Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "41 U.S.C. § 3901"
description: "Contracts awarded using procedures other than sealed-bid procedures"
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title_number: 41
title_name: "PUBLIC CONTRACTS"
chapter_number: "39"
chapter_name: "SPECIFIC TYPES OF CONTRACTS"
section: "3901"
citation: "41 U.S.C. § 3901"
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---
# 41 U.S.C. § 3901 - Contracts awarded using procedures other than sealed-bid procedures
## Text
(a) Authorized Types.— Except as provided in section 3905 of this title, contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.
(b) Required Warranty.— (1) Content.— Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.
(2) Remedy for breach or violation.— For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.
(3) Nonapplication.— Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial products or commercial services.
(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3774; Pub. L. 115232, div. A, title VIII, § 836(b)(16), Aug. 13, 2018, 132 Stat. 1864.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 390141:254(a).June 30, 1949, ch. 288, title III, § 304(a), 63 Stat. 395; Pub. L. 98369, div. B, title VII, § 2714(a)(3)(A), (B), July 18, 1984, 98 Stat. 1184; Pub. L. 103355, title IV, § 4103(c), title VIII, § 8204(b), Oct. 13, 1994, 108 Stat. 3341, 3396. In subsection (b)(2), the words “in its discretion” are omitted as unnecessary.
Editorial Notes
Amendments2018—Subsec. (b)(3). Pub. L. 115232 substituted “commercial products or commercial services” for “commercial items”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
Executive Documents
Ex. Ord. No. 14208. Ending Procurement and Forced Use of Paper Straws Ex. Ord. No. 14208, Feb. 10, 2025, 90 F.R. 9585, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Policy. An irrational campaign against plastic straws has resulted in major cities, States, and businesses banning the use or automatic inclusion of plastic straws with beverages. Plastic straws are often replaced by paper straws, which are nonfunctional, use chemicals that may carry risks to human health, are more expensive to produce than plastic straws, and often force users to use multiple straws. Additionally, paper straws sometimes come individually wrapped in plastic, undermining the environmental argument for their use. It is therefore the policy of the United States to end the use of paper straws. Sec. 2. Purchases of Paper Straws by the Federal Government. (a) The heads of executive departments and agencies (agencies) shall take all appropriate action to eliminate the procurement of paper straws and otherwise ensure that paper straws are no longer provided within agency buildings. (b) Agencies shall take appropriate action to eliminate policies designed to disfavor plastic straws issued to further Executive Order 14057 of December 8, 2021 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability) [former 42 U.S.C. 4321 note], which I revoked on January 20, 2025. (c) Within 45 days of the date of this order [Feb. 10, 2025], the Assistant to the President for Domestic Policy, in coordination with relevant agencies, shall issue a National Strategy to End the Use of Paper Straws. This strategy shall address: (i) The elimination of all policies within the executive branch designed to disfavor plastic straws; (ii) Contract policies and terms with entities, including States, that ban or penalize plastic straw purchase or use; and (iii) All other available tools to achieve the policy of this order nationwide. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Donald J. Trump.
@@ -0,0 +1,45 @@
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title_number: 41
title_name: "PUBLIC CONTRACTS"
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chapter_name: "SPECIFIC TYPES OF CONTRACTS"
section: "3902"
citation: "41 U.S.C. § 3902"
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# 41 U.S.C. § 3902 - Severable services contracts for periods crossing fiscal years
## Text
(a) Authority To Enter Into Contract.— The head of an executive agency may enter into a contract for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year.
(b) Obligation of Funds.— Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of this section.
(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3774.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 390241:253l.June 30, 1949, ch. 288, title III, § 303L, as added Pub. L. 103355, title I, § 1073, Oct. 13, 1994, 108 Stat. 3271, as amended Pub. L. 104106, title XLIII, § 4321(a)(1), Feb. 10, 1996, 110 Stat. 671.
Statutory Notes and Related Subsidiaries
Severable Services and Multiyear Contract Authority of Judicial EntitiesPub. L. 11376, div. E, title III, § 306, Jan. 17, 2014, 128 Stat. 203, provided that: “The Supreme Court of the United States, the Federal Judicial Center, and the United States Sentencing Commission are hereby authorized, now and hereafter, to enter into contracts for the acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year and to enter into contracts for multiple years for the acquisition of property and services, to the same extent as executive agencies under the authority of 41 U.S.C. sections 3902 and 3903, respectively.”
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title_name: "PUBLIC CONTRACTS"
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# 41 U.S.C. § 3903 - Multiyear contracts
## Text
(a) Definition.— In this section, a multiyear contract is a contract for the purchase of property or services for more than one, but not more than 5, program years.
(b) Authority To Enter Into Contract.— An executive agency may enter into a multiyear contract for the acquisition of property or services if—
(1) funds are available and obligated for the contract, for the full period of the contract or for the first fiscal year in which the contract is in effect, and for the estimated costs associated with a necessary termination of the contract; and
(2) the executive agency determines that—
(A) the need for the property or services is reasonably firm and continuing over the period of the contract; and
(B) a multiyear contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of the agencys programs.
(c) Termination Clause.— A multiyear contract entered into under the authority of this section shall include a clause that provides that the contract shall be terminated if funds are not made available for the continuation of the contract in a fiscal year covered by the contract. Funds available for paying termination costs shall remain available for that purpose until the costs associated with termination of the contract are paid.
(d) Cancellation Ceiling Notice.— Before a contract described in subsection (b) that contains a clause setting forth a cancellation ceiling in excess of $10,000,000 may be awarded, the executive agency shall give written notification of the proposed contract and of the proposed cancellation ceiling for that contract to Congress. The contract may not be awarded until the end of the 30-day period beginning on the date of the notification.
(e) Contingency Clause for Appropriation of Funds.— A multiyear contract may provide that performance under the contract after the first year of the contract is contingent on the appropriation of funds and (if the contract does so provide) that a cancellation payment shall be made to the contractor if the funds are not appropriated.
(f) Other Law Not Affected.— This section does not modify or affect any other provision of law that authorizes multiyear contracts.
(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3774.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3903(a)41:254c(d) (1st sentence).June 30, 1949, ch. 288, title III, § 304B, as added Pub. L. 103355, title I, § 1072, Oct. 13, 1994, 108 Stat. 3270. 3903(b)41:254c(a). 3903(c)41:254c(b). 3903(d)41:254c(c). 3903(e)41:254c(d) (last sentence). 3903(f)41:254c(e).
@@ -0,0 +1,73 @@
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title_number: 41
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section: "3904"
citation: "41 U.S.C. § 3904"
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# 41 U.S.C. § 3904 - Contract authority for severable services contracts and multiyear contracts
## Text
(a) Comptroller General.— The Comptroller General may use available funds to enter into contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year and to enter into multiyear contracts for the acquisition of property and nonaudit-related services to the same extent as executive agencies under sections 3902 and 3903 of this title.
(b) Library of Congress.— The Library of Congress may use available funds to enter into contracts for the lease or procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year and to enter into multiyear contracts for the acquisition of property and services pursuant to sections 3902 and 3903 of this title.
(c) Chief Administrative Officer of the House of Representatives.— The Chief Administrative Officer of the House of Representatives may enter into—
(1) contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year to the same extent as the head of an executive agency under the authority of section 3902 of this title; and
(2) multiyear contracts for the acquisitions of property and nonaudit-related services to the same extent as executive agencies under the authority of section 3903 of this title.
(d) Congressional Budget Office.— The Congressional Budget Office may use available funds to enter into contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year and may enter into multiyear contracts for the acquisition of property and services to the same extent as executive agencies under the authority of sections 3902 and 3903 of this title.
(e) Secretary and Sergeant at Arms and Doorkeeper of the Senate.— Subject to regulations prescribed by the Committee on Rules and Administration of the Senate, the Secretary and the Sergeant at Arms and Doorkeeper of the Senate may enter into—
(1) contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year to the same extent and under the same conditions as the head of an executive agency under the authority of section 3902 of this title; and
(2) multiyear contracts for the acquisition of property and services to the same extent and under the same conditions as executive agencies under the authority of section 3903 of this title.
(f) Capitol Police.— The United States Capitol Police may enter into—
(1) contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year to the same extent as the head of an executive agency under the authority of section 3902 of this title; and
(2) multiyear contracts for the acquisitions of property and nonaudit-related services to the same extent as executive agencies under the authority of section 3903 of this title.
(g) Architect of the Capitol.— The Architect of the Capitol may enter into—
(1) contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year to the same extent as the head of an executive agency under the authority of section 3902 of this title; and
(2) multiyear contracts for the acquisitions of property and nonaudit-related services to the same extent as executive agencies under the authority of section 3903 of this title.
(h) Secretary of the Smithsonian Institution.— The Secretary of the Smithsonian Institution may enter into—
(1) contracts for the procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year under the authority of section 3902 of this title; and
(2) multiyear contracts for the acquisition of property and services under the authority of section 3903 of this title.
(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3775.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3904(a)41:253l1.Pub. L. 10518, title II, § 7004, June 12, 1997, 111 Stat. 192. 3904(b)41:253l2.Pub. L. 10657, title II, § 207, Sept. 29, 1999, 113 Stat. 423. 3904(c)41:253l3.Pub. L. 106554, § 1(a)(2) [title I, §§ 101, 110], Dec. 21, 2000, 114 Stat. 2763A100, 2763A108. 3904(d)41:253l4. 3904(e)41:253l5.Pub. L. 1087, div. H, title I, §§ 5, 1002, 1202, Feb. 20, 2003, 117 Stat. 350, 357, 373. 3904(f)41:253l6. 3904(g)41:253l7. 3904(h)41:253l8.Pub. L. 10872, § 4, Aug. 15, 2003, 117 Stat. 889. In subsections (a)(c) and (e)(h), the words “procurement of severable services” are substituted for “acquisition of severable services” for consistency with 41:253l, restated as section 3902 of the revised title. In subsection (c), the words “During fiscal year 2001 and any succeeding fiscal year” are omitted as obsolete. In subsection (d), the words “Beginning on December 21, 2000, and hereafter” are omitted as obsolete. In subsection (e), the text of 41:253l5(b) is omitted as obsolete. In subsection (f), the text of 41:253l6(b) is omitted as obsolete. In subsection (g), the text of 41:253l7(b) is omitted as obsolete. In subsection (h), the text of 41:253l8(b) is omitted as obsolete.
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# 41 U.S.C. § 3905 - Cost contracts
## Text
(a) Cost-Plus-A-Percentage-Of-Cost Contracts Disallowed.— The cost-plus-a-percentage-of-cost system of contracting shall not be used.
(b) Cost-Plus-A-Fixed-Fee Contracts.— (1) In general.— Except as provided in paragraphs (2) and (3), the fee in a cost-plus-a-fixed-fee contract shall not exceed 10 percent of the estimated cost of the contract, not including the fee, as determined by the agency head at the time of entering into the contract.
(2) Experimental, developmental, or research work.— The fee in a cost-plus-a-fixed-fee contract for experimental, developmental, or research work shall not exceed 15 percent of the estimated cost of the contract, not including the fee.
(3) Architectural or engineering services.— The fee in a cost-plus-a-fixed-fee contract for architectural or engineering services relating to any public works or utility project may include the contractors costs and shall not exceed 6 percent of the estimated cost, not including the fee, as determined by the agency head at the time of entering into the contract, of the project to which the fee applies.
(c) Notification.— All cost and cost-plus-a-fixed-fee contracts shall provide for advance notification by the contractor to the procuring agency of any subcontract on a cost-plus-a-fixed-fee basis and of any fixed-price subcontract or purchase order which exceeds in dollar amount either the simplified acquisition threshold or 5 percent of the total estimated cost of the prime contract.
(d) Right To Audit.— A procuring agency, through any authorized representative thereof, has the right to inspect the plans and to audit the books and records of a prime contractor or subcontractor engaged in the performance of a cost or cost-plus-a-fixed-fee contract.
(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3776.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3905(a)41:254(b) (1st sentence words before 1st comma).June 30, 1949, ch. 288, title III, § 304(b), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 103355, title I, § 1071, title IV, § 4402(c), title X, § 10005(e), Oct. 13, 1994, 108 Stat. 3270, 3349, 3408. 3905(b)41:254(b) (1st sentence words after 1st comma). 3905(c)41:254(b) (last sentence words before semicolon). 3905(d)41:254(b) (last sentence words after semicolon).
@@ -0,0 +1,79 @@
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title_number: 41
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# 41 U.S.C. § 3906 - Cost-reimbursement contracts
## Text
(a) Definition.— In this section, the term “executive agency” has the same meaning given in section 133 of this title.
(b) Regulations on the Use of Cost-Reimbursement Contracts.— The Federal Acquisition Regulation shall address the use of cost-reimbursement contracts.
(c) Content.— The regulations promulgated under subsection (b) shall include guidance regarding—
(1) when and under what circumstances cost-reimbursement contracts are appropriate;
(2) the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and
(3) the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.
(d) Annual Report.— (1) In general.— The Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subsection (e) on the use of cost-reimbursement contracts and task or delivery orders by all executive agencies.
(2) Contents.— The report shall include—
(A) the total number and value of contracts awarded and orders issued during the covered fiscal year;
(B) the total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year; and
(C) an assessment of the effectiveness of the regulations promulgated pursuant to subsection (b) in ensuring the appropriate use of cost-reimbursement contracts.
(3) Time requirements.— (A) Deadline.— The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year.
(B) Limitation.— The report shall be submitted from March 1, 2009, until March 1, 2014.
(e) Congressional Committees.— The report required by subsection (d) shall be submitted to—
(1) the Committee on Oversight and Government Reform of the House of Representatives;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committees on Appropriations of the House of Representatives and the Senate; and
(4) in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.
(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3777.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 390641:254 note.Pub. L. 110417, [div. A], title VIII, § 864(a), (b), (d), (e), (f)(2), (g), Oct. 14, 2008, 122 Stat. 4549. In subsection (b), the words “Not later than 270 days after the date of the enactment of this Act” are omitted because of section 6(f) of the bill. The words “shall address” are substituted for “shall be revised to address” to reflect the permanence of the provision. In subsection (d), the words “Subject to subsection (f)” are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Amendment of Federal Acquisition RegulationPub. L. 111350, § 6(f)(5), Jan. 4, 2011, 124 Stat. 3855, provided that: “The Federal Acquisition Regulation shall be amended to meet the requirements of section 3906(b) of title 41, United States Code, not later than 270 days after October 14, 2008.”