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10 U.S.C. § 3012 — Competitive procedures
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
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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.
Page 2380
TITLE 10—ARMED FORCES
§ 3013
116–283, § 1806(b)(3), was based on act Aug. 10, 1956, ch.
1041, 70A Stat. 127; Pub. L. 98–369, div. B, title VII,
§ 2722(a), July 18, 1984, 98 Stat. 1186; 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. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295;
Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131
Stat. 1333.
PRIOR PROVISIONS
A prior section 3012 was renumbered section 7012 of
this title.
Another prior section 3012 was renumbered section
3013 of this title and subsequently repealed.
AMENDMENTS
2021—Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of
section 2302 of this title to this section, realigned mar-
gin, struck out par. (2) designation at beginning, sub-
stituted ‘‘In this part, the term’’ for ‘‘The term’’ in in-
troductory provisions, redesignated subpars. (A) to (E)
as pars. (1) to (5), respectively, and, in par. (3), redesig-
nated cls. (i) and (ii) as subpars. (A) and (B), respec-
tively.
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.
§ 3013. Technical data
In any chapter 137 legacy provision, the term
‘‘technical data’’ means recorded information
(regardless of the form or method of the record-
ing) of a scientific or technical nature (includ-
ing 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.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1806(b)(1), (4), Jan. 1, 2021, 134 Stat. 4153.)
Editorial Notes
CODIFICATION
The text of par. (4) of section 2302 of this title, which
was transferred to this section and amended by Pub. L.
116–283, § 1806(b)(4), was based on Pub. L. 98–525, title
XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 100–26,
§ 7(k)(2), Apr. 21, 1987, 101 Stat. 284.
PRIOR PROVISIONS
A prior section 3013 was renumbered section 7013 of
this title.
Another prior section 3013, acts Aug. 10, 1956, ch. 1041,
70A Stat. 157, § 3012; Sept. 2, 1958, Pub. L. 85–861, § 1(57),
72 Stat. 1462; Sept. 7, 1962, Pub. L. 87–651, title II, § 211,
76 Stat. 524; Aug. 14, 1964, Pub. L. 88–426, title III,
§§ 305(2), 306(j)(1), 78 Stat. 422, 431; Nov. 2, 1966, Pub. L.
89–718, § 22, 80 Stat. 1118; renumbered § 3013, Oct. 1, 1986,
Pub. L. 99–433, title V, § 501(a)(2), 100 Stat. 1034, related
to Secretary of the Army, powers and duties, and dele-
gations, prior to repeal by Pub. L. 99–433, § 501(a)(5).
Another prior section 3013 was renumbered section
3014 of this title and subsequently repealed.
AMENDMENTS
2021—Pub. L. 116–283, § 1806(b)(4), transferred par. (4) of
section 2302 of this title to this section, realigned mar-
gin, struck out par. (4) designation at beginning, and
substituted ‘‘In any chapter 137 legacy provision, the
term’’ for ‘‘The term’’.
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.
§ 3014. Nontraditional defense contractor
In this part, the term ‘‘nontraditional defense
contractor’’, with respect to a procurement or
with respect to a transaction authorized under
section 4021(a) or 4022 of this title, means an en-
tity that is not currently performing and has
not performed, for at least the one-year period
preceding the solicitation of sources by the De-
partment of Defense for the procurement or
transaction, any contract or subcontract for the
Department of Defense that is subject to full
coverage under the cost accounting standards
prescribed pursuant to section 1502 of title 41
and the regulations implementing such section.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1806(b)(1), (5), Jan. 1, 2021, 134 Stat. 4153,
4154; Pub. L. 117–263, div. A, title X, § 1081(a)(4),
Dec. 23, 2022, 136 Stat. 2797.)
Editorial Notes
CODIFICATION
The text of par. (9) of section 2302 of this title, which
was transferred to this section and amended by Pub. L.
116–283, § 1806(b)(5), was based on 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)(B), Dec. 19, 2014, 128
Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov.
25, 2015, 129 Stat. 896.
PRIOR PROVISIONS
A prior section 3014 was renumbered section 7014 of
this title.
Another prior section 3014, acts Aug. 10, 1956, ch. 1041,
70A Stat. 158, § 3013; Aug. 6, 1958, Pub. L. 85–599, § 8(a), 72
Stat. 519; Sept. 2, 1958, Pub. L. 85–861, § 1(58), 72 Stat.
1462; Aug. 14, 1964, Pub. L. 88–426, title III, § 305(3), 78
Stat. 422; Dec. 1, 1967, Pub. L. 90–168, § 2(12), 81 Stat. 523;
Dec. 31, 1970, Pub. L. 91–611, title II, § 211(a), 84 Stat.
1829; Nov. 9, 1979, Pub. L. 96–107, title VIII, § 820(b), 93
Stat. 819; Sept. 24, 1983, Pub. L. 98–94, title XII,
§ 1212(c)(1), 97 Stat. 687; renumbered § 3014, Oct. 1, 1986,
Pub. L. 99–433, title V, § 501(a)(2), 100 Stat. 1034, related
to Under Secretary and Assistant Secretaries of the
Army, appointment, and duties, prior to repeal by Pub.
L. 99–433, § 501(a)(5).
Another prior section 3014 was renumbered section
3015 of this title and subsequently repealed.
AMENDMENTS
2022—Pub. L. 117–263 substituted ‘‘section 4021(a) or
4022’’ for ‘‘section 4002(a) or 4003’’.
2021—Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of
section 2302 of this title to this section, realigned mar-
gin, struck out par. (9) designation at beginning, and
substituted ‘‘In this part, the term’’ for ‘‘The term’’
and ‘‘section 4002(a) or 4003’’ for ‘‘section 2371(a) or
2371b’’.
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-
Cross-references
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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)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3012
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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
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 638. This identifies an authority to review, not proof of applicability.
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
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
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 644
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 644. This identifies an authority to review, not proof of applicability.