10 U.S. Code § 2304e - 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.—
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 small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644).
Transfer of Section

Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1838(b), Jan. 1, 2021, 134 Stat. 4151, 4242, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 285 of this title, as added by section 1838(a) of Pub. L. 116–283, inserted after the table of sections, and redesignated as section 3901 of this title. See Effective Date of 2021 Amendment note below.

Amendments

2019—Pub. L. 116–92 struck out “and certain other entities” after “businesses” in section catchline.

2018—Subsec. (b). Pub. L. 115–232 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 section 2323 of this title in furtherance of the goal specified in that subsection.”

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

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

Pub. L. 103–160, div. A, title VIII, § 848(b), Nov. 30, 1993, 107 Stat. 1725, provided 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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