Page:United States Statutes at Large Volume 124.djvu/3774

 124 STAT. 3748 PUBLIC LAW 111–350—JAN. 4, 2011 (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 emer- gency supplies. (2) DETERMINATION FOR CLASS DISALLOWED.—A determina- tion 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 REQUIRE- MENTS.—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. § 3304. Use of noncompetitive procedures (a) WHEN NONCOMPETITIVE PROCEDURES MAY BE USED.—An executive agency may use procedures other than competitive proce- dures only when— (1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the execu- tive agency; (2) the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals; (3) it is necessary to award the contract to a particular source— (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization; (B) to establish or maintain 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; (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable