§ 3301. Full and open competition

1,120 words·~5 min read·/usc/title-41/section-3301

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(a)In General.— Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall—

(1)obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and

(2)use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.

(b)Appropriate Competitive Procedures.—

(1)Use of sealed bids.— In determining the competitive procedures appropriate under the circumstance, an executive agency shall—

(A)solicit sealed bids if—

(i)time permits the solicitation, submission, and evaluation of sealed bids;

(ii)the award will be made on the basis of price and other price-related factors;

(iii)it is not necessary to conduct discussions with the responding sources about their bids; and

(iv)there is a reasonable expectation of receiving more than one sealed bid; or

(B)request competitive proposals if sealed bids are not appropriate under subparagraph (A).

(2)Sealed bid not required.— Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 1 of title 23 applies.

(c)Efficient Fulfillment of Government Requirements.— The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3745.)

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