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10 U.S.C. § 3201 — Full and open competition
Federal law — U.S. Code and appendices · legal_authorities
**(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—
(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
(2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Determination of Appropriate Competitive Procedures.—** In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(1) shall solicit sealed bids if—
(A) time permits the solicitation, submission, and evaluation of sealed bids;
(B) the award will be made on the basis of price and other price-related factors;
(C) it is not necessary to conduct discussions with the responding sources about their bids; and
(D) there is a reasonable expectation of receiving more than one sealed bid; and
(2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
**(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.
**(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 seale
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Source file: Laws/federal/codes/united-states-code/title-10/section-3201-full-and-open-competition--fefb593066.md
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Source location: Title 10, Chapter 221, § 3201; chapter-221-planning-and-solicitation-generally.md
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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—
(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
(2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Determination of Appropriate Competitive Procedures.—** In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(1) shall solicit sealed bids if—
(A) time permits the solicitation, submission, and evaluation of sealed bids;
(B) the award will be made on the basis of price and other price-related factors;
(C) it is not necessary to conduct discussions with the responding sources about their bids; and
(D) there is a reasonable expectation of receiving more than one sealed bid; and
(2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
**(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.
**(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:
(1) Chapter 65 of title 41.
(2) Sections 3141–3144, 3146, and 3147 of title 40.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim) 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.
(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.
(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—
(A) specifically refers to this subsection;
(B) specifically identifies the particular non-Federal Government entity involved; and
(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).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim) and to report on such matters to the Congress or any agency of the Federal Government.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of any provision of law referring to this section, the agencies named in this section are the following:
(1) The Department of Defense.
(2) The Department of the Army.
(3) The Department of the Navy.
(4) The Department of the Air Force.
(5) The Coast Guard.
(6) The National Aeronautics and Space Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3063
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; 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), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Army shall ensure that the strength at the end of each fiscal year of officers on active duty is sufficient to enable the Army to meet at least that percentage of the programmed manpower structure for officers for the active component of the Army that is provided for in the most recent Defense Planning Guidance issued by the Secretary of Defense.
**(b)** The number of officers on active duty shall be counted for purposes of this section in the same manner as applies under [section 115(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/a/1&num=0&edition=prelim).
**(c)** In this section:
(1) The term “programmed manpower structure” means the aggregation of billets describing the full manpower requirements for units and organizations in the programmed force structure.
(2) The term “programmed force structure” means the set of units and organizations that exist in the current year and that is planned to exist in each future year under the then-current Future-Years Defense Program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Procedures Other Than Competitive Procedures May Be Used.—** The head of an agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;
(2) the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals;
(3) it is necessary to award the contract to a particular source or sources in order—
(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;
(B) to establish or maintain 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; or
(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
(4) the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3204
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures.—**
(1) **In general.—** — The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capabilities needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those—
(A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section—
(i) can be fielded within a period of two to 24 months;
(ii) do not require substantial development effort;
(iii) are based on technologies that are proven and available; and
(iv) can appropriately be acquired under fixed-price contracts;
(B) that can be developed or procured under a rapid acquisition pathway; or
(C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2651a/m&num=0&edition=prelim))), to which the United States is not a party, for purposes of—
(i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against—
(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled “To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes” (56 Stat. 1028, chapter 668; [42 U.S.C. 1711(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1711/d&num=0&edition=prelim))); or
(II) a United States partner; or
(ii) co
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidance Required.—** The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the Department of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish pathways as described under subsection (b) to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years.
**(b) Acquisition Pathways.—** The Under Secretary of Defense for Acquisition and Sustainment shall establish the following two acquisition pathways:
(1) **Rapid prototyping.—** — The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program or project under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of the development of an approved requirement.
(2) **Rapid fielding.—** — The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program or project under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement.
**(c) Expedited Process.—**
(1) **In general.—** — Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3602
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—
(1) that is designated by the Secretary of Defense as a major defense acquisition program; or
(2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require—
(A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or
(B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars).
**(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following:
(1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim).
(2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (c) through (h), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
**(b) Covered Items.—** An item referred to in subsection (a) is any of the following:
(1) An article or item of—
(A) food;
(B) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(C) tents (and the structural components thereof), tarpaulins, or covers;
(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
(2) Hand or measuring tools.
(3) Stainless steel flatware.
(4) Dinnerware.
(5) A flag of the United States.
**(c) Availability Exception.—** Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices.
**(d) Exception for Certain Procurements.—** Subsection (a) does not apply to the follow
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4862
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of executing the duties and functions of the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-breaking facilities;
(2) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments;
(3) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast Guard districts and shore establishments, and transfer any of the foregoing from one district or shore establishment to another;
(4) conduct experiments and investigate, or cause to be investigated, plans, devices, and inventions relating to the performance of any Coast Guard function, including research, development, test, or evaluation related to intelligence systems and capabilities;
(5) conduct any investigations or studies that may be of assistance to the Coast Guard in the performance of any of its powers, duties, or functions;
(6) collect, publish, and distribute information concerning Coast Guard operations;
(7) conduct or make available to personnel of the Coast Guard, and to eligible spouses as defined under section 2904, such specialized training and courses of instruction, including correspondence courses and the textbooks, manuals, and other materials required as part of such training or course of instruction, as may be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 330
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