Title 10 — Armed ForcesRelease 119-73
§2855 Law applicable to contracts for architectural and engineering services and construction design
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 169— - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter SUBCHAPTER III— - ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2855
Summary
Design and construction design contracts for military building projects and military family housing must follow the federal rules used to pick design firms. If the responsible Secretary expects the first award to be under $1,000,000, the contract must be set aside under the Small Business Act’s set-aside rules. That rule does not prevent awards under the Small Business Act’s 8(a) program.
Full Legal Text
Title 10, §2855
Armed Forces — Source: USLM XML via OLRC
(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)).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Small Business Act, referred to in subsec. (b)(1), is Pub. L. 85–536, § 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.
Amendments
2018—Subsec. (b)(1). Pub. L. 115–232, § 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. 115–232, § 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. 108–136 substituted “$300,000” for “$85,000”. 2002—Subsec. (a). Pub. L. 107–217 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. 98–407 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 Amendment Pub. L. 115–232, 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 Amendment Pub. L. 98–407, 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 Date
For
Effective Date
and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 2855
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73