Federal · Title 10 — Armed Forces

10 U.S.C. § 3901: Contracts: prohibition on competition between Department of Defense and small businesses

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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. 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 or 644).

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