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10 U.S.C. § 3901 — Contracts: prohibition on competition between Department of Defense and small businesses
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-10/section-3901-contracts-prohibition-on-competition-between-department-of-defense-and-s--752c382a3a.md
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Source location: Title 10, Chapter 287, § 3901; chapter-287-other-contracting-programs.md
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**(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
### 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304a
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2305"></a>
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added and amended Pub. L. 102–484, div. A, title VIII, §§ 801(a)(1), (b)–(f), 802, Oct. 23, 1992, 106 Stat. 2442–2444, 2446; Pub. L. 103–35, title II, § 202(a)(6), May 31, 1993, 107 Stat. 101; Pub. L. 103–160, div. A, title VIII, § 811(a)–(c), (e), Nov. 30, 1993, 107 Stat. 1702; Pub. L. 103–355, title VII, § 7105, Oct. 13, 1994, 108 Stat. 3369; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(8), Feb. 10, 1996, 110 Stat. 672; Pub. L. 105–135, title VI, § 604(a), Dec. 2, 1997, 111 Stat. 2632; Pub. L. 105–261, div. A, title VIII, § 801, Oct. 17, 1998, 112 Stat. 2080; Pub. L. 106–65, div. A, title VIII, § 808, Oct. 5, 1999, 113 Stat. 705; Pub. L. 107–107, div. A, title X, § 1048(a)(17), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VIII, § 816, Dec. 2, 2002, 116 Stat. 2610; Pub. L. 108–136, div. A, title X, § 1031(a)(15), Nov. 24, 2003, 117 Stat. 1597; Pub. L. 109–163, div. A, title VIII, § 842, Jan. 6, 2006, 119 Stat. 3389; Pub. L. 109–364, div. A, title VIII, § 858, Oct. 17, 2006, 120 Stat. 2349; Pub. L. 110–181, div. A, title VIII, § 891, Jan. 28, 2008, 122 Stat. 270; Pub. L. 111–383, div. A, title X, § 1075(b)(31), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(B), Dec. 12, 2017, 131 Stat. 1796, related to contract goals for small disadvantaged businesses and certain institutions of higher education.
A prior section 2323, added Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; amended Pub. L. 99–500, § 101(c) [title X, § 926(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 926(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title I
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 2582
TITLE 10—ARMED FORCES
§ 3901
centage of the total workforce of the offeror consisting
of severely disabled individuals employed by the offeror
shall be one of the evaluation factors.
‘‘(c) CREDIT TOWARD CERTAIN SMALL BUSINESS CON-
TRACTING GOALS.—Department of Defense contracts en-
tered into with eligible contractors under the dem-
onstration project under this section, and subcontracts
entered into with eligible contractors under such con-
tracts, shall be credited toward the attainment of goals
established under section 15(g)(1) of the Small Business
Act (15 U.S.C. 644(g)(1)) regarding the extent of the par-
ticipation of disadvantaged small business concerns in
contracts of the Department of Defense and sub-
contracts under such contracts.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligible con-
tractor’ means a business entity operated on a for-
profit or nonprofit basis that—
‘‘(A) employs severely disabled individuals at a
rate that averages not less than 33 percent of its
total workforce over a period prescribed by the Sec-
retary;
‘‘(B) pays not less than the minimum wage pre-
scribed pursuant to section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206) to the employ-
ees who are severely disabled individuals; and
‘‘(C) provides for its employees health insurance
and a retirement plan comparable to those provided
for employees by business entities of similar size in
its industrial sector or geographic region.
‘‘(2) SEVERELY DISABLED INDIVIDUAL.—The term ‘se-
verely disabled individual’ means an individual with
a disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) who has
a severe physical or mental impairment that seri-
ously limits one or more
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
Page 890
TITLE 15—COMMERCE AND TRADE
§ 637
mortgage obligations, payments on covered lease ob-
ligations, or covered utility payments, as the case
may be.’’
Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended
subsec. (i) generally. Prior to amendment, text read as
follows: ‘‘For purposes of title 26, any amount which
(but for this subsection) would be includible in gross in-
come of the eligible recipient by reason of forgiveness
described in subsection (b) shall be excluded from gross
income.’’
Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added
subsec. (l).
Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l).
Text read as follows: ‘‘An eligible recipient that re-
ceived a covered loan before June 5, 2020, may elect for
the covered period applicable to such covered loan to
end on the date that is 8 weeks after the date of the
origination of such covered loan.’’
Pub. L. 116–142, § 3(b)(3), added subsec. (l).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–2 applicable only with re-
spect to applications for forgiveness of covered loans
made under pars. (36) or (37) of section 636(a) of this
title received on or after Mar. 11, 2021, see section
5001(c)(3) of Pub. L. 117–2, set out as a note under sec-
tion 636 of this title.
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020,
134 Stat. 1979, provided that: ‘‘The amendment made by
this subsection [amending this section] shall apply to
taxable years ending after the date of the enactment of
the CARES Act [Mar. 27, 2020].’’
Amendment by section 304(b)(1)(A), (B), (2) of div. N
of Pub. L. 116–260 effective as if included in Pub. L.
116–136 and applicable to any loan made pursuant to
secti
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 637
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