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10 U.S.C. § 2855 — Law applicable to contracts for architec-

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

10 U.S.C. § 2855 — Law applicable to contracts for architec-

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Page 2278 TITLE 10—ARMED FORCES § 2855 an electronic medium pursuant to section 480 of this title’’. 2002—Subsec. (d)(1). Pub. L. 107–217 substituted ‘‘Sub- title I of title 40 and title III of the’’ for ‘‘The’’ and ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. 2001—Subsec. (d)(2). Pub. L. 107–107 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. § 2855. Law applicable to contracts for architec- tural and engineering services and construc- tion design (a) Contracts for architectural and engineer- ing services and construction design in connec- tion with a military construction project or a military family housing project shall be award- ed in accordance with chapter 11 of title 40. (b)(1) In the case of a contract referred to in subsection (a), if the Secretary concerned esti- mates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.). (2) The threshold amount under paragraph (1) is $1,000,000. (3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 98–407, title VIII, § 808(a), Aug. 28, 1984, 98 Stat. 1521; Pub. L. 107–217, § 3(b)(22), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title XIV, § 1427(a), Nov. 24, 2003, 117 Stat. 1670; Pub. L. 115–232, div. B, title XXVIII, § 2804(a), (b), Aug. 13, 2018, 132 Stat. 2261.) Editorial Notes REFERENCES IN TEXT The Small Business Act, referred to in subsec. (b)(1), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–232, § 2804(a), sub- stituted ‘‘subsection (a),’’ for ‘‘subsection (a)—’’, struck out subpar. (B) designation before ‘‘if the Secretary’’, and struck out subpar. (A) which read as follows: ‘‘if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and’’. Subsec. (b)(2). Pub. L. 115–232, § 2804(b), substituted ‘‘threshold’’ for ‘‘initial threshold’’ and ‘‘$1,000,000’’ for ‘‘$300,000’’ and struck out last sentence which read as follows: ‘‘The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a).’’ 2003—Subsec. (b)(2). Pub. L. 108–136 substituted ‘‘$300,000’’ for ‘‘$85,000’’. 2002—Subsec. (a). Pub. L. 107–217 substituted ‘‘chapter 11 of title 40’’ for ‘‘title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’. 1984—Pub. L. 98–407 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–232, div. B, title XXVIII, § 2804(c), Aug. 13, 2018, 132 Stat. 2262, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2019 and each suc- ceeding fiscal year.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–407, title VIII, § 808(b), Aug. 28, 1984, 98 Stat. 1522, provided that: ‘‘Subsection (b) of section 2855 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded after September 30, 1984, except that the authority of the Secretary of Defense under paragraph (2) of that sub- section shall apply only with respect to contracts awarded after September 30, 1985.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2856. Military unaccompanied housing: stand- ards (a) LOCAL COMPARABILITY IN FLOOR AREAS.—In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for pur- poses of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A). (b) FLOOR SPACE AND NUMBER OF MEMBERS AL- LOWED.—In the design and configuration of cov- ered military unaccompanied housing, the Sec- retary of Defense shall establish uniform design standards that— (1) provide a minimum area of floor space, not including bathrooms or closets, per indi- vidual occupying a unit of covered military unaccompanied housing; (2) ensure that not more than two individ- uals may occupy such a unit; and (3) provide definitions and measures that specify— (A) criteria of design; (B) quality of construction material to be used; and (C) levels of maintenance to be required. (c) COVERED MILITARY UNACCOMPANIED HOUS- ING.—For purposes of this section, section 2856a, and section 2856b, the term ‘‘covered military unaccompanied housing’’ means Government- owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 101–510, div. A, title XIII, § 1301(19), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–364, div. B, title XXVIII, § 2807(a)(1), Oct. 17, 2006, 120 Stat. 2468; Pub. L. 118–31, div. B, title XXVIII, § 2831(a)(1), Dec. 22, 2023, 137 Stat. 753; Pub. L. 118–159, div. A, title XVII, § 1701(a)(31), Dec. 23, 2024, 138 Stat. 2205.)

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

10 U.S.C. § 2855 — Law applicable to contracts for architectural and engineering services and construction design

**(a)** Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with chapter 11 of title 40. **(b)** (1) In the case of a contract referred to in subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act ([15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.). (2) The threshold amount under paragraph (1) is $1,000,000. (3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act ([15 U.S.C. 637(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/a&num=0&edition=prelim)).

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15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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

15 U.S.C. § 631 — Declaration of policy

Page 748 TITLE 15—COMMERCE AND TRADE § 631 Section 618, act June 30, 1947, ch. 166, title II, § 208, 61 Stat. 209, related to purchase and sale of surplus prop- erty, and was repealed by act of May 25, 1948, ch. 334, § 7, 62 Stat. 265. Section 619, act July 29, 1947, ch. 346, title II, § 201, 61 Stat. 515, related to limitations on use of funds of the Corporation, which Corporation was abolished by sec- tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out preceding section 601 of this title. CHAPTER 14A—AID TO SMALL BUSINESS Sec. 631. Declaration of policy. 631a. Congressional declaration of small business economic policy. 631b. Reports to Congress; state of small business. 631c. Small Business Manufacturing Task Force. 632. Definitions. 633. Small Business Administration. 633a. Detailed justification for proposed changes in budget requests. 634. General powers. 634a. Office of Advocacy within Small Business Ad- ministration; Chief Counsel for Advocacy. 634b. Primary functions of Office of Advocacy. 634c. Additional duties of Office of Advocacy. 634d. Staff and powers of Office of Advocacy. 634e. Assistance of Government agencies. 634f. Reports. 634g. Budgetary line item and authorization of ap- propriations. 635. Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employ- ees’ compensation funds. 636. Additional powers. 636a. Repealed. 636b. Disaster loan interest rates. 636c. Age of applicant for disaster loans. 636d. Disaster aid to major sources of employment. 636e. Definitions. 636f. Coordination of efforts between the Adminis- trator and the Internal Revenue Service to expedite loan processing. 636g. Developmen

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

15 U.S.C. § 637 — Additional powers

**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes** (1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap

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15 U.S.C. § 637 — Additional powers

Page 890 TITLE 15—COMMERCE AND TRADE § 637 mortgage obligations, payments on covered lease ob- ligations, or covered utility payments, as the case may be.’’ Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended subsec. (i) generally. Prior to amendment, text read as follows: ‘‘For purposes of title 26, any amount which (but for this subsection) would be includible in gross in- come of the eligible recipient by reason of forgiveness described in subsection (b) shall be excluded from gross income.’’ Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added subsec. (l). Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l). Text read as follows: ‘‘An eligible recipient that re- ceived a covered loan before June 5, 2020, may elect for the covered period applicable to such covered loan to end on the date that is 8 weeks after the date of the origination of such covered loan.’’ Pub. L. 116–142, § 3(b)(3), added subsec. (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–2 applicable only with re- spect to applications for forgiveness of covered loans made under pars. (36) or (37) of section 636(a) of this title received on or after Mar. 11, 2021, see section 5001(c)(3) of Pub. L. 117–2, set out as a note under sec- tion 636 of this title. EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020, 134 Stat. 1979, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply to taxable years ending after the date of the enactment of the CARES Act [Mar. 27, 2020].’’ Amendment by section 304(b)(1)(A), (B), (2) of div. N of Pub. L. 116–260 effective as if included in Pub. L. 116–136 and applicable to any loan made pursuant to secti

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40 U.S.C. § 541 — Supervision and direction

Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle.

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

40 U.S.C. § 541 — Supervision and direction

Page 45 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 545 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, pro- vided that the repeal of this section by section 2(e)(2) is effective on the date that is 5 years after Oct. 1, 2024. SUBCHAPTER III—DISPOSING OF PROPERTY § 541. Supervision and direction Except as otherwise provided in this sub- chapter, the Administrator of General Services shall supervise and direct the disposition of sur- plus property in accordance with this subtitle. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 541 ............. 40:484(a). June 30, 1949, ch. 288, title II, § 203(a), 63 Stat. 385. The words ‘‘shall supervise and direct the disposition of surplus property in accordance with this subtitle’’ are substituted for ‘‘shall have supervision and direc- tion over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be pre- scribed in or pursuant to this Act’’ for clarity and to eliminate unnecessary words. Statutory Notes and Related Subsidiaries TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983 Pub. L. 98–181, title I [title I, § 126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that: ‘‘(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban De- velopment and the Secretary of Agriculture may dis- pose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this A

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