§3901. Contracts awarded using procedures other than sealed-bid procedures

(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. 111–350, §3, Jan. 4, 2011, 124 Stat. 3774; Pub. L. 115–232, div. A, title VIII, §836(b)(16), Aug. 13, 2018, 132 Stat. 1864.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
3901 41:254(a). June 30, 1949, ch. 288, title III, §304(a), 63 Stat. 395; Pub. L. 98–369, div. B, title VII, §2714(a)(3)(A), (B), July 18, 1984, 98 Stat. 1184; Pub. L. 103–355, 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

Amendments

2018—Subsec. (b)(3). Pub. L. 115–232 substituted "commercial products or commercial services" for "commercial items".


Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, 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.