10 U.S.C. § 3012

Competitive procedures

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In this part, the term “competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes—(1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;(2) the competitive selection for award of science and technology proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals;(3) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—(A) participation in the program has been open to all responsible sources; and(B) orders and contracts under such program result in the best value to meet the needs of the United States;(4) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and(5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638).(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (3), Jan. 1, 2021, 134 Stat. 4153; Pub. L. 119–60, div. A, title VIII, § 812(a)(3), Dec. 18, 2025, 139 Stat. 951.)Editorial NotesCodification

The text of par. (2) of section 2302 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1806(b)(3), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333.

Prior Provisions

A prior section 3012 was renumbered section 7012 of this title.

Another prior section 3012 was renumbered section 3013 of this title and subsequently repealed.

Amendments

2025—Par. (3)(B). Pub. L. 119–60 substituted “best value” for “lowest overall cost alternative”.

2021—Pub. L. 116–283, § 1806(b)(3), transferred par. (2) of section 2302 of this title to this section, realigned margin, struck out par. (2) designation at beginning, substituted “In this part, the term” for “The term” in introductory provisions, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and, in par. (3), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.

Statutory Notes and Related SubsidiariesEffective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, 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.

Notes of Decisions

Cited in 38 cases, 1957–2020 · leading case: Jimmie Ann Taylor, Ladell Vasicek, Noma Chriss, Martha Cole, & Sara M. McCarthy v. United States, 303 F.3d 1357 (Fed. Cir. 2002).

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Jimmie Ann Taylor, Ladell Vasicek, Noma Chriss, Martha Cole, & Sara M. McCarthy v. United States, 303 F.3d 1357 (Fed. Cir. 2002). “The Secretaries of the Army and the Air Force created and administered AAFES under the general authority granted by 10 U.S.C. §§ 3012 and 8012 (1988, 1994). Like other exchanges, AAFES is a non-appropriated funds instrumentality (NAFI).”

United States v. Hopkins, 427 U.S. 123 (1976). · cites it 2× “The exchange services are created and administered pursuant to the general authority granted the Secretary of the Army and the Secretary of the Air Force by 10 U. S. C. §§ 3012 and 8012. The nonappropriated-fund status of the exchanges places them in a position whereby the…”

Pub. Util. Comm'n of Cal. v. United States, 355 U.S. 534 (1958). · cites it 2× “[4] 10 U. S. C. § 3012 (g) provides, "The Secretary [of the Army] may prescribe regulations to carry out his functions, powers, and duties under this title.”

Arthur Edward Sheehan v. Army & Air Force Exch. Serv., an Instrumentality of the Departments of the Army & of the Air Force, 619 F.2d 1132 (5th Cir. 1980). “The AAFES was created and is administered under the general authority vested in the Secretaries of the Army and Air Force by 10 U.S.C. §§ 3012 and 8012 (1976). Absent special legislation, however, the federal government does not assume the obligations of the exchange services in…”

United States v. Hoesing, 5 M.J. 355 (1978). · cites it 2× “Department of the Army, 10 U.S.C. § 3012 ; Department of the Navy, 10 U.”

In re \Agent Orange\" Prod. Liab. Litig.", 635 F.2d 987 (2d Cir. 1980). “” 10 U.S.C. § 3012 (b)(1). The majority concludes that on the facts of this case “there is no federal interest in uniformity for its own sake,” and that there is no federal “substantive interest in the content of the rules to be applied.”

United States v. Woods, 21 M.J. 826 (1986). · cites it 5× “§ 121 (1982), and to the Secretary of the Army, 10 U.S.C. § 3012 (g) (1982); see also 10 U.”

United States v. Woods, 26 M.J. 372 (1988). “We next consider whether appellant complied with the regulation. In this regard, we note that appellant submitted his resignation while in the status of an officer who has general “court-martial charges .”

United States v. Dillard, 4 M.J. 577 (1977). · cites it 2× “Accordingly, although it is permissible to continue to charge drug violations under Article 134, UCMJ, the maximum sentence imposable regardless of the article under which the offense is charged is a dishonorable discharge, confinement at hard labor for two years, reduction to…”

G. L. Christian & Assocs. v. The United States, 320 F.2d 345 (Ct. Cl. 1963). “2d 527, 531 (Secretary of Defense) ; 10 U.S.C. § 3012 (Secretary of the Army); 10 U.”

Brune v. Admin. Dir. of the Courts, 130 P.3d 1037 (Haw. 2006). “The Special Assistant United States Attorney form refers to 10 U.S.C. § 3012 . Section 3012 became Section 3013 in 1986, and Section 3013 appears to be the statute that grants the authority necessary for transmittal of the Implied Consent form to the ADLRO pursuant to the…”

Carolyn Kiiskila v. Edwin A. Nichols, Clark Clifford, & Headquarters Fifth Army Credit Union, 433 F.2d 745 (5th Cir. 1970). “In the instant case power to exclude Kiiskila from Fort Sheridan rests upon a regulation issued by the Secretary of Army pursuant to 10 U.S.C. § 3012 (g) which provides: (d) Entry, exit, and personal search The installation commander will establish appropriate rules governing…”

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