10-U.S.C.-2381

§2381 – Contracts: Regulations For Bids

Pathway

Title 10 > Subtitle A > Part IV > Chapter 141 > Section 2381

Details

• Reference: Section 2381
• Legend: §2381 – Contracts: Regulations For Bids
• USCode Year: 2013

Provision Content

(a) The Secretary of Defense may—

(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and

(2) require that a bid be accompanied by a written guaranty, signed by one or more responsible persons, undertaking that the bidder, if his bid is accepted, will, within the time prescribed by the Secretary or other officer authorized to make the contract, make a contract and furnish a bond with good and sufficient sureties for the performance of the contract.

(b) If a bidder, after being notified of the acceptance of his bid, fails within the time prescribed under subsection (a)(2) to enter into a contract and furnish the prescribed bond, the Secretary concerned or other authorized officer shall—

(1) contract with another person; and

(2) charge against the defaulting bidder and his guarantors the difference between the amount specified by the bidder in his bid and the amount for which a contract is made with the other person, this difference being immediately recoverable by the United States for the use of the military department concerned in an action against the bidder and his guarantors, jointly or severally.

(c) Proceedings under this section are subject to regulations under section 121 of title 40, unless exempted therefrom under section 501(a)(2) of title 40.

(Aug. 10, 1956, ch. 1041, 70A Stat. 136; Pub. L. 98–525, title XIV, §1405(35), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 103–355, title I, §1507, Oct. 13, 1994, 108 Stat. 3298; Pub. L. 107–217, §3(b)(6), Aug. 21, 2002, 116 Stat. 1295.)

In subsection (a)(1), the word may is substituted for the words is authorized to. The words rules and * * * to be observed are omitted as surplusage.

In subsection (a)(2), the word undertaking is substituted for the words to the effect that he or they undertake. The words make a contract are inserted for clarity. The words in the premises are omitted as surplusage. The words for the performance of the contract are substituted for the words to furnish the supplies proposed or to perform the service required.

In subsection (b), the word duly is omitted as surplusage. The words with good and sufficient security for the proper fulfillment of its terms are omitted as covered by subsection (a)(2). The words the prescribed are inserted before the word bond.

Subsection (b)(1) is substituted for the words proceed to contract with some other person to furnish the supplies or perform the services required.

In subsection (b)(2) the word charge is substituted for the words forthwith cause * * * to be charged. The words a contract is made with the other person are substituted for the words he may have contracted with another party to furnish the supplies or perform the service for the whole period of the proposal. The words guarantor or are omitted as surplusage. The words this difference being are substituted for the words and the sum may be. The words of debt are omitted, since that action no longer exists. The words the bidder and his guarantors, jointly or severally are substituted for the words either or all of such persons.

In subsection (c), the words Proceedings under this section are are inserted for clarity. The words unless exempted therefrom under section 481(a) of that title are inserted to preserve the possibility of exemption of proceedings under the revised section from the provisions of the Federal Property and Administrative Services Act of 1949, as amended.

Amendments

2002—Subsec. (c). Pub. L. 107–217 substituted section 121 of title 40 for section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486) and section 501(a)(2) of title 40 for section 201(a) of that Act (40 U.S.C. 481(a)).

1994—Subsec. (a). Pub. L. 103–355 substituted The Secretary of Defense may—

(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and

for The Secretary of a military department may—

(1) prescribe regulations for the preparation, submission, and opening of bids for contracts with that department; and.

1984—Subsec. (c). Pub. L. 98–525 substituted section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486) for section 486 of title 40 and section 201(a) of that Act (40 U.S.C. 481(a)) for section 481(a) of this title.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-2377 in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-2377, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-2367 in the Legal Encyclopedia: Supply to Military

In this entry about 10-U.S.C.-2367, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.

10-U.S.C.-2330A in the Legal Encyclopedia: Procurement

In this entry about 10-U.S.C.-2330A, find legal reference material, bibliographies and premiere content related to procurement in the American Encyclopedia of Law, presenting a comprehensive view of the United States procurement-specific issues, written by authorities in the field.

Topic Map

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