What 10 USC § 3201 - Department of Defense Competition Requirements (formerly 10 USC 2304) requires
10 USC § 3201 (recodified from former 10 USC 2304 by the FY2022 National Defense Authorization Act, Pub. L. 117-81, Title XVII, Subtitle B, § 1701) establishes the parallel competition requirement for the Department of Defense, the Coast Guard, and NASA - mirroring 41 USC 3301 for civilian agencies: the head of an agency conducting a procurement for property or services shall obtain full and open competition through the use of competitive procedures; sealed bids must be solicited if (A) time permits sealed bid solicitation, submission, and evaluation; (B) award will be on price and other price-related factors; (C) discussions are not necessary; and (D) there is reasonable expectation of more than one bid; otherwise competitive proposals must be requested; exceptions are codified in 10 USC 3203, 3204, and 3205 (the DoD-specific other-than-full-and-open-competition justifications mirroring 41 USC 3304 for civilian agencies); the Federal Acquisition Regulation implements the requirement in a manner consistent with the need to efficiently fulfill the Government's requirements; FAR Part 6 (Competition Requirements) is the cross-agency implementation and DFARS Part 206 is the DoD-specific supplement.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (FY2022 National Defense Authorization Act, Pub. L. 117-81, Title XVII, Subtitle B, § 1701 - recodification of former 10 USC 2304 originally enacted as part of the Competition in Contracting Act of 1984) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/10/3201
SHA-256 integrity: 1700f06fdaf75fdbbb0d08300633fd76fcf2417001ed956568d2198e79e949ef
Primary Citations — 5 traced to source
- 10 USC § 3201(a) IN GENERAL: 'Except as provided in sections 3203, 3204(a), and 3205 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this chapter and the Federal Acquisition Regulation.'
- 10 USC § 3201(b)(1)(A) SEALED BIDS: 'sealed bids... if (i) time permits the solicitation, submission, and evaluation of sealed bids; (ii) the award will be made on the basis of price and other price-related factors; (iii) it is not necessary to conduct discussions with the responding sources about their bids; and (iv) there is a reasonable expectation of receiving more than one sealed bid'
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