§ 3301. Full and open competition

• (a) Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall—
  • (1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and
  • (2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
• (b)
  • (1) In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
    • (A) solicit sealed bids if—
      • (i) time permits the solicitation, submission, and evaluation of sealed bids;
      • (ii) the award will be made on the basis of price and other price-related factors;
      • (iii) it is not necessary to conduct discussions with the responding sources about their bids; and
      • (iv) there is a reasonable expectation of receiving more than one sealed bid; or
    • (B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).
  • (2) Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 1 1 See References in Text note below. of title 23 applies.
• (c) The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.