US State Code:United States CodeTITLE 41 - PUBLIC CONTRACTS


...


Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only...


The word ''department'' as used in this Act shall be construed to include independent establishments, other agencies, wholly owned Government corporations (the transactions of...


...


Section 5 of this title shall not be construed to apply under any appropriation Act to the following departments and independent offices under the circumstances specified herein: ...


On and after July 27, 1965, the purchase of supplies and equipment and the procurement of services for all branches under the Architect of the Capitol may be made in the open...


Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or...


(a) Control of insects, pests, and grass diseases Materials and equipment for the control of incipient or emergency outbreaks of insects, pests, or grass diseases, including ...


...


...


...


...


...


Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the bids, and be permitted...


...


...


Notwithstanding any other provision of law, and unless the head of the department or independent establishment concerned shall determine it to be inconsistent with the...


(a) Every contract for the construction, alteration, or repair of any public building or public work in the United States growing out of an appropriation heretofore made or...


...


(a) Determination by Secretary of Defense (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country...


The Secretary of Defense shall submit to Congress, not later than 60 days after the end of each fiscal year, a report on the amount of purchases by the Department of Defense...


When used in sections 10a, 10b, and 10c of this title - (a) The term ''United States'', when used in a geographical sense, includes the United States and any place subject to the ...


In order to clarify the original intent of Congress, hereafter, section 10a of this title and that part of section 10b(a) of this title preceding the words ''Provided,...


(a) No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in...


When, in the opinion of the Secretary of the Army, it is in the interest of the United States so to do, he is authorized to enter into contracts and to incur obligations for fuel...


No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum...


Except as otherwise provided, it shall not be lawful for any of the executive departments to make contracts for stationery or other supplies for a longer term than one year from...


...


No land shall be purchased on account of the United States, except under a law authorizing such purchase. ...


(a) Transfer No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such...


...


...


...


...


...


...


No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit...


All orders or contracts for work or material or for the manufacture of material pertaining to approved projects heretofore or hereafter placed with Government-owned...


Whenever it is practicable contracts for the transportation of moneys, bullion, coin, notes, bonds, and other securities of the United States, and paper shall be let to the...


...


...


...


...


...


In any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of ...


Any breach or violation of any of the representations and stipulations in any contract for the purposes set forth in section 35 of this title shall render the party...


The Comptroller General is authorized and directed to distribute a list to all agencies of the United States containing the names of persons or firms found by the Secretary of...


The Secretary of Labor is authorized and directed to administer the provisions of sections 35 to 45 of this title and to utilize such Federal officers and employees and, with...


Upon his own motion or on application of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the...


Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in...


Whenever used in sections 35 to 45 of this title, the word ''person'' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, ...


The provisions of sections 35 to 45 of this title shall not be construed to modify or amend Title III of the act entitled ''An Act making appropriations for the Treasury and...


Sections 35 to 45 of this title shall not apply to purchases of such materials, supplies, articles, or equipment as may usually be bought in the open market; nor shall they apply...


(a) Applicability Notwithstanding any provision of section 553 of title 5, subchapter II of chapter 5, and chapter 7, of title 5 shall be applicable in the administration...


(a) The Secretary of Labor may prescribe in regulations the standards for determining whether a contractor is a manufacturer of or a regular dealer in materials, supplies,...


If any provision of sections 35 to 45 of this title, or the application thereof to any persons or circumstances, is held invalid, the remainder of said sections, and the...


Sections 35 to 45 of this title shall apply to all contracts entered into pursuant to invitations for bids issued on or after ninety days from June 30, 1936: Provided, however,...


(a) Establishment There is established a committee to be known as the Committee for Purchase From People Who Are Blind or Severely Disabled (hereafter in sections 46 to 48c...


(a) Procurement list: publication in Federal Register; additions and removals (1) The Committee shall establish and publish in the Federal Register a list (hereafter...


If any entity of the Government intends to procure any commodity or service on the procurement list, that entity shall, in accordance with rules and regulations of the...


The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books,...


For purposes of sections 46 to 48c of this title - (1) The term ''blind'' refers to an individual or class of individuals whose central visual acuity does not exceed 20/200 in ...


There are authorized to be appropriated to the Committee to carry out sections 46 to 48c of this title $240,000 for the fiscal year ending June 30, 1974, and such sums as may...


No defense contractor shall deny employment, on account of failure to produce a birth certificate, to any person who submits, in lieu of a birth certificate, an honorable...


As used in sections 49 and 50 of this title the term ''defense contractor'' means an employer engaged in - (1) the production, maintenance, or storage of arms, armament, ...


Sections 51 to 58 of this title may be cited as the ''Anti-Kickback Act of 1986''. ...


As used in sections 51 to 58 of this title: (1) The term ''contracting agency'', when used with respect to a prime contractor, means any department, agency, or ...


It is prohibited for any person - (1) to provide, attempt to provide, or offer to provide any kickback; (2) to solicit, accept, or attempt to accept any kickback; or ...


Any person who knowingly and willfully engages in conduct prohibited by section 53 of this title shall be imprisoned for not more than 10 years or shall be subject to a fine...


(a)(1) The United States may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct prohibited by section 53 of this title. The amount of...


(a) Offset authority A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 53 of this...


(a) Procedural requirements for prevention and detection of violations Each contracting agency shall include in each prime contract awarded by such agency a requirement...


For the purpose of ascertaining whether there has been a violation of section 53 of this title with respect to any prime contract, the General Accounting Office and the...


The Congress declares that the objectives of this chapter are - (a) to facilitate maximum war production during the war, and to expedite reconversion from war production...


(a) To assist the Congress in appraising the administration of this chapter and in developing such amendments or related legislation as may further be necessary to accomplish the ...


As used in this chapter - (a) The term ''prime contract'' means any contract, agreement, or purchase order heretofore or hereafter entered into by a contracting agency...


(a) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652 (b) Rules and regulations In order to insure uniform and efficient administration of the provisions...


There is created a Contract Settlement Advisory Board, with which the Administrator of General Services shall advise and consult. The Board shall be composed of the Administrator...


(a) Priority to private contractors It is the policy of the Government, and it shall be the responsibility of the contracting agencies and the Administrator of General Services...


(a) Conclusiveness of settlement Where, in connection with the settlement of any termination claim by a contracting agency, any war contractor makes settlements of the...


(a) Prime contractors It is the policy of the Government, and it shall be the responsibility of the contracting agencies and the Administrator of General Services, in...


(a) Any contracting agency may make advance or partial payments to any war contractor on account of any termination claim or claims, and may authorize, approve, or ratify any...


(a) By contract Any contracting agency is authorized - (1) to enter into contracts with any Federal Reserve bank, or other public or private financing...


(a) Advance notice; prime contracts In order to facilitate the efficient use of materials, manpower, and facilities for war and civilian purposes, each contracting agency - ...


(a) Termination inventory It is the policy of the Government, upon the termination of any war contract, to assure the expeditious removal from the plant of the war contractor...


(a) Failure to settle claims by agreement; preparation of findings; notice to war contractor Whenever the contracting agency responsible for settling any termination claim...


(a) Appointment of auditors For the purpose of expediting the adjudication of termination claims, the United States Court of Federal Claims is authorized to appoint not more...


(a) Whenever any payment is made from Government funds to any war contractor or other person as an advance, partial or final payment on any termination claim, or pursuant to any...


...


(a) Lack of formalized contract Where any person has arranged to furnish or furnished to a contracting agency or to a war contractor any materials, services, or facilities...


(a) Records and forms The Administrator of General Services shall establish policies for such supervision and review within the contracting agencies of termination settlements...


Every person who makes or causes to be made, or presents or causes to be presented to any officer, agent, or employee of any Government agency any claim, bill, receipt,...


(a) Limitation Each contracting agency shall have authority, notwithstanding any provisions of law other than contained in this chapter, (1) to make any contract necessary...


In addition to his other functions under this chapter, the Administrator of General Services shall - (a) promote the training of personnel for termination settlement...


Any contracting agency is authorized - (a) to use for interim financing, the payment of claims, and for any other purposes authorized in this chapter any funds which ...


(a) Officers and agencies of General Service Administration and other governmental agencies The Administrator of General Services may delegate any authority and...


(a) This chapter shall become effective twenty days after July 1, 1944. With the exception of the provisions of paragraphs (b), (c), (d), and (e) of section 112 of this title,...


Subject to policies prescribed by the Administrator of General Services, any contracting agency may exempt from some or all of the provisions of this chapter (a) any war contract...


...


...


...


...


The purpose of this subchapter is to facilitate the procurement of property and services. ...


(a) Applicability of subchapter; delegation of authority Executive agencies shall make purchases and contracts for property and services in accordance with the provisions of this ...


(a) Simplified acquisition threshold For purposes of acquisitions by executive agencies, the simplified acquisition threshold is as specified in section 403(11) of this title. ...


The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 427 of this title shall apply in executive agencies as provided in...


(a) Implementation of electronic commerce capability (1) The head of each executive agency shall implement the electronic commerce capability required by section 426 of this ...


(a) Procurement through full and open competition; competitive procedures (1) Except as provided in subsections (b), (c), and (g) of this section and except in the case...


(a) Preparation; planning; specifications in solicitation (1) In preparing for the procurement of property or services, an executive agency shall - (A) specify its needs...


(a) Basis An executive agency shall evaluate sealed bids and competitive proposals, and award a contract, based solely on the factors specified in the solicitation. ...


(a) ''Qualification requirement'' defined In this section, ''qualification requirement'' means a requirement for testing or other quality assurance demonstration that must...


(a) Contracts; delivery of technical services; contents A contract for property or services entered into by an executive agency which provides for the delivery of technical...


...


(a) Procurement of supplies; costs advantageous to United States Each executive agency shall procure supplies in such quantity as (A) will result in the total cost and unit cost...


(a) Contract restrictions Each contract for the purchase of property or services made by an executive agency shall provide that the contractor will not - (1) enter into...


(a) Authority to award Subject to the requirements of this section, section 253j of this title, and other applicable law, the head of an executive agency may enter into a task...


(a) Authority to award (1) Subject to the requirements of this section, section 253j of this title, and other applicable law, the head of an executive agency may enter into a...


(a) Issuance of orders The following actions are not required for issuance of a task or delivery order under a task or delivery order contract: (1) A separate notice for...


In sections 253h, 253i, and 253j of this title: (1) The term ''task order contract'' means a contract for services that does not procure or specify a firm quantity of ...


(a) Authority The head of an executive agency may enter into a contract for procurement of severable services for a period that begins in one fiscal year and ends in the...


The Comptroller General may use available funds, now and hereafter, to enter into contracts for the acquisition of severable services for a period that begins in one fiscal year...


The Library of Congress may use available funds, now and hereafter, to enter into contracts for the lease or acquisition of severable services for a period that begins in one...


During fiscal year 2001 and any succeeding fiscal year, the Chief Administrative Officer of the House of Representatives may - (1) enter into contracts for the acquisition...


Beginning on December 21, 2000, and hereafter, the Congressional Budget Office may use available funds to enter into contracts for the procurement of severable services for a...


(a) Authorization Unless the traditional acquisition approach of design-bid-build established under the Brooks Architect-Engineers Act (title IX of this Act) (40 U.S.C. 541...


(a) Contracts awarded using procedures other than sealed-bid procedures Except as provided in subsection (b) of this section, contracts awarded after using procedures...


On and after September 5, 1962, provision may be made in cost-type research and development contracts (including grants) with universities, colleges, or other educational...


(a) Required cost or pricing data and certification (1) The head of an executive agency shall require offerors, contractors, and subcontractors to make cost or pricing data ...


(a) Authority An executive agency may enter into a multiyear contract for the acquisition of property or services if - (1) funds are available and obligated for such...


(a) Agency authority (1) The head of an executive agency, acting through an authorized representative, is authorized to inspect the plant and audit the records of - (A)...


(a) Payment authority Any executive agency may - (1) make advance, partial, progress or other payments under contracts for property or services made by the agency; and ...


(a) Indirect cost that violates FAR cost principle An executive agency shall require that a covered contract provide that if the contractor submits to the executive agency a...


Whenever any contract made on behalf of the Government by the head of any Federal Agency, or by officers authorized by him so to do, includes a provision for liquidated damages...


(a) Conclusiveness; delegation of powers Determinations and decisions provided in this Act to be made by the Administrator or other agency head shall be final. Such ...


...


As used in this subchapter - (a) The term ''agency head'' shall mean the head or any assistant head of any executive agency, and may at the option of the Administrator...


Sections 5, 8, and 13 of this title shall not apply to the procurement of property or services made by an executive agency pursuant to this subchapter. Any provision of law...


(a) In general Except to the extent expressly prohibited by another provision of law, the head of an executive agency may delegate to any other officer or official of that...


(a) Individual or class determinations and decisions authorized Determinations and decisions required to be made under this subchapter by the head of an executive agency may be...


(a) Congressional policy It is the policy of Congress that the head of each executive agency should achieve, on average, 90 percent of the cost, performance, and schedule...


(a) Applicability of subchapter Unless otherwise specifically provided, nothing in this section, section 264a of this title, or section 264b of this title shall be construed...


As used in this subchapter, the terms ''commercial item'', ''nondevelopmental item'', ''component'', and ''commercial component'' have the meanings provided in section 403 of this ...


(a) Preference The head of each executive agency shall ensure that, to the maximum extent practicable - (1) requirements of the executive agency with respect to a ...


(a) Prohibition of reprisals An employee of a contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a Member of Congress...


(a) Policy It is the policy of Congress that an executive agency should not be required by legislation to award a new grant for research, development, test, or evaluation to...


...


...


No provision of any contract entered into by the United States, relating to the finality or conclusiveness of any decision of the head of any department or agency or his...


No Government contract shall contain a provision making final on a question of law the decision of any administrative official, representative, or board. ...


(a) Every contract (and any bid specification therefor) entered into by the United States or the District of Columbia in excess of $2,500, except as provided in section 356 of...


(a) Liability of responsible party; withholding payments due on contract; payment of underpaid employees from withheld payments Any violation of any of the contract...


(a) Enforcement of chapter Sections 38 and 39 of this title shall govern the Secretary's authority to enforce this chapter, make rules, regulations, issue orders, hold...


(a) The Comptroller General is directed to distribute a list to all agencies of the Government giving the names of persons or firms that the Federal agencies or the Secretary...


In determining any overtime pay to which such service employees are entitled under any Federal law, the regular or basic hourly rate of pay of such an employee shall not include...


This chapter shall not apply to - (1) any contract of the United States or District of Columbia for construction, alteration and/or repair, including painting ...


For the purposes of this chapter - (a) ''Secretary'' means Secretary of Labor. (b) The term ''service employee'' means any person engaged in the performance of...


It is the intent of the Congress that determinations of minimum monetary wages and fringe benefits for the various classes of service employees under the provisions of paragraphs...


...


As used in this chapter: (1) The term ''executive agency'' means - (A) an executive department specified in section 101 of title 5; (B) a...


(a) There is in the Office of Management and Budget an Office of Federal Procurement Policy (hereinafter referred to as the ''Office'') to provide overall direction...


(a) Development of procurement policy; leadership The Administrator shall provide overall direction of procurement policy and leadership in the development of procurement systems of ...


The Administrator of the Office of Federal Procurement Policy is authorized and directed, pursuant to the authority conferred by Public Law 93-400 (41 U.S.C. 401 et seq.) and...


(a) Issuance of policy and regulations Not later than 90 days after October 1, 1988, the Administrator of the Office of Federal Procurement Policy shall issue a policy, and...


Upon the request of the Administrator, each executive agency is directed to - (1) make its services, personnel, and facilities available to the Office to the...


...


The authority of an executive agency under any other law to prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in section...


...


There is authorized to be appropriated for the Office of Federal Procurement Policy each fiscal year such sums as may be necessary for carrying out the responsibilities of that...


(a) The Administrator may delegate, and authorize successive redelegations of, any authority, function, or power of the Administrator under this chapter (other than the authority to ...


(a) The Administrator and personnel in his Office shall furnish such information as the Comptroller General may require for the discharge of his responsibilities. For this...


(a) The Administrator may develop innovative procurement methods and procedures to be tested by selected executive agencies. In developing any program to test innovative...


To further achieve effective, efficient, and economic administration of the Federal procurement system, the head of each executive agency shall, in accordance with applicable laws, ...


The head of each executive agency that is subject to the provisions of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) shall...


...


(a) Covered executive agency activities; publication of notice; time limitations (1) Except as provided in subsection (c) of this section - (A) an executive...


(a) Establishment and maintenance of computer file by executive agency; time period coverage Each executive agency shall establish and maintain for a period of five years...


(a) Reporting Each Federal agency shall report to the Office of Federal Procurement Policy the number of qualified HUBZone small business concerns, the number of small...


(a) Establishment, designation, etc., in executive agency (1) There is established in each executive agency an advocate for competition. (2) The head of each executive...


(a) Regulations; legitimate proprietary interest of United States The legitimate proprietary interest of the United States and of a contractor in technical or other data shall...


(a) Effective date; procurement policy, regulations, procedure or form; publication in Federal Register Except as provided in subsection (d) of this section, no ...


(a) Limitation on payment for advisory and assistance services (1) No person who is not a person described in subsection (b) of this section may be paid by an executive agency...


...


(a) Establishment There is established a Federal Acquisition Regulatory Council (hereinafter in this section referred to as the ''Council'') to assist in the direction...


(a) Establishment; membership; terms (1) There is established within the Office of Federal Procurement Policy an independent board to be known as the ''Cost Accounting ...


(a) Prohibition on disclosing procurement information (1) A person described in paragraph (2) shall not, other than as provided by law, knowingly disclose contractor bid or proposal ...


...


(a) Nonstandard contract clauses The Federal Acquisition Regulatory Council shall promulgate regulations to discourage the use of a nonstandard contract clause on a...


(a) In general The head of each executive agency, after consulting with the Administrator, shall establish, maintain, and use, to the maximum extent that is practicable...


...


(a) Requirement In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation...


(a) Requirements (1) The head of each executive agency shall ensure that procuring activities of that agency, in awarding a contract with a price exceeding the...


(a) List of inapplicable provisions of law (1) The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts or subcontracts...


(a) List of inapplicable provisions of law (1) The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the ...


(a) Lists of inapplicable provisions of law (1) The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the ...


(a) In general Each executive agency shall establish and maintain cost-effective value engineering procedures and processes. (b) ''Value engineering'' defined As used...


(a) Applicability This section does not apply to an executive agency that is subject to chapter 87 of title 10. (b) Management policies (1) Policies and procedures ...


(a) In general The head of an executive agency should, to the maximum extent practicable, use modular contracting for an acquisition of a major system of information technology. ...


(a) Determination required For purposes of section 2324(e)(1)(P) of title 10 and section 256(e)(1)(P) of this title, the Administrator shall review commercially available...


(a) Prohibition A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive any right under the Constitution for...


...


As used in this chapter - (1) the term ''agency head'' means the head and any assistant head of an executive agency, and may ''upon the designation by'' the head of...


(a) Executive agency contracts Unless otherwise specifically provided herein, this chapter applies to any express or implied contract (including those of the nonappropriated...


Appeals under paragraph (g) of section 607 of this title and suits under section 609 of this title, arising out of maritime contracts, shall be governed by chapter 20 or 22 of...


If a contractor is unable to support any part of his claim and it is determined that such inability is attributable to misrepresentation of fact or fraud on the part of...


(a) Contractor claims All claims by a contractor against the government relating to a contract shall be in writing and shall be submitted to the contracting officer for...


Within ninety days from the date of receipt of a contracting officer's decision under section 605 of this title, the contractor may appeal such decision to an agency board of...


(a) Establishment; consultation; Tennessee Valley Authority (1) Except as provided in paragraph (2) an agency board of contract appeals may be established within an executive...


(a) Accelerated disposition of appeals The rules of each agency board shall include a procedure for the expedited disposition of any appeal from a decision of a ...


(a) Actions in United States Court of Federal Claims; district court actions; time for filing (1) Except as provided in paragraph (2), and in lieu of appealing the decision...


A member of an agency board of contract appeals may administer oaths to witnesses, authorize depositions and discovery proceedings, and require by subpena the attendance...


Interest on amounts found due contractors on claims shall be paid to the contractor from the date the contracting officer receives the claim pursuant to section 605(a) of this...


(a) Judgments Any judgment against the United States on a claim under this chapter shall be paid promptly in accordance with the procedures provided by section 1304 of title 31. ...


If any provision of this chapter, or the application of such provision to any persons or circumstances, is held invalid, the remainder of this chapter, or the application of...


(a) Drug-free workplace requirement (1) Requirement for persons other than individuals No person, other than an individual, shall be considered a responsible source,...


(a) Drug-free workplace requirement (1) Persons other than individuals No person, other than an individual, shall receive a grant from any Federal agency unless such...


A grantee or contractor shall, within 30 days after receiving notice from an employee of a conviction pursuant to section 701(a)(1)(D)(ii) or 702(a)(1)(D)(ii) of this title - ...


(a) In general A termination, suspension of payments, or suspension or debarment under this chapter may be waived by the head of an agency with respect to a particular contract...


Not later than 90 days after November 18, 1988, the governmentwide regulations governing actions under this chapter shall be issued pursuant to the Office of Federal Procurement ...


For purposes of this chapter - (1) the term ''drug-free workplace'' means a site for the performance of work done in connection with a specific grant or contract...


Nothing in this chapter shall be construed to require law enforcement agencies, if the head of the agency determines it would be inappropriate in connection with the...




PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap  | Employee Leasing  | Exploring the Possibilities  | What is Employee Leasing  | Why use a Peo  | Free Advice  | Benefits to  Employees  |  Responsibilities of PEO  | Benefit Package  | HR Management  | Pre-Employment Screening  | The Issue of Control  |  Future of PEO |  Request For Proposal (RFP)  | Contact Us  | Peo Resources |  Terms of Service | FAQ