§ 259. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC259]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 4--PROCUREMENT PROCEDURES
SUBCHAPTER IV--PROCUREMENT PROVISIONS
Sec. 259. Definitions
As used in this subchapter--
(a) The term ``agency head'' shall mean the head or any assistant
head of any executive agency, and may at the option of the Administrator
include the chief official of any principal organizational unit of the
General Services Administration.
(b) The term ``competitive procedures'' means procedures under which
an executive agency enters into a contract pursuant to full and open
competition. Such term also includes--
(1) procurement of architectural or engineering services
conducted in accordance with title IX of this Act; \1\
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\1\ See References in Text note below.
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(2) the competitive selection of basic research proposals
resulting from a general solicitation and the peer review or
scientific review (as appropriate) of such proposals;
(3) the procedures established by the Administrator 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 such procedures result in the
lowest overall cost alternative to meet the needs of the
Government;
(4) procurements conducted in furtherance of section 644 of
title 15 as long as all responsible business concerns that are
entitled to submit offers for such 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 638 of title 15.
(c) The following terms have the meanings provided such terms in
section 403 of this title:
(1) The term ``procurement''.
(2) The term ``procurement system''.
(3) The term ``standards''.
(4) The term ``full and open competition''.
(5) The term ``responsible source''.
(6) The term ``technical data''.
(7) The term ``major system''.
(8) The term ``item''.
(9) The term ``item of supply''.
(10) The term ``supplies''.
(11) The term ``commercial item''.
(12) The term ``nondevelopmental item''.
(13) The term ``commercial component''.
(14) The term ``component''.
(d)(1) The term ``simplified acquisition threshold'' has the meaning
provided that term in section 403 of this title, except that, in the
case of any contract to be awarded and performed, or purchase to be
made, outside the United States in support of a contingency operation or
a humanitarian or peacekeeping operation, the term means an amount equal
to two times the amount specified for that term in section 403 of this
title.
(2) In paragraph (1):
(A) The term ``contingency operation'' has the meaning given
such term in section 101(a) of title 10.
(B) The term ``humanitarian or peacekeeping operation'' means a
military operation in support of the provision of humanitarian or
foreign disaster assistance or in support of a peacekeeping
operation under chapter VI or VII of the Charter of the United
Nations. The term does not include routine training, force rotation,
or stationing.
(e) The term ``Federal Acquisition Regulation'' means the Federal
Acquisition Regulation issued pursuant to section 421(c)(1) of this
title.
(June 30, 1949, ch. 288, title III, Sec. 309, 63 Stat. 397; July 12,
1952, ch. 703, Sec. 1(h), 66 Stat. 593; Pub. L. 98-369, div. B, title
VII, Sec. 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98-577,
title V, Sec. 504(a)(3), (4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103-
355, title I, Sec. 1551, Oct. 13, 1994, 108 Stat. 3298; Pub. L. 104-201,
div. A, title VIII, Sec. 807(b), Sept. 23, 1996, 110 Stat. 2606; Pub. L.
105-85, div. A, title X, Sec. 1073(g)(1), Nov. 18, 1997, 111 Stat.
1906.)
References in Text
This Act, referred to in subsec. (b)(1), is the Federal Property and
Administrative Services Act of 1949, approved June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title IX of this Act, which was classified
generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of former
Title 40, Public Buildings, Property, and Works, was repealed and
reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public
Buildings, Property, and Works. For disposition of sections of former
Title 40 to revised Title 40, see Table preceding section 101 of Title
40. For complete classification of this Act to the Code, see Tables.
Amendments
1997--Subsec. (b)(2). Pub. L. 105-85 struck out ``and'' at end.
1996--Subsec. (d). Pub. L. 104-201 designated existing provisions as
par. (1), inserted ``or a humanitarian or peacekeeping operation'' after
``contingency operation'', and added par. (2).
1994--Subsecs. (c) to (e). Pub. L. 103-355 added subsecs. (c) to (e)
and struck out former subsec. (c) which read as follows: ``The terms
`full and open competition', `responsible source', `technical data',
`major system', `item', `item of supply', and `supplies' have the same
meanings provided such terms in section 403 of this title.''
1984--Subsec. (b). Pub. L. 98-369 added subsec. (b).
Subsec. (b)(4), (5). Pub. L. 98-577, Sec. 504(a)(3), added pars. (4)
and (5).
Subsec. (c). Pub. L. 98-577, Sec. 504(a)(4), substituted ``,
`responsible source', `technical data', `major system', `item', `item of
supply', and `supplies' have'' for ``and `responsible source' have''
before ``the meaning''.
Pub. L. 98-369 added subsec. (c).
1952--Subsec. (b). Act July 12, 1952, repealed subsec. (b) which
defined ``supplies''.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-369 applicable with respect to any
solicitation for bids or proposals issued after Mar. 31, 1985, see
section 2751 of Pub. L. 98-369, set out as a note under section 251 of
this title.
Effective Date
Section effective July 1, 1949, see section 605, formerly section
505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act
Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.
Small Business Act
Amendment to this section by section 2711(a)(3) of Pub. L. 98-369
not to affect or supersede the provisions of section 637(a) of Title 15,
Commerce and Trade, see section 2711(c) of Pub. L. 98-369, set out as a
note under section 253 of this title.
Definitions
The definitions in section 102 of Title 40, Public Buildings,
Property, and Works, apply to this subchapter.
Section Referred to in Other Sections
This section is referred to in title 6 section 423; title 20 section
1018a.
