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Title 41
FEDERAL · U.S. CODE
Title 41 — Public Contracts
241 sections across 27 chapters.
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Chapter 1
DEFINITIONS
§ 101
Administrator
§ 102
Commercial component
§ 103
Commercial product
§ 103a
Commercial service
§ 104
Commercially available off-the-shelf item
§ 105
Component
§ 106
Federal Acquisition Regulation
§ 107
Full and open competition
§ 108
Item and item of supply
§ 109
Major system
§ 110
Nondevelopmental item
§ 111
Procurement
§ 112
Procurement system
§ 113
Responsible source
§ 114
Standards
§ 115
Supplies
§ 116
Technical data
§ 131
Acquisition
§ 132
Competitive procedures
§ 133
Executive agency
§ 134
Simplified acquisition threshold
§ 151
Agency head
§ 152
Competitive procedures
§ 153
Simplified acquisition threshold for contract in support of humanitarian or peacekeeping operation
Chapter 11
ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF ADMINISTRATOR
§ 1101
Office of Federal Procurement Policy
§ 1102
Administrator
§ 1121
General authority
§ 1122
Functions
§ 1123
Small business concerns
§ 1124
Tests of innovative procurement methods and procedures
§ 1125
Recipients of Federal grants or assistance
§ 1126
Policy regarding consideration of contractor past performance
§ 1127
Determining benchmark compensation amount
§ 1128
Maintaining necessary capability with respect to acquisition of architectural and engineering services
§ 1129
Center of excellence in contracting for services
§ 1130
Effect of division on other law
§ 1131
Annual report
Chapter 12
FEDERAL ACQUISITION INSTITUTE
§ 1201
Federal Acquisition Institute
Chapter 13
ACQUISITION COUNCILS
§ 1301
Definition
§ 1302
Establishment and membership
§ 1303
Functions and authority
§ 1304
Contract clauses and certifications
§ 1311
Establishment and membership
§ 1312
Functions
§ 1321
Definitions
§ 1322
Federal Acquisition Security Council establishment and membership
§ 1323
Functions and authorities
§ 1324
Strategic plan
§ 1325
Annual report
§ 1326
Requirements for executive agencies
§ 1327
Judicial review procedures
§ 1328
Termination
Chapter 15
COST ACCOUNTING STANDARDS
§ 1501
Cost Accounting Standards Board
§ 1502
Cost accounting standards
§ 1503
Contract price adjustment
§ 1504
Effect on other standards and regulations
§ 1505
Examinations
§ 1506
Authorization of appropriations
Chapter 17
AGENCY RESPONSIBILITIES AND PROCEDURES
§ 1701
Cooperation with the Administrator
§ 1702
Chief Acquisition Officers and senior procurement executives
§ 1703
Acquisition workforce
§ 1704
Planning and policy-making for acquisition workforce
§ 1705
Advocates for competition
§ 1706
Personnel evaluation
§ 1707
Publication of proposed regulations
§ 1708
Procurement notice
§ 1709
Contracting functions performed by Federal personnel
§ 1710
Public-private competition required before conversion to contractor performance
§ 1711
Value engineering
§ 1712
Record requirements
§ 1713
Procurement data
Chapter 19
SIMPLIFIED ACQUISITION PROCEDURES
§ 1901
Simplified acquisition procedures
§ 1902
Procedures applicable to purchases below micro-purchase threshold
§ 1903
Special emergency procurement authority
§ 1904
Certain transactions for defense against attack
§ 1905
List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold
§ 1906
List of laws inapplicable to procurements of commercial products and commercial services
§ 1907
List of laws inapplicable to procurements of commercially available off-the-shelf items
§ 1908
Inflation adjustment of acquisition-related dollar thresholds
§ 1909
Management of purchase cards
Chapter 21
RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION
§ 2101
Definitions
§ 2102
Prohibitions on disclosing and obtaining procurement information
§ 2103
Actions required of procurement officers when contacted regarding non-Federal employment
§ 2104
Prohibition on former official's acceptance of compensation from contractor
§ 2105
Penalties and administrative actions
§ 2106
Reporting information believed to constitute evidence of offense
§ 2107
Savings provisions
Chapter 23
MISCELLANEOUS
§ 2301
Use of electronic commerce in Federal procurement
§ 2302
Rights in technical data
§ 2303
Ethics safeguards related to contractor conflicts of interest
§ 2304
Conflict of interest standards for consultants
§ 2305
Authority of Director of Office of Management and Budget not affected
§ 2306
Openness of meetings
§ 2307
Comptroller General's access to information
§ 2308
Modular contracting for information technology
§ 2309
Protection of constitutional rights of contractors
§ 2310
Performance-based contracts or task orders for services to be treated as contracts for the procurement of commercial items
§ 2311
Enhanced transparency on interagency contracting and other transactions
§ 2312
Contingency Contracting Corps
§ 2313
Database for Federal agency contract and grant officers and suspension and debarment officials
Chapter 31
GENERAL
§ 3101
Applicability
§ 3102
Delegation and assignment of powers, functions, and responsibilities
§ 3103
Acquisition programs
§ 3104
Small business concerns
§ 3105
New contracts and grants and merit-based selection procedures
§ 3106
Erection, repair, or furnishing of public buildings and improvements not authorized, and certain contracts not permitted, by this division
Chapter 33
PLANNING AND SOLICITATION
§ 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 products and commercial services
§ 3308
Planning for future competition in contracts for major systems
§ 3309
Design-build selection procedures
§ 3310
Quantities to order
§ 3311
Qualification requirement
§ 3312
Database on price trends of items and services under Federal contracts
Chapter 35
TRUTHFUL COST OR PRICING DATA
§ 3501
General
§ 3502
Required cost or pricing data and certification
§ 3503
Exceptions
§ 3504
Cost or pricing data on below-threshold contracts
§ 3505
Submission of other information
§ 3506
Price reductions for defective cost or pricing data
§ 3507
Interest and penalties for certain overpayments
§ 3508
Right to examine contractor records
§ 3509
Notification of violations of Federal criminal law or overpayments
Chapter 37
AWARDING OF CONTRACTS
§ 3701
Basis of award and rejection
§ 3702
Sealed bids
§ 3703
Competitive proposals
§ 3704
Post-award debriefings
§ 3705
Pre-award debriefings
§ 3706
Encouragement of alternative dispute resolution
§ 3707
Antitrust violations
§ 3708
Protests
Chapter 39
SPECIFIC TYPES OF CONTRACTS
§ 3901
Contracts awarded using procedures other than sealed-bid procedures
§ 3902
Severable services contracts for periods crossing fiscal years
§ 3903
Multiyear contracts
§ 3904
Contract authority for severable services contracts and multiyear contracts
§ 3905
Cost contracts
§ 3906
Cost-reimbursement contracts
Chapter 41
TASK AND DELIVERY ORDER CONTRACTS
§ 4101
Definitions
§ 4102
Authorities or responsibilities not affected
§ 4103
General authority
§ 4104
Guidance on use of task and delivery order contracts
§ 4105
Advisory and assistance services
§ 4106
Orders
Chapter 43
ALLOWABLE COSTS
§ 4301
Definitions
§ 4302
Adjustment of threshold amount of covered contract
§ 4303
Effect of submission of unallowable costs
§ 4304
Specific costs not allowable
§ 4305
Required regulations
§ 4306
Applicability of regulations to subcontractors
§ 4307
Contractor certification
§ 4308
Penalties for submission of cost known to be unallowable
§ 4309
Burden of proof on contractor
§ 4310
Proceeding costs not allowable
Chapter 45
CONTRACT FINANCING
§ 4501
Authority of executive agency
§ 4502
Payment
§ 4503
Security for advance payments
§ 4504
Conditions for progress payments
§ 4505
Payments for commercial products and commercial services
§ 4506
Action in case of fraud
Chapter 47
MISCELLANEOUS
§ 4701
Determinations and decisions
§ 4702
Prohibition on release of contractor proposals
§ 4703
Validation of proprietary data restrictions
§ 4704
Prohibition of contractors limiting subcontractor sales directly to Federal Government
§ 4705
Protection of contractor employees from reprisal for disclosure of certain information
§ 4706
Examination of facilities and records of contractor
§ 4707
Remission of liquidated damages
§ 4708
Payment of reimbursable indirect costs in cost-type research and development contracts with educational institutions
§ 4709
Implementation of electronic commerce capability
§ 4710
Limitations on tiering of subcontractors
§ 4711
Linking of award and incentive fees to acquisition outcomes
§ 4712
Enhancement of contractor protection from reprisal for disclosure of certain information
§ 4713
Authorities relating to mitigating supply chain risks in the procurement of covered articles
§ 4714
Prohibition on criminal history inquiries by contractors prior to conditional offer
Chapter 61
ADVERTISING
§ 6101
Advertising requirement for Federal Government purchases and sales
§ 6102
Exceptions from advertising requirement
§ 6103
Opening of bids
Chapter 63
GENERAL CONTRACT PROVISIONS
§ 6301
Authorization requirement
§ 6302
Contracts for fuel made by Secretary of the Army
§ 6303
Certain contracts limited to appropriated amounts
§ 6304
Certain contracts limited to one-year term
§ 6305
Prohibition on transfer of contract and certain allowable assignments
§ 6306
Prohibition on Members of Congress making contracts with Federal Government
§ 6307
Contracts with Federal Government-owned establishments and availability of appropriations
§ 6308
Contracts for transportation of Federal Government securities
§ 6309
Honorable discharge certificate in lieu of birth certificate
§ 6310
Requirement for agencies to buy domestically made United States flags
Chapter 65
CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $10,000
§ 6501
Definitions
§ 6502
Required contract terms
§ 6503
Breach or violation of required contract terms
§ 6504
Three-year prohibition on new contracts in case of breach or violation
§ 6505
Exclusions
§ 6506
Administrative provisions
§ 6507
Hearing authority and procedures
§ 6508
Authority to make exceptions
§ 6509
Other procedures
§ 6510
Manufacturers and regular dealers
§ 6511
Effect on other law
Chapter 67
SERVICE CONTRACT LABOR STANDARDS
§ 6701
Definitions
§ 6702
Contracts to which this chapter applies
§ 6703
Required contract terms
§ 6704
Limitation on minimum wage
§ 6705
Violations
§ 6706
Three-year prohibition on new contracts in case of violation
§ 6707
Enforcement and administration of chapter
Chapter 71
CONTRACT DISPUTES
§ 7101
Definitions
§ 7102
Applicability of chapter
§ 7103
Decision by contracting officer
§ 7104
Contractor's right of appeal from decision by contracting officer
§ 7105
Agency boards
§ 7106
Agency board procedures for accelerated and small claims
§ 7107
Judicial review of agency board decisions
§ 7108
Payment of claims
§ 7109
Interest
Chapter 81
DRUG-FREE WORKPLACE
§ 8101
Definitions and construction
§ 8102
Drug-free workplace requirements for Federal contractors
§ 8103
Drug-free workplace requirements for Federal grant recipients
§ 8104
Employee sanctions and remedies
§ 8105
Waiver
§ 8106
Regulations
Chapter 83
BUY AMERICAN
§ 8301
Definitions
§ 8302
American materials required for public use
§ 8303
Contracts for public works
§ 8304
Waiver rescission
§ 8305
Annual report
Chapter 85
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
§ 8501
Definitions
§ 8502
Committee for Purchase From People Who Are Blind or Severely Disabled
§ 8503
Duties and powers of the Committee
§ 8504
Procurement requirements for the Federal Government
§ 8505
Audit
§ 8506
Authorization of appropriations
Chapter 87
KICKBACKS
§ 8701
Definitions
§ 8702
Prohibited conduct
§ 8703
Contractor responsibilities
§ 8704
Inspection authority
§ 8705
Administrative offsets
§ 8706
Civil actions
§ 8707
Criminal penalties