---
title: "Check whether a federal buy or a state buy must be competed"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/check-an-approach-for-discrimination-on-size-ownership-location-or-origi/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A50-CO20261022-15-US"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check whether a federal buy or a state buy must be competed

> From the approach, record the buyer, any limit that turns on a supplier's size or location, and any statement that competition will not be used. Do not decide that the limit is lawful.

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/check-an-approach-for-discrimination-on-size-ownership-location-or-origi/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the approach, record the buyer, any limit that turns on a supplier's size or location, and any statement that competition will not be used. Do not decide that the limit is lawful. |
| What the lawyer must review | The lawyer applies the buyer's competition rule and does not mix the two. FAR 6.101 says 10 U.S.C. 3201 and 41 U.S.C. 3301 require, with the limited exceptions in subparts 6.2 and 6.3, that contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts. Those exception subparts were not opened. A total small-business set-aside under FAR 19.502-2 is a separate rule that was opened, and it is applied on its own text rather than as an exception the FAR 6.101 page does not spell out. For a Texas state agency, Government Code section 2155.063 says that, except as otherwise provided by that subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding. Section 2155.074 then requires best value, with price and meeting specifications as the principal considerations. GAO's FAQ says a GAO bid protest cannot be filed against a state or local procurement. |
| Written for | United States |
| Applies to | [Check an approach for discrimination on size, ownership, location or origin](https://ailawframework.com/practice/government-procurement-and-tendering/check-an-approach-for-discrimination-on-size-ownership-location-or-origi.md) |

## Checking plan

- What the AI does: From the approach, record the buyer, any limit that turns on a supplier's size or location, and any statement that competition will not be used. Do not decide that the limit is lawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The opened FAR page does not say that full and open competition forbids every limit based on size, ownership, location, or origin. Do not add that sentence.
- Texas section 2155.063 is subject to other provisions of the subtitle. Those other provisions were not opened, so an exception is not assumed.

## Sources

- [FAR 6.101, Policy (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/6.101) (checked 2026-10-22)
- [Texas Government Code chapter 2155, Purchasing: general rules and procedures](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm) (checked 2026-10-22)
- [GAO, Bid protest frequently asked questions](https://www.gao.gov/legal/bid-protests/faqs) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*