10 USC § 3901 - Contracts: prohibition on competition between Department of Defense and small businesses

---
identifier: "/us/usc/t10/s3901"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3901 - Contracts: prohibition on competition between Department of Defense and small businesses"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3901"
section_name: "Contracts: prohibition on competition between Department of Defense and small businesses"
chapter_number: 287
chapter_name: "OTHER CONTRACTING PROGRAMS"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a; renumbered § 2304e, Pub. L. 104–106, div. D, title XLIII, § 4321(b)(6)(A), Feb. 10, 1996, 110 Stat. 672; amended Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vi), Aug. 13, 2018, 132 Stat. 1847; Pub. L. 116–92, div. A, title XVII, § 1731(a)(39)(A), Dec. 20, 2019, 133 Stat. 1814; renumbered § 3901, Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242; Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154.)"
---


# § 3901. Contracts: prohibition on competition between Department of Defense and small businesses

**(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 small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644).

---

**Source Credit**: (Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a; renumbered § 2304e, Pub. L. 104–106, div. D, title XLIII, § 4321(b)(6)(A), Feb. 10, 1996, 110 Stat. 672; amended Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vi), Aug. 13, 2018, 132 Stat. 1847; Pub. L. 116–92, div. A, title XVII, § 1731(a)(39)(A), Dec. 20, 2019, 133 Stat. 1814; renumbered § 3901, Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242; Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154.)

## Editorial Notes

### Amendments

2021—, as amended by , renumbered  as this section.

2018—Subsec. (b).  substituted “other than” for “other than—”, struck out par. (1) designation before “small business”, and struck out par. (2) which read as follows: “entities described in subsection (a)(1) of  in furtherance of the goal specified in that subsection.”

1996— renumbered  as this section.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by  applicable as if included in the enactment of title XVIII of  as enacted, see , set out in a note preceding  and note below.

Amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

### Effective Date

> “
> 
> , United States Code [now
> 
> ], as added by subsection (a), shall take effect on the date of the enactment of this Act [
> 
> ].”

, , , provided that: