
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2303]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2303. Applicability of chapter

    (a) This chapter applies to the procurement by any of the following 
agencies, for its use or otherwise, of all property (other than land) 
and all services for which payment is to be made from appropriated 
funds:
        (1) The Department of Defense.
        (2) The Department of the Army.
        (3) The Department of the Navy.
        (4) The Department of the Air Force.
        (5) The Coast Guard.
        (6) The National Aeronautics and Space Administration.

    (b) The provisions of this chapter that apply to the procurement of 
property apply also to contracts for its installation or alteration.

(Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85-568, title III, 
Sec. 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 98-369, div. B, title 
VII, Sec. 2722(b), July 18, 1984, 98 Stat. 1187.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2303(a)...............................  41:151(a).                           Fe
b. 19, 1948, ch. 65, Secs.  2(a),
2303(b)...............................  41:158 (clause (b), less last 5       9
 (clause (b)), 62 Stat. 21, 24.
                                         words).
2303(c)...............................  41:158 (last 5 words of clause
                                         (b)).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``all property named in subsection (b), 
and all services'' are substituted for the words ``for supplies or 
services''. The words ``(each being hereinafter called the agency)'', 
are omitted, since the revised sections of this chapter make specific 
reference to the agencies named in this revised section. The words 
``United States'' before the words ``Coast Guard'' are omitted, since 
they are not a part of the official name of the Coast Guard under 
section 1 of title 14.
    In subsection (b), the introductory clause is substituted for the 
word ``supplies''. Throughout the revised chapter reference is made to 
``property or services covered by this chapter'', instead of 
``supplies'', since the word ``supplies'' is defined in section 101(26) 
of this title in its usual and narrower sense, rather than the sense of 
the source statute for this revised chapter. It is desirable to avoid a 
usage which conflicts with the definition in section 101(26) of this 
title. The word ``ships'' and the words ``of every character, type, and 
description'', after the word ``vessels'', are omitted as covered by the 
definition of ``vessel'' in section 1 of title 1.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-369, Sec. 2722(b)(1)(A), (B), 
substituted in provisions preceding cl. (1) ``procurement'' for 
``purchase, and contract to purchase,'' and ``(other than land) and all 
services'' for ``named in subsection (b), and all services,''.
    Subsec. (a)(1) to (6). Pub. L. 98-369, Sec. 2722(b)(1)(C), (D), 
added cl. (1) and redesignated existing cls. (1) to (5) as (2) to (6), 
respectively.
    Subsecs. (b), (c). Pub. L. 98-369, Sec. 2722(b)(2), (3), 
redesignated subsec. (c) as (b). Former subsec. (b), which had provided 
that this chapter did not cover land but did cover public works, 
buildings, facilities, vessels, floating equipment, aircraft, parts, 
accessories, equipment, and machine tools, was struck out.
    1958--Subsec. (a)(5). Pub. L. 85-568 substituted ``The National 
Aeronautics and Space Administration'' for ``The National Advisory 
Committee for Aeronautics''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 applicable with respect to any 
solicitation for bids or proposals issued after Mar. 31, 1985, see 
section 2751 of Pub. L. 98-369, set out as a note under section 251 of 
Title 41, Public Contracts.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-568 effective 90 days after July 29, 1958, 
or on any earlier date on which the Administrator of the National 
Aeronautics and Space Administration determines, and announces by 
proclamation, that the Administration has been organized and is prepared 
to discharge the duties and exercise the powers conferred upon it, see 
note set out under section 2302 of this title.


Acquisition, Lease, or Rental for Use by the Armed Forces of Motor Buses 
                 Manufactured Outside the United States

    Pub. L. 90-500, title IV, Sec. 404, Sept. 20, 1968, 82 Stat. 851, 
which provided that no funds for the armed forces were to be used to buy 
or lease buses other than those manufactured in the United States, 
except as regulation from the Secretary of Defense might authorize 
solely to avoid uneconomical procurement or one contrary to the national 
interest, was repealed and restated as section 2400 of this title by 
Pub. L. 97-295, Secs. 1(29)(A), 6(b), Oct. 12, 1982, 96 Stat. 1294, 
1314.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302a, 2302b, 2302c, 2304, 
2305, 2307, 2309, 2311, 2314, 2318, 2320, 2374, 2384a, 2409, 2410 of 
this title.
