---
kind: "section"
citation: "41 U.S.C. § 3702"
title: "41"
title_heading: "Public Contracts"
number: "3702"
heading: "Sealed bids"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/3702"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division C — Procurement"
  - "Chapter 37 — Awarding of Contracts"
---

# §3702. Sealed bids

- (a) **Opening of Bids.—** Sealed bids shall be opened publicly at the time and place stated in the solicitation.
- (b) **Criteria for Awarding Contract.—** The executive agency shall evaluate the bids in accordance with [section 3701(a) of this title](/usc/41/3701.md?p=a) without discussions with the bidders and, except as provided in [section 3701(b) of this title](/usc/41/3701.md?p=b), shall award a contract with reasonable promptness to the responsible source whose bid conforms to the solicitation and is most advantageous to the Federal Government, considering only price and the other price-related factors included in the solicitation.
- (c) **Notice of Award.—** The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the award to the successful bidder. Within 3 days after the date of contract award, the executive agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3770.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 3702(a) | 41:253b(c) (1st sentence). | June 30, 1949, ch. 288, title III, § 303B(c), as added Pub. L. 98–369, title VII, § 2711(a)(2), July 18, 1984, 98 Stat. 1179; Pub. L. 103–355, title I, §§ 1061(c)(2), 1063(a), Oct. 13, 1994, 108 Stat. 3267, 3268. |
| 3702(b) | 41:253b(c) (2d sentence). |  |
| 3702(a) | 41:253b(c) (3d, last sentences). |  |