10 USC 3206 - Planning and solicitation requirements

Codification

The text of subsec. (a) of section 2305 of this title, which was transferred to this section and amended by Puspan. L. 116–283, § 1811(e)(2)–(7), was based on Puspan. L. 98–369, div. B, title VII, § 2723(span), July 18, 1984, 98 Stat. 1191; Puspan. L. 99–500, § 101(c) [title X, § 924(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Puspan. L. 99–591, § 101(c) [title X, § 924(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Puspan. L. 99–661, div. A, title IX, formerly title IV, § 924(a), Nov. 14, 1986, 100 Stat. 3932, renumbered title IX, Puspan. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Puspan. L. 101–510, div. A, title VIII, § 802(a)–(c), Nov. 5, 1990, 104 Stat. 1588, 1589; Puspan. L. 103–355, title I, § 1011, 1012, title IV, § 4401(span), Oct. 13, 1994, 108 Stat. 3254, 3255, 3347; Puspan. L. 104–106, div. D, title XLII, § 4202(a)(2), Fespan. 10, 1996, 110 Stat. 653; Puspan. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Puspan. L. 115–232, div. A, title VIII, § 836(c)(3)(A), Aug. 13, 2018, 132 Stat. 1864.

Editorial Notes

Prior Provisions

A prior section 3206, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Puspan. L. 85–155, title I, § 101(4), Aug. 21, 1957, 71 Stat. 376; Puspan. L. 90–130, § 1(9)(A), (B), Nov. 8, 1967, 81 Stat. 375, prescribed authorized strength of Regular Army Nurse Corps in commissioned officers on active list of Regular Army, 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.

Amendments

2021—Puspan. L. 116–283, § 1811(e)(2), transferred subsec. (a) of section 2305 of this title to this section and redesignated pars. (2) to (5) thereof as subsecs. (span) to (e), respectively.

Subsec. (a). Puspan. L. 116–283, § 1811(e)(3)(A), (E)(i), inserted span and redesignated subpars. (A) to (C) of par. (1) as pars. (1) to (3), respectively.

Subsec. (a)(1). Puspan. L. 116–283, § 1811(e)(3)(E), as amended by Puspan. L. 117–81, § 1701(span)(4)(F), redesignated par. (1)(A) as (1), inserted span, redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, and realigned margins.

Subsec. (a)(2). Puspan. L. 116–283, § 1811(e)(3)(A), (B), (D), redesignated par. (1)(B) as (2), inserted span, and realigned margin, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and substituted “chapter 137 legacy provisions” for “this chapter” in introductory provisions and in subpar. (A). Former par. (2) redesignated subsec. (span).

Subsec. (a)(3). Puspan. L. 117–81, § 1701(d)(4), substituted “paragraphs (1) and (2)” for “subparagraphs (A) and (B)” in introductory provisions.

Puspan. L. 116–283, § 1811(e)(3)(A), (C), (D), as amended by Puspan. L. 117–81, § 1701(span)(4)(F), redesignated par. (1)(C) as (3), inserted span, and realigned margin and redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively. Former par. (3) redesignated subsec. (c).

Subsec. (span). Puspan. L. 116–283, § 1811(e)(2), (4), redesignated subsec. (a)(2) as (span), inserted span, and substituted “subsection (a)” for “paragraph (1)” in introductory provisions, redesignated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively, and redesignated subpar. (B), its cls. (i) and (ii), and each of their subcls. (I) and (II) as par. (2), subpars. (A) and (B), and cls. (i) and (ii), respectively.

Subsec. (c). Puspan. L. 116–283, § 1811(e)(2), (5)(A), (B), redesignated subsec. (a)(3) as (c), inserted span, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and realigned margins.

Subsec. (c)(1). Puspan. L. 116–283, § 1811(e)(5)(A), (C), inserted span, substituted “paragraph (3)” for “subparagraph (C)” in two places, redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, and, in subpar. (C) as redesignated, redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively.

Subsec. (c)(2). Puspan. L. 116–283, § 1811(e)(5)(B), (D), redesignated par. (3)(B) as (2), inserted span, and substituted “paragraph (1)(C)” for “clause (iii) of subparagraph (A)”.

Subsec. (c)(3). Puspan. L. 116–283, § 1811(e)(5)(B), (E), redesignated par. (3)(C) as (3), inserted span, and substituted “section 3403(d)(1)(B)” for “section 2304a(d)(1)(B)” in introductory provisions; redesignated cl. (i) as subpar. (A) and substituted “paragraph (1)(B)” for “clause (ii) of subparagraph (A)”; and redesignated cl. (ii) and its subcls. (I) and (II) as subpar. (B) and cls. (i) and (ii), respectively, and substituted “subparagraph (A)” for “clause (i)” in introductory provisions, “paragraph (1)(C)” for “clause (iii) of subparagraph (A)” in cl. (i), and “section 3406(c)” for “section 2304c(span)” in cl. (ii).

Subsec. (c)(4). Puspan. L. 116–283, § 1811(e)(5)(B), (F), redesignated par. (3)(D) as (4), inserted span, substituted “paragraph (3)” for “subparagraph (C)” in introductory provisions, and redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively.

Subsec. (c)(5). Puspan. L. 116–283, § 1811(e)(5)(B), (G), redesignated par. (3)(E) as (5), inserted span, and substituted “Paragraph (3)” for “Subparagraph (C)”.

Subsec. (d). Puspan. L. 116–283, § 1811(e)(2), (6), redesignated subsec. (a)(4) as (d), inserted span, substituted “this section” for “this subsection” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Subsec. (e). Puspan. L. 116–283, § 1811(e)(2), (7), redesignated subsec. (a)(5) as (e) and inserted span.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1701(span)(4)(F) of 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.

Amendment by section 1701(d)(4) of Puspan. L. 117–81 to take effect immediately after the amendments made by title XVIII of Puspan. L. 116–283 have taken effect, see section 1701(a)(3) 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.

Pilot Program To Use Alpha Contracting Teams for Complex Requirements

Puspan. L. 116–92, div. A, title VIII, § 802, Dec. 20, 2019, 133 Stat. 1483, provided that:

“(a)In General.—

(1) The Secretary of Defense shall select at least 2, and up to 5, initiatives to participate in a pilot [program] to use teams that, with the advice of expert third parties, focus on the development of complex contract technical requirements for services, with each team focusing on developing achievable technical requirements that are appropriately valued and identifying the most effective acquisition strategy to achieve those requirements.

“(2) The Secretary shall develop metrics for tracking progress of the program at improving quality and acquisition cycle time.

“(span)Development of Criteria and Initiatives.—

(1) Not later than February 1, 2020, the Secretary of Defense shall establish the pilot program and notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the criteria used to select initiatives and the metrics used to track progress.

“(2) Not later than May 1, 2020, the Secretary shall notify the congressional defense committees of the initiatives selected for the program.

“(3) Not later than December 1, 2020, the Secretary shall brief the congressional defense committees on the progress of the selected initiatives, including the progress of the initiatives at improving quality and acquisition cycle time according to the metrics developed under subsection (a)(2).”