41 U.S.C. § 5

COUNCIL.

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“(a)Establishment.—Not later than 45 days after the date of enactment of this Act [Feb. 22, 2022], the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)).“(b)Working Group.—The Council may form a working group to address the requirements of this section, which, if formed, shall—“(1) be chaired by the Administrator or a designee of the Administrator; and“(2) be composed of—“(A) the Chief Procurement Officer of the Department;“(B) Council members from—“(i) the General Services Administration;“(ii) the Department of Defense;“(iii) the Department of the Treasury;“(iv) the Department of Veterans Affairs;“(v) the Department of Health and Human Services;“(vi) the Small Business Administration; and“(vii) such other Federal agencies as determined by the chair of the Council from among Federal agencies that have demonstrated significant, sustained progress using innovative acquisition practices and technologies, including for small business contracting, during each of the 3 years preceding the date of enactment of this Act; and“(C) other employees, as determined appropriate by the chair of the Council, of Federal agencies with the requisite senior experience to make recommendations to improve Federal agency efficiency, effectiveness, and economy, including in promoting small business contracting.“(c)Duties of the Council.—The Council, or a working group formed under subsection (b), shall—“(1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and“(2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1).“(d)Report.—“(1)In general.—Not later than 1 year after the date of enactment of this Act, the Council shall submit to the appropriate congressional committees a report that describes—“(A) innovative acquisition practices and applications of technologies that have worked well in achieving better procurement outcomes, including increased efficiency, improved program outcomes, better customer experience, and meeting or exceeding the goals under section 15(g) of the Small Business Act (15 U.S.C. 644(g)), and the reasons why those practices have succeeded;“(B) steps to identify and adopt transformational commercial business practices, modernized data analytics, and advanced technologies that allow decision making to occur in a more friction-free buying environment and improve customer experience; and“(C) any recommendations for statutory changes to accelerate the adoption of innovative acquisition practices.“(2)Briefing.—Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3).“(3)Publication and dissemination of report findings.—To promote more rapid adoption of acquisition best practices, the Administrator shall—“(A) publish the report required under paragraph (1) on the website of the Office of Management and Budget and on the Innovation Hub on the Acquisition Gateway or any successor Government-wide site available for increasing awareness of resources dedicated to procurement innovation; and“(B) encourage the head of each Federal agency to maintain a site on the website of the Federal agency for acquisition and contracting professionals, program managers, members of the public, and others as appropriate that is—“(i) dedicated to acquisition innovation; and“(ii) identifies— “(I) resources, including the acquisition innovation advocate and industry liaison of the Federal agency; “(II) learning assets for the workforce, including the findings and recommendations made in the report required under paragraph (1); “(III) events to build awareness and understanding of innovation activities; “(IV) award recognition programs and recent recipients; and “(V) upcoming plans to leverage innovative practices and technologies.“(e)Experts.—In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts.“(f)Termination.—The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2).”

Notes of Decisions

Cited in 37 cases, 1932–2013 · leading case: Andrus v. Glover Constr. Co., 446 U.S. 608 (1980).

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Andrus v. Glover Constr. Co., 446 U.S. 608 (1980). · cites it 4× “The respondent alleged that the petitioners were required by § 3709 of the Revised Statutes, 41 U. S. C. § 5 , and Title III of the FPASA to advertise publicly for bids on the Honobia Road project.”

New York Mail & Newspaper Transp. Co. v. United States, 154 F. Supp. 271 (Ct. Cl. 1957). · cites it 12× “41 U.S.C. § 5 , 41 U.S.C.A. § 5 . There is no indication of exigency.”

Lebron v. Nat'l R.R. Passenger Corp., 513 U.S. 374 (1995). · cites it 2× “, and the laws governing Government procurement, see 41 U. S. C. § 5 et seq. (1988 ed. and Supp.”

Penn Dairies, Inc. v. Milk Control Comm'n of Pa., 318 U.S. 261 (1943). · cites it 4× “Section 3709 of the Revised Statutes, 41 U.S.C. § 5 , requires public advertising for all government purchases save "when immediate delivery or performance is required by the public exigency.”

United States Ex Rel. Marcus v. Hess, 317 U.S. 537 (1943). · cites it 2× “For the general federal competitive bidding statute see 41 U.S.C. § 5 . [4] "Statutes providing for actions by a common informer, who himself has no interest whatever in the controversy other than that given by statute, have been in existence for hundreds of years in England,…”

United States v. Brookridge Farm, Inc., 111 F.2d 461 (10th Cir. 1940). · cites it 4× “Section 3709, Revised Statutes, 41 U.S.C.A. § 5 , is a general statute having application to all departments of the Government.”

Goldhaber v. Foley, 519 F. Supp. 466 (E.D. Pa. 1981). · cites it 3× “was compelled to use competitive bidding, pursuant to 41 U.S.C. § 5 , but merely that it acted within its authority in using such procedures.”

Scanwell Labs., Inc. v. John H. Shaffer, Adm'r (Acting) of the Fed. Aviation Admin., 424 F.2d 859 (D.C. Cir. 1970). “2d 96 (1955), and delimited standing under its provisions in the following terms: Plaintiff contends that the contract between the defendants and Avis is illegal on the ground that it was entered into without previous advertising for proposals, as 41 U.S.C.A. § 5 requires. But…”

S. J. Groves & Sons Co. v. United States, 495 F. Supp. 201 (D. Colo. 1980). · cites it 2× “14-06-D-7566, dated July 15, 1974, was bid, executed, and administered pursuant to the Federal Property and Administrative Services Act, 41 U.S.C. §§ 5 and 252. Plaintiff alleges that the defendant officers exceeded their statutory and contractual authority by directing…”

O'BRIEN v. Carney, 6 F. Supp. 761 (D. Mass. 1934). · cites it 4× “§ 3709, 41 U. S. C. § 5 (41 USCA § 5), requires that purchases and contracts for supplies in any department of government shall be made by due advertising for proposals except when the public exigencies require immediate delivery.”

Airline Const. v. Ascension Par. Sch. Bd., 568 So. 2d 1029 (La. 1990). “1108 (1940) (the federal Public Bid Law, 41 U.S.C. § 5 , was not enacted for the protection of bidders and confers no enforceable rights upon them); Sutter Brothers Construction Co.”

Glover Constr. Co. v. Andrus, 451 F. Supp. 1102 (E.D. Okla. 1978). · cites it 5× “Plaintiff contends that it is entitled to summary judgment on its claim that the policy of the Bureau of Indian Affairs (BIA) of entering into contractual negotiations with wholly Indian owned companies *1104 regarding road construction without complying with the advertising…”

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