10 USC § 3302 - Sealed bids

---
identifier: "/us/usc/t10/s3302"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3302 - Sealed bids"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3302"
section_name: "Sealed bids"
chapter_number: 241
chapter_name: "AWARDING OF CONTRACTS"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(c)(2)(B), (4), Jan. 1, 2021, 134 Stat. 4182.)"
---


# § 3302. Sealed bids

**(a)** **Opening of Bids.—** Sealed bids shall be opened publicly at the time and place stated in the solicitation.

**(b)** **Criteria for Awarding Contract.—** The head of the agency shall evaluate the bids in accordance with section 3301(a) of this title without discussions with the bidders and, except as provided in section 3301(b) of this title, shall award a contract with reasonable promptness to the responsible bidder whose bid conforms to the solicitation and is most advantageous to the United States, considering only price and the other price-related factors included in the solicitation.

**(c)** **Notice of Award.—** The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the award to the successful bidder. Within three days after the date of contract award, the head of the agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.

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**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(c)(2)(B), (4), Jan. 1, 2021, 134 Stat. 4182.)

## Editorial Notes

### Codification

The text of subsec. (b)(3) of , which was transferred to this section and amended by , (2)(B), (4) was based on , , ; , , ; , , .

### Prior Provisions

A prior section 3302, , , related to promotion to captain, major, or lieutenant colonel of commissioned officers of Medical Corps, Dental Corps, and Veterinary Corps upon examination of professional fitness and effect upon failure of promotion, prior to repeal by , title VII, § 701, , , 2955, effective . See sections 631 and 632 of this title.

### Amendments

2021—Subsec. (a). , (C), redesignated subsec. (b)(3) of  as subsec. (a) of this section and inserted heading. Former second and third sentences of subsec. (a) designated subsecs. (b) and (c), respectively.

Subsec (b). , (D), designated second sentence of subsec. (a) as subsec. (b) of this section, inserted heading, and substituted “” for “paragraph (1)” and “” for “paragraph (2)”.

Subsec. (c). , (E), designated third sentence of subsec. (a) as subsec. (c) of this section and inserted heading.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section and amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .