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(c) EXCEPTIONS.— 
(1) IN GENERAL.—This division does not apply— 
(A) to the Department of Defense, the Coast Guard, and the 
National Aeronautics and Space Administration; or 
(B) except as provided in paragraph (2), when this division is 
made inapplicable pursuant to law. 
(2) APPLICABILITY OF CERTAIN LAWS RELATED TO ADVERTISING, 
OPENING OF BIDS, AND LENGTH OF CONTRACT.—Sections 6101, 6103, 
and 6304 of this title do not apply to the procurement of property or 
services made by an executive agency pursuant to this division. How-
ever, when this division is made inapplicable by any law, sections 6101 
and 6103 of this title apply in the absence of authority conferred by 
statute to procure without advertising or without regard to section 
6101 of this title. A law that authorizes an executive agency (other 
than an executive agency exempted from this division by this sub-
section) to procure property or services without advertising or without 
regard to section 6101 of this title is deemed to authorize the procure-
ment pursuant to the provisions of this division relating to procedures 
other than sealed-bid procedures. 
§ 3102. Delegation and assignment of powers, functions, and 
responsibilities 
(a) IN GENERAL.—Except to the extent expressly prohibited by another 
law, the head of an executive agency may delegate to another officer or offi-
cial of that agency any power under this division. 
(b) PROCUREMENTS FOR OR WITH ANOTHER AGENCY.—Subject to sub-
section (a), to facilitate the procurement of property and services covered 
by this division by an executive agency for another executive agency, and 
to facilitate joint procurement by executive agencies— 
(1) the head of an executive agency may delegate functions and as-
sign responsibilities relating to procurement to any officer or employee 
within the agency; 
(2) the heads of 2 or more executive agencies, consistent with section 
1535 of title 31 and regulations prescribed under section 1074 of the 
Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 
31 U.S.C. 1535 note), may by agreement delegate procurement func-
tions and assign procurement responsibilities from one executive agency 
to another of those executive agencies or to an officer or civilian em-
ployee of another of those executive agencies; and 
(3) the heads of 2 or more executive agencies may establish joint or 
combined offices to exercise procurement functions and responsibilities. 
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§ 3103. Acquisition programs 
(a) CONGRESSIONAL POLICY.—It is the policy of Congress that the head 
of each executive agency should achieve, on average, 90 percent of the cost, 
performance, and schedule goals established for major acquisition programs 
of the agency. 
(b) ESTABLISHMENT OF GOALS.— 
(1) BY HEAD OF EXECUTIVE AGENCY.—The head of each executive 
agency shall approve or define the cost, performance, and schedule 
goals for major acquisition programs of the agency. 
(2) BY CHIEF FINANCIAL OFFICER.—The chief financial officer of an 
executive agency shall evaluate the cost goals proposed for each major 
acquisition program of the agency. 
(c) IDENTIFICATION OF NONCOMPLIANT PROGRAMS.—When it is nec-
essary to implement the policy set out in subsection (a), the head of an ex-
ecutive agency shall— 
(1) determine whether there is a continuing need for programs that 
are significantly behind schedule, over budget, or not in compliance 
with performance or capability requirements; and 
(2) identify suitable actions to be taken, including termination, with 
respect to those programs. 
§ 3104. Small business concerns 
It is the policy of Congress that a fair proportion of the total purchases 
and contracts for property and services for the Federal Government shall 
be placed with small business concerns. 
§ 3105. New contracts and grants and merit-based selection 
procedures 
(a) CONGRESSIONAL POLICY.—It is the policy of Congress that— 
(1) an executive agency should not be required by legislation to 
award— 
(A) a new contract to a specific non-Federal Government entity; 
or 
(B) a new grant for research, development, test, or evaluation 
to a non-Federal Government entity; and 
(2) a program, project, or technology identified in legislation be pro-
cured or awarded through merit-based selection procedures. 
(b) NEW CONTRACT AND NEW GRANT DESCRIBED.—For purposes of 
this section— 
(1) a contract is a new contract unless the work provided for in the 
contract is a continuation of the work performed by the specified entity 
under a prior contract; and 
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(2) a grant is a new grant unless the work provided for in the grant 
is a continuation of the work performed by the specified entity under 
a prior grant. 
(c) REQUIREMENTS FOR AWARDING NEW CONTRACT OR NEW GRANT.— 
A provision of law may not be construed as requiring a new contract or a 
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 division 
This division 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.
Requirements for purchase of property and services pursuant to multiple award con-
tracts. 
3303.
Exclusion of particular source or restriction of solicitation to small business concerns. 
3304.
Use of noncompetitive procedures. 
3305.
Simplified procedures for small purchases. 
3306.
Planning and solicitation requirements. 
3307.
Preference for commercial items. 
3308.
Planning for future competition in contracts for major systems. 
3309.
Design-build selection procedures. 
3310.
Quantities to order. 
3311.
Qualification requirement. 
§ 3301. Full and open competition 
(a) IN GENERAL.—Except as provided in sections 3303, 3304(a), and 
3305 of this title and except in the case of procurement procedures other-
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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 division 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. 
(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. Requirements for purchase of property and services 
pursuant to multiple award contracts 
(a) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.— The term ‘‘executive agency’’ has the 
same meaning given in section 133 of this title. 
(2) INDIVIDUAL PURCHASE.—The term ‘‘individual purchase’’ means 
a task order, delivery order, or other purchase. 
(3) MULTIPLE AWARD CONTRACT.—The term ‘‘multiple award con-
tract’’ means— 
(A) a contract that is entered into by the Administrator of Gen-
eral Services under the multiple award schedule program referred 
to in section 2302(2)(C) of title 10; 
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