10 U.S.C. § 3204
Use of procedures other than competitive procedures
United States · Title 10 — ARMED FORCES · Status: effective
Cite this
- Citation
- 10 U.S.C. § 3204, Use of procedures other than competitive procedures, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/434649
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Full text
The head of an agency may use procedures other than competitive procedures only when—
it is necessary to award the contract to a particular source or sources in order—
the head of the agency (who may not delegate the authority under this paragraph)—
For the purposes of applying subsection (a)(1)—
in the case of a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services shall be considered to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a concept—
in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, or the continued provision of highly specialized services, such property or services may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures when it is likely that award to a source other than the original source would result in—
The contract period of a contract described in paragraph (2) that is entered into by an agency pursuant to the authority provided under subsection (a)(2)—
may not exceed the time necessary—
Except as provided in paragraphs (3), (4), and (7), the head of an agency may not award a contract using procedures other than competitive procedures unless—
the justification is approved—
The justification required by paragraph (1)(A) shall include—
The justification and approval required by paragraph (1) is not required—
In no case may the head of an agency—
The authority of the head of a procuring activity under paragraph (1)(B)(ii) may be delegated only to an officer or employee who—
The authority of the Under Secretary of Defense for Acquisition and Sustainment under paragraph (1)(B)(iii) may be delegated only to—
with respect to the element of the Department of Defense (as specified in section 111(b) of this title), other than a military department, carrying out the procurement action concerned, an officer or employee serving in or assigned or detailed to that element who—
The regulations required by paragraph (1) shall—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- National Defense Authorization Act for Fiscal Year 2022House: 363–70Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2026House: 312–112Senate: no recorded tally