U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division A— General › Chapter CHAPTER 1— DEFINITIONS › Subchapter SUBCHAPTER III— DIVISION C DEFINITIONS

41 U.S.C. § 152

Competitive procedures

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In division C, the term “competitive procedures” means procedures under which an executive agency enters into a contract pursuant to full and open competition. The term also includes—(1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;(2) the competitive selection of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of those proposals;(3) the procedures established by the Administrator of General Services for the multiple awards schedule program of the General Services Administration if—(A) participation in the program has been open to all responsible sources; and(B) orders and contracts under those procedures result in the lowest overall cost alternative to meet the needs of the Federal Government;(4) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for those procurements are permitted to compete; and(5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of that Act (15 U.S.C. 638).(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3683.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

152

41:259(b).

June 30, 1949, ch. 288, § 309(b), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, § 504(a)(3), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 105–85, title X, § 1073(g)(1), Nov. 18, 1997, 111 Stat. 1906.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1956–2025 · leading case: John Reiner & Co., Individually & to the Use of Kurz & Root Co. (Inc.) v. The United States, 325 F.2d 438 (Ct. Cl. 1963).
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John Reiner & Co., Individually & to the Use of Kurz & Root Co. (Inc.) v. The United States, 325 F.2d 438 (Ct. Cl. 1963). · cites it 3× “551 -52 (1955), 41 U.S.C. § 152 (1952 ed.), was stifled, it is said, by allowing bidders to present their own delivery program, no matter how protracted.”
Nat'l Gov't Servs. v. United States, 923 F.3d 977 (Fed. Cir. 2019). “" 41 U.S.C. § 152 . The FAR explains that " 41 U.”
Heyer Prods. Co. v. United States, 140 F. Supp. 409 (Ct. Cl. 1956). · cites it 2× “" 41 U.S.C.A. § 152 (b). So, if an award is made to a bidder whose bid was not "most advantageous to the Government, price and other factors considered", and the Act was, therefore, violated, it is only the public who has a cause for complaint, and not an unsuccessful bidder.”
Res-Care, Inc. v. United States, 735 F.3d 1384 (Fed. Cir. 2013). “§ 3303 (b) (providing that “competitive procedures” shall be used for small business set-asides); 41 U.S.C. § 152 (4) (defining “competitive procedures” to include competition limited to further Small Business Act).”
Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956). “to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered . . . .” The report from the Committee on Armed Services of the House of Representatives indicated some of the factors to…”
Res-Care, Inc. v. United States, 107 Fed. Cl. 136 (Fed. Cl. 2012). “The term also includes— (4) procurements conducted in furtherance of section 15 of the Small Business Act .”
United States Ex Rel. Fine v. Travelers Indem. Co., 215 F. Supp. 455 (W.D. Mo. 1963). “pt was significantly noted in the last sentence of Section 1594(a) which required that “Before the Secretary shall enter into any contract as authorized by this section for the construction of housing, he shall invite the submission of competitive bids after advertising in the…”
Octo Consulting Grp., Inc. v. United States, 124 Fed. Cl. 462 (Fed. Cl. 2015). “405-3 , Blanket Purchase Agreements; Federal Agency Procurement, 41 U.S.C. § 152 (3); Interested Party, 28 U.”
Sol O. Schlesinger, T/a Ideal Unif. Cap Co. v. Thomas S. Gates, Jr., Sec'y of the Navy, 249 F.2d 111 (D.C. Cir. 1957). “See especially 41 U.S.C. § 152 (b), providing that contract awards are to be made to “responsible bidder[s].”
Top Gun Servs., LLC v. United States (Fed. Cl. 2020). “(quoting 41 U.S.C. § 152 ). Under CICA, 41 U.S.C. § 3301 , AbilityOne procurements are considered “other than competitive” procurements, thus exempting them from the standard “full and open” competition.”
Melwood Horticultural Training Ctr., Inc. v. United States (Fed. Cl. 2021). “§ 2302 (2); 41 U.S.C. § 152 . Typically, when Federal agencies identify suitable products or services to be placed on the Procurement List, they provide AbilityOne or the designated CNA (here SourceAmerica) with information, such as “the latest solicitation and amendments, bid…”
Sharpe v. Structural Pest Control Bd. CA1/5 (Cal. Ct. App. 2022). “) The federal Armed Services Procurement Act of 1947 ( 41 U.S.C. § 152 ) provided that the contract should be awarded “ ‘to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered.”
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