---
kind: "section"
citation: "41 U.S.C. § 3303"
title: "41"
title_heading: "Public Contracts"
number: "3303"
heading: "Exclusion of particular source or restriction of solicitation to small business concerns"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/3303"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division C — Procurement"
  - "Chapter 33 — Planning and Solicitation"
---

# §3303. Exclusion of particular source or restriction of solicitation 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](/usc/41/3301.md) 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)](#a-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](/usc/41/3301.md) 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](/usc/15/638.md), 644).
- (c) **Nonapplication of Justification and Approval Requirements.—** A contract awarded pursuant to the competitive procedures referred to in subsections [(a)](#a) and [(b)](#b) is not subject to the justification and approval required by [section 3304(e)(1) of this title](/usc/41/3304.md?p=e-1).

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3747.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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. |