US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3901

Contracts: prohibition on competition between Department of Defense and small businesses

(a)

Exclusion .—

In any case in which the Secretary of Defense plans to use competitive procedures for a procurement, if the procurement is to be conducted as described in subsection (b), then the Secretary shall exclude the Department of Defense from competing in the procurement.
(b)

Procurement Description .—

15 U.S.C. 637The requirement to exclude the Department of Defense under subsection (a) applies in the case of a procurement to be conducted by excluding from competition entities in the private sector other than small business concerns in furtherance of section 8 or 15 of the Small Business Act ( or 644).

Pub. L. 103–160, div. A, title VIII, § 848(a)(1)107 Stat. 1724Pub. L. 104–106, div. D, title XLIII, § 4321(b)(6)(A)110 Stat. 672Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vi)132 Stat. 1847Pub. L. 116–92, div. A, title XVII, § 1731(a)(39)(A)133 Stat. 1814Pub. L. 116–283, div. A, title XVIII, § 1838(b)134 Stat. 4242Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A)135 Stat. 2154(Added , , , § 2304a; renumbered § 2304e, , , ; amended , , ; , , ; renumbered § 3901, , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1838(b)Pub. L. 117–81, § 1701(v)(2)(A)section 2304e of this title2021—, as amended by , renumbered as this section.

Pub. L. 115–232section 2323 of this title2018—Subsec. (b). substituted “other than” for “other than—”, struck out par. (1) designation before “small business”, and struck out par. (2) which read as follows: “entities described in subsection (a)(1) of in furtherance of the goal specified in that subsection.”

Pub. L. 104–106section 2304a of this title1996— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date

Pub. L. 103–160, div. A, title VIII, § 848(b)107 Stat. 1725

Section 2304a of title 1010 U.S.C. 3901“, United States Code [now ], as added by subsection (a), shall take effect on the date of the enactment of this Act [].”
, , , provided that: