US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 3201

Full and open competition

(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—
(1)
shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title and the Federal Acquisition Regulation; and
(2)
shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
(b)

Determination of Appropriate Competitive Procedures .—

In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(1)
shall solicit sealed bids if—
(A)
time permits the solicitation, submission, and evaluation of sealed bids;
(B)
the award will be made on the basis of price and other price-related factors;
(C)
it is not necessary to conduct discussions with the responding sources about their bids; and
(D)
there is a reasonable expectation of receiving more than one sealed bid; and
(2)
shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
(c)

Efficient Fulfillment of Government Requirements .—

The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government’s requirements.
(d)

Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures .—

For the purposes of the following, purchases or contracts awarded after using procedures other than sealed-bid procedures shall be treated as if they were made with sealed-bid procedures:
(1)
Chapter 65 of title 41.
(2)
Sections 3141–3144, 3146, and 3147 of title 40.
(e)

New Contracts and Merit-based Selection Procedures.—

(1)

Congressional policy .—

section 3063 of this titleIt is the policy of Congress that an agency named in should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures.
(2)

New contract described .—

For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract.
(3)

Provision of law described .—

A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law—
(A)
specifically refers to this subsection;
(B)
specifically identifies the particular non-Federal Government entity involved; and
(C)
specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1).
(4)

Exception .—

section 3063 of this titleThis subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in and to report on such matters to the Congress or any agency of the Federal Government.

Pub. L. 116–283, div. A, title XVIII, § 1811(c)134 Stat. 4165 Pub. L. 117–81, div. A, title XVII, § 1701(b)(4)(A)135 Stat. 2132 (Added and amended , , ; , , .)

Editorial Notes

Codification

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

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

section 2304 of this titlePub. L. 116–283, § 1811(c)(4)act Aug. 10, 1956, ch. 1041 70A Stat. 128 Pub. L. 96–513, title V, § 511(76)94 Stat. 2926 Pub. L. 97–295, § 1(24)(B)96 Stat. 1291 Pub. L. 98–369, div. B, title VII98 Stat. 1187 Pub. L. 98–577, title V, § 504(b)(2)98 Stat. 3086 Pub. L. 104–106, div. D, title XLIII, § 4321(b)(5)110 Stat. 672 Pub. L. 107–217, § 3(b)(3)116 Stat. 1295 Pub. L. 111–350, § 5(b)(12)(E)124 Stat. 3843 The text of subsec. (h) of , which was transferred to this section, redesignated as subsec. (d), and amended by , was based on , ; , , ; , , ; , §§ 2723(a)(1)(B), 2727(b), , , 1194; , , ; , , ; , , ; , , .

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

Prior Provisions

section 7101 of this titleA prior section 3201 was renumbered .

act Aug. 10, 1956, ch. 1041 70A Stat. 172 Pub. L. 85–861, § 1(62)72 Stat. 1462 Pub. L. 88–647, title III, § 301(4)78 Stat. 1071 Pub. L. 96–513, title II, § 20294 Stat. 2878 Another prior section 3201, , ; , , ; , , , 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 , title VII, § 701, , , 2955, effective .

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

Amendments

Pub. L. 116–283, § 1811(c)(2)(B)Pub. L. 117–81, § 1701(b)(4)(A)(i)2021—Subsec. (a). , (C), as amended by , inserted heading, 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 (b), (c), and (g)” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Par. (2) subsequently redesignated subsec. (b).

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

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

Pub. L. 116–283, § 1811(c)(2)(A)Subsec. (b). , (E), redesignated subsec. (a)(2) as (b) and inserted heading, 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)”.

Pub. L. 116–283, § 1811(c)(3)section 2304 of this titleSubsec. (c). , redesignated subsec. (j) of as subsec. (c) of this section and inserted heading.

Pub. L. 116–283, § 1811(c)(4)section 2304 of this titleSubsec. (d). , redesignated subsec. (h) of as subsec. (d) of this section and inserted heading.

Pub. L. 116–283, § 1811(c)(5)section 2304 of this titleSubsec. (e). , redesignated subsec. (k) of 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

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

Effective Date

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

Competition for Procurement of Small Arms Supplied to Iraq and Afghanistan

Pub. L. 110–181, div. A, title VIII, § 892122 Stat. 270 section 2304 of this titlePub. L. 118–159, div. A, title VIII, § 811(a)(1)(B)138 Stat. 1979 , , , which required the Secretary of Defense to ensure, consistent with the provisions of former , full and open competition for procurement of small arms supplied to Iraq and Afghanistan, was repealed by , , .

Competitive Award of Contracts for Reconstruction Activities in Iraq

Pub. L. 108–136, div. A, title VIII, § 805(a)117 Stat. 1542 Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(A)138 Stat. 1979 , , , which required the Department of Defense to fully comply with former chapter 137 of this title for contracts awarded competitively for reconstruction activities of the Iraqi oil industry, was repealed by , , .