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LegalText 10 U.S.C. § 2855 Law applicable to contracts for architectural and engineering services and construction design us united_states_code code_section 10 ARMED FORCES 169 MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING 2855 10 U.S.C. § 2855 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s2855 data/legal/raw/us/code/title-10/usc10.xml 210ad05e3a3c41938a7b652921eed7d05502fcf9ba1f98fbc977ecf92bb4cee4 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 fb806a5928e86a7cabf4306320716768d78e17e647846f245e589a3f9a0fc3ae 2026-07-04 official
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10 U.S.C. § 2855 - Law applicable to contracts for architectural and engineering services and construction design

Text

(a) Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with chapter 11 of title 40.

(b) (1) In the case of a contract referred to in subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.).

(2) The threshold amount under paragraph (1) is $1,000,000.

(3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(Added Pub. L. 97214, § 2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 98407, title VIII, § 808(a), Aug. 28, 1984, 98 Stat. 1521; Pub. L. 107217, § 3(b)(22), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108136, div. A, title XIV, § 1427(a), Nov. 24, 2003, 117 Stat. 1670; Pub. L. 115232, div. B, title XXVIII, § 2804(a), (b), Aug. 13, 2018, 132 Stat. 2261.)

Notes

Editorial Notes

References in TextThe Small Business Act, referred to in subsec. (b)(1), is Pub. L. 85536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.

Amendments2018—Subsec. (b)(1). Pub. L. 115232, § 2804(a), substituted “subsection (a),” for “subsection (a)—”, struck out subpar. (B) designation before “if the Secretary”, and struck out subpar. (A) which read as follows: “if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and”. Subsec. (b)(2). Pub. L. 115232, § 2804(b), substituted “threshold” for “initial threshold” and “$1,000,000” for “$300,000” and struck out last sentence which read as follows: “The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a).” 2003—Subsec. (b)(2). Pub. L. 108136 substituted “$300,000” for “$85,000”. 2002—Subsec. (a). Pub. L. 107217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”. 1984—Pub. L. 98407 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentPub. L. 115232, div. B, title XXVIII, § 2804(c), Aug. 13, 2018, 132 Stat. 2262, provided that: “The amendments made by this section [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year.”

Effective Date of 1984 AmendmentPub. L. 98407, title VIII, § 808(b), Aug. 28, 1984, 98 Stat. 1522, provided that: “Subsection (b) of section 2855 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded after September 30, 1984, except that the authority of the Secretary of Defense under paragraph (2) of that subsection shall apply only with respect to contracts awarded after September 30, 1985.”

Effective DateFor effective date and applicability of section, see section 12(a) of Pub. L. 97214, set out as a note under section 2801 of this title.