10 USC § 2304e - Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities | Title 10 - Armed Forces | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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.— The 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—

(1) small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644); or

(2) entities described in subsection (a)(1) ofsection 2323 of this title in furtherance of the goal specified in that subsection.

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(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.— The 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—

(1) small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644); or

(2) entities described in subsection (a)(1) ofsection 2323 of this title in furtherance of the goal specified in that subsection.

Source

(Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1),Nov. 30, 1993, 107 Stat. 1724, § 2304a; renumbered § 2304e,Pub. L. 104–106, div. D, title XLIII, § 4321(b)(6)(A),Feb. 10, 1996, 110 Stat. 672.)

Amendments

1996—Pub. L. 104–106renumbered section 2304a of this title as this section.

Effective Date

Section 848(b) ofPub. L. 103–160provided that: “Section 2304a [now 2304e] of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Nov. 30, 1993].”

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

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1 CFR - General Provisions

1 CFR Part 16 - AGENCY REPRESENTATIVES

1 CFR Part 17 - FILING FOR PUBLIC INSPECTION AND PUBLICATION SCHEDULES

1 CFR 18 19

1 CFR Part 22 - PREPARATION OF NOTICES AND PROPOSED RULES