Page:United States Statutes at Large Volume 124.djvu/3771

124 STAT. 3745 PUBLIC LAW 111–350—JAN. 4, 2011 § 3106. Erection, repair, or furnishing of public buildings and improvements not authorized, and certain contracts not permitted, by this division This division does not— (1) authorize the erection, repair, or furnishing of a public building or public improvement; or (2) permit a contract for the construction or repair of a building, road, sidewalk, sewer, main, or similar item using procedures other than sealed-bid procedures under section 3301(b)(1)(A) of this title if the conditions set forth in section 3301(b)(1)(A) of this title apply or the contract is to be per- formed outside the United States. CHAPTER 33—PLANNING AND SOLICITATION Sec. 3301. Full and open competition. 3302. Requirements for purchase of property and services pursuant to multiple award contracts. 3303. Exclusion of particular source or restriction of solicitation to small business concerns. 3304. Use of noncompetitive procedures. 3305. Simplified procedures for small purchases. 3306. Planning and solicitation requirements. 3307. Preference for commercial items. 3308. Planning for future competition in contracts for major systems. 3309. Design-build selection procedures. 3310. Quantities to order. 3311. Qualification requirement. § 3301. Full and open competition (a) IN GENERAL.—Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement proce- dures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall— (1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and (2) use the competitive procedure or combination of competi- tive procedures that is best suited under the circumstances of the procurement. (b) APPROPRIATE COMPETITIVE PROCEDURES.— (1) USE OF SEALED BIDS.—In determining the competitive procedures appropriate under the circumstance, an executive agency shall— (A) solicit sealed bids if— (i) time permits the solicitation, submission, and evaluation of sealed bids; (ii) the award will be made on the basis of price and other price-related factors; (iii) it is not necessary to conduct discussions with the responding sources about their bids; and (iv) there is a reasonable expectation of receiving more than one sealed bid; or (B) request competitive proposals if sealed bids are not appropriate under subparagraph (A). (2) SEALED BID NOT REQUIRED.—Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) of title 23 applies.