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10 U.S.C. § 3203 — Exclusion of particular source or restriction of solicitation to small business concerns
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 10, Chapter 221, § 3203; chapter-221-planning-and-solicitation-generally.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/e/1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3403
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Federal law — U.S. Code and appendices · legal_authorities
Page 2422
TITLE 10—ARMED FORCES
§ 3203
Subsec. (b). Pub. L. 116–283, § 1811(c)(2)(A), (E), redes-
ignated subsec. (a)(2) as (b) and inserted heading, redes-
ignated subpar. (A) and cls. (i) to (iv) as par. (1) and
subpars. (A) to (D), respectively, and redesignated sub-
par. (B) as par. (2) and substituted ‘‘paragraph (1)’’ for
‘‘clause (A)’’.
Subsec. (c). Pub. L. 116–283, § 1811(c)(3), redesignated
subsec. (j) of section 2304 of this title as subsec. (c) of
this section and inserted heading.
Subsec. (d). Pub. L. 116–283, § 1811(c)(4), redesignated
subsec. (h) of section 2304 of this title as subsec. (d) of
this section and inserted heading.
Subsec. (e). Pub. L. 116–283, § 1811(c)(5), redesignated
subsec. (k) of section 2304 of this title as subsec. (e) of
this section, inserted subsec. and par. headings,
switched order and designations of pars. (2) and (3), re-
aligned margins of pars. (2) to (4), and substituted ‘‘sec-
tion 3063’’ for ‘‘section 2303(a)’’ in pars. (1) and (4).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and Ef-
fective Date note below.
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
COMPETITION FOR PROCUREMENT OF SMALL ARMS
SUPPLIED TO IRAQ AND AFGHANISTAN
Pub. L. 110–181, div. A, title VIII, § 892, Jan. 28, 2008,
122 Stat. 270, which r
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3203
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Federal law — U.S. Code and appendices · legal_authorities
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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