10 U.S. Code § 2304e - Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities
Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities
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); or
entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.
(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.)
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