§ 3203. Exclusion of particular source or restriction of solicitation to small business concerns

Statutory text

Exclusion of Particular Source.—

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—

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;

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;

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;

would ensure the continuous availability of a reliable source of supply of such property or service;

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

in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.

Determination for Class Disallowed.—

A determination under paragraph (1) may not be made for a class of purchases or contracts.

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).

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1811(d)(1) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3203
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (2), Jan. 1, 2021, 134 Stat. 4166
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (2), Jan. 1, 2021, 134 Stat. 4166
Enacted provision · exact public law section
(1) Section headings.— Chapter 221 of title 10, United States Code, as amended by subsection (b), is amended by adding after section 3201, as added by subsection (c), the following new sections: “§ 3203. Exclusion of particular source or restriction of solicitation to small business concerns “§ 3204. Use of procedures other than competitive procedures “§ 3205. Simplified procedures for small purchases” .
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(2)(A) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 3203(a)
  Pub. L. 116–283, § 1811(d)(2)(A), redesignated subsec. (b) of section 2304 of this title as subsec. (a) of this section
2. Inserted · 10 U.S.C. § 3203(a)
  Pub. L. 116–283, § 1811(d)(2)(A), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1811(d)(2)(A), redesignated subsec. (b) of section 2304 of this title as subsec. (a) of this section and inserted heading.
Enacted provision · exact public law section
(A) by striking the subsection designation and all that follows through “may provide for” the first place it appears and inserting the following: “(a) Exclusion of Particular Source.— “(1) Criteria for exclusion.— The head of an agency may provide for” ;
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(2)(A) · 134 Stat. 3388
1. Inserted · 10 U.S.C. § 3203(a)(1)
  Pub. L. 116–283, § 1811(d)(2)(A)–(C), inserted heading
2. Substituted · 10 U.S.C. § 3203(a)(1)
  Pub. L. 116–283, § 1811(d)(2)(A)–(C), substituted “covered by chapter 137 legacy provisions” for “covered by this chapter” in introductory provisions, and realigned margins of subpars. (A) to (F)
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–283, § 1811(d)(2)(A)–(C), inserted heading, substituted “covered by chapter 137 legacy provisions” for “covered by this chapter” in introductory provisions, and realigned margins of subpars. (A) to (F).
Enacted provision · exact public law section
(A) by striking the subsection designation and all that follows through “may provide for” the first place it appears and inserting the following: “(a) Exclusion of Particular Source.— “(1) Criteria for exclusion.— The head of an agency may provide for” ;
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(2)(F) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 3203(a)(2)
  Pub. L. 116–283, § 1811(d)(2)(F), redesignated par. (4) as (2)
2. Redesignated · 10 U.S.C. § 3203(a)(2)
  Pub. L. 116–283, § 1811(d)(2)(F), inserted heading, and realigned margin. Former pars. (2) and (3) redesignated subsecs. (b) and (c), respectively
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–283, § 1811(d)(2)(F), redesignated par. (4) as (2), inserted heading, and realigned margin. Former pars. (2) and (3) redesignated subsecs. (b) and (c), respectively.
Enacted provision · exact public law section
(F) by transferring paragraph (4) to the end of subsection (a), as so redesignated, redesignating such paragraph as paragraph (2), indenting such paragraph two ems from the left margin, and inserting “Determination for Class Disallowed.—” before “A determination”.
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(2)(D) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 3203(b)
  Pub. L. 116–283, § 1811(d)(2)(D), redesignated subsec. (a)(2) as (b)
2. Inserted · 10 U.S.C. § 3203(b)
  Pub. L. 116–283, § 1811(d)(2)(D), inserted heading
3. Substituted · 10 U.S.C. § 3203(b)
  Pub. L. 116–283, § 1811(d)(2)(D), substituted “chapter 137 legacy provisions” for “this section”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1811(d)(2)(D), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “chapter 137 legacy provisions” for “this section”.
Enacted provision · exact public law section
(D) by redesignating paragraph (2) as subsection (b) and in that subsection— (i) inserting “Exclusion of Other Than Small Business Concerns.—” before “The head of”; and (ii) striking “this section” and inserting “chapter 137 legacy provisions”;
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1811(d)(2)(E) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 3203(c)
  Pub. L. 116–283, § 1811(d)(2)(E), redesignated subsec. (a)(3) as (c)
2. Inserted · 10 U.S.C. § 3203(c)
  Pub. L. 116–283, § 1811(d)(2)(E), inserted heading
3. Substituted · 10 U.S.C. § 3203(c)
  Pub. L. 116–283, § 1811(d)(2)(E), substituted “section 3204(e)(1) of this title” for “subsection (f)(1)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1811(d)(2)(E), redesignated subsec. (a)(3) as (c), inserted heading, and substituted “section 3204(e)(1) of this title” for “subsection (f)(1)”.
Enacted provision · exact public law section
(E) by redesignating paragraph (3) as subsection (c) and in that subsection— (i) inserting “Inapplicability of Justification and Approval Requirements.—” before “A contract”; and (ii) striking “subsection (f)(1)” and inserting “section 3204(e)(1) of this title”; and
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title XVII § 1701(d)(3) · 135 Stat. 1541
Substituted · 10 U.S.C. § 3203(c)
Pub. L. 117–81 substituted “subsections (a)(1) and (b)” for “paragraphs (1) and (2)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–81 substituted “subsections (a)(1) and (b)” for “paragraphs (1) and (2)”.
Enacted provision · exact public law section
(3) Section 3203 of such title, as added by paragraph (1) and amended by paragraph (2) of section 1811(d)(2) of such Act, is amended in subsection (c) by striking “paragraphs (1) and (2)” and inserting “subsections (a)(1) and (b)”.
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.

14 of 14 references resolved to an enrolled provision

Editorial Notes

Codification

The text of subsec. (b) of section 2304 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(d)(2), was based on Pub. L. 98–369, div. B, title VII, § 2723(a)(1)(C), July 18, 1984, 98 Stat. 1187; Pub. L. 98–577, title V, § 504(b)(1), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–661, div. A, title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 101–189, div. A, title VIII, 853(d), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 102–484, div. A, title VIII, § 801(h)(2), Oct. 23, 1992, 106 Stat. 2445; Pub. L. 103–355, title I, § 1002, Oct. 13, 1994, 108 Stat. 3249; Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(v), Aug. 13, 2018, 132 Stat. 1847.

Prior Provisions

A prior section 3203, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–861, § 1(64), Sept. 2, 1958, 72 Stat. 1463, prescribed authorized strength of Regular Army in members on active duty, exclusive of officers candidates, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 1811(d)(2)(A), redesignated subsec. (b) of section 2304 of this title as subsec. (a) of this section and inserted heading.

Subsec. (a)(1). Pub. L. 116–283, § 1811(d)(2)(A)–(C), inserted heading, substituted “covered by chapter 137 legacy provisions” for “covered by this chapter” in introductory provisions, and realigned margins of subpars. (A) to (F).

Subsec. (a)(2). Pub. L. 116–283, § 1811(d)(2)(F), redesignated par. (4) as (2), inserted heading, and realigned margin. Former pars. (2) and (3) redesignated subsecs. (b) and (c), respectively.

Subsec. (b). Pub. L. 116–283, § 1811(d)(2)(D), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “chapter 137 legacy provisions” for “this section”.

Subsec. (c). Pub. L. 117–81 substituted “subsections (a)(1) and (b)” for “paragraphs (1) and (2)”.

Pub. L. 116–283, § 1811(d)(2)(E), redesignated subsec. (a)(3) as (c), inserted heading, and substituted “section 3204(e)(1) of this title” for “subsection (f)(1)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.

Effective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Credits

2021 · 2 acts

2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(d)(1), (2), Jan. 1, 2021, 134 Stat. 4166
2021Pub. L. 117–81, div. A, title XVII, § 1701(d)(3), Dec. 27, 2021, 135 Stat. 2136.

Show as published

(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.)