrator of the National Aeronautics and Space Administration; the Administrator of the Small Business Administration; and the Administrator for Federal Procurement Policy, the Secretary of the Department of Commerce shall develop policies and procedures to ensure that agencies, to the extent permitted by law, grant qualified large businesses and qualified small businesses appropriate incentives to encourage business activity in areas of general economic distress, including a price or an evaluation credit, when assessing offers for government contracts in unrestricted competitions, where the incentives would promote the policy set forth in this order. In developing such policies and procedures, the Secretary shall consider the size of the qualified businesses.

SEC. 3. Monitoring and Evaluation. The Secretary shall: