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41 U.S.C. § 3303 — Exclusion of particular source or restriction of solicitation to small business concerns

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3303 — Exclusion of particular source or restriction of solicitation to small business concerns

**(a) Exclusion of Particular Source.—** (1) **Criteria for exclusion.—** — An executive agency may provide for the procurement of property or services covered by [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3301&num=0&edition=prelim) using competitive procedures but excluding a particular source to establish or maintain an alternative source of supply for that property or service if the agency head determines that to do so would— (A) increase or maintain competition and likely result in reduced overall cost for the procurement, or for an anticipated procurement, of the property or services; (B) 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) 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) ensure the continuous availability of a reliable source of supply of the property or service; (E) satisfy projected needs for the property or service determined on the basis of a history of high demand for the property or service; or (F) satisfy a critical need for medical, safety, or emergency 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.—** An executive agency may provide for the procurement of property or services covered by [section 3301 of this title](https://uscode.house.

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Source file: Laws/federal/codes/united-states-code/title-41/section-3303-exclusion-of-particular-source-or-restriction-of-solicitation-to-small-b--4f8ff85578.md
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Source location: Title 41, Chapter 33, § 3303; chapter-033-chapter-33.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3301 — Full and open competition

**(a) In General.—** Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall— (1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and (2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement. **(b) Appropriate Competitive Procedures.—** (1) **Use of sealed bids.—** — In determining the competitive procedures appropriate under the circumstance, an executive agency shall— (A) solicit sealed bids if— (i) time permits the solicitation, submission, and evaluation of sealed bids; (ii) the award will be made on the basis of price and other price-related factors; (iii) it is not necessary to conduct discussions with the responding sources about their bids; and (iv) there is a reasonable expectation of receiving more than one sealed bid; or (B) request competitive proposals if sealed bids are not appropriate under subparagraph (A). (2) **Sealed bid not required.—** — Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 11 See References in Text note below. of title 23 applies. **(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3301

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 638 — Research and development

**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy. **(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered— (1) to assist small-business concerns to obtain Government contracts for research and development; (2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense; (3) to provide technical assistance to small-business concerns to accomplish the purposes of this section; (4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs; (5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 638

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4103 — General authority

**(a) Authority To Award.—** Subject to the requirements of this section, [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), and other applicable law, the head of an executive agency may enter into a task or delivery order contract for procurement of services or property. **(b) Solicitation.—** The solicitation for a task or delivery order contract shall include— (1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option; (2) the maximum quantity or dollar value of the services or property to be procured under the contract; and (3) a statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract. **(c) Applicability of Restriction on Use of Noncompetitive Procedures.—** The head of an executive agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) applies to the contract and the use of those procedures is approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim). **(d) Single and Multiple Contract Awards.—** (1) **Exercise of authority.—** — The head of an executive agency may exercise the authority provided in this section— (A) to award a single task or delivery order contract; or (B) if the solicitation states t

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4103

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 638 — Research and development

Page 922 TITLE 15—COMMERCE AND TRADE § 637d (3) the term ‘‘Government procurement con- tract’’ means any contract for the procure- ment of any goods or services by any Federal agency. (Pub. L. 95–507, title II, § 224(a), Oct. 24, 1978, 92 Stat. 1772; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 95–507, Oct. 24, 1978, 92 Stat. 1757. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of the Small Busi- ness Act which comprises this chapter. AMENDMENTS 2004—Par. (2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. § 637d. Subcontracting plan reports (1) Reporting requirements Not later than 1 year after January 2, 2013, the Administrator of the Small Business Adminis- tration shall take such actions as are necessary to ensure that the electronic subcontracting re- porting system established by the Administra- tion to carry out the requirement of section 637(d)(6)(E) of this title is modified to ensure that it can identify entities that fail to submit required reports. (2) Annual report Not later than March 31 of each year, the Ad- ministrator of the Small Business Administra- tion shall provide the Committee on Small Busi- ness of the House of Representatives and the Committee on Small Business and Entrepre- neurship of the Senate a report, based on data available through existing systems, that sets forth, by agency (and to the extent practicable, by type of goal or plan), the following informa- tion: (A) the percentage of entities required to submit reports pursuant to section 637(d)(6) of this title that filed such reports and that failed t

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 638

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3303 — Exclusion of particular source or restric-

Page 90 TITLE 41—PUBLIC CONTRACTS § 3303 section 253h of former Title 41, Public Contracts, prior to being repealed and reenacted by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. Section 863(b)(3)(A) of Pub. L. 110–417 was restated as subsec. (c)(3)(A) of this section and subsequently amended by Pub. L. 111–383, div. A, title X, § 1075(e)(14), Jan. 7, 2011, 124 Stat. 4375. For applicability of that amendment to this section, see section 6(a) of Pub. L. 111–350, set out as a Transitional and Savings Provi- sions note preceding section 101 of this title. Section 863(b)(3)(A) of Pub. L. 110–417 was amended by striking ‘‘subsection (d)(2)(A)’’ and inserting ‘‘subsection (d)(3)(A)’’. Such reference did not appear in the text of subsec. (c)(3)(A) as enacted. See Historical and Revision Notes below. REPEAL OF SUBSECTION (f) Pub. L. 116–92, div. A, title VIII, § 893(b)(2), Dec. 20, 2019, 133 Stat. 1540 provided that, effec- tive Dec. 31, 2025, subsection (f) of this section is repealed. See 2019 Amendment note below. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3302 ............ 41:253h note. Pub. L. 110–417, [div. A], title VIII, § 863(a)–(e), Oct. 14, 2008, 122 Stat. 4547. In subsection (b), the words ‘‘Not later than one year after the date of the enactment of this Act’’ are omit- ted because of section 6(f) of the bill. The words ‘‘shall require’’ are substituted for ‘‘shall be amended to re- quire’’ to reflect the permanence of the provision. In subsection (c)(2)(A), the words ‘‘except as provided in paragraph (3)’’ are omitted as unnecessary. In subsection (c)(3)(A), ‘‘subsection (a)(3)(A)’’ is sub- stituted for ‘‘subsection (d)(2)(A)’’ for consistency in the revised title a

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 3303

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