new grant to be awarded to a specified non-Federal Government entity un-
less the provision of law specifically— 
(1) refers to this section; 
(2) identifies the particular non-Federal Government entity involved; 
and 
(3) states that the award to that entity is required by the provision 
of law in contravention of the policy set forth in subsection (a). 
(d) EXCEPTION.—This section does not apply to a contract or grant that 
calls on the National Academy of Sciences to investigate, examine, or experi-
ment on a subject of science or art of significance to an executive agency 
and to report on those matters to Congress or an agency of the Federal 
Government. 
§ 3106. Erection, repair, or furnishing of public buildings 
and improvements not authorized, and certain 
contracts not permitted, by this part 
This part does not— 
(1) authorize the erection, repair, or furnishing of a public building 
or public improvement; or 
(2) permit a contract for the construction or repair of a building, 
road, sidewalk, sewer, main, or similar item using procedures other 
than sealed-bid procedures under section 3301(b)(1)(A) of this title if 
the conditions set forth in section 3301(b)(1)(A) of this title apply or 
the contract is to be performed outside the United States. 
CHAPTER 33—PLANNING AND SOLICITATION 
Sec. 
3301.
Full and open competition. 
3302.
Exclusion of particular source or restriction of solicitation to small business concerns. 
3303.
Use of noncompetitive procedures. 
3304.
Simplified procedures for small purchases. 
3305.
Planning and solicitation requirements. 
3306.
Preference for commercial items. 
3307.
Planning for future competition in contracts for major systems. 
3308.
Design-build selection procedures. 
3309.
Quantities to order. 
3310.
Qualification requirement. 
§ 3301. Full and open competition 
(a) IN GENERAL.—Except as provided in sections 3302, 3303(a), and 
3304 of this title and except in the case of procurement procedures other-
wise expressly authorized by statute, an executive agency in conducting a 
procurement for property or services shall— 
(1) obtain full and open competition through the use of competitive 
procedures in accordance with the requirements of this part and the 
Federal Acquisition Regulation; and 
(2) use the competitive procedure or combination of competitive pro-
cedures that is best suited under the circumstances of the procurement. 
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(b) APPROPRIATE COMPETITIVE PROCEDURES.— 
(1) USE OF SEALED BIDS.—In determining the competitive proce-
dures appropriate under the circumstance, an executive agency shall— 
(A) solicit sealed bids if— 
(i) time permits the solicitation, submission, and evaluation 
of sealed bids; 
(ii) the award will be made on the basis of price and other 
price-related factors; 
(iii) it is not necessary to conduct discussions with the re-
sponding sources about their bids; and 
(iv) there is a reasonable expectation of receiving more 
than one sealed bid; or 
(B) request competitive proposals if sealed bids are not appro-
priate under subparagraph (A). 
(2) SEALED BID NOT REQUIRED.—Paragraph (1)(A) does not re-
quire the use of sealed-bid procedures in cases in which section 204(e) 
of title 23 applies. 
(c) EFFICIENT FULFILLMENT OF GOVERNMENT REQUIREMENTS.—The 
Federal Acquisition Regulation shall ensure that the requirement to obtain 
full and open competition is implemented in a manner that is consistent 
with the need to efficiently fulfill the Federal Government’s requirements. 
§ 3302. 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 
to establish or maintain an alternative source of supply for that prop-
erty or service if the agency head determines that to do so would— 
(A) increase or maintain competition and likely result in re-
duced overall cost for the procurement, or for an anticipated pro-
curement, of the property or services; 
(B) be in the interest of national defense in having a facility 
(or a producer, manufacturer, or other supplier) available for fur-
nishing the property or service in case of a national emergency or 
industrial mobilization; 
(C) be in the interest of national defense in establishing or 
maintaining an essential engineering, research, or development ca-
pability to be provided by an educational or other nonprofit insti-
tution or a Federally funded research and development center; 
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(D) ensure the continuous availability of a reliable source of 
supply of the property or service; 
(E) satisfy projected needs for the property or service deter-
mined on the basis of a history of high demand for the property 
or service; or 
(F) satisfy a critical need for medical, safety, or emergency sup-
plies. 
(2) DETERMINATION
FOR
CLASS
DISALLOWED.—A determination 
under paragraph (1) may not be made for a class of purchases or con-
tracts. 
(b) EXCLUSION OF OTHER THAN SMALL BUSINESS CONCERNS.—An ex-
ecutive agency may provide for the procurement of property or services cov-
ered by section 3301 of this title using competitive procedures, but exclud-
ing other than small business concerns in furtherance of sections 9 and 15 
of the Small Business Act (15 U.S.C. 638, 644). 
(c) NONAPPLICATION
OF JUSTIFICATION
AND APPROVAL REQUIRE-
MENTS.—A contract awarded pursuant to the competitive procedures re-
ferred to in subsections (a) and (b) is not subject to the justification and 
approval required by section 3303(d)(1) of this title. 
§ 3303. Use of noncompetitive procedures 
(a) WHEN NONCOMPETITIVE PROCEDURES MAY BE USED.—An execu-
tive agency may use procedures other than competitive procedures only 
when— 
(1) the property or services needed by the executive agency are avail-
able from only one responsible source and no other type of property 
or services will satisfy the needs of the executive agency; 
(2) the executive agency’s need for the property or services is of such 
an unusual and compelling urgency that the Federal Government would 
be seriously injured unless the executive agency is permitted to limit 
the number of sources from which it solicits bids or proposals; 
(3) it is necessary to award the contract to a particular source— 
(A) to maintain a facility, producer, manufacturer, or other sup-
plier available for furnishing property or services in case of a na-
tional emergency or to achieve industrial mobilization; 
(B) to establish or maintain an essential engineering, research, 
or development capability to be provided by an educational or 
other nonprofit institution or a Federally funded research and de-
velopment center; 
(C) to procure the services of an expert for use, in any litigation 
or dispute (including any reasonably foreseeable litigation or dis-
pute) involving the Federal Government, in any trial, hearing, or 
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proceeding before a court, administrative tribunal, or agency, 
whether or not the expert is expected to testify; or 
(D) to procure the services of an expert or neutral for use in 
any part of an alternative dispute resolution or negotiated rule-
making process, whether or not the expert is expected to testify; 
(4) the terms of an international agreement or treaty between the 
Federal Government and a foreign government or an international or-
ganization, or the written directions of a foreign government reimburs-
ing the executive agency for the cost of the procurement of the prop-
erty or services for that government, have the effect of requiring the 
use of procedures other than competitive procedures; 
(5) subject to section 3105 of this title, a statute expressly author-
izes or requires that the procurement be made through another execu-
tive agency or from a specified source, or the agency’s need is for a 
brand-name commercial item for authorized resale; 
(6) the disclosure of the executive agency’s needs would compromise 
the national security unless the agency is permitted to limit the number 
of sources from which it solicits bids or proposals; or 
(7) the head of the executive agency (who may not delegate the au-
thority under this paragraph)— 
(A) determines that it is necessary in the public interest to use 
procedures other than competitive procedures in the particular 
procurement concerned; and 
(B) notifies Congress in writing of that determination not less 
than 30 days before the award of the contract. 
(b) PROPERTY
OR SERVICES DEEMED AVAILABLE FROM ONLY ONE 
SOURCE.—For the purposes of subsection (a)(1), in the case of— 
(1) a contract for property or services to be awarded on the basis 
of acceptance of an unsolicited research proposal, the property or serv-
ices are deemed to be available from only one source if the source has 
submitted an unsolicited research proposal that demonstrates a unique 
and innovative concept, the substance of which is not otherwise avail-
able to the Federal Government and does not resemble the substance 
of a pending competitive procurement; or 
(2) a follow-on contract for the continued development or production 
of a major system or highly specialized equipment, the property may 
be deemed to be available only from the original source and may be 
procured through procedures other than competitive procedures when 
it is likely that award to a source other than the original source would 
result in— 
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