US Code

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

10 U.S.C. § 3303

Competitive proposals

(a)

Evaluation and Award .—

section 3301(a) of this titleThe head of an agency shall evaluate competitive proposals in accordance with and may award a contract—
(1)
after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or
(2)
based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary.
(b)

Limit on Number of Proposals .—

If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under subsection (a)(1) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.
(c)

Criteria for Awarding Contract .—

section 3301(b) of this titleExcept as provided in , the head of the agency shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the United States, considering only cost or price and the other factors included in the solicitation.
(d)

Notice of Award .—

The head of the agency shall award the contract by transmitting, in writing or by electronic means, notice of the award to such source and, within three days after the date of contract award, shall notify, in writing or by electronic means, all other offerors of the rejection of their proposals.
(e)

Exception for Perishable Subsistence Items .—

Subsections (c) and (d) do not apply with respect to the award of a contract for the acquisition of perishable subsistence items.

Pub. L. 116–283, div. A, title XVIII, § 1816(c)(2)(C)134 Stat. 4182 Pub. L. 117–81, div. A, title XVII, § 1701(b)(6)(A)135 Stat. 2133 (Added and amended , (5), , , 4183; , , .)

Editorial Notes

Codification

section 2305 of this titlePub. L. 116–283, § 1816(c)(1)Pub. L. 98–369, div. B, title VII, § 2723(b)98 Stat. 1192 Pub. L. 99–500, § 101(c) [title X, § 924(b)]100 Stat. 1783–82 Pub. L. 99–591, § 101(c) [title X, § 924(b)]100 Stat. 3341–82 Pub. L. 99–661, div. A, title III, § 313(b)100 Stat. 3853 Pub. L. 100–26, § 3(5)101 Stat. 273 Pub. L. 101–189, div. A, title VIII, § 853(f)103 Stat. 1519 Pub. L. 101–510, div. A, title VIII, § 802(d)104 Stat. 1589 Pub. L. 103–355, title I, § 1013(b)108 Stat. 3255 Pub. L. 104–106, div. D, title XLI, § 4103(a)110 Stat. 643 The text of subsec. (b)(4) of , which was transferred to this section and amended by , (2)(C), (5) was based on , , ; , , , 1783–153, and , , , 3341–153; , title IX, formerly title IV, § 924(b), , , 3933, renumbered title IX, , , ; , , ; , , ; , , ; , , .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 188 Pub. L. 86–616, § 1(3)74 Stat. 386 Pub. L. 87–509, § 4(a)76 Stat. 121 section 3299 of this titlePub. L. 96–513, title II, § 20494 Stat. 2880 A prior section 3303, , ; , , ; , , , related to effect of failure of a promotion-list officer considered for promotion to grade of captain, major, or lieutenant colonel under to be recommended for promotion, which officer was to be known as a “deferred officer”, prior to repeal by , title VII, § 701, , , 2955, effective . See sections 631 and 632 of this title.

Amendments

Pub. L. 116–283, § 1816(c)(5)(A)section 2305 of this title2021—, transferred subsec. (b)(4) of to this section and struck out par. (4) designation at beginning.

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

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

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

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

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

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 .

Procurement of Tents or Other Temporary Structures

Pub. L. 112–81, div. A, title III, § 368125 Stat. 1381

“(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.
“(b)

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.”
, , , provided that: