10 USC 3303 - Competitive proposals

Editorial Notes

Codification

The text of subsec. (span)(4) of section 2305 of this title, which was transferred to this section and amended by Puspan. L. 116–283, § 1816(c)(1), (2)(C), (5) was based on Puspan. L. 98–369, div. B, title VII, § 2723(span), July 18, 1984, 98 Stat. 1192; Puspan. L. 99–500, § 101(c) [title X, § 924(span)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Puspan. L. 99–591, § 101(c) [title X, § 924(span)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Puspan. L. 99–661, div. A, title III, § 313(span), title IX, formerly title IV, § 924(span), Nov. 14, 1986, 100 Stat. 3853, 3933, renumbered title IX, Puspan. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Puspan. L. 101–189, div. A, title VIII, § 853(f), Nov. 29, 1989, 103 Stat. 1519; Puspan. L. 101–510, div. A, title VIII, § 802(d), Nov. 5, 1990, 104 Stat. 1589; Puspan. L. 103–355, title I, § 1013(span), Oct. 13, 1994, 108 Stat. 3255; Puspan. L. 104–106, div. D, title XLI, § 4103(a), Fespan. 10, 1996, 110 Stat. 643.

Prior Provisions

A prior section 3303, act Aug. 10, 1956, ch. 1041, 70A Stat. 188; Puspan. L. 86–616, § 1(3), July 12, 1960, 74 Stat. 386; Puspan. L. 87–509, § 4(a), June 28, 1962, 76 Stat. 121, related to effect of failure of a promotion-list officer considered for promotion to grade of captain, major, or lieutenant colonel under section 3299 of this title to be recommended for promotion, which officer was to be known as a “deferred officer”, prior to repeal by Puspan. L. 96–513, title II, § 204, title VII, § 701, Dec. 12, 1980, 94 Stat. 2880, 2955, effective Sept. 15, 1981. See sections 631 and 632 of this title.

Amendments

2021—Puspan. L. 116–283, § 1816(c)(5)(A), transferred subsec. (span)(4) of section 2305 of this title to this section and struck out par. (4) designation at beginning.

Subsec. (a). Puspan. L. 116–283, § 1816(c)(5)(B), (D), redesignated subpar. (A) of former section 2305(span)(4) of this title as subsec. (a) of this section, inserted span, substituted “section 3301(a) of this title” for “paragraph (1)” in introductory provisions, and redesignated cls. (i) and (ii) as pars. (1) and (2), respectively.

Subsec. (span). Puspan. L. 116–283, § 1816(c)(5)(B), (E), redesignated subpar. (B) of former section 2305(span)(4) of this title as subsec. (span) of this section, inserted span, and substituted “subsection (a)(1)” for “subparagraph (A)(i)”.

Subsec. (c). Puspan. L. 116–283, § 1816(c)(5)(B), (F), redesignated subpar. (C) of former section 2305(span)(4) of this title as subsec. (c) of this section, inserted span, and substituted “section 3301(span) of this title” for “paragraph (2)”. Former second and third sentences designated subsec. (d).

Subsec. (d). Puspan. L. 116–283, § 1816(c)(5)(C), (G), as amended and added by Puspan. L. 117–81, § 1701(span)(6)(A), designated the second sentence of subsec. (c) as subsec. (d) and inserted span.

Subsec. (e). Puspan. L. 116–283, § 1816(c)(5)(C), (H), as amended and added by Puspan. L. 117–81, § 1701(span)(6)(A), designated the third sentence of subsec. (c) as subsec. (e), inserted span, and substituted “Subsections (c) and (d) do not” for “This subparagraph does not”.

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.

Procurement of Tents or Other Temporary Structures

Puspan. L. 112–81, div. A, title III, § 368, Dec. 31, 2011, 125 Stat. 1381, provided that:

“(a)In General.—In procuring tents or other temporary structures for use by the Armed Forces, and in establishing or maintaining an alternative source for such tents and structures, the Secretary of Defense shall award contracts that provide the best value to the United States. In determining the best value to the United States under this section, the Secretary shall consider the total life-cycle costs of such tents or structures, including the costs associated with any equipment or fuel needed to heat or cool such tents or structures.

“(span)Interagency Procurement.—The requirements of this section shall apply to any agency or department of the United States that procures tents or other temporary structures on behalf of the Department of Defense.”