
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2855]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2855. Law applicable to contracts for architectural and 
        engineering services and construction design
        
    (a) Contracts for architectural and engineering services and 
construction design in connection with a military construction project 
or a military family housing project shall be awarded in accordance with 
title IX of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 541 et seq.).
    (b)(1) In the case of a contract referred to in subsection (a)--
        (A) if the Secretary concerned estimates that the initial award 
    of the contract will be in an amount greater than or equal to the 
    threshold amount determined under paragraph (2), the contract may 
    not be set aside exclusively for award to small business concerns; 
    and
        (B) if the Secretary concerned estimates that the initial award 
    of the contract will be in an amount less than the threshold amount 
    determined under paragraph (2), the contract shall be awarded in 
    accordance with the set aside provisions of the Small Business Act 
    (15 U.S.C. 631 et seq.).

    (2) The initial threshold amount under paragraph (1) is $85,000. The 
Secretary of Defense may revise that amount in order to ensure that 
small business concerns receive a reasonable share of contracts referred 
to in subsection (a).
    (3) This subsection does not restrict the award of contracts to 
small business concerns under section 8(a) of the Small Business Act (15 
U.S.C. 637(a)).

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 166; amended 
Pub. L. 98-407, title VIII, Sec. 808(a), Aug. 28, 1984, 98 Stat. 1521.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Title IX of the Federal Property and Administrative Services 
Act is classified generally to subchapter VI (Sec. 541 et seq.) of 
chapter 10 of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.
    The Small Business Act, referred to in subsec. (b)(1)(B), is Pub. L. 
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified 
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see Short 
Title note set out under section 631 of Title 15 and Tables.


                               Amendments

    1984--Pub. L. 98-407 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1984 Amendment

    Section 808(b) of Pub. L. 98-407 provided that: ``Subsection (b) of 
section 2855 of title 10, United States Code, as added by subsection 
(a), shall apply with respect to contracts awarded after September 30, 
1984, except that the authority of the Secretary of Defense under 
paragraph (2) of that subsection shall apply only with respect to 
contracts awarded after September 30, 1985.''


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.
