Title 10 — Armed Forces
Part V · Chapter 201 — Definitions
§ 3012. Competitive procedures
Statutory text
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—
procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;
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;
the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—
participation in the program has been open to all responsible sources; and
orders and contracts under such program result in the best value to meet the needs of the United States;
procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1806(b)(1) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3012
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (3), Jan. 1, 2021, 134 Stat. 4153
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (3), Jan. 1, 2021, 134 Stat. 4153Enacted provision · exact public law section
(1) In general.— Such chapter is further amended by adding at the end the following new subchapter: “SUBCHAPTER II— DEFINITIONS APPLICABLE 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 “§ 3012. Competitive procedures “§ 3013. Technical data “§ 3014. Nontraditional defense contractor “§ 3015. Simplified acquisition threshold” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1806(b)(3) · 134 Stat. 3388
Struck · 10 U.S.C. § 3012
Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, struck out par. (2) designation at beginning
Substituted · 10 U.S.C. § 3012
Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, substituted “In this part, the term” for “The term” in introductory provisions
Redesignated · 10 U.S.C. § 3012
Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and, in par. (3)
Redesignated · 10 U.S.C. § 3012
Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively
Source evidence
Code amendment note
Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, struck out par. (2) designation at beginning, substituted “In this part, the term” for “The term” in introductory provisions, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and, in par. (3), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.Enacted provision · exact public law section
(3) Transfer of 2302(2).— Paragraph (2) of section 2302 of such title is transferred to section 3012 of such title, as added by paragraph (1), inserted after the section heading, realigned 2 ems to the left, and amended— (A) by striking the paragraph designation; (B) by striking “The term” and inserting “In this part, the term”; (C) by redesignating subparagraphs (A), (B), (C), (D), and (E) as paragraphs (1), (2), (3), (4), and (5), respectively; and (D) by redesignating clauses (i) and (ii) of paragraph (3), as so redesignated, as subparagraphs (A) and (B), respectively.Pub. L. 119–60 div. A title VIII § 812(a)(3) · 139 Stat. 951
Substituted · 10 U.S.C. § 3012(3)(B)
Pub. L. 119–60 substituted “best value” for “lowest overall cost alternative”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (3)(B). Pub. L. 119–60 substituted “best value” for “lowest overall cost alternative”.
5 of 6 references resolved to an enrolled provision · 1 unresolved
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. 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), , 98 Stat. 1186; Pub. L. 98–577, title V, § 504(b)(3), , 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), , 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284; Pub. L. 107–217, § 3(b)(2), , 116 Stat. 1295; Pub. L. 115–91, div. A, title II, § 221, , 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.
Amendments2021–2025 · 2 rounds
2025
Par. (3)(B). Pub. L. 119–60 substituted “best value” for “lowest overall cost alternative”.
2021
Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, struck out par. (2) designation at beginning, substituted “In this part, the term” for “The term” in introductory provisions, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and, in par. (3), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions 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 preceding section 3001 of this title.
Credits
2021–2025 · 2 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (3), , 134 Stat. 4153
- 2025Pub. L. 119–60, div. A, title VIII, § 812(a)(3), , 139 Stat. 951.
Show as published
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (3), , 134 Stat. 4153; Pub. L. 119–60, div. A, title VIII, § 812(a)(3), , 139 Stat. 951.)