10 USC 3201 - Full and open competition

Editorial Notes

Codification

The text of subsec. (a) of section 2304 of this title, which was transferred to this section, redesignated as subsecs. (a) and (span), and amended by Puspan. L. 116–283, § 1811(c)(2), was based on Puspan. L. 98–369, div. B, title VII, § 2723(a)(1)(C), July 18, 1984, 98 Stat. 1187; Puspan. L. 99–145, title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 739; Puspan. L. 100–26, § 7(d)(3)(A), Apr. 21, 1987, 101 Stat. 281; Puspan. L. 103–355, title I, § 1001(1), Oct. 13, 1994, 108 Stat. 3249.

The text of subsec. (j) of section 2304 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Puspan. L. 116–283, § 1811(c)(3), was based on Puspan. L. 104–106, div. D, title XLI, § 4101(a)(2), Fespan. 10, 1996, 110 Stat. 642.

The text of subsec. (h) of section 2304 of this title, which was transferred to this section, redesignated as subsec. (d), and amended by Puspan. L. 116–283, § 1811(c)(4), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Puspan. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Puspan. L. 97–295, § 1(24)(B), Oct. 12, 1982, 96 Stat. 1291; Puspan. L. 98–369, div. B, title VII, §§ 2723(a)(1)(B), 2727(span), July 18, 1984, 98 Stat. 1187, 1194; Puspan. L. 98–577, title V, § 504(span)(2), Oct. 30, 1984, 98 Stat. 3086; Puspan. L. 104–106, div. D, title XLIII, § 4321(span)(5), Fespan. 10, 1996, 110 Stat. 672; Puspan. L. 107–217, § 3(span)(3), Aug. 21, 2002, 116 Stat. 1295; Puspan. L. 111–350, § 5(span)(12)(E), Jan. 4, 2011, 124 Stat. 3843.

The text of subsec. (k) of section 2304 of this title, which was transferred to this section, redesignated as subsec. (e), and amended by Puspan. L. 116–283, § 1811(c)(5), was based on Puspan. L. 103–355, title VII, § 7203(a)(1)(B), Oct. 13, 1994, 108 Stat. 3379; Puspan. L. 104–106, div. D, title XLI, § 4101(a)(1), Fespan. 10, 1996, 110 Stat. 642.

Prior Provisions

A prior section 3201 was renumbered section 7101 of this title.

Another prior section 3201, act Aug. 10, 1956, ch. 1041, 70A Stat. 172; Puspan. L. 85–861, § 1(62), Sept. 2, 1958, 72 Stat. 1462; Puspan. L. 88–647, title III, § 301(4), Oct. 13, 1964, 78 Stat. 1071, prescribed the authorized strength of the Army in members on active duty, exclusive of certain categories, and the authorized daily average strength of the Army in members on active duty during the fiscal year, exclusive of certain categories, prior to repeal by Puspan. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.

A prior section 3202, act Aug. 10, 1956, ch. 1041, 70A Stat. 172; Puspan. L. 85–861, § 1(63), Sept. 2, 1958, 72 Stat. 1463; Puspan. L. 90–228, § 1(1), (2), Dec. 28, 1967, 81 Stat. 745; Puspan. L. 96–513, title II, § 203(a), Dec. 12, 1980, 94 Stat. 2878, related to authorized strength of Army in general officers on active duty, prior to repeal by Puspan. L. 101–510, div. A, title IV, § 403(span)(1)(A), Nov. 5, 1990, 104 Stat. 1545.

Amendments

2021—Subsec. (a). Puspan. L. 116–283, § 1811(c)(2)(B), (C), as amended by Puspan. L. 117–81, § 1701(span)(4)(A)(i), inserted span, struck out par. (1) designation at beginning and substituted “Except as provided in sections 3203, 3204(a), and 3205 of this title” for “Except as provided in subsections (span), (c), and (g)” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Par. (2) subsequently redesignated subsec. (span).

Puspan. L. 116–283, § 1811(c)(2), transferred subsec. (a) of section 2304 of this title to this section.

Subsec. (a)(1). Puspan. L. 116–283, § 1811(c)(2)(D), as amended by Puspan. L. 117–81, § 1701(span)(4)(A)(ii), substituted “this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title” for “this chapter”.

Subsec. (span). Puspan. L. 116–283, § 1811(c)(2)(A), (E), redesignated subsec. (a)(2) as (span) and inserted span, redesignated subpar. (A) and cls. (i) to (iv) as par. (1) and subpars. (A) to (D), respectively, and redesignated subpar. (B) as par. (2) and substituted “paragraph (1)” for “clause (A)”.

Subsec. (c). Puspan. L. 116–283, § 1811(c)(3), redesignated subsec. (j) of section 2304 of this title as subsec. (c) of this section and inserted span.

Subsec. (d). Puspan. L. 116–283, § 1811(c)(4), redesignated subsec. (h) of section 2304 of this title as subsec. (d) of this section and inserted span.

Subsec. (e). Puspan. L. 116–283, § 1811(c)(5), redesignated subsec. (k) of section 2304 of this title as subsec. (e) of this section, inserted subsec. and par. headings, switched order and designations of pars. (2) and (3), realigned margins of pars. (2) to (4), and substituted “section 3063” for “section 2303(a)” in pars. (1) and (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.

Effective Date

Section and amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Competition for Procurement of Small Arms Supplied to Iraq and Afghanistan

Puspan. L. 110–181, div. A, title VIII, § 892, Jan. 28, 2008, 122 Stat. 270, provided that:

“(a)Competition Requirement.—For the procurement of pistols and other weapons described in subsection (span), the Secretary of Defense shall ensure, consistent with the provisions of section 2304 of title 10, United States Code [see 10 U.S.C. 3201 et seq.], that—

“(1) full and open competition is obtained to the maximum extent practicable;

“(2) no responsible United States manufacturer is excluded from competing for such procurements; and

“(3) products manufactured in the United States are not excluded from the competition.

“(span)Procurements Covered.—This section applies to the procurement of the following:

“(1) Pistols and other weapons less than 0.50 caliber for assistance to the Army of Iraq, the Iraqi Police Forces, and other Iraqi security organizations.

“(2) Pistols and other weapons less than 0.50 caliber for assistance to the Army of Afghanistan, the Afghani Police Forces, and other Afghani security organizations.”

Competitive Award of Contracts for Reconstruction Activities in Iraq

Puspan. L. 108–136, div. A, title VIII, § 805(a), Nov. 24, 2003, 117 Stat. 1542, provided that: “The Department of Defense shall fully comply with [former] chapter 137 of title 10, United States Code, and other applicable procurement laws and regulations for any contract awarded for reconstruction activities in Iraq, and shall conduct a full and open competition for performing work needed for the reconstruction of the Iraqi oil industry.”