10 U.S.C. § 3012
Section 3012 · Department of the Army: seal
Amended 2 times on record
Applied in 29 court decisions — leading case Public Utilities Commission of State of California v. United States (1958)
Most recently applied in Brune v. Administrative Director of the Courts (March 2006)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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—
procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;
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;
the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—
participation in the program has been open to all responsible sources; and
orders and contracts under such program result in the best value to meet the needs of the United States;
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
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).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
Codification
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 Subsidiaries
Effective 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.