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10 U.S.C. § 3012 — Competitive procedures
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim)).
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Source location: Title 10, Chapter 201, § 3012; chapter-201-definitions.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army shall have a seal for the Department of the Army. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7012
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Federal law — U.S. Code and appendices · legal_authorities
In any chapter 137 legacy provision, the term “technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3013
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy.
**(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered—
(1) to assist small-business concerns to obtain Government contracts for research and development;
(2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense;
(3) to provide technical assistance to small-business concerns to accomplish the purposes of this section;
(4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs;
(5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 638
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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
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85–861, § 1(43A), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96–513, title V, § 511(74), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–525, title XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; 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. 101–189, div. A, title VIII, § 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. L. 102–25, title VII, § 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 805, Dec. 5, 1991, 105 Stat. 1417; Pub. L. 103–355, title I, § 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 104–201, div. A, title VIII, §§ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105–85, div. A, title VIII, § 803(b), Nov. 18, 1997, 111 Stat. 1832; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, § 1806(a)(5), (6), (b)(2)–(6
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference.—** The head of an agency shall ensure that, to the maximum extent practicable—
(1) requirements of the agency with respect to a procurement of supplies or services are stated in terms of—
(A) functions to be performed;
(B) performance required; or
(C) essential physical characteristics;
(2) such requirements are defined so that commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products, may be procured to fulfill such requirements; and
(3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill such requirements.
**(b) Implementation.—** The head of an agency shall ensure that acquisition officials in such agency and prime contractors and subcontractors (at any tier) performing contracts with such agency (including those performing consulting, research, and advisory services to acquisition officials of such agency) to the maximum extent practicable—
(1) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency;
(2) require such prime contractors and subcontractors to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency;
(3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products;
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3453
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share.—**
(1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under [section 4124(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124/d&num=0&edition=prelim) for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery.
(2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.
**(b) Products for Which Federal Prison Industries Has Significant Market Share.—**
(1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3905
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Federal law — U.S. Code and appendices · legal_authorities
Page 2379
TITLE 10—ARMED FORCES
§ 3012
and striking out former section 3005 heading and catch-
line ‘‘Service chief concerned’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment made to Pub. L. 116–283 by Pub. L. 117–81,
resulting in omission of this section, applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and Ef-
fective Date note below.
EFFECTIVE DATE
Section effective Jan. 1, 2022, with additional provi-
sions 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 pre-
ceding section 3001 of this title.
§ 3006. Acquisition workforce
For the definition of the term ‘‘acquisition
workforce’’ for the purposes of this part, see sec-
tion 101(a)(18) of this title.
(Added Pub. L. 116–283, div. A, title XVIII,
§ 1806(a)(1), Jan. 1, 2021, 134 Stat. 4152.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3010 was renumbered section 7011 of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 2022, with additional provi-
sions 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 pre-
ceding section 3001 of this title.
SUBCHAPTER
II—DEFINITIONS
APPLICA-
BLE TO PROCUREMENT GENERALLY
Sec.
3011.
Definitions incorporated from title 41.
3012.
Competitive procedures.
3013.
Technical data.
3014.
Nontraditional defense contractor.
3015.
Simplified acquisition threshold.
3016.
Chapter 137 legacy provisions.
§ 3011. Definitions incorporated fro
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3012
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Federal law — U.S. Code and appendices · legal_authorities
Page 922
TITLE 15—COMMERCE AND TRADE
§ 637d
(3) the term ‘‘Government procurement con-
tract’’ means any contract for the procure-
ment of any goods or services by any Federal
agency.
(Pub. L. 95–507, title II, § 224(a), Oct. 24, 1978, 92
Stat. 1772; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95–507,
Oct. 24, 1978, 92 Stat. 1757. For complete classification
of this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of the Small Busi-
ness Act which comprises this chapter.
AMENDMENTS
2004—Par. (2). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’.
§ 637d. Subcontracting plan reports
(1) Reporting requirements
Not later than 1 year after January 2, 2013, the
Administrator of the Small Business Adminis-
tration shall take such actions as are necessary
to ensure that the electronic subcontracting re-
porting system established by the Administra-
tion to carry out the requirement of section
637(d)(6)(E) of this title is modified to ensure
that it can identify entities that fail to submit
required reports.
(2) Annual report
Not later than March 31 of each year, the Ad-
ministrator of the Small Business Administra-
tion shall provide the Committee on Small Busi-
ness of the House of Representatives and the
Committee on Small Business and Entrepre-
neurship of the Senate a report, based on data
available through existing systems, that sets
forth, by agency (and to the extent practicable,
by type of goal or plan), the following informa-
tion:
(A) the percentage of entities required to
submit reports pursuant to section 637(d)(6) of
this title that filed such reports and that
failed t
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 638
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