2014 US Code
Title 41 - Public Contracts (Sections 101 - 8707)
Subtitle I - Federal Procurement Policy (Sections 101 - 4712)
Division C - Procurement (Sections 3101 - 4712)
Chapter 39 - Specific Types of Contracts (Sections 3901 - 3906)
Sec. 3901 - Contracts awarded using procedures other than sealed-bid procedures
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle I - Federal Procurement Policy Division C - Procurement CHAPTER 39 - SPECIFIC TYPES OF CONTRACTS Sec. 3901 - Contracts awarded using procedures other than sealed-bid procedures |
Contains | section 3901 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3774. |
Statutes at Large References | 63 Stat. 395 98 Stat. 1184 108 Stat. 3341 124 Stat. 3774 |
Public and Private Laws | Public Law 98-369, Public Law 103-355, Public Law 111-350 |
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(a) Authorized Types.—Except as provided in section 3905 of this title, contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.
(b) Required Warranty.—
(1) Content.—Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.
(2) Remedy for breach or violation.—For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.
(3) Nonapplication.—Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial items.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3774.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3901 | 41:254(a). | June 30, 1949, ch. 288, title III, §304(a), 63 Stat. 395; Pub. L. 98–369, div. B, title VII, §2714(a)(3)(A), (B), July 18, 1984, 98 Stat. 1184; Pub. L. 103–355, title IV, §4103(c), title VIII, §8204(b), Oct. 13, 1994, 108 Stat. 3341, 3396. |
In subsection (b)(2), the words "in its discretion" are omitted as unnecessary.
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