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Title 10, Armed ForcesRelease 119-110

§3302 Sealed Bids

Title 10 › Subtitle A — General Military Law › PART V — ACQUISITION › Subpart C — Contracting Methods and Contract Types › CHAPTER 241 — AWARDING OF CONTRACTS › § 3302

Last updated Sep 22, 2026|Official source

Summary

Sealed bids must be opened in public at the time and place the solicitation gives. The agency head must review bids under section 3301(a) without talking with bidders and, except as allowed by section 3301(b), must quickly award the contract to the responsible bidder whose bid follows the solicitation and is best for the United States based only on price and other price-related factors in the solicitation. The agency must notify the winner in writing or electronically. Within three days after the award date, the agency must also notify every bidder who did not win, in writing or electronically, that the contract was awarded.

Full Legal Text

Title 10, §3302

Armed Forces, Source: USLM XML via OLRC

(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 head of the agency shall evaluate the bids in accordance with section 3301(a) of this title without discussions with the bidders and, except as provided in section 3301(b) of this title, shall award a contract with reasonable promptness to the responsible bidder whose bid conforms to the solicitation and is most advantageous to the United States, 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 three days after the date of contract award, the head of the agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification The text of subsec. (b)(3) of section 2305 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1816(c)(1), (2)(B), (4) was based on Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1192; Pub. L. 101–510, div. A, title VIII, § 802(d)(2), Nov. 5, 1990, 104 Stat. 1589; Pub. L. 103–355, title I, § 1013(a), Oct. 13, 1994, 108 Stat. 3255.

Prior Provisions

A prior section 3302, act Aug. 10, 1956, ch. 1041, 70A Stat. 187, related to promotion to captain, major, or lieutenant colonel of commissioned officers of Medical Corps, Dental Corps, and Veterinary Corps upon examination of professional fitness and effect upon failure of promotion, prior to repeal by Pub. L. 96–513, title II, § 204, title VII, § 701, Dec. 12, 1980, 94 Stat. 2880, 2955, effective Sept. 15, 1981. See section 631 and 632 of this title.

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 1816(c)(4)(A), (C), redesignated subsec. (b)(3) of section 2305 of this title as subsec. (a) of this section and inserted heading. Former second and third sentences of subsec. (a) designated subsecs. (b) and (c), respectively. Subsec (b). Pub. L. 116–283, § 1816(c)(4)(B), (D), designated second sentence of subsec. (a) as subsec. (b) of this section, inserted heading, and substituted “section 3301(a) of this title” for “paragraph (1)” and “section 3301(b) of this title” for “paragraph (2)”. Subsec. (c). Pub. L. 116–283, § 1816(c)(4)(B), (E), designated third sentence of subsec. (a) as subsec. (c) of this section and inserted heading.

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3302

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110