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10 U.S.C. § 3302 — Sealed bids
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3301/a&num=0&edition=prelim) without discussions with the bidders and, except as provided in [section 3301(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3301/b&num=0&edition=prelim), 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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3302-sealed-bids--e94850ba5f.md
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Source location: Title 10, Chapter 241, § 3302; chapter-241-awarding-of-contracts.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3301/a&num=0&edition=prelim) without discussions with the bidders and, except as provided in [section 3301(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3301/b&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 130; Pub. L. 85–861, § 1(44), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 90–268, § 3, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1191; Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591; Pub. L. 99–145, title XIII, § 1303(a)(14), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–500, § 101(c) [title X, § 924(a), (b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 924(a), (b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title III, § 313(b), title IX, formerly title IV, § 924(a), (b), Nov. 14, 1986, 100 Stat. 3853, 3932, 3933, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 806, Sept. 29, 1988, 102 Stat. 2010; Pub. L. 101–189, div. A, title VIII, § 853(f), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 101–510, div. A, title VIII, § 802(a)–(d), Nov. 5, 1990, 104 Stat. 1588, 1589; Pub. L. 103–160, div. A, title XI, § 1182(a)(5), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 103–355, title I, §§ 1011–1016, title IV, § 4401(b), Oct. 13, 1994, 108 Stat. 3254–3257, 3347; Pub. L. 104–106, div. D, title XLI, §§ 4103(a), 4104(a), title XLII, § 4202(a)(2), div. E, title LVI, § 5601(a), Feb. 10, 1996, 110 Stat. 643, 644, 653, 699; Pub. L. 104–201, div. A, title VIII, § 821(a), title X, § 1074(a)(11), (b)(4)(A), Sept. 23, 1996, 110 Stat. 2609, 2659, 2660; Pub. L. 106–65, div. A, title VIII, § 821, Oct. 5, 1999, 113 Stat. 714; Pub. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Pub. L. 115–91, div. A, title VIII, § 818(b), Dec. 12, 2017, 131 Stat. 1463; Pub. L. 115–232, div. A, title VIII, § 836(c)(3), Aug. 13, 2018, 132 St
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2305
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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).
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Federal law — U.S. Code and appendices · legal_authorities
Page 2462
TITLE 10—ARMED FORCES
§ 3302
‘‘(b) ELEMENTS.—The strategy required by subsection
(a) shall, at a minimum—
‘‘(1) establish standards for the timeliness and com-
pleteness of past performance submissions for pur-
poses of databases described in subsection (a);
‘‘(2) assign responsibility and management account-
ability for the completeness of past performance sub-
missions for such purposes; and
‘‘(3) ensure that past performance submissions for
such purposes are consistent with award fee evalua-
tions in cases where such evaluations have been con-
ducted.
‘‘(c) CONTRACTOR COMMENTS.—Not later than 180 days
after the date of the enactment of this Act [Dec. 31,
2011], the Under Secretary of Defense for Acquisition
and Sustainment shall revise the Defense Supplement
to the Federal Acquisition Regulation to require the
following:
‘‘(1) That affected contractors are provided, in a
timely manner, information on contractor perform-
ance to be included in past performance databases in
accordance with subsection (a).
‘‘(2) That such contractors are afforded up to 14 cal-
endar days, from the date of delivery of the informa-
tion provided in accordance with paragraph (1), to
submit comments, rebuttals, or additional informa-
tion pertaining to past performance for inclusion in
such databases.
‘‘(3) That agency evaluations of contractor past
performance, including any information submitted
under paragraph (2), are included in the relevant past
performance database not later than the date that is
14 days after the date of delivery of the information
provided in accordance with paragraph (1).
‘‘(d) CONSTRUCTION.—Nothing in this section shall be
construed to prohibit a contractor from submitting
comments, rebuttals, or additional information per-
tain
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