US CODE COLLECTION
|
|
US CODE COLLECTION
|
|
  |
 |
REFERENCES IN TEXT
The antitrust laws, referred to in subsec. (i), are classified generally to section 1 et seq. of Title 15, Commerce and Trade
AMENDMENTS
Subsecs. (f) to (h). Pub. L. 104-106, Sec. 4104(b)(3), added subsecs. (f) to (h). Former subsecs. (f) to (h) redesignated (i) to (k), respectively.
Subsecs. (i), (j). Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsecs. (f) and (g) as (i) and (j), respectively. Former subsec. (i) redesignated (l).
Subsec. (k). Pub. L. 104-106, Sec. 5607(c), as amended by Pub. L. 104-201, Sec. 1074(b)(7), struck out par. (3) which read as follows: ''Regulations implementing this subsection shall be consistent with the regulations regarding the preparation and submission of an agency's protest file (the so-called 'rule 4 file') for protests to the General Services Board of Contract Appeals under section 759 of title 40.'' Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsec. (h) as (k).
Subsec. (l). Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsec. (i) as (l). Subsec. (m). Pub. L. 104-201, Sec. 821(b), added subsec. (m). 1994 - Subsec. (a). Pub. L. 103-355, Sec. 1061(c)(1), inserted '', and award a contract,'' after ''competitive proposals''.
Subsec. (c). Pub. L. 103-355, Sec. 1061(c)(2), 1063(a), inserted ''in accordance with subsection (a) of this section'' after ''shall evaluate the bids'' in second sentence, substituted ''transmitting, in writing or by electronic means, notice'' for ''transmitting written notice'' in third sentence, and inserted at end ''Within 3 days after the date of contract award, the executive agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.'' Subsec. (d)(1). Pub. L. 103-355, Sec. 1061(c)(3)(A), added par. (1) and struck out former par. (1) which read as follows: ''The executive agency shall evaluate competitive proposals and may award a contract - ''(A) after discussions conducted with the offerors at any time after receipt of the proposals and before the award of the contract; or ''(B) without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) when it can be clearly demonstrated from the existence of full and open competition or accurate prior cost experience with the product or service that acceptance of an initial proposal without discussions would result in the lowest overall cost to the Government.''
Subsec. (d)(2). Pub. L. 103-355, Sec. 1061(c)(3)(C), 1063(b), inserted ''cost or'' before ''price'' in first sentence, and, in second sentence, substituted ''transmitting, in writing or by electronic means, notice'' for ''transmitting written notice'' and '', within 3 days after the date of contract award, shall notify, in writing or by electronic means,'' for ''shall promptly notify''.
Pub. L. 103-355, Sec. 1061(c)(3)(B), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: ''In the case of award of a contract under paragraph (1)(A), the executive agency shall conduct, before such award, written or oral discussions with all responsible sources who submit proposals within the competitive range, considering only price and the other factors included in the solicitation.''
Subsec. (d)(3). Pub. L. 103-355, Sec. 1061(c)(3)(B), struck out par. (3) which read as follows: ''In the case of award of a contract under paragraph (1)(B), the executive agency shall award the contract based on the proposals as received (and as clarified, if necessary, in discussions conducted for the purpose of minor clarification).''
Subsec. (d)(4). Pub. L. 103-355, Sec. 1061(c)(3)(B), redesignated par. (4) as (2). Subsecs. (e) to (g). Pub. L. 103-355, Sec. 1064, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. Subsec. (h). Pub. L. 103-355, Sec. 1065, added subsec. (h). Subsec. (i). Pub. L. 103-355, Sec. 1066, added subsec. (i). 1984 - Subsec. (f). Pub. L. 98-577 added subsec. (f)
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 1074(b)(7) of Pub. L. 104-201 provided that the amendment made by that section is effective Feb. 10, 1996.
For effective date and applicability of amendment by sections 4103(b) and 4104(b) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title.
Amendment by section 5607(c) of Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, set out as an Effective Date note under section 1401 of Title 40, Public Buildings, Property, and Works
EFFECTIVE DATE OF 1994 AMENDMENT
For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of this title
EFFECTIVE DATE OF 1984 AMENDMENT
EFFECTIVE DATE
Section applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note under section 251 of this title
SMALL BUSINESS ACT
EX. ORD. NO. 12979. AGENCY PROCUREMENT PROTESTS
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure effective and efficient expenditure of public funds and fair and expeditious resolution of protests to the award of Federal procurement contracts, it is hereby ordered as follows: Section 1. Heads of executive departments and agencies (''agencies'') engaged in the procurement of supplies and services shall prescribe administrative procedures for the resolution of protests to the award of their procurement contracts as an alternative to protests in fora outside the procuring agencies. Procedures prescribed pursuant to this order shall:
emphasize that whenever conduct of a procurement is contested, all parties should use their best efforts to resolve the matter with agency contracting officers;
to the maximum extent practicable, provide for inexpensive, informal, procedurally simple, and expeditious resolution of protests, including, where appropriate and as permitted by law, the use of alternative dispute resolution techniques, third party neutrals, and another agency's personnel;
allow actual or prospective bidders or offerors whose direct economic interests would be affected by the award or failure to award the contract to request a review, at a level above the contracting officer, of any decision by a contracting officer that is alleged to have violated a statute or regulation and, thereby, caused prejudice to the protester; and
except where immediate contract award or performance is justified for urgent and compelling reasons or is determined to be in the best interest of the United States, prohibit award or performance of the contract while a timely filed protest is pending before the agency. To allow for the withholding of a contract award or performance, the agency must have received notice of the protest within either 10 calendar days after the contract award or 5 calendar days after the bidder or offeror who is protesting the contract award was given the opportunity to be debriefed by the agency, whichever date is later. Sec. 2. The Administrator for Federal Procurement Policy shall:
work with the heads of executive agencies to provide policy guidance and leadership necessary to implement provisions of this order; and
review and evaluate agency experience and performance under this order, and report on any findings to the President within 2 years from the date of this order.
Sec. 3. The Administrator of General Services, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, in coordination with the Office of Federal Procurement Policy, shall amend the Federal Acquisition Regulation, 48 C.F.R. 1, within 180 days of the date of this order to further the purposes of this order. William J. Clinton
DEFINITIONS
SECTION REFERRED TO IN OTHER SECTIONS
 |  |  |