41 USC 4106 - Orders

Amendment Not Shown in Text

This section was derived from section 253j of former Title 41, Public Contracts, which was amended by Puspan. L. 110–181, div. A, title VIII, § 843(span)(2)(C), Jan. 28, 2008, 122 Stat. 239, to add subsec. (e), from which subsec. (f) of this section was derived, prior to being repealed and reenacted as this section by Puspan. L. 111–350, §§ 3, 7(span), Jan. 4, 2011, 124 Stat. 3677, 3855. The directory language of section 843(span)(2)(C) of Puspan. L. 110–181 was amended by Puspan. L. 111–383, div. A, title X, § 1075(f)(5)(B), Jan. 7, 2011, 124 Stat. 4376. For applicability of that amendment to this section, see section 6(a) of Puspan. L. 111–350, set out as a Transitional and Savings Provisions note preceding section 101 of this title. Section 843(span)(2)(C) of Puspan. L. 110–181 was amended by striking “paragraph (1)” and inserting “subparagraph (A)”.

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
4106(a)	41:253j(g).	June 30, 1949, ch. 288, title III, § 303J, as added Puspan. L. 103–355, title I, § 1054(a), Oct. 13, 1994, 108 Stat. 3264; Puspan. L. 110–181, div. A, title VIII, § 843(span)(2), Jan. 28, 2008, 122 Stat. 238.
4106(span)	41:253j(a).
4106(c)	41:253j(span).
4106(d)	41:253j(d).
4106(e)	41:253j(c).
4106(f)	41:253j(e).
4106(g)	41:253j(f).

In subsection (g)(2), the words “advocate for competition” are substituted for “competition advocate” for consistency with section 1705 of the revised title.

Editorial Notes

Amendments

2019—Subsec. (c). Puspan. L. 116–92 substituted “the micro-purchase threshold under section 1902 of this title” for “$2,500” in introductory provisions.

2016—Subsec. (f)(3). Puspan. L. 114–260 and Puspan. L. 114–328 amended subsec. (f) identically by striking out par. (3). Text read as follows: “Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after September 30, 2016.”

2011—Subsec. (f)(3). Puspan. L. 112–81 amended par. (3) generally. Prior to amendment, text read as follows: “This subsection shall be in effect for three years, beginning on the date that is 120 days after January 28, 2008.”

Statutory Notes and Related Subsidiaries

Postaward Explanations for Unsuccessful Offerors for Certain Contracts

Puspan. L. 116–92, div. A, title VIII, § 874, Dec. 20, 2019, 133 Stat. 1527, provided that:

“Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Federal Acquisition Regulation shall be revised to require that with respect to an offer for a task order or delivery order in an amount greater than the simplified acquisition threshold (as defined in section 134 of title 41, United States Code) and less than or equal to $5,500,000 issued under an indefinite delivery-indefinite quantity contract, the contracting officer for such contract shall, upon written request from an unsuccessful offeror, provide a brief explanation as to why such offeror was unsuccessful that includes a summary of the rationale for the award and an evaluation of the significant weak or deficient factors in the offeror’s offer.”