U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division C— Procurement › Chapter CHAPTER 33— PLANNING AND SOLICITATION

41 U.S.C. § 3303

Exclusion of particular source or restriction of solicitation to small business concerns

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(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 to establish or maintain an alternative source of supply for that property or service if the agency head determines that to do so would—(A) increase or maintain competition and likely result in reduced overall cost for the procurement, or for an anticipated procurement, 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 furnishing 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 capability to be provided by an educational or other nonprofit institution 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 determined 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 supplies.(2)Determination for class disallowed.—A determination under paragraph (1) may not be made for a class of purchases or contracts.(b)Exclusion of Other Than Small Business Concerns.—An executive agency may provide for the procurement of property or services covered by section 3301 of this title using competitive procedures, but excluding 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 Requirements.—A contract awarded pursuant to the competitive procedures referred to in subsections (a) and (b) is not subject to the justification and approval required by section 3304(e)(1) of this title.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3747.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3303

41:253(b).

June 30, 1949, ch. 288, title III, § 303(b), 63 Stat. 395; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 90–268, § 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, title VII, § 2711(a)(1), July 18, 1984, 98 Stat. 1175; Pub. L. 98–577, title V, § 504(a)(1), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1052, Oct. 13, 1994, 108 Stat. 3260.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2012–2025 · leading case: Nat'l Gov't Servs. v. United States, 923 F.3d 977 (Fed. Cir. 2019).
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Nat'l Gov't Servs. v. United States, 923 F.3d 977 (Fed. Cir. 2019). · cites it 4× “" 41 U.S.C. § 3303 (a)(1)(A), (D). As discussed below, however, CMS did not rely on this statutory exception in effectively excluding sources, and that is where the agency erred.”
Mgmt. & Training Corp. v. United States, 115 Fed. Cl. 26 (Fed. Cl. 2014). · cites it 2× “In particular, the phrase “competitive basis” is very similar to the phrase “competitive procedures” that is used in the CICA exception allowing small business set-asides, 41 U.S.C. § 3303 (b). Since § 3303(b) requires agencies conducting set-asides to use “competitive…”
Res-Care, Inc. v. United States, 735 F.3d 1384 (Fed. Cir. 2013). “§ 152 (4) (defining “competitive procedures” to include competition limited to further Small Business Act). A selection process confined to multiple small businesses bidding to operate a JCC thus satisfies the statutory “competitive basis” requirement.”
Adams & Assocs., Inc. v. United States, 741 F.3d 102 (Fed. Cir. 2014). “§ 644 (2006), and the Competition in Contracting Act, 41 U.S.C. § 3303 (2006), through the Federal Acquisition Regulation and the DOL Acquisition Regulations, to the procurement and selection of Job Corps Center operators.”
Res-Care, Inc. v. United States, 107 Fed. Cl. 136 (Fed. Cl. 2012). · cites it 2× “Instead, in initiating the sources sought notice and the subsequent small business set aside, the agency utilized the procedures authorized by 41 U.S.C. § 3303 , “Exclusion of ... solicitation to small business concerns.”
Mgmt. & Training Corp. v. United States, 118 Fed. Cl. 155 (Fed. Cl. 2013). “See 41 U.S.C. § 3303 (b). The plain language of WIA provides no evidence that Congress intended to prohibit set asides in JCC procurements.”
Nat'l Gov't Servs., Inc v. United States (Fed. Cl. 2018). · cites it 2× “NGS’s argument that the ability to submit proposals is “meaningless” for offerors “bumping against the workload limits,” NGS Mot. 14-15, is unavailing. For instance, an offeror that is the incumbent MAC in another jurisdiction will not have its full “Medicare workload value”…”
Kingfisher Sys., Inc. v. United States (Fed. Cl. 2019). “” 41 U.S.C. § 3303 (b); see also 15 U.S.C. § 644 (a) (2012) (discussing small business procurements).”
Mvl USA, Inc. v. United States (Fed. Cl. 2025). “Absent the limited statutory exceptions enumerated by Congress in CICA, see generally 41 U.S.C. §§ 3303 , 3304(a), 3305, “Congress specifically outlined the circumstances under which an agency may avoid CICA’s full and open competition requirement,” NGS, 923 F.”
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