# § 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 chapter 11 of title 40.
**(b)**
**(1)** In the case of a contract referred to in subsection (a), 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 threshold amount under paragraph (1) is $1,000,000.
**(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)).
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**Source Credit**: (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 98–407, title VIII, § 808(a), Aug. 28, 1984, 98 Stat. 1521; Pub. L. 107–217, § 3(b)(22), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title XIV, § 1427(a), Nov. 24, 2003, 117 Stat. 1670; Pub. L. 115–232, div. B, title XXVIII, § 2804(a), (b), Aug. 13, 2018, 132 Stat. 2261.)
## Editorial Notes
### References in Text
The Small Business Act, referred to in subsec. (b)(1), is (1 et seq.), , , which is classified generally to chapter 14A (§ 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 and Tables.
### Amendments
2018—Subsec. (b)(1). , substituted “subsection (a),” for “subsection (a)—”, struck out subpar. (B) designation before “if the Secretary”, and struck out subpar. (A) which read as follows: “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”.
Subsec. (b)(2). , substituted “threshold” for “initial threshold” and “$1,000,000” for “$300,000” and struck out last sentence which read as follows: “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).”
2003—Subsec. (b)(2). substituted “$300,000” for “$85,000”.
2002—Subsec. (a). substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 ( et seq.)”.
1984— designated existing provisions as subsec. (a) and added subsec. (b).
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
> “The amendments made by this section [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year.”
, , , provided that:
### Effective Date of 1984 Amendment
> “Subsection (b) of
>
> , United States Code, as added by subsection (a), shall apply with respect to contracts awarded after
>
> , except that the authority of the Secretary of Defense under paragraph (2) of that subsection shall apply only with respect to contracts awarded after
>
> .”
, , , provided that:
### Effective Date
For effective date and applicability of section, see , set out as a note under .