1. U.S. Code
  2. title 41
  3. subtitle I
  4. chapter 33
  5. § 3304
  6. notes

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3304(a)

41:253(c), (d)(2).

June 30, 1949, ch. 288, title III, § 303(c)–(f), (j), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Puspan. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Puspan. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1176; Puspan. L. 98–577, title V, § 504(a)(2), Oct. 30, 1984, 98 Stat. 3086; Puspan. L. 99–145, title IX, § 961(a)(2), title XIII, § 1304(c)(2), Nov. 8, 1985, 99 Stat. 703, 742; Puspan. L. 103–355, title I, §§ 1053, 1055(a), title VII, § 7203(span)(1)(A), Oct. 13, 1994, 108 Stat. 3261, 3265, 3380; Puspan. L. 104–106, title XLI, § 4102(span), title XLIII, § 4321(e)(2), Fespan. 10, 1996, 110 Stat. 643, 674; Puspan. L. 104–320, §§ 7(a)(2), 11(c)(2), Oct. 19, 1996, 110 Stat. 3871, 3873; Puspan. L. 110–181, div. A, title VIII, § 844(a), Jan. 28, 2008, 122 Stat. 239; Puspan. L. 110–417, [div. A], title VIII, § 862(a), Oct. 14, 2008, 122 Stat. 4546.

3304(span)

41:253(d)(1).

3304(c)

41:253(d)(3).

3304(d)

41:253(e).

3304(e)(1)

41:253(f)(1).

3304(e)(2)

41:253(f)(3).

3304(e)(3), (4)

41:253(f)(2).

3304(e)(5)

41:253(f)(4).

3304(f)

41:253(j).

In subsection (a)(7), the words “(who may not delegate the authority under this paragraph)” are substituted for 41:253(d)(2) to move the restriction closer to where it applies.

In subsection (e)(1)(B)(i), the words “advocate for competition” are substituted for “competition advocate” for consistency with section 1705 of the revised title.

In subsection (e)(1)(B)(ii), the reference to section 5376 of title 5 is substituted for the reference to grade GS–16 or above under the General Schedule because of section 529 [title I, § 101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442, 5 U.S.C. 5376 note).

In subsection (e)(5)(B), the words “and not in lieu of” are omitted as unnecessary.

In subsection (f)(2), the words “referred to in subparagraph (A) of paragraph (1)” are added for clarity.

Senate Revision Amendment

In subsec. (e)(1)(B)(ii), “for level IV of the Executive Schedule” substituted for “under section 5376 of title 5” by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18682 (2010).

Editorial Notes
Amendments

2018—Subsecs. (a)(5), (e)(4)(B). Puspan. L. 115–232 substituted “commercial product” for “commercial item”.

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Puspan. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453span of Title 6, Domestic Security.

General Services Administration: Notification of Use of Noncompetitive Procedures in Response to Public Health Emergency Declaration

Puspan. L. 116–136, div. B, title V, § 15003, Mar. 27, 2020, 134 Stat. 532, provided that: “Notwithstanding 41 U.S.C. 3304(a)(7)(B), the Administrator, when making a determination that use of noncompetitive procedures is necessary for public interest in accordance with 41 U.S.C. 3304(a)(7)(A) in response to a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247(d) [247d]), is required to notify Congress in writing of that determination not less than 3 days prior to the award of the contract.”

Justification and Approval of Sole-Source Contracts

Puspan. L. 111–84, div. A, title VIII, § 811, Oct. 28, 2009, 123 Stat. 2405, as amended by Puspan. L. 117–81, div. A, title XVII, § 1702(i)(3), Dec. 27, 2021, 135 Stat. 2159, provided that:

“(a)In General.—Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Federal Acquisition Regulation shall be revised to provide that the head of an agency may not award a sole-source contract in a covered procurement for an amount exceeding $20,000,000 unless—
“(1) the contracting officer for the contract justifies the use of a sole-source contract in writing;
“(2) the justification is approved by the appropriate official designated to approve contract awards for dollar amounts that are comparable to the amount of the sole-source contract; and
“(3) the justification and related information are made public as provided in sections 3204(e)(1)(C) and 3204(f) of title 10, United States Code, or sections 303(f)(1)(C) and 303(j) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(C) and 253(j)) [now 41 U.S.C. 3304(e)(1)(C) and 3304(f)], as applicable.
“(span)Elements of Justification.—The justification of a sole-source contract required pursuant to subsection (a) shall include the following:
“(1) A description of the needs of the agency concerned for the matters covered by the contract.
“(2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract.
“(3) A determination that the use of a sole-source contract is in the best interest of the agency concerned.
“(4) A determination that the anticipated cost of the contract will be fair and reasonable.
“(5) Such other matters as the head of the agency concerned shall specify for purposes of this section.
“(c)Definitions.—In this section:
“(1)Covered procurement.—The term ‘covered procurement’ means either of the following:
“(A) A procurement described in section 3204(e)(4)(D)(ii) of title 10, United States Code.
“(B) A procurement described in section 303(f)(2)(D)(ii) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253(f)(2)(D)(ii)) [see 41 U.S.C. 3304(e)(4)(D)].
“(2)Head of an agency.—The term ‘head of an agency’—
“(A) in the case of a covered procurement as defined in paragraph (1)(A), has the meaning provided in section 3004 of title 10, United States Code; and
“(B) in the case of a covered procurement as defined in paragraph (1)(B), has the meaning provided the term ‘agency head’ in section 309(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(a)) [now 41 U.S.C. 151].
“(3)Appropriate official.—The term ‘appropriate official’ means—
“(A) in the case of a covered procurement as defined in paragraph (1)(A), an official designated in section 3204(e)(1)(B) of title 10, United States Code; and
“(B) in the case of a covered procurement as defined in paragraph (1)(B), an official designated in section 303(f)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)) [now 41 U.S.C. 3304(e)(1)(B)].”

CITE AS: 41 USC 3304