Title 10 — Armed Forces
Part V · Chapter 221 — Planning and Solicitation Generally
§ 3205. Simplified procedures for small purchases
Statutory text
Authorization.—
In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
Prohibition on Dividing Contracts.—
A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
Promotion of Competition.—
In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
Compliance With Special Requirements of Federal Acquisition Regulation.—
The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of title 41.
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 § 1811(d)(1) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3205
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (9), Jan. 1, 2021, 134 Stat. 4166, 4170.)
Source evidence
Code source credit
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (9), Jan. 1, 2021, 134 Stat. 4166, 4170.)Enacted provision · exact public law section
(1) Section headings.— Chapter 221 of title 10, United States Code, as amended by subsection (b), is amended by adding after section 3201, as added by subsection (c), the following new sections: “§ 3203. Exclusion of particular source or restriction of solicitation to small business concerns “§ 3204. Use of procedures other than competitive procedures “§ 3205. Simplified procedures for small purchases” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(9)(A) · 134 Stat. 3388
Inserted · 10 U.S.C. § 3205(a)
Pub. L. 116–283, § 1811(d)(9)(A), (C), inserted heading
Struck · 10 U.S.C. § 3205(a)
Pub. L. 116–283, § 1811(d)(9)(A), (C), struck out par. (1) designation before “In order to”
Redesignated · 10 U.S.C. § 3205(a)
Pub. L. 116–283, § 1811(d)(9)(A), (C), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Former pars. (2) to (4) redesignated subsecs. (b) to (d), respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1811(d)(9)(A), (C), inserted heading, struck out par. (1) designation before “In order to”, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Former pars. (2) to (4) redesignated subsecs. (b) to (d), respectively.Enacted provision · exact public law section
(A) by striking “(1) in order to” and inserting “Authorization.—In order to”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(9) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3205(a)
Pub. L. 116–283, § 1811(d)(9), redesignated subsec. (g) of section 2304 of this title as subsec. (a) of this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1811(d)(9), redesignated subsec. (g) of section 2304 of this title as subsec. (a) of this section.Enacted provision · exact public law section
(9) Transfer of subsection (g) of section 2304.— Subsection (g) of section 2304 of title 10, United States Code, is transferred to section 3205 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— (A) by striking “(1) in order to” and inserting “Authorization.—In order to”; (B) by redesignating paragraphs (2), (3), and (4) as subsections (b), (c), and (d), respectively; (C) by redesignating subparagraphs (A) and (B) in subsection (a) as paragraphs (1) and (2), respectively; (D) in subsection (b), as redesignated by subparagraph (B)— (i) by inserting “Prohibition on Dividing Contracts.—” before “A proposed”; and (ii) by striking “paragraph (1)” and inserting “subsection (a)”; (E) in subsection (c), as redesignated by subparagraph (B), by inserting “Promotion of Competition.—” before “In using”; and (F) in subsection (d), as redesignated by subparagraph (B), by inserting “Compliance With Special Requirements of Federal Acquisition Regulation.—” before “The head of”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(9)(B) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3205(b)
Pub. L. 116–283, § 1811(d)(9)(B), (D), redesignated subsec. (a)(2) as (b)
Inserted · 10 U.S.C. § 3205(b)
Pub. L. 116–283, § 1811(d)(9)(B), (D), inserted heading
Substituted · 10 U.S.C. § 3205(b)
Pub. L. 116–283, § 1811(d)(9)(B), (D), substituted “subsection (a)” for “paragraph (1)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1811(d)(9)(B), (D), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “subsection (a)” for “paragraph (1)”.Enacted provision · exact public law section
(B) by redesignating paragraphs (2), (3), and (4) as subsections (b), (c), and (d), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(9)(B) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3205(c)
Pub. L. 116–283, § 1811(d)(9)(B), (E), redesignated subsec. (a)(3) as (c)
Inserted · 10 U.S.C. § 3205(c)
Pub. L. 116–283, § 1811(d)(9)(B), (E), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–283, § 1811(d)(9)(B), (E), redesignated subsec. (a)(3) as (c) and inserted heading.Enacted provision · exact public law section
(B) by redesignating paragraphs (2), (3), and (4) as subsections (b), (c), and (d), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(9)(B) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3205(d)
Pub. L. 116–283, § 1811(d)(9)(B), (F), redesignated subsec. (a)(4) as (d)
Inserted · 10 U.S.C. § 3205(d)
Pub. L. 116–283, § 1811(d)(9)(B), (F), inserted heading
Source evidence
Code amendment note
Subsec. (d). Pub. L. 116–283, § 1811(d)(9)(B), (F), redesignated subsec. (a)(4) as (d) and inserted heading.Enacted provision · exact public law section
(B) by redesignating paragraphs (2), (3), and (4) as subsections (b), (c), and (d), respectively;
12 of 12 references resolved to an enrolled provision
Editorial Notes
Codification
The text of subsec. (g) of section 2304 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(d)(9), was based on Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C), , 98 Stat. 1187; Pub. L. 100–26, § 7(d)(3)(A), , 101 Stat. 281; Pub. L. 101–510, div. A, title VIII, § 806(b), , 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2)(A), , 105 Stat. 114; Pub. L. 103–355, title I, § 1001(2), title IV, § 4401(a), , 108 Stat. 3249, 3347; Pub. L. 104–106, div. D, title XLII, § 4202(a)(1), , 110 Stat. 652; Pub. L. 105–85, div. A, title VIII, § 850(f)(3)(B), , 111 Stat. 1850; Pub. L. 111–350, § 5(b)(12)(D), , 124 Stat. 3843; Pub. L. 115–232, div. A, title VIII, § 836(c)(2), , 132 Stat. 1864.
Prior Provisions
A prior section 3205, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–600, § 1(3), , 72 Stat. 522; Pub. L. 85–861, § 1(60), (65), , 72 Stat. 1462, 1463; Pub. L. 95–551, § 2, , 92 Stat. 2069, prescribed authorized strength of Regular Army in commissioned officers on active list, exclusive of certain categories, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, , 94 Stat. 2878, 2955, effective .
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 1811(d)(9)(A), (C), inserted heading, struck out par. (1) designation before “In order to”, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Former pars. (2) to (4) redesignated subsecs. (b) to (d), respectively.
Pub. L. 116–283, § 1811(d)(9), redesignated subsec. (g) of section 2304 of this title as subsec. (a) of this section.
Subsec. (b). Pub. L. 116–283, § 1811(d)(9)(B), (D), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “subsection (a)” for “paragraph (1)”.
Subsec. (c). Pub. L. 116–283, § 1811(d)(9)(B), (E), redesignated subsec. (a)(3) as (c) and inserted heading.
Subsec. (d). Pub. L. 116–283, § 1811(d)(9)(B), (F), redesignated subsec. (a)(4) as (d) and inserted heading.
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
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (9), , 134 Stat. 4166, 4170.)