§3012 — Title 10 Armed Forces | U.S. Code

Summary

Defines "competitive procedures" as when an agency head awards a contract after a full and open competition. It means the agency lets all qualified sources try to win the work and then picks the best offer. It also includes five specific kinds of competitions: hiring architects or engineers under chapter 11 of title 40; choosing science and technology proposals from a general call with peer or scientific review; using the GSA multiple award schedule if it was open to all responsible sources and orders give the best value to the United States; procurements under section 15 of the Small Business Act (15 U.S.C. 644) if all eligible businesses may compete; and selecting research proposals from a general call under section 9 of the Small Business Act (15 U.S.C. 638) with peer or scientific review.

Title 10, §3012

Armed Forces — Source: USLM XML via OLRC

In this part, the term “competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes—

(1)procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;

(2)the competitive selection for award of science and technology proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals;

(3)the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—

(A)participation in the program has been open to all responsible sources; and

(B)orders and contracts under such program result in the best value to meet the needs of the United States;

(4)procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and

(5)a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638).

Notes & Related Subsidiaries

Editorial Notes

Codification The text of par. (2) of section 2302 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1806(b)(3), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333.

Prior Provisions

A prior section 3012 was renumbered section 7012 of this title. Another prior section 3012 was renumbered section 3013 of this title and subsequently repealed.

Amendments

2025—Par. (3)(B). Pub. L. 119–60 substituted “best value” for “lowest overall cost alternative”. 2021—Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, struck out par. (2) designation at beginning, substituted “In this part, the term” for “The term” in introductory provisions, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and, in par. (3), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

§3012 Competitive Procedures

Summary

Title 10, §3012

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata