(Added Pub. L. 97–214, § 2(a),July 12, 1982, 96 Stat. 156; amended Pub. L. 98–115, title VIII, § 804,Oct. 11, 1983, 97 Stat. 785; Pub. L. 99–661, div. B, title VII, §§ 2702(b),
2712(a),Nov. 14, 1986, 100 Stat. 4040, 4041; Pub. L. 102–190, div. B, title XXVIII, § 2870(6),Dec. 5, 1991, 105 Stat. 1563; Pub. L. 105–261, div. B, title XXVIII, § 2801,Oct. 17, 1998, 112 Stat. 2202; Pub. L. 108–136, div. A, title X, § 1031(a)(37),Nov. 24, 2003, 117 Stat. 1601.)
2003—Subsec. (b). Pub. L. 108–136
, § 1031(a)(37)(A), substituted “$1,000,000” for “$500,000”, struck out “not less than 21 days” after “of such services”, and inserted last sentence.
Subsec. (c)(2). Pub. L. 108–136
, § 1031(a)(37)(B), inserted before period at end “or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section
of this title”.
1998—Subsec. (b). Pub. L. 105–261
, § 2801(a), substituted “$500,000” for “$300,000”.
Subsec. (d). Pub. L. 105–261
, § 2801(b), substituted “architectural and engineering services and construction design” for “study, planning, design, architectural, and engineering services”.
1991—Subsec. (c)(2). Pub. L. 102–190
substituted “after” for “after either” and struck out before period at end “or after each such committee has indicated approval of the increased level of activity”.
1986—Subsec. (b). Pub. L. 99–661
, § 2702(b), substituted “$300,000” for “the maximum amount specified by law for the purposes of this section”.
Subsec. (d). Pub. L. 99–661
, § 2712(a), added subsec. (d).
1983—Subsec. (a). Pub. L. 98–115
substituted “Within amounts appropriated for military construction and military family housing” for “Within amounts appropriated for such purposes” and inserted “, family housing projects, and projects undertaken in connection with the authority provided under section
of this title that are” after “in connection with military construction projects”.
Effective Date of 1986 Amendment
Section 2712(b) ofPub. L. 99–661
provided that: “The amendment made by subsection (a) [amending this section] shall apply only to funds appropriated for fiscal years after fiscal year 1985.”
For effective date and applicability of section, see section 12(a) ofPub. L. 97–214
, set out as a note under section
of this title.
Architectural and Engineering Services and Construction Design Contracts for Military Construction Projects
Pub. L. 98–212
, title VII, § 796,Dec. 8, 1983, 97 Stat. 1455
, provided that: “No funds appropriated for the Departments of Defense, Army, Navy, or the Air Force shall be obligated by their respective Secretaries for architectural and engineering services and construction design contracts for Military Construction projects in the amount of $85,000 and over, unless competition for such contracts is open to all firms regardless of size in accordance with 40
U.S.C. § 541
, et seq. [now chapter 11 of Title
, Public Buildings, Property, and Works.]”
Small Business Set-Aside for Architectural and Engineering Services and Construction Design
Section 806 ofPub. L. 98–115
“(a) The Secretary of Defense shall conduct a comprehensive review of current policies and practices of the Department of Defense with regard to the award of contracts for architectural and engineering services and construction design for military construction projects. The Secretary shall conduct such review with a view to determining whether current policies and practices of the Department of Defense result in a reasonable distribution of such contracts to firms of all sizes throughout the architect-engineer community.
“(b) Upon the completion of such review, the Secretary shall modify current policies and practices of the Department to the extent necessary to ensure—
“(1) that small business concerns (as defined in section 3 of the Small Business Act [15
]) are assured of a reasonable share of such contracts; and
“(2) that large architect-engineer firms are not precluded from competing for such contracts when the estimated amount of such contracts is greater than a reasonable threshold amount prescribed by the Secretary.
“(c) Not later than March 1, 1984, the Secretary shall submit to the appropriate committees of Congress a written report on the results of the review required by subsection (a) and on any changes made to current policies and practices as required by subsection (b).
“(d) For the purposes of this section:
“(1) The term ‘reasonable share’ means an appropriate percentage share of all contracts referred to in subsection (a) as determined by the Secretary of Defense after consultation with the Admininstrator [sic] of the Small Business Administration and representatives of the architect-engineer community.
“(2) The term ‘reasonable threshold amount’ means an appropriate estimated contract dollar amount determined by the Secretary of Defense after consultation with the Administrator of the Small Business Administration and representatives of the architect-engineer community.”
Initial Establishment of Certain Amounts Required To Be Specified by Law
Amounts of $300,000 or more for contracts for architectural and engineering services or construction design subject to the reporting requirement under this section during the period beginning on Oct. 1, 1982, and ending on the date of the Military Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(2) ofPub. L. 97–214
, set out as a note under section
of this title.