Former 10 U.S.C. 2304 contained major defense procurement competition rules. Title 10 acquisition provisions were reorganized, and current analysis must use the recodified sections rather than treating every old citation as still operative. Current sections 3201 and 3204 address full and open competition and specified noncompetitive procedures. [1][2]
Competition and exceptions
The governing framework generally requires full and open competition unless an authorized exception applies. A sole-source preference, an incumbent’s familiarity, or ordinary planning convenience is not itself a statutory exception.
Urgency, only-one-responsible-source situations, national security, and other recognized grounds have distinct requirements. A justification and approval may be required, with publication and documentation obligations subject to applicable exceptions.
Reviewing a procurement
Identify the solicitation date, agency, current statutory section, FAR provision, and stated exception. Examine the actual justification and scope instead of relying on a summary that repeats former section 2304.
Protest options can include an agency protest, GAO, or the Court of Federal Claims, but jurisdiction, filing deadlines, and stay rules differ. Act promptly after learning the basis for a challenge. A statutory recodification does not automatically create a new protest right or revive an expired deadline.
Example: an urgency justification
An agency asserting unusual and compelling urgency must connect the asserted need to the statutory exception and applicable procurement requirements. A late internal decision or preference to retain the incumbent does not automatically establish every condition. Review what harm would result from delay, what competition remains practicable, and how the proposed scope and duration respond to the urgency. [2]
A vendor should preserve the solicitation, amendments, award notice, justification, and communications relevant to when it learned the protest ground. Different protest theories can have different timeliness triggers. Waiting until contract performance is well underway can eliminate procedural advantages even where the underlying concern deserves review.
A recodified citation should be traced through official source and classification notes. An older decision applying section 2304 may remain relevant to materially unchanged language, but its facts and legal standard still need comparison. Do not quote an old subsection number as though it necessarily identifies the current statutory text.
An alleged dishonest procurement scheme may raise major federal fraud charges. Any resulting court case also follows district assignment procedures.
Primary sources
- 10 U.S.C. § 3201: Full and open competition
- 10 U.S.C. § 3204: Use of procedures other than competitive procedures
Sources checked: October 31, 2026.