(B) a multiple award task order contract that is entered into 
under the authority of sections 2304a to 2304d of title 10, or 
chapter 41 of this title; and 
(C) any other indefinite delivery, indefinite quantity contract 
that is entered into by the head of an executive agency with 2 or 
more sources pursuant to the same solicitation. 
(4) SOLE
SOURCE
TASK
OR
DELIVERY
ORDER.—The term ‘‘sole 
source task or delivery order’’ means any order that does not follow 
the competitive procedures in paragraph (2) or (3) of subsection (c). 
(b) REGULATIONS REQUIRED.—The Federal Acquisition Regulation shall 
require enhanced competition in the purchase of property and services by 
all executive agencies pursuant to multiple award contracts. 
(c) CONTENT OF REGULATIONS.— 
(1) IN GENERAL.—The regulations required by subsection (b) shall 
provide that each individual purchase of property or services in excess 
of the simplified acquisition threshold that is made under a multiple 
award contract shall be made on a competitive basis unless a con-
tracting officer— 
(A) waives the requirement on the basis of a determination 
that— 
(i) one of the circumstances described in paragraphs (1) to 
(4) of section 4106(c) of this title or section 2304c(b) of title 
10 applies to the individual purchase; or 
(ii) a law expressly authorizes or requires that the purchase 
be made from a specified source; and 
(B) justifies the determination in writing. 
(2) COMPETITIVE BASIS PROCEDURES.—For purposes of this sub-
section, an individual purchase of property or services is made on a 
competitive basis only if it is made pursuant to procedures that— 
(A) require fair notice of the intent to make that purchase (in-
cluding a description of the work to be performed and the basis 
on which the selection will be made) to be provided to all contrac-
tors offering the property or services under the multiple award 
contract; and 
(B) afford all contractors responding to the notice a fair oppor-
tunity to make an offer and have that offer fairly considered by 
the official making the purchase. 
(3) EXCEPTION TO NOTICE REQUIREMENT.— 
(A) IN GENERAL.—Notwithstanding paragraph (2), and subject 
to subparagraph (B), notice may be provided to fewer than all 
contractors offering the property or services under a multiple 
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award contract as described in subsection (a)(3)(A) if notice is 
provided to as many contractors as practicable. 
(B) LIMITATION ON EXCEPTION.—A purchase may not be made 
pursuant to a notice that is provided to fewer than all contractors 
under subparagraph (A) unless— 
(i) offers were received from at least 3 qualified contrac-
tors; or 
(ii) a contracting officer of the executive agency determines 
in writing that no additional qualified contractors were able 
to be identified despite reasonable efforts to do so. 
(d) PUBLIC NOTICE REQUIREMENTS RELATED TO SOLE SOURCE TASK 
OR DELIVERY ORDERS.— 
(1) PUBLIC NOTICE REQUIRED.—The Federal Acquisition Regulation 
shall require the head of each executive agency to— 
(A) publish on FedBizOpps notice of all sole source task or de-
livery orders in excess of the simplified acquisition threshold that 
are placed against multiple award contracts not later than 14 days 
after the orders are placed, except in the event of extraordinary 
circumstances or classified orders; and 
(B) disclose the determination required by subsection (c)(1) re-
lated to sole source task or delivery orders in excess of the sim-
plified acquisition threshold placed against multiple award con-
tracts through the same mechanism and to the same extent as the 
disclosure of documents containing a justification and approval re-
quired by section 2304(f)(1) of title 10 and section 3304(e)(1) of 
this title, except in the event of extraordinary circumstances or 
classified orders. 
(2) EXEMPTION.—This subsection does not require the public avail-
ability of information that is exempt from public disclosure under sec-
tion 552(b) of title 5. 
(e) APPLICABILITY.—The regulations required by subsection (b) shall 
apply to all individual purchases of property or services that are made under 
multiple award contracts on or after the effective date of the regulations, 
without regard to whether the multiple award contracts were entered into 
before, on, or after the effective date. 
§ 3303. Exclusion of particular source or restriction of solici-
tation to small business concerns 
(a) EXCLUSION OF PARTICULAR SOURCE.— 
(1) CRITERIA FOR EXCLUSION.—An executive agency may provide 
for the procurement of property or services covered by section 3301 of 
this title using competitive procedures but excluding a particular source 
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