Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 3201"
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description: "Full and open competition"
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title_name: "ARMED FORCES"
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chapter_number: "221"
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chapter_name: "PLANNING AND SOLICITATION GENERALLY"
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section: "3201"
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---
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# 10 U.S.C. § 3201 - Full and open competition
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## Text
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(a) In General.— Except as provided in sections 3203, 3204(a), and 3205 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services—
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(1) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title and the Federal Acquisition Regulation; and
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(2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
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(b) Determination of Appropriate Competitive Procedures.— In determining the competitive procedure appropriate under the circumstances, the head of an agency—
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(1) shall solicit sealed bids if—
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(A) time permits the solicitation, submission, and evaluation of sealed bids;
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(B) the award will be made on the basis of price and other price-related factors;
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(C) it is not necessary to conduct discussions with the responding sources about their bids; and
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(D) there is a reasonable expectation of receiving more than one sealed bid; and
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(2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
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(c) Efficient Fulfillment of Government Requirements.— 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 Government’s requirements.
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(d) Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures.— For the purposes of the following, purchases or contracts awarded after using procedures other than sealed-bid procedures shall be treated as if they were made with sealed-bid procedures:
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(1) Chapter 65 of title 41.
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(2) Sections 3141–3144, 3146, and 3147 of title 40.
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(e) New Contracts and Merit-based Selection Procedures.— (1) Congressional policy.— It is the policy of Congress that an agency named in section 3063 of this title should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures.
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(2) New contract described.— For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract.
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(3) Provision of law described.— A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law—
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(A) specifically refers to this subsection;
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(B) specifically identifies the particular non-Federal Government entity involved; and
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(C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1).
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(4) Exception.— This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 3063 of this title and to report on such matters to the Congress or any agency of the Federal Government.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(c), Jan. 1, 2021, 134 Stat. 4165; Pub. L. 117–81, div. A, title XVII, § 1701(b)(4)(A), Dec. 27, 2021, 135 Stat. 2132.)
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## Notes
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Editorial Notes
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Codification The text of subsec. (a) of section 2304 of this title, which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by Pub. L. 116–283, § 1811(c)(2), was based on Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C), July 18, 1984, 98 Stat. 1187; Pub. L. 99–145, title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 739; Pub. L. 100–26, § 7(d)(3)(A), Apr. 21, 1987, 101 Stat. 281; Pub. L. 103–355, title I, § 1001(1), Oct. 13, 1994, 108 Stat. 3249. The text of subsec. (j) of section 2304 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1811(c)(3), was based on Pub. L. 104–106, div. D, title XLI, § 4101(a)(2), Feb. 10, 1996, 110 Stat. 642. The text of subsec. (h) of section 2304 of this title, which was transferred to this section, redesignated as subsec. (d), and amended by Pub. L. 116–283, § 1811(c)(4), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–295, § 1(24)(B), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 98–369, div. B, title VII, §§ 2723(a)(1)(B), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(5), Feb. 10, 1996, 110 Stat. 672; Pub. L. 107–217, § 3(b)(3), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 111–350, § 5(b)(12)(E), Jan. 4, 2011, 124 Stat. 3843. The text of subsec. (k) of section 2304 of this title, which was transferred to this section, redesignated as subsec. (e), and amended by Pub. L. 116–283, § 1811(c)(5), was based on Pub. L. 103–355, title VII, § 7203(a)(1)(B), Oct. 13, 1994, 108 Stat. 3379; Pub. L. 104–106, div. D, title XLI, § 4101(a)(1), Feb. 10, 1996, 110 Stat. 642.
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Prior ProvisionsA prior section 3201 was renumbered section 7101 of this title. Another prior section 3201, act Aug. 10, 1956, ch. 1041, 70A Stat. 172; Pub. L. 85–861, § 1(62), Sept. 2, 1958, 72 Stat. 1462; Pub. L. 88–647, title III, § 301(4), Oct. 13, 1964, 78 Stat. 1071, prescribed the authorized strength of the Army in members on active duty, exclusive of certain categories, and the authorized daily average strength of the Army in members on active duty during the fiscal year, exclusive of certain categories, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. A prior section 3202, act Aug. 10, 1956, ch. 1041, 70A Stat. 172; Pub. L. 85–861, § 1(63), Sept. 2, 1958, 72 Stat. 1463; Pub. L. 90–228, § 1(1), (2), Dec. 28, 1967, 81 Stat. 745; Pub. L. 96–513, title II, § 203(a), Dec. 12, 1980, 94 Stat. 2878, related to authorized strength of Army in general officers on active duty, prior to repeal by Pub. L. 101–510, div. A, title IV, § 403(b)(1)(A), Nov. 5, 1990, 104 Stat. 1545.
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Amendments2021—Subsec. (a). Pub. L. 116–283, § 1811(c)(2)(B), (C), as amended by Pub. L. 117–81, § 1701(b)(4)(A)(i), inserted heading, struck out par. (1) designation at beginning and substituted “Except as provided in sections 3203, 3204(a), and 3205 of this title” for “Except as provided in subsections (b), (c), and (g)” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Par. (2) subsequently redesignated subsec. (b). Pub. L. 116–283, § 1811(c)(2), transferred subsec. (a) of section 2304 of this title to this section. Subsec. (a)(1). Pub. L. 116–283, § 1811(c)(2)(D), as amended by Pub. L. 117–81, § 1701(b)(4)(A)(ii), substituted “this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title” for “this chapter”. Subsec. (b). Pub. L. 116–283, § 1811(c)(2)(A), (E), redesignated subsec. (a)(2) as (b) and inserted heading, redesignated subpar. (A) and cls. (i) to (iv) as par. (1) and subpars. (A) to (D), respectively, and redesignated subpar. (B) as par. (2) and substituted “paragraph (1)” for “clause (A)”. Subsec. (c). Pub. L. 116–283, § 1811(c)(3), redesignated subsec. (j) of section 2304 of this title as subsec. (c) of this section and inserted heading. Subsec. (d). Pub. L. 116–283, § 1811(c)(4), redesignated subsec. (h) of section 2304 of this title as subsec. (d) of this section and inserted heading. Subsec. (e). Pub. L. 116–283, § 1811(c)(5), redesignated subsec. (k) of section 2304 of this title as subsec. (e) of this section, inserted subsec. and par. headings, switched order and designations of pars. (2) and (3), realigned margins of pars. (2) to (4), and substituted “section 3063” for “section 2303(a)” in pars. (1) and (4).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
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Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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Competition for Procurement of Small Arms Supplied to Iraq and AfghanistanPub. L. 110–181, div. A, title VIII, § 892, Jan. 28, 2008, 122 Stat. 270, which required the Secretary of Defense to ensure, consistent with the provisions of former section 2304 of this title, full and open competition for procurement of small arms supplied to Iraq and Afghanistan, was repealed by Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(B), Dec. 23, 2024, 138 Stat. 1979.
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Competitive Award of Contracts for Reconstruction Activities in IraqPub. L. 108–136, div. A, title VIII, § 805(a), Nov. 24, 2003, 117 Stat. 1542, which required the Department of Defense to fully comply with former chapter 137 of this title for contracts awarded competitively for reconstruction activities of the Iraqi oil industry, was repealed by Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(A), Dec. 23, 2024, 138 Stat. 1979.
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---
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type: "LegalText"
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title: "10 U.S.C. § 3203"
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description: "Exclusion of particular source or restriction of solicitation to small business concerns"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "221"
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chapter_name: "PLANNING AND SOLICITATION GENERALLY"
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section: "3203"
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citation: "10 U.S.C. § 3203"
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status: "current"
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---
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# 10 U.S.C. § 3203 - Exclusion of particular source or restriction of solicitation to small business concerns
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## Text
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(a) Exclusion of Particular Source.— (1) Criteria for exclusion.— The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures but excluding a particular source in order to establish or maintain an alternative source or sources of supply for that property or service if the head of the agency determines that to do so—
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(A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of property or services;
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(B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;
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(C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;
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(D) would ensure the continuous availability of a reliable source of supply of such property or service;
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(E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or
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(F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.
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(2) Determination for Class Disallowed.— A determination under paragraph (1) may not be made for a class of purchases or contracts.
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(b) Exclusion of Other Than Small Business Concerns.— The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures, but excluding concerns other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 638, 644).
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(c) Inapplicability of Justification and Approval Requirements.— A contract awarded pursuant to the competitive procedures referred to in subsections (a)(1) and (b) shall not be subject to the justification and approval required by section 3204(e)(1) of this title.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (2), Jan. 1, 2021, 134 Stat. 4166; Pub. L. 117–81, div. A, title XVII, § 1701(d)(3), Dec. 27, 2021, 135 Stat. 2136.)
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## Notes
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Editorial Notes
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Codification The text of subsec. (b) of section 2304 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(d)(2), was based on Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C), July 18, 1984, 98 Stat. 1187; Pub. L. 98–577, title V, § 504(b)(1), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–661, div. A, title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 101–189, div. A, title VIII, 853(d), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 102–484, div. A, title VIII, § 801(h)(2), Oct. 23, 1992, 106 Stat. 2445; Pub. L. 103–355, title I, § 1002, Oct. 13, 1994, 108 Stat. 3249; Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(v), Aug. 13, 2018, 132 Stat. 1847.
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Prior ProvisionsA prior section 3203, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–861, § 1(64), Sept. 2, 1958, 72 Stat. 1463, prescribed authorized strength of Regular Army in members on active duty, exclusive of officers candidates, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.
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Amendments2021—Subsec. (a). Pub. L. 116–283, § 1811(d)(2)(A), redesignated subsec. (b) of section 2304 of this title as subsec. (a) of this section and inserted heading. Subsec. (a)(1). Pub. L. 116–283, § 1811(d)(2)(A)–(C), inserted heading, substituted “covered by chapter 137 legacy provisions” for “covered by this chapter” in introductory provisions, and realigned margins of subpars. (A) to (F). Subsec. (a)(2). Pub. L. 116–283, § 1811(d)(2)(F), redesignated par. (4) as (2), inserted heading, and realigned margin. Former pars. (2) and (3) redesignated subsecs. (b) and (c), respectively. Subsec. (b). Pub. L. 116–283, § 1811(d)(2)(D), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “chapter 137 legacy provisions” for “this section”. Subsec. (c). Pub. L. 117–81 substituted “subsections (a)(1) and (b)” for “paragraphs (1) and (2)”. Pub. L. 116–283, § 1811(d)(2)(E), redesignated subsec. (a)(3) as (c), inserted heading, and substituted “section 3204(e)(1) of this title” for “subsection (f)(1)”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
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Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 3205"
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chapter_number: "221"
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chapter_name: "PLANNING AND SOLICITATION GENERALLY"
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section: "3205"
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citation: "10 U.S.C. § 3205"
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---
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# 10 U.S.C. § 3205 - Simplified procedures for small purchases
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## Text
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(a) Authorization.— In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
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(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
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(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
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(b) Prohibition on Dividing Contracts.— A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
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(c) Promotion of Competition.— In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
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(d) Compliance With Special Requirements of Federal Acquisition Regulation.— The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of title 41.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (9), Jan. 1, 2021, 134 Stat. 4166, 4170.)
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## Notes
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Editorial Notes
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Codification The text of subsec. (g) of section 2304 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(d)(9), was based on Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C), July 18, 1984, 98 Stat. 1187; Pub. L. 100–26, § 7(d)(3)(A), Apr. 21, 1987, 101 Stat. 281; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2)(A), Apr. 6, 1991, 105 Stat. 114; Pub. L. 103–355, title I, § 1001(2), title IV, § 4401(a), Oct. 13, 1994, 108 Stat. 3249, 3347; Pub. L. 104–106, div. D, title XLII, § 4202(a)(1), Feb. 10, 1996, 110 Stat. 652; Pub. L. 105–85, div. A, title VIII, § 850(f)(3)(B), Nov. 18, 1997, 111 Stat. 1850; Pub. L. 111–350, § 5(b)(12)(D), Jan. 4, 2011, 124 Stat. 3843; Pub. L. 115–232, div. A, title VIII, § 836(c)(2), Aug. 13, 2018, 132 Stat. 1864.
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|
||||
Prior ProvisionsA prior section 3205, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–600, § 1(3), Aug. 6, 1958, 72 Stat. 522; Pub. L. 85–861, § 1(60), (65), Sept. 2, 1958, 72 Stat. 1462, 1463; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069, prescribed authorized strength of Regular Army in commissioned officers on active list, exclusive of certain categories, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283, § 1811(d)(9)(A), (C), inserted heading, struck out par. (1) designation before “In order to”, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Former pars. (2) to (4) redesignated subsecs. (b) to (d), respectively. Pub. L. 116–283, § 1811(d)(9), redesignated subsec. (g) of section 2304 of this title as subsec. (a) of this section. Subsec. (b). Pub. L. 116–283, § 1811(d)(9)(B), (D), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “subsection (a)” for “paragraph (1)”. Subsec. (c). Pub. L. 116–283, § 1811(d)(9)(B), (E), redesignated subsec. (a)(3) as (c) and inserted heading. Subsec. (d). Pub. L. 116–283, § 1811(d)(9)(B), (F), redesignated subsec. (a)(4) as (d) and inserted heading.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,139 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3206"
|
||||
description: "Planning and solicitation requirements"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "3206"
|
||||
citation: "10 U.S.C. § 3206"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
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|
||||
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|
||||
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "5b8a4b0492e34b803e5920c72e3f47cd9d85e7937ea035e0eb2b5988136f0e9f"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3206 - Planning and solicitation requirements
|
||||
|
||||
## Text
|
||||
|
||||
(a) Planning and Specifications.— (1) Preparing for procurement.— In preparing for the procurement of property or services, the head of an agency shall—
|
||||
|
||||
(A) specify the agency’s needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement;
|
||||
|
||||
(B) use advance procurement planning and market research; and
|
||||
|
||||
(C) develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired.
|
||||
|
||||
(2) Requirements of specifications.— Each solicitation under chapter 137 legacy provisions shall include specifications which—
|
||||
|
||||
(A) consistent with the provisions of chapter 137 legacy provisions, permit full and open competition; and
|
||||
|
||||
(B) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the agency or as authorized by law.
|
||||
|
||||
(3) Types of specifications.— For the purposes of paragraphs (1) and (2), the type of specification included in a solicitation shall depend on the nature of the needs of the agency and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of—
|
||||
|
||||
(A) function, so that a variety of products or services may qualify;
|
||||
|
||||
(B) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or
|
||||
|
||||
(C) design requirements.
|
||||
|
||||
(b) Contents of solicitation.— In addition to the specifications described in subsection (a), a solicitation for sealed bids or competitive proposals (other than for a procurement for commercial products or commercial services using special simplified procedures or a purchase for an amount not greater than the simplified acquisition threshold) shall at a minimum include—
|
||||
|
||||
(1) a statement of—
|
||||
|
||||
(A) all significant factors and significant subfactors which the head of the agency reasonably expects to consider in evaluating sealed bids (including price) or competitive proposals (including cost or price, cost-related or price-related factors and subfactors, and noncost-related or nonprice-related factors and subfactors); and
|
||||
|
||||
(B) the relative importance assigned to each of those factors and subfactors; and
|
||||
|
||||
(2) (A) in the case of sealed bids—
|
||||
|
||||
(i) a statement that sealed bids will be evaluated without discussions with the bidders; and
|
||||
|
||||
(ii) the time and place for the opening of the sealed bids; or
|
||||
|
||||
(B) in the case of competitive proposals—
|
||||
|
||||
(i) either a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) unless discussions are determined to be necessary; and
|
||||
|
||||
(ii) the time and place for submission of proposals.
|
||||
|
||||
(c) Evaluation Factors.— (1) In general.— In prescribing the evaluation factors to be included in each solicitation for competitive proposals, the head of an agency—
|
||||
|
||||
(A) shall (except as provided in paragraph (3)) clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quality of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror);
|
||||
|
||||
(B) shall (except as provided in paragraph (3)) include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals; and
|
||||
|
||||
(C) shall disclose to offerors whether all evaluation factors other than cost or price, when combined, are—
|
||||
|
||||
(i) significantly more important than cost or price;
|
||||
|
||||
(ii) approximately equal in importance to cost or price; or
|
||||
|
||||
(iii) significantly less important than cost or price.
|
||||
|
||||
(2) Restriction on implementing regulations.— The regulations implementing paragraph (1)(C) may not define the terms “significantly more important” and “significantly less important” as specific numeric weights that would be applied uniformly to all solicitations or a class of solicitations.
|
||||
|
||||
(3) Exceptions for certain multiple task or delivery order contracts.— If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 3403(d)(1)(B) of this title for the same or similar services and intends to make a contract award to each qualifying offeror—
|
||||
|
||||
(A) cost or price to the Federal Government need not, at the Government’s discretion, be considered under paragraph (1)(B) as an evaluation factor for the contract award; and
|
||||
|
||||
(B) if, pursuant to subparagraph (A), cost or price to the Federal Government is not considered as an evaluation factor for the contract award—
|
||||
|
||||
(i) the disclosure requirement of paragraph (1)(C) shall not apply; and
|
||||
|
||||
(ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 3406(c) of this title of a task or delivery order under any contract resulting from the solicitation.
|
||||
|
||||
(4) Definition.— In paragraph (3), the term “qualifying offeror” means an offeror that—
|
||||
|
||||
(A) is determined to be a responsible source;
|
||||
|
||||
(B) submits a proposal that conforms to the requirements of the solicitation; and
|
||||
|
||||
(C) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing.
|
||||
|
||||
(5) Exclusion of applicability to certain contracts.— Paragraph (3) shall not apply to multiple task or delivery order contracts if the solicitation provides for sole source task or delivery order contracts pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
|
||||
|
||||
(d) Additional Information in Solicitation.— Nothing in this section prohibits an agency from—
|
||||
|
||||
(1) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or
|
||||
|
||||
(2) stating in a solicitation that award will be made to the offeror that meets the solicitation’s mandatory requirements at the lowest cost or price.
|
||||
|
||||
(e) Limitation on Evaluation of Purchase Options.— The head of an agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in such solicitation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the head of the agency has determined that there is a reasonable likelihood that the options will be exercised.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(e), Jan. 1, 2021, 134 Stat. 4170; Pub. L. 117–81, div. A, title XVII, § 1701(b)(4)(F), (d)(4), Dec. 27, 2021, 135 Stat. 2133, 2136.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (a) of section 2305 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(e)(2)–(7), was based on Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1191; Pub. L. 99–500, § 101(c) [title X, § 924(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 924(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title IX, formerly title IV, § 924(a), Nov. 14, 1986, 100 Stat. 3932, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 101–510, div. A, title VIII, § 802(a)–(c), Nov. 5, 1990, 104 Stat. 1588, 1589; Pub. L. 103–355, title I, § 1011, 1012, title IV, § 4401(b), Oct. 13, 1994, 108 Stat. 3254, 3255, 3347; Pub. L. 104–106, div. D, title XLII, § 4202(a)(2), Feb. 10, 1996, 110 Stat. 653; Pub. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Pub. L. 115–232, div. A, title VIII, § 836(c)(3)(A), Aug. 13, 2018, 132 Stat. 1864.
|
||||
|
||||
Prior ProvisionsA prior section 3206, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–155, title I, § 101(4), Aug. 21, 1957, 71 Stat. 376; Pub. L. 90–130, § 1(9)(A), (B), Nov. 8, 1967, 81 Stat. 375, prescribed authorized strength of Regular Army Nurse Corps in commissioned officers on active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1811(e)(2), transferred subsec. (a) of section 2305 of this title to this section and redesignated pars. (2) to (5) thereof as subsecs. (b) to (e), respectively. Subsec. (a). Pub. L. 116–283, § 1811(e)(3)(A), (E)(i), inserted heading and redesignated subpars. (A) to (C) of par. (1) as pars. (1) to (3), respectively. Subsec. (a)(1). Pub. L. 116–283, § 1811(e)(3)(E), as amended by Pub. L. 117–81, § 1701(b)(4)(F), redesignated par. (1)(A) as (1), inserted heading, redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, and realigned margins. Subsec. (a)(2). Pub. L. 116–283, § 1811(e)(3)(A), (B), (D), redesignated par. (1)(B) as (2), inserted heading, and realigned margin, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and substituted “chapter 137 legacy provisions” for “this chapter” in introductory provisions and in subpar. (A). Former par. (2) redesignated subsec. (b). Subsec. (a)(3). Pub. L. 117–81, § 1701(d)(4), substituted “paragraphs (1) and (2)” for “subparagraphs (A) and (B)” in introductory provisions. Pub. L. 116–283, § 1811(e)(3)(A), (C), (D), as amended by Pub. L. 117–81, § 1701(b)(4)(F), redesignated par. (1)(C) as (3), inserted heading, and realigned margin and redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively. Former par. (3) redesignated subsec. (c). Subsec. (b). Pub. L. 116–283, § 1811(e)(2), (4), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “subsection (a)” for “paragraph (1)” in introductory provisions, redesignated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively, and redesignated subpar. (B), its cls. (i) and (ii), and each of their subcls. (I) and (II) as par. (2), subpars. (A) and (B), and cls. (i) and (ii), respectively. Subsec. (c). Pub. L. 116–283, § 1811(e)(2), (5)(A), (B), redesignated subsec. (a)(3) as (c), inserted heading, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and realigned margins. Subsec. (c)(1). Pub. L. 116–283, § 1811(e)(5)(A), (C), inserted heading, substituted “paragraph (3)” for “subparagraph (C)” in two places, redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, and, in subpar. (C) as redesignated, redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively. Subsec. (c)(2). Pub. L. 116–283, § 1811(e)(5)(B), (D), redesignated par. (3)(B) as (2), inserted heading, and substituted “paragraph (1)(C)” for “clause (iii) of subparagraph (A)”. Subsec. (c)(3). Pub. L. 116–283, § 1811(e)(5)(B), (E), redesignated par. (3)(C) as (3), inserted heading, and substituted “section 3403(d)(1)(B)” for “section 2304a(d)(1)(B)” in introductory provisions; redesignated cl. (i) as subpar. (A) and substituted “paragraph (1)(B)” for “clause (ii) of subparagraph (A)”; and redesignated cl. (ii) and its subcls. (I) and (II) as subpar. (B) and cls. (i) and (ii), respectively, and substituted “subparagraph (A)” for “clause (i)” in introductory provisions, “paragraph (1)(C)” for “clause (iii) of subparagraph (A)” in cl. (i), and “section 3406(c)” for “section 2304c(b)” in cl. (ii). Subsec. (c)(4). Pub. L. 116–283, § 1811(e)(5)(B), (F), redesignated par. (3)(D) as (4), inserted heading, substituted “paragraph (3)” for “subparagraph (C)” in introductory provisions, and redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively. Subsec. (c)(5). Pub. L. 116–283, § 1811(e)(5)(B), (G), redesignated par. (3)(E) as (5), inserted heading, and substituted “Paragraph (3)” for “Subparagraph (C)”. Subsec. (d). Pub. L. 116–283, § 1811(e)(2), (6), redesignated subsec. (a)(4) as (d), inserted heading, substituted “this section” for “this subsection” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Subsec. (e). Pub. L. 116–283, § 1811(e)(2), (7), redesignated subsec. (a)(5) as (e) and inserted heading.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 1701(b)(4)(F) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below. Amendment by section 1701(d)(4) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
|
||||
Balancing Security and Innovation in Software Development and AcquisitionPub. L. 116–283, div. A, title VIII, § 835, Jan. 1, 2021, 134 Stat. 3755, provided that: “(a) Requirements for Solicitations of Commercial and Developmental Solutions.—The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chief Information Officer of the Department of Defense, shall develop requirements for appropriate software security criteria to be included in solicitations for commercial and developmental solutions and the evaluation of bids submitted in response to such solicitations, including a delineation of what processes were or will be used for a secure software development life cycle. Such requirements shall include—“(1) establishment and enforcement of secure coding practices; “(2) management of supply chain risks and third-party software sources and component risks; “(3) security of the software development environment; “(4) secure deployment, configuration, and installation processes; and “(5) an associated vulnerability management plan and identification of tools that will be applied to achieve an appropriate level of security. “(b) Security Review of Code.—The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chief Information Officer of the Department of Defense, shall develop—“(1) procedures for the security review of code; and “(2) other procedures necessary to fully implement the pilot program required under section 875 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223 note). “(c) Coordination With Cybersecurity Acquisition Policy Efforts.—The Under Secretary of Defense for Acquisition and Sustainment shall develop the requirements and procedures described under subsections (a) and (b) in coordination with the efforts of the Department of Defense to develop new cybersecurity and program protection policies and guidance that are focused on cybersecurity in the context of acquisition and program management and on safeguarding information.”
|
||||
|
||||
Pilot Program To Use Alpha Contracting Teams for Complex RequirementsPub. L. 116–92, div. A, title VIII, § 802, Dec. 20, 2019, 133 Stat. 1483, which required the Secretary of Defense to select initiatives to participate in a pilot program to use teams that focused on the development of complex contract technical requirements for services, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(4)(B), Dec. 18, 2025, 139 Stat. 948.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3207"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "3207"
|
||||
citation: "10 U.S.C. § 3207"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3207 - Assessment before contract for acquisition of supplies is entered into
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Defense shall ensure that before a contract for the delivery of supplies to the Department of Defense is entered into—
|
||||
|
||||
(1) when the appropriate officials of the Department are making an assessment of the most advantageous source for acquisition of the supplies (considering quality, price, delivery, and other factors), there is a review of the availability and cost of each item of supply—
|
||||
|
||||
(A) through the supply system of the Department of Defense; and
|
||||
|
||||
(B) under standard Government supply contracts, if the item is in a category of supplies defined under regulations of the Secretary of Defense as being potentially available under a standard Government supply contract; and
|
||||
|
||||
(2) there is a review of both the procurement history of the item and a description of the item, including, when necessary for an adequate description of the item, a picture, drawing, diagram, or other graphic representation of the item.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(f), Jan. 1, 2021, 134 Stat. 4173.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (c) of section 2305 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(f)(2), was based on Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591.
|
||||
|
||||
Prior ProvisionsA prior section 3207, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–155, title I, § 101(5), Aug. 21, 1957, 71 Stat. 376; Pub. L. 90–130, § 1(9)(C), (D), Nov. 8, 1967, 81 Stat. 375, prescribed authorized strength of Army Medical Specialist Corps in commissioned officers on active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1811(f)(2), transferred subsec. (c) of section 2305 of this title to this section and struck out subsec. (c) designation at beginning.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
|
||||
Establishing Biobased Product Merit GuidancePub. L. 119–60, div. A, title II, § 248, Dec. 18, 2025, 139 Stat. 799, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Under Secretary of Defense for Research and Engineering, in coordination with the Secretaries of the military departments, shall develop and make publicly available guidance for private entities on how such entities can effectively demonstrate, validate, and verify that a biobased product of such entity provides capabilities meeting the requirements of the Department of Defense. “(b) Analysis.—In developing the guidance required by subsection (a), the Under Secretary of Defense for Research and Engineering shall conduct an analysis of current military specifications for suitable product categories and make such analysis publicly available for use by private entities, such as in industry or academia. Such analysis shall include:“(1) Assessment of all current military specifications and identification of those that may—“(A) have existing biobased products that meet such specifications; “(B) could be met with biobased products with some modification; or “(C) have no military specification where a new one may be required. “(2) Assessment of current validation and verification processes related to military specifications to determine if modifications to such processes are needed to consider biobased product alternatives. “(3) Review of existing acquisition policy and practices related to procurement of materials meeting military specifications to determine if any changes to such processes are recommended to accommodate biobased products. “(c) Biobased Product Defined.—In this section, the term ‘biobased product’ means a product manufactured, produced, or developed through the application of living organisms to alter living or non-living materials.”
|
||||
|
||||
Process for Enhanced Supply Chain ScrutinyPub. L. 115–91, div. A, title VIII, § 807, Dec. 12, 2017, 131 Stat. 1456, provided that: “(a) Process.—Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall establish a process for enhancing scrutiny of acquisition decisions in order to improve the integration of supply chain risk management into the overall acquisition decision cycle. “(b) Elements.—The process under subsection (a) shall include the following elements:“(1) Designation of a senior official responsible for overseeing the development and implementation of the process. “(2) Development or integration of tools to support commercial due-diligence, business intelligence, or otherwise analyze and monitor commercial activity to understand business relationships with entities determined to be threats to the United States. “(3) Development of risk profiles of products or services based on commercial due-diligence tools and data services. “(4) Development of education and training curricula for the acquisition workforce that supports the process. “(5) Integration, as needed, with intelligence sources to develop threat profiles of entities determined to be threats to the United States. “(6) Periodic review and assessment of software products and services on computer networks of the Department of Defense to remove prohibited products or services. “(7) Synchronization of the use of current authorities for making supply chain decisions, including section 806 of Public Law 111–383 (10 U.S.C. 2304 note) or improved use of suspension and debarment officials. “(8) Coordination with interagency, industrial, and international partners, as appropriate, to share information, develop Government-wide strategies for dealing with significant entities determined to be significant threats to the United States, and effectively use authorities in other departments and agencies to provide consistent, Government-wide approaches to supply chain threats. “(9) Other matters as the Secretary considers necessary. “(c) Notification.—Not later than 90 days after establishing the process required by subsection (a), the Secretary shall provide a written notification to the Committees on Armed Services of the Senate and House of Representatives that the process has been established. The notification also shall include the following:“(1) Identification of the official designated under subsection (b)(1). “(2) Identification of tools and services currently available to the Department of Defense under subsection (b)(2). “(3) Assessment of additional tools and services available under subsection (b)(2) that the Department of Defense should evaluate. “(4) Identification of, or recommendations for, any statutory changes needed to improve the effectiveness of the process. “(5) Projected resource needs for implementing any recommendations made by the Secretary.”
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3208"
|
||||
description: "Planning for future competition in contracts for major systems"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "221"
|
||||
chapter_name: "PLANNING AND SOLICITATION GENERALLY"
|
||||
section: "3208"
|
||||
citation: "10 U.S.C. § 3208"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s3208"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "3553486e9e599d0f27cb2a10a2bc7ce7dfd3252f85aa8044e0942255df67fbb4"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3208 - Planning for future competition in contracts for major systems
|
||||
|
||||
## Text
|
||||
|
||||
(a) Development Contract.— (1) Determining whether proposals are necessary.— The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
|
||||
|
||||
(2) Contents of proposals.— Proposals referred to in the first sentence of paragraph (1) are the following:
|
||||
|
||||
(A) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
|
||||
|
||||
(B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future.
|
||||
|
||||
(b) Production Contract.— (1) Determining whether proposals are necessary.— The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
|
||||
|
||||
(2) Contents of proposals.— Proposals referred to in the first sentence of paragraph (1) are proposals identifying opportunities to ensure that the United States will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to such requirement may include the following:
|
||||
|
||||
(A) Proposals to provide to the United States the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the United States, if any, of acquiring such technical data and the right to use such data.
|
||||
|
||||
(B) Proposals for the qualification or development of multiple sources of supply for the item.
|
||||
|
||||
(c) Consideration of Factors as Objectives in Negotiations.— If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in subsections (a) and (b) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded. Such objectives may not impair the rights of prospective contractors or subcontractors otherwise provided by law.
|
||||
|
||||
(d) Items Developed Exclusively at Private Expense.— (1) Limitation.— Whenever the head of an agency requires that proposals described in subsection (a)(2) or (b)(2) be submitted by an offeror in its offer, the offeror shall not be required to provide a proposal that enables the United States to acquire competitively in the future an identical item if the item was developed exclusively at private expense unless the head of the agency determines that—
|
||||
|
||||
(A) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or
|
||||
|
||||
(B) proposals by the original supplier of such item to meet the mobilization requirements are insufficient to meet the agency’s mobilization needs.
|
||||
|
||||
(2) Evaluation.— In considering offers in response to a solicitation requiring proposals described in subsection (a)(2) or (b)(2), the head of an agency shall base any evaluation of items developed exclusively at private expense on an analysis of the total value, in terms of innovative design, life-cycle costs, and other pertinent factors, of incorporating such items in the system.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(g), Jan. 1, 2021, 134 Stat. 4173.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (d) of section 2305 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(g)(2)–(6) was based on Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591; Pub. L. 100–456, div. A, title VIII, § 806, Sept. 29, 1988, 102 Stat. 2010.
|
||||
|
||||
Prior ProvisionsA prior section 3209, act Aug. 10, 1956, ch. 1041, 70A Stat. 174; Pub. L. 85–861, § 1(60), Sept. 2, 1958, 72 Stat. 1462; Pub. L. 90–130, § 1(9)(E), Nov. 8, 1967, 81 Stat. 375; Pub. L. 95–485, title VIII, § 820(c)(1), (2), Oct. 20, 1978, 92 Stat. 1627, prescribed, with exception of Army Nurse Corps and Army Medical Specialist Corps, the authorized strength of each branch in commissioned officers on active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. A prior section 3210 was renumbered section 7110 of this title. A prior section 3211, acts Aug. 10, 1956, ch. 1041, 70A Stat. 175; Sept. 2, 1958, Pub. L. 85–861, § 1(67), 72 Stat. 1463; Nov. 8, 1967, Pub. L. 90–130, § 1(9)(F), 81 Stat. 375, prescribed authorized strength of Regular Army in officers in each regular grade on promotion lists set forth in section 3296 of this title, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. See section 521 et seq. of this title. A prior section 3212, acts Aug. 10, 1956, ch. 1041, 70A Stat. 175; Sept. 2, 1958, Pub. L. 85–861, § 1(68), 72 Stat. 1463; June 30, 1960, Pub. L. 86–559, § 1(6), 74 Stat. 265; Nov. 8, 1967, Pub. L. 90–130, § 1(9)(G), 81 Stat. 375; Dec. 12, 1980, Pub. L. 96–513, title V, § 502(6), 94 Stat. 2909, related to temporary increases in authorized strength in grades of Army Reserve and Army National Guard of United States, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026, effective Dec. 1, 1994. See section 12009 of this title. Prior sections 3213 and 3214 were repealed by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. Section 3213, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, prescribed authorized strength of Regular Army in warrant officers on active list. Section 3214, acts Aug. 10, 1956, ch. 1041, 70A Stat. 176; Sept. 2, 1958, Pub. L. 85–861, § 1(64), 72 Stat. 1463, prescribed authorized strength of Regular Army in enlisted members on active duty, exclusive of officer candidates. A prior section 3215, acts Aug. 10, 1956, ch. 1041, 70A Stat. 176; Nov. 8, 1967, Pub. L. 90–130, § 1(9)(H), 81 Stat. 375, authorized strength of Women’s Army Corps of Regular Army in warrant officers on active list and in enlisted members on active duty to be prescribed by Secretary, prior to repeal by Pub. L. 95–485, title VIII, § 820(c)(3), Oct. 20, 1978, 92 Stat. 1627. A prior section 3216, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, prescribed authorized strength of Corps of Engineers in enlisted members on active duty, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. Prior sections 3217 to 3220 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026, effective Dec. 1, 1994. Section 3217, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1463, related to authorized strength of Army in reserve commissioned officers in active status. See section 12003 of this title. Section 3218, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1463; amended Pub. L. 96–107, title III, § 302(a), Nov. 9, 1979, 93 Stat. 806; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 102–190, div. A, title X, § 1061(a)(20)(B), Dec. 5, 1991, 105 Stat. 1473, related to authorized strength of Army in reserve general officers in active status. See section 12004 of this title. Section 3219, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1464, related to authorized strength of Army in reserve commissioned officers in active status in grades below brigadier general. See section 12005(a) of this title. Section 3220, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1464; amended Pub. L. 95–485, title VIII, § 820(c)(4), Oct. 20, 1978, 92 Stat. 1627, related to distribution of reserve commissioned officers by Secretary of the Army. See section 12007 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1811(g)(2), redesignated subsec. (d) of section 2305 of this title as subsec. (a) of this section and redesignated pars. (2) to (4) thereof as subsecs. (b) to (d), respectively. Subsec. (a). Pub. L. 116–283, § 1811(g)(3), inserted subsec. heading, redesignated par. (1)(A) as (1), inserted par. heading, and substituted “paragraph (2)” for “subparagraph (B)”, and redesignated par. (1)(B) and its cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respectively, inserted par. heading, and substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions. Subsec. (b). Pub. L. 116–283, § 1811(g)(2), (4), redesignated subsec. (a)(2) as (b), inserted subsec. heading, redesignated subpar. (A) as par. (1), inserted par. heading, and substituted “paragraph (2)” for “subparagraph (B)”, and redesignated subpar. (B) and its cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respectively, inserted par. heading, and substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions. Subsec. (c). Pub. L. 116–283, § 1811(g)(2), (5), redesignated subsec. (a)(3) as (c), inserted heading, and substituted “subsections (a) and (b)” for “paragraphs (1) and (2)”. Subsec. (d). Pub. L. 116–283, § 1811(g)(2), (6), redesignated subsec. (a)(4) as (d), inserted subsec. heading, and substituted “subsection (a)(2) or (b)(2)” for “paragraph (1)(B) or (2)(B)” in introductory provisions; redesignated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively, inserted par. heading, and realigned margins; and redesignated subpar. (B) as par. (2), inserted heading, realigned margin, and substituted “subsection (a)(2) or (b)(2)” for “paragraph (1)(B) or (2)(B)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
Reference in New Issue
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