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

  1. Law
  2. USC 10
  3. Armed Forces
  4. General Military Law
  5. SERVICE, SUPPLY, AND PROCUREMENT
  6. PROCUREMENT GENERALLY
  7. Contracts: prohibition on competition between Department of Defense and small businesses

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§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).

(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 ; amended Pub. L. 115–232, div. A, title VIII, §812(a)(2)(C)(vi), Aug. 13, 2018, 132 Stat. 1847 ; Pub. L. 116–92, div. A, title XVII, §1731(a)(39)(A), Dec. 20, 2019, 133 Stat. 1814 .)

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

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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