10 USC 3243 - Encouragement of new competitors: qualification requirement

1 See References in Text note below.

of National Defense Authorization Act for Fiscal Year 2026), that addresses materials, systems, and processes using a risk framework suitable for wartime or during periods in which the CRMN is activated.

Editorial Notes

References in Text

Section 1832 of National Defense Authorization Act for Fiscal Year 2026, referred to in subsec. (e), probably means section 1841 of Puspan. L. 119–60, which relates to the Civil Reserve Manufacturing Network. Subsecs. (a) to (e) of section 1841 are set out as a note under section 4811 of this title. Subsec. (f) of section 1841 amends sections 3243 and 4841 of this title. Section 1832 of Puspan. L. 119–60, which amends sections 4402 and 4403 of this title, relates to modifications to requirements for modular open system approach.

Amendments

2025—Subsec. (d)(1)(B). Puspan. L. 119–60, § 812(a)(6)(A), struck out “subject to paragraph (2),” before “bear the cost”.

Subsec. (d)(2), (3). Puspan. L. 119–60, § 812(a)(6)(B), (C), redesignated par. (3) as (2) and struck out par. (2). Text of former par. (2) read as follows: “Costs may be borne under paragraph (1)(B) only if the head of the agency determines that such additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to amortize the costs incurred by the agency within a reasonable period of time considering the duration and dollar value of anticipated future requirements.”

Subsecs. (e) to (h). Puspan. L. 119–60, § 1841(f)(2), added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

2021—Puspan. L. 116–283, § 1813(d)(1), substituted “Encouragement of new competitors: qualification requirement” for “Encouragement of new competitors” in section catchline.

Puspan. L. 116–283, § 1813(d), renumbered section 2319 of this title as this section.

Subsec. (a). Puspan. L. 116–283, § 1813(d)(2), inserted heading.

Subsec. (span). Puspan. L. 116–283, § 1813(d)(3)(A), inserted heading.

Subsec. (span)(5). Puspan. L. 116–283, § 1813(d)(3)(B), substituted “paragraph (4)” for “clause (4)”.

Subsec. (c). Puspan. L. 116–283, § 1813(d)(4)(A), inserted heading.

Subsec. (c)(1). Puspan. L. 116–283, § 1813(d)(4)(A), inserted heading and struck out “of this section” after “Subsection (span)”.

Subsec. (c)(2). Puspan. L. 116–283, § 1813(d)(4)(C)(i), inserted heading and realigned margin.

Subsec. (c)(2)(A). Puspan. L. 116–283, § 1813(d)(4)(C)(i), inserted heading and substituted “Except as provided in subparagraph (C),” for “Except as provided in subparagraph (B),”.

Subsec. (c)(2)(B). Puspan. L. 116–283, § 1813(d)(4)(C)(iii), (iv), redesignated second sentence of subsec. (c)(2)(A) as (B) and inserted heading. Former subpar. (B) redesignated (C).

Subsec. (c)(2)(B), (C). Puspan. L. 116–283, § 1813(d)(4)(C)(ii), (v), redesignated subpar. (B) as (C) and inserted heading.

Subsec. (c)(3) to (6). Puspan. L. 116–283, § 1813(d)(4)(B), (D)–(G), inserted headings and realigned margins.

Subsec. (d). Puspan. L. 116–283, § 1813(d)(5)(A), inserted heading.

Subsec. (d)(1). Puspan. L. 116–283, § 1813(d)(5)(A), (F), inserted heading and realigned margins of subpars. (A) and (B).

Subsec. (d)(1)(B). Puspan. L. 116–283, § 1813(d)(5)(C), inserted “subject to paragraph (2),” before “bear the cost of” and substituted “that requirement.” for “that requirement, but such costs may be borne”. Remainder of subpar. (B) redesignated par. (2).

Subsec. (d)(2). Puspan. L. 116–283, § 1813(d)(5)(D), (E), designated text of par. (1)(B) beginning with “only if the head” as (2), inserted heading, and inserted “Costs may be borne under paragraph (1)(B)” at beginning. Former par. (2) redesignated (3).

Subsec. (d)(3). Puspan. L. 116–283, § 1813(d)(5)(B), redesignated par. (2) as (3), inserted heading, and realigned margin.

Subsecs. (e), (f). Puspan. L. 116–283, § 1813(d)(6), (7), inserted headings.

2006—Subsec. (c)(3). Puspan. L. 109–364, § 130(d)(1), inserted “or ship critical safety item” after “aviation critical safety item”.

Subsec. (g)(2), (3). Puspan. L. 109–364, § 130(d)(2), added par. (2), redesignated former par. (2) as (3), inserted “or ship critical safety item” after “aviation critical safety item” and “, or the seaworthiness of a ship or ship equipment,” after “or equipment”, and substituted “such item” for “the item”.

2003—Subsec. (c)(3). Puspan. L. 108–136, § 802(d)(1), inserted “(or, in the case of a contract for the procurement of an aviation critical safety item, the head of the design control activity for such item)” after “the contracting officer”.

Subsec. (g). Puspan. L. 108–136, § 802(d)(2), added subsec. (g).

1987—Subsec. (a). Puspan. L. 100–26, § 7(k)(3), inserted “the term” after “In this section,”.

Subsec. (c)(1), (3). Puspan. L. 100–26, § 7(i)(4), substituted “October 19, 1984,” for “the date of the enactment of the Defense Procurement Reform Act of 1984”.

Subsec. (c)(4). Puspan. L. 100–26, § 7(d)(5)(A), inserted “(15 U.S.C. 637(span)(7))” after “Small Business Act”.

Subsec. (d)(2). Puspan. L. 100–26, § 7(d)(5)(B), inserted “(15 U.S.C. 632)” after “Small Business Act”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

Puspan. L. 98–525, title XII, § 1216(c)(2), Oct. 19, 1984, 98 Stat. 2599, provided that:

“Sections 2319 [now 10 U.S.C. 3243], [former] 2320, and [former] 2321 of title 10, United States Code (as added by subsection (a)), shall apply with respect to solicitations issued after the end of the one-year period beginning on the date of the enactment of this Act [Oct. 19, 1984].”