Pub. L. 103-160, div. A, tit. VIII, subtit. E, sec. 848
PROHIBITION ON COMPETITION BETWEEN DEPARTMENT OF DEFENSE AND SMALL BUSINESSES FOR CERTAIN MAINTENANCE CONTRACTS.
SEC. 848. PROHIBITION ON COMPETITION BETWEEN DEPARTMENT OF DEFENSE AND SMALL BUSINESSES FOR CERTAIN MAINTENANCE CONTRACTS. (a) In General.—(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2304 the following new section: 107 STAT. 1725 “§ 2304a. 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.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2304 the following new item: “2304a. Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities.”. (b) Effective Date.—Section 2304a of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act.