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10 U.S.C. § 3011 — Definitions incorporated from title 41

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10 U.S.C. § 3011 — Definitions incorporated from title 41

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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 from title 41 In any chapter 137 legacy provision, the fol- lowing terms have the meanings provided such terms in chapter 1 of title 41: (1) The term ‘‘procurement’’. (2) The term ‘‘procurement system’’. (3) The term ‘‘standards’’. (4) The term ‘‘full and open competition’’. (5) The term ‘‘responsible source’’. (6) The term ‘‘item’’. (7) The term ‘‘item of supply’’. (8) The term ‘‘supplies’’. (9) The term ‘‘commercial product’’. (10) The term ‘‘commercial service’’. (11) The term ‘‘nondevelopmental item’’. (12) The term ‘‘commercial component’’. (13) The term ‘‘component’’. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (2), Jan. 1, 2021, 134 Stat. 4153.) Editorial Notes CODIFICATION The text of par. (3) of section 2302 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1806(b)(2), was based on Pub. L. 103–355, title I, § 1502(1), 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. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864. PRIOR PROVISIONS A prior section 3011 was renumbered section 7011 of this title. Another prior section 3011 was renumbered section 7012 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1806(b)(2), transferred par. (3) of section 2302 of this title to this section, realigned mar- gin, struck out par. (3) designation at beginning, sub- stituted ‘‘In any chapter 137 legacy provision, the fol- lowing’’ for ‘‘The following’’ in introductory provisions, and redesignated subpars. (A) to (M) as pars. (1) to (13), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3012. Competitive procedures In this part, the term ‘‘competitive proce- dures’’ means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also in- cludes— (1) procurement of architectural or engineer- ing 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 Admin- istrator of General Services for the multiple award schedule program of the General Serv- ices Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders and contracts under such pro- gram result in the lowest overall cost alter- native 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) as long as all responsible business con- cerns that are entitled to submit offers for such procurements are permitted to compete; and (5) a competitive selection of research pro- posals resulting from a general solicitation and peer review or scientific review (as appro- priate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638). (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (3), Jan. 1, 2021, 134 Stat. 4153.) Editorial Notes CODIFICATION The text of par. (2) of section 2302 of this title, which was transferred to this section and amended by Pub. L.

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

10 U.S.C. § 3011 — Definitions incorporated from title 41

In any chapter 137 legacy provision, the following terms have the meanings provided such terms in chapter 1 of title 41: (1) The term “procurement”. (2) The term “procurement system”. (3) The term “standards”. (4) The term “full and open competition”. (5) The term “responsible source”. (6) The term “item”. (7) The term “item of supply”. (8) The term “supplies”. (9) The term “commercial product”. (10) The term “commercial service”. (11) The term “nondevelopmental item”. (12) The term “commercial component”. (13) The term “component”.

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

15 U.S.C. § 638 — Research and development

**(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

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

15 U.S.C. § 638 — Research and development

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

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

15 U.S.C. § 644 — Awards or contracts

**(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

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

15 U.S.C. § 644 — Awards or contracts

Page 973 TITLE 15—COMMERCE AND TRADE § 644 Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title. § 643. Fair charge for use of Government-owned property To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will re- sult in a recovery of the direct costs incurred by the Administration. (Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title. § 644. Awards or contracts (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 determina- tion of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full pro- ductive capacity of the United States; (B) war or national defense programs; or (C) assuring that a

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