Pub. L. 111-118, div. A, tit. VIII, sec. 8121

Sec. 8121. (a) Each congressionally directed spending item specified in this Act or the explanatory statement regarding this Act that is also identified in Senate Report 111–74 and intended for award to a for-profit entity shall be subject to acquisition regulations for full and open competition on the same basis as each spending item intended for a for-profit entity that is contained in the budget request of the President.(b) Exceptions.—Subsection (a) shall not apply to any contract awarded—(1) by a means that is required by Federal statute, including for a purchase made under a mandated preferential program;(2) pursuant to the Small Business Act (15 U.S.C. 631 et seq.); or(3) in an amount less than the simplified acquisition threshold described in section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a)).(c) Any congressionally directed spending item specified in this Act or the explanatory statement regarding this Act that is intended for award to a for-profit entity and is not covered by the competition requirement specified in subsection (a), shall be awarded under full and open competition, except that any contract previously awarded under full and open competition that remains in effect during fiscal year 2010 shall be considered to have satisfied the conditions of full and open competition.(d) In this section, the term “congressionally directed spending item” means the following:(1) A congressionally directed spending item, as defined in Rule XLIV of the Standing Rules of the Senate.(2) A congressional earmark for purposes of rule XXI of the House of Representatives.