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10 U.S.C. § 2305 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2305 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]

### 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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Source location: Title 10, Chapter [CHAPTER 137, § 2305; chapter-chapter-137-chapter-chapter-137.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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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10 U.S.C. § 3206 — Planning and solicitation requirements

**(a) Planning and Specifications.—** (1) **Preparing for procurement.—** — In preparing for the procurement of property or services, the head of an agency shall— (A) specify the agency’s needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; (B) use advance procurement planning and market research; and (C) develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired. (2) **Requirements of specifications.—** — Each solicitation under chapter 137 legacy provisions shall include specifications which— (A) consistent with the provisions of chapter 137 legacy provisions, permit full and open competition; and (B) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the agency or as authorized by law. (3) **Types of specifications.—** — For the purposes of paragraphs (1) and (2), the type of specification included in a solicitation shall depend on the nature of the needs of the agency and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of— (A) function, so that a variety of products or services may qualify; (B) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or (C) design requirements. **(b) Contents of solicitation.—** In addition to the specifications described in subsection (a), a solicitation for sealed bids or competitive proposals (other than for a procurement for commercial products or commercial services using special simplified procedures or a purchase for an amount not greater than the simplified acquisition

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10 U.S.C. § 3207 — Assessment before contract for acquisition of supplies is entered into

The Secretary of Defense shall ensure that before a contract for the delivery of supplies to the Department of Defense is entered into— (1) when the appropriate officials of the Department are making an assessment of the most advantageous source for acquisition of the supplies (considering quality, price, delivery, and other factors), there is a review of the availability and cost of each item of supply— (A) through the supply system of the Department of Defense; and (B) under standard Government supply contracts, if the item is in a category of supplies defined under regulations of the Secretary of Defense as being potentially available under a standard Government supply contract; and (2) there is a review of both the procurement history of the item and a description of the item, including, when necessary for an adequate description of the item, a picture, drawing, diagram, or other graphic representation of the item.

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10 U.S.C. § 3208 — Planning for future competition in contracts for major systems

**(a) Development Contract.—** (1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price. (2) **Contents of proposals.—** — Proposals referred to in the first sentence of paragraph (1) are the following: (A) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source. (B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future. **(b) Production Contract.—** (1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give d

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10 U.S.C. § 3301 — Basis of award and rejection

**(a) Award.—** The head of an agency shall evaluate sealed bids and competitive proposals and make an award based solely on the factors specified in the solicitation. **(b) Rejection.—** All sealed bids or competitive proposals received in response to a solicitation may be rejected if the head of the agency determines that such action is in the public interest.

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10 U.S.C. § 3302 — Sealed bids

**(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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10 U.S.C. § 3303 — Competitive proposals

**(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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3304 — Post-award debriefings

**(a) Request for Debriefing.—** When a contract is awarded by the head of an agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award. **(b) When Debriefing to Be Conducted.—** The head of the agency shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the agency. **(c) Information to Be Provided.—** (1) The debriefing shall include, at a minimum— (A) the agency’s evaluation of the significant weak or deficient factors in the offeror’s offer; (B) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror; (C) the overall ranking of all offers; (D) a summary of the rationale for the award; (E) in the case of a proposal that includes a commercial product that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; (F) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency; and (G) an opportunity for a disappointed offeror to submit, within two business days after receiving a post-award debriefing, additional questions related to the debriefing. (2) The agency shall respond in writing to any additional question submitted under paragraph (1)(G

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3305 — Pre-award debriefings

**(a) Request for Debriefing.—** When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within three days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award. **(b) When Debriefing to Be Conducted.—** The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Government to conduct a debriefing at that time. **(c) Precondition for Post-award Debriefing.—** The contracting officer is required to debrief an excluded offeror in accordance with [section 3304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3304&num=0&edition=prelim) only if that offeror requested and was refused a preaward debriefing under subsections (a) and (b). **(d) Information to Be Provided.—** The debriefing conducted under subsections (a) and (b) shall include— (1) the executive agency’s evaluation of the significant elements in the offeror’s offer; (2) a summary of the rationale for the offeror’s exclusion; and (3) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency. **(e) Information Not to Be Disclosed.—** The debriefing conducted under subsections (a) and (b) may not disclose the number or identity of other offerors and shall not disclose information about the content

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10 U.S.C. § 3306 — Encouragement of alternative dispute resolution

The Federal Acquisition Regulation shall include a provision encouraging the use of alternative dispute resolution techniques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competitive range (or otherwise from further consideration) for that contract.

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