Competition in contracting act 10 u.s.c. 2304

10 U.S.C. 2304 - Contracts: competition requirements. Summary; Document in Context ; Publication Title. United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES. Category. Bills and Statutes . Collection. United States Code. SuDoc Class Number. Y 1.2/5: Contained Within. Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER With government contracts, the Competition in Contract Act (CICA contracting ) provides that when conducting procurements for property and services, agencies are required to obtain full and open competition requirements through the use of competitive procedures, by statute 10 USC 2304 (a)(1)(A). However, there are still many problems with full and open competition compliance and small business

10 USC 2304 - Contracts: competition requirements (a) (1) Except as provided in subsections (b), (c), and (g) 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 (b) Contracting officers shall provide for full and open competition through use of the competitive procedure(s) contained in this subpart that are best suited to the circumstances of the contract action and consistent with the need to fulfill the Government’s requirements efficiently (10 U.S.C.2304 and 41 U.S.C.3301). The Competition in Contracting Act (CICA) (10 U.S.C. section 2304), however, provides certain limited circumstances in which the contracting activity can consider FMS purchaser requests for procurement using other than full and open competition (commonly referred to as "sole source") when the contract to be awarded is expected to exceed the (1) A separate notice for such order under section 1708 of title 41 or section 8(e) of the Small Business Act (15 U.S.C. 637(e)). (2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract. (2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract. The Competition in Contracting Act (CICA) was passed into law in 1984 as a foundation for the Federal Acquisition Regulation (FAR) and to foster competition and reduce costs. The theory was that more competition for procurements would reduce costs and allow more small businesses to win Federal Government contracts.

(2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract.

Competition in Contracting Act (CICA) 2.) 10 U.S.C.§ 2304: What is Competition in Contracting Act (CICA)? 4 Major Parts. 1.) Requirement for F&O Competition 2.) Allowance for F&O competition after exclusion of sources 3.) Allowance for seven exceptions to F&O competition (e.g., sole source) 4.) Requirement for approval of other than F&O competition. What is Full and Open Competition? (FAR 6.1 Sec. 2304 - Contracts: competition requirements “Federal Acquisition Regulation” for “regulations modified in accordance with section 2752 of the Competition in Contracting Act of 1984 (41 U.S.C. 403 note)” and “purchases of property and services for amounts not greater than the simplified acquisition threshold” for “small 10 USC 2304 - Contracts: competition requirements (a) (1) Except as provided in subsections (b), (c), and (g) 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 (b) Contracting officers shall provide for full and open competition through use of the competitive procedure(s) contained in this subpart that are best suited to the circumstances of the contract action and consistent with the need to fulfill the Government’s requirements efficiently (10 U.S.C.2304 and 41 U.S.C.3301).

PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 137 - PROCUREMENT GENERALLY Sec. 2304 - Contracts: competition requirements  

(2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract. The Competition in Contracting Act (CICA) was passed into law in 1984 as a foundation for the Federal Acquisition Regulation (FAR) and to foster competition and reduce costs. The theory was that more competition for procurements would reduce costs and allow more small businesses to win Federal Government contracts. 41 United States Code (U.S.C.) 253(c) and 10 United States Code (U.S.C.) 2304(c) are the statutory authorities for contracting without providing for full and open competition. The Department of Defense (DOD) is subject to 10 U.S.C. 2304(c) as our statutory authority. Amendment by section 961(a)(2) of Pub. L. 99–145 effective as if included in enactment of Competition in Contracting Act of 1984, Pub. L. 98–369, div. B, title VII, see section 961(e) of Pub. L. 99–145, set out as a note under section 2304 of Title 10, Armed Forces.

3077] · 10 USC 2304 - Contracts: competition requirements · 10 USC 2304a - Task and 10 USC 2304b - Task order contracts: advisory and assistance services 10 USC 2328 - Release of technical data under Freedom of Information Act: 

Sec. 2304 - Contracts: competition requirements “Federal Acquisition Regulation” for “regulations modified in accordance with section 2752 of the Competition in Contracting Act of 1984 (41 U.S.C. 403 note)” and “purchases of property and services for amounts not greater than the simplified acquisition threshold” for “small 10 USC 2304 - Contracts: competition requirements (a) (1) Except as provided in subsections (b), (c), and (g) 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 (b) Contracting officers shall provide for full and open competition through use of the competitive procedure(s) contained in this subpart that are best suited to the circumstances of the contract action and consistent with the need to fulfill the Government’s requirements efficiently (10 U.S.C.2304 and 41 U.S.C.3301).

30 Aug 1999 In the notice, DSCC invoked 10 U.S.C. § 2304(c)(1) (1994), which Under this authority, an agency may use other than competitive procedures to On May 4, the contracting officer executed a justification and approval must act affirmatively to obtain and safeguard competition; they cannot take a docile.

10. The Contract Award Phase . Policy Against Contracting Inherently Governmental Functions and Critical For Economy Act and non-Economy Act orders, up to 2 months is required prior to Procurements may be negotiated on either a competitive or sole source basis. FAR citation title (e.g., 10 U.S.C. 2304 (c)(1).

Pursuant to 10 United States Code (U.S.C) 2304(c)(1) and Federal justification provides the rationale for contracting by other than full and open Authorization Act of 2010 and the Commercial Space Launch Competitiveness Act of 201 5.