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10 U.S.C. § 3303 — Competitive proposals
Federal law — U.S. Code and appendices · legal_authorities
**(a) Evaluation and Award.—** The head of an agency shall evaluate competitive proposals 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) and may award a contract—
(1) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or
(2) based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary.
**(b) Limit on Number of Proposals.—** If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under subsection (a)(1) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.
**(c) Criteria for Awarding Contract.—** 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), the head of the agency shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the United States, considering only cost or price and the other factors included in the solicitation.
**(d) Notice of Awar
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Source location: Title 10, Chapter 241, § 3303; chapter-241-awarding-of-contracts.md
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**(a) Evaluation and Award.—** The head of an agency shall evaluate competitive proposals 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) and may award a contract—
(1) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or
(2) based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary.
**(b) Limit on Number of Proposals.—** If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under subsection (a)(1) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.
**(c) Criteria for Awarding Contract.—** 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), the head of the agency shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the United States, considering only cost or price and the other factors included in the solicitation.
**(d) Notice of Award.—** The head of the agency shall award the contract by transmitting, in writing or by electronic means, notice of the award to such source and, within three days after the date of contract award, shall notify, in writing or by electronic means, all other offerors of the rejection of their proposals.
**(e) Exception for Perishable Subsistence Items.—** Subsections (c) and (d) do not apply with respect to the award of a contract for the acquisition of perishable subsistence items.
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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
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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
**(a) Authorization.—** Unless the traditional acquisition approach of design-bid-build established under chapter 11 of title 40 is used or another acquisition procedure authorized by law is used, the head of an agency shall use the two-phase selection procedures authorized in this section for entering into a contract for the design and construction of a public building, facility, or work when a determination is made under subsection (b) that the procedures are appropriate for use.
**(b) Criteria for Use.—** A contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when—
(1) the contracting officer anticipates that three or more offers will be received for such contract;
(2) design work must be performed before an offeror can develop a price or cost proposal for such contract;
(3) the offeror will incur a substantial amount of expense in preparing the offer; and
(4) the contracting officer has considered information such as the following:
(A) The extent to which the project requirements have been adequately defined.
(B) The time constraints for delivery of the project.
(C) The capability and experience of potential contractors.
(D) The suitability of the project for use of the two-phase selection procedures.
(E) The capability of the agency to manage the two-phase selection process.
(F) Other criteria established by the agency.
**(c) Procedures Described.—** Two-phase selection procedures consist of the following:
(1) **Development of scope of work statement.—** — The agency develops, either in-house or by contract, a scope of work statement for inclusion in the solicitation that defines the p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the head of a covered agency may—
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
**(b) Determination and Notification.—** The head of a covered agency may exercise the authority provided in subsection (a) only after—
(1) consulting with procurement or other relevant officials of the covered agency;
(2) making a determination in writing, in unclassified or classified form, that—
(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
(A) a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and
(B) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
**(c) Limitation on Disclosure.—** If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—
(1) no action undertaken by the agency head under such author
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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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3303
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