§ 3203. Exclusion of particular source or restriction of solicitation to small business concerns
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/usc/title-10/section-3203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Exclusion of Particular Source.—
(1)Criteria for exclusion.— The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures but excluding a particular source in order to establish or maintain an alternative source or sources of supply for that property or service if the head of the agency determines that to do so—
(A)would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of property or services;
(B)would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;
(C)would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;
(D)would ensure the continuous availability of a reliable source of supply of such property or service;
(E)would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or
(F)in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.
(2)Determination for Class Disallowed.— A determination under paragraph
(1)may not be made for a class of purchases or contracts.
(b)Exclusion of Other Than Small Business Concerns.— The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures, but excluding concerns other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 638, 644).
(c)Inapplicability of Justification and Approval Requirements.— A contract awarded pursuant to the competitive procedures referred to in subsections (a)(1) and
(b)shall not be subject to the justification and approval required by section 3204(e)(1) of this title.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (2), Jan. 1, 2021, 134 Stat. 4166; Pub. L. 117–81, div. A, title XVII, § 1701(d)(3), Dec. 27, 2021, 135 Stat. 2136.)
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Cited by 5 sections
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- Public Law 85–861
- Public Law 116–283To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
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- 134 Stat. 4166
- 135 Stat. 2136
- Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C)
- 98 Stat. 1187
- Pub. L. 98–577, title V, § 504(b)(1)
- 98 Stat. 3086
- Pub. L. 99–661, div. A, title XIII, § 1343(a)(14)
- 100 Stat. 3993
- Pub. L. 101–189, div. A, title VIII
- 103 Stat. 1519
- Pub. L. 102–484, div. A, title VIII, § 801(h)(2)
- 106 Stat. 2445
- Pub. L. 103–355, title I, § 1002
- 108 Stat. 3249
- 132 Stat. 1847
- act Aug. 10, 1956, ch. 1041
- 70A Stat. 173
- Pub. L. 85–861, § 1(64)
- 72 Stat. 1463
- Pub. L. 96–513, title II, § 202
- 94 Stat. 2878
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§ 3203
Exclusion of particular source or restriction of solicitation to small business concerns
Stat.×2
Pub. L.×1
Stat. Comp.×1
U.S.C.×1
Stat.134 Stat. 4166
Stat.135 Stat. 2136
Pub. L.Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C)
Stat.98 Stat. 1187
Pub. L.Pub. L. 98–577, title V, § 504(b)(1)
Cites 28 · showing 12Cited by 5 across 4 sources