US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3321

Contracts awarded using procedures other than sealed-bid procedures

(a)

Authorized Types .—

section 3322(a) of this titleSubject to the limitation in , the other provisions of this chapter, and other applicable provisions of law, the head of an agency, in awarding contracts under chapter 137 legacy provisions after using procedures other than sealed-bid procedures, may enter into any kind of contract that he considers will promote the best interests of the United States.
(b)

Required Warranty.—

(1)

Content .—

Each contract awarded under chapter 137 legacy provisions after using procedures other than sealed-bid procedures shall contain a warranty, determined to be suitable by the head of the agency, that the contractor has employed or retained no person or selling agency to solicit or obtain the contract under an understanding or agreement for a commission, percentage, brokerage, or contingent fee, except a bona fide employee or established commercial or selling agency maintained by the contractor to obtain business.
(2)

Remedy for Breaking Warranty .—

If a contractor breaks such a warranty the United States—
(A)
may annul the contract without liability; or
(B)
may deduct the commission, percentage, brokerage, or contingent fee from the contract price or consideration.
(3)

Inapplicability to Certain Contracts .—

This subsection does not apply—
(A)
to a contract that is for an amount not greater than the simplified acquisition threshold; or
(B)
to a contract for the acquisition of commercial products or commercial services.

Pub. L. 116–283, div. A, title XVIII, § 1817(a)134 Stat. 4186(Added and amended , (b), (d), , .)

Editorial Notes

Codification

section 2306 of this titlePub. L. 116–283, § 1817(b)act Aug. 10, 1956, ch. 104170A Stat. 130Pub. L. 87–653, § 1(d)76 Stat. 528Pub. L. 98–369, div. B, title VII, § 2724(a)98 Stat. 1192Pub. L. 99–145, title XIII, § 1303(a)(15)99 Stat. 739The text of subsec. (a) of , which was transferred to this section and amended by , (d)(1), was based on , ; , , ; , , ; , , .

section 2306 of this titlePub. L. 116–283, § 1817(b)act Aug. 10, 1956, ch. 104170A Stat. 130Pub. L. 98–369, div. B, title VII, § 2724(b)98 Stat. 1193Pub. L. 103–355, title IV, § 4102(b)108 Stat. 3340Pub. L. 115–232, div. A, title VIII, § 836(c)(4)132 Stat. 1865The text of subsec. (b) of , which was transferred to this section and amended by , (d)(2), was based on , ; , , ; , , ; , , .

Amendments

Pub. L. 116–283, § 1817(b)section 2306 of this titlesection 3322(a) of this titlesection 3322(a) of this title2021—Subsec. (a). , (d)(1), transferred subsec. (a) of to this section, inserted heading before second sentence, and substituted “” for “the preceding sentence”, “provisions of this chapter” for “provisions of this section”, and “under chapter 137 legacy provisions” for “under this chapter”. Former first sentence of subsec. (a) designated .

Pub. L. 116–283, § 1817(b)section 2306 of this titleSubsec. (b). , (d)(2), transferred subsec. (b) of to this section, inserted heading, and designated first, second, and third sentences as pars. (1) to (3), respectively.

Pub. L. 116–283, § 1817(d)(2)(A)Subsec. (b)(1). –(C), inserted heading and substituted “under chapter 137 legacy provisions” for “under this chapter” and “maintained by the contractor” for “maintained by him”.

Pub. L. 116–283, § 1817(d)(2)(E)Subsec. (b)(2). , inserted heading, inserted dash after “the United States” and subpar. (A) designation before “may annul”, substituted “liability; or” for “liability or”, and inserted subpar. (B) designation before “may deduct”.

Pub. L. 116–283, § 1817(d)(2)(F)Subsec. (b)(3). , inserted heading, inserted dash after “does not apply” and subpar. (A) designation before “to a contract that is”, substituted “threshold; or” for “threshold or”, and inserted subpar. (B) designation before “to a contract for the acquisition”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .