10 U.S.C. § 3203 | Exclusion of particular source or restriction of solicitation to small business concerns

(a)

Exclusion of Particular Source.—

(1)

Criteria for exclusion .—

The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures but excluding a particular source in order to establish or maintain an alternative source or sources of supply for that property or service if the head of the agency determines that to do so—

(A)

would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of property or services;

(B)

would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;

(C)

would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;

(D)

would ensure the continuous availability of a reliable source of supply of such property or service;

(E)

would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or

(F)

in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.

(2)

Determination for Class Disallowed .—

A determination under paragraph (1) may not be made for a class of purchases or contracts.

(b)

Exclusion of Other Than Small Business Concerns .—

15 U.S.C. 638The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures, but excluding concerns other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (, 644).

(c)

Inapplicability of Justification and Approval Requirements .—

section 3204(e)(1) of this titleA contract awarded pursuant to the competitive procedures referred to in subsections (a)(1) and (b) shall not be subject to the justification and approval required by .

Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1)Jan. 1, 2021134 Stat. 4166 Pub. L. 117–81, div. A, title XVII, § 1701(d)(3)Dec. 27, 2021135 Stat. 2136 (Added and amended , (2), , ; , , .)

Editorial Notes

Codification

section 2304 of this title Pub. L. 116–283, § 1811(d)(2)Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C)July 18, 198498 Stat. 1187 Pub. L. 98–577, title V, § 504(b)(1)Oct. 30, 198498 Stat. 3086 Pub. L. 99–661, div. A, title XIII, § 1343(a)(14)Nov. 14, 1986100 Stat. 3993 Pub. L. 101–189, div. A, title VIIINov. 29, 1989103 Stat. 1519 Pub. L. 102–484, div. A, title VIII, § 801(h)(2)Oct. 23, 1992106 Stat. 2445 Pub. L. 103–355, title I, § 1002Oct. 13, 1994108 Stat. 3249 Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(v)Aug. 13, 2018132 Stat. 1847 The text of subsec. (b) of , which was transferred to this section and amended by , was based on , , ; , , ; , , ; , 853(d), , ; , , ; , , ; , , .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 173 Pub. L. 85–861, § 1(64)Sept. 2, 195872 Stat. 1463 Pub. L. 96–513, title II, § 202Dec. 12, 198094 Stat. 2878 Sept. 15, 1981A prior section 3203, , ; , , , prescribed authorized strength of Regular Army in members on active duty, exclusive of officers candidates, prior to repeal by , title VII, § 701, , , 2955, effective .

Amendments

Pub. L. 116–283, § 1811(d)(2)(A)section 2304 of this title2021—Subsec. (a). , redesignated subsec. (b) of as subsec. (a) of this section and inserted heading.

Pub. L. 116–283, § 1811(d)(2)(A)Subsec. (a)(1). –(C), inserted heading, substituted “covered by chapter 137 legacy provisions” for “covered by this chapter” in introductory provisions, and realigned margins of subpars. (A) to (F).

Pub. L. 116–283, § 1811(d)(2)(F)Subsec. (a)(2). , redesignated par. (4) as (2), inserted heading, and realigned margin. Former pars. (2) and (3) redesignated subsecs. (b) and (c), respectively.

Pub. L. 116–283, § 1811(d)(2)(D)Subsec. (b). , redesignated subsec. (a)(2) as (b), inserted heading, and substituted “chapter 137 legacy provisions” for “this section”.

Pub. L. 117–81Subsec. (c). substituted “subsections (a)(1) and (b)” for “paragraphs (1) and (2)”.

Pub. L. 116–283, § 1811(d)(2)(E)section 3204(e)(1) of this title, redesignated subsec. (a)(3) as (c), inserted heading, and substituted “” for “subsection (f)(1)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(3) of Pub. L. 117–81 section 3001 of this titleAmendment by to take effect immediately after the amendments made by title XVIII of have taken effect, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleSection 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 .