
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2304e]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2304e. Contracts: prohibition on competition between 
        Department of Defense and small businesses and certain other 
        entities
        
    (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--
        (1) small business concerns in furtherance of section 8 or 15 of 
    the Small Business Act (15 U.S.C. 637 or 644); or
        (2) entities described in subsection (a)(1) of section 2323 of 
    this title in furtherance of the goal specified in that subsection.

(Added Pub. L. 103-160, div. A, title VIII, Sec. 848(a)(1), Nov. 30, 
1993, 107 Stat. 1724, Sec. 2304a; renumbered Sec. 2304e, Pub. L. 104-
106, div. D, title XLIII, Sec. 4321(b)(6)(A), Feb. 10, 1996, 110 Stat. 
672.)


                               Amendments

    1996--Pub. L. 104-106 renumbered section 2304a of this title as this 
section.


                             Effective Date

    Section 848(b) of Pub. L. 103-160 provided that: ``Section 2304a 
[now 2304e] of title 10, United States Code, as added by subsection (a), 
shall take effect on the date of the enactment of this Act [Nov. 30, 
1993].''
