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10 U.S.C. § 2304a — Renumbered § 3403]

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

10 U.S.C. § 2304a — Renumbered § 3403]

### Statutory Notes #### Codification Another section 2304a was renumbered [section 3901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3901&num=0&edition=prelim).

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Source location: Title 10, Chapter [CHAPTER 137, § 2304a; chapter-chapter-137-chapter-chapter-137.md

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

10 U.S.C. § 3901 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim) or 644).

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

10 U.S.C. § 3403 — Task and delivery order contracts: general authority

**(a) Authority To Award.—** Subject to the requirements of this section, [section 3406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406&num=0&edition=prelim), and other applicable law, the head of an agency may enter into a task or delivery order contract (as defined in [section 3401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3401&num=0&edition=prelim)) for procurement of services or property. **(b) Solicitation.—** The solicitation for a task or delivery order contract shall include the following: (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, if any. (2) The maximum quantity or dollar value of the services or property to be procured under the contract. (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 agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if— (1) an exception in subsection (a) of [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim) applies to the contract; and (2) the use of such procedures is approved in accordance with subsection (e) of such section. **(d) Single and Multiple Contract Awards.—** (1) **Exercise of authority.—** — The head of an agency may exercise the authority provided in this section— (A) to award a single task or delivery

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

10 U.S.C. § 2304a — Untitled legal text

Page 1870 TITLE 10—ARMED FORCES [§ 2302e existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. [§ 2302e. Renumbered § 4004] [§ 2303. Repealed. Pub. L. 116–283, div. A, title XVIII, § 1807(c)(4), Jan. 1, 2021, 134 Stat. 4157] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 98–369, div. B, title VII, § 2722(b), July 18, 1984, 98 Stat. 1187; Pub. L. 116–283, div. A, title XVIII, § 1807(c)(2), (3), Jan. 1, 2021, 134 Stat. 4157, related to ap- plicability of chapter. See, generally, sections 3063 and 3064 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 2022, with additional provi- sions 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. [§ 2303a. Repealed. Pub. L. 98–577, title III, § 302(c)(1), Oct. 30, 1984, 98 Stat. 3077] Section, Pub. L. 98–525, title XII, § 1212(a), Oct. 19, 1984, 98 Stat. 2590, related to publication of proposed regulations. Section, pursuant to section 1212(b) of Pub. L. 98–525, was to have taken effect with respect to procurement policies, regulations, procedures, or forms first pro- posed to be issued by an agency on or after the date which was 30 days after the date of enactment of Pub. L. 98–525. Pub. L. 98–525 was approved Oct. 19, 1984. How- ever, before that effective date, the section was re- pealed by Pub. L. 98–577. [§ 2304. Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub.

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