HR 1107 RFS 
(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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HR 1107 RFS 
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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HR 1107 RFS 
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; 
(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 3304(e)(1) of this title. 
§ 3304. 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 
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HR 1107 RFS 
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 
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— 
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