§ 4654. Prohibition against doing business with certain offerors or contractors

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Department of Defense Authorization Act, 1982

   Pub. L. 97–86 title IX § 914(a) · 95 Stat. 1099

   Enacted · 10 U.S.C. § 4654

   Added Pub. L. 97–86, title IX, § 914(a), Dec. 1, 1981, 95 Stat. 1124, § 2393

   Source evidence

   Code source credit
   Added Pub. L. 97–86, title IX, § 914(a), Dec. 1, 1981, 95 Stat. 1124, § 2393

   Enacted provision · exact public law section
   (a) Chapter 141 of title 10, United States Code, is amended by adding after section 2392 (as added by section 913) the following new section: “§ 2393. Prohibition against doing business with certain offerors or contractors “(a) (1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary’s knowledge has been debarred or suspended by another Federal agency unless— “(A) in the case of a debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and “(B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. “(2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. “(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice in a file available for public inspection. “(c) In this section: Definitions. “(1) ‘Debar’ means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. “(2) ‘Suspend’ means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.”.

2. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title XII § 1231(17) · 101 Stat. 1019

   Inserted · 10 U.S.C. § 4654(c)

   Pub. L. 100–180 inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–180 inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase.

   Enacted provision · exact public law section
   (17) Sections 801, 1447, 2005(e), 2101, 2147(d), 2393(c), 2687(e), and 9511 are amended— (A) by inserting “The term” in each paragraph (other than paragraph (2) of section 801) after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than paragraph (2) of section 801, paragraph (1) of section 1447, and paragraphs (7) and (11) of section 9511) so that the initial letter of such word is lower case.

3. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title VIII § 813 · 104 Stat. 1485

   Added · 10 U.S.C. § 4654(d)

   Pub. L. 101–510 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–510 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 813. DISCLOSURE REQUIREMENT RELATING TO SUBCONTRACTORS Section 2393 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) The Secretary of Defense shall prescribe in regulations a requirement that each contractor under contract with the Department of Defense shall require each contractor to whom it awards a contract (in this section referred to as a subcontractor) to disclose to the contractor whether the subcontractor is or is not, as of the time of the award of the subcontract, debarred or suspended by the Federal government from Government contracting or subcontracting. The requirement shall apply to any subcontractor whose subcontract is in an amount above the small purchase amount established in section 2304(g) of this title.”.

4. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title X § 1061(a)(11) · 105 Stat. 1290

   Substituted · 10 U.S.C. § 4654(d)

   Pub. L. 102–190 substituted “Federal Government” for “Federal government”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–190 substituted “Federal Government” for “Federal government”.

   Enacted provision · exact public law section
   (11) Sections 2244(a) and 2393(d) are amended by striking out “Federal government” each place it appears and inserting in lieu thereof “Federal Government”.

5. 1994

   Pub. L. 103–355 title IV § 4102(e) · 108 Stat. 3243

   1. Substituted · 10 U.S.C. § 4654(d)

      Pub. L. 103–355 substituted “greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).” for “above the small purchase amount established in section 2304(g) of this title.” in second sentence

   2. Inserted · 10 U.S.C. § 4654(d)

      Pub. L. 103–355 inserted at end “The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–355 substituted “greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).” for “above the small purchase amount established in section 2304(g) of this title.” in second sentence and inserted at end “The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”

   Enacted provision · exact public law section
   (e) Inapplicability of Prohibition Against Doing Business with Certain Offerors or Contractors.— Section 2393(d) of title 10, United States Code, is amended in the second sentence by striking out “above” and all that follows and inserting in lieu thereof “greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).”.

6. 2011

   Pub. L. 111–350 § 5(b)(24) · 124 Stat. 3677

   1. Substituted · 10 U.S.C. § 4654(d)

      Pub. L. 111–350 substituted “section 134 of title 41)” for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))”

   2. Substituted · 10 U.S.C. § 4654(d)

      Pub. L. 111–350 substituted “section 103 of title 41)” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–350 substituted “section 134 of title 41)” for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and “section 103 of title 41)” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”.

   Enacted provision · exact public law section
   (24) In section 2393(d)— (A) strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”.

7. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title VIII § 813 · 127 Stat. 672

   Substituted · 10 U.S.C. § 4654(b)

   Pub. L. 113–66 substituted “on a publicly accessible website to the maximum extent practicable” for “in a file available for public inspection”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–66 substituted “on a publicly accessible website to the maximum extent practicable” for “in a file available for public inspection”.

   Enacted provision · exact public law section
   SEC. 813. AMENDMENT RELATING TO COMPELLING REASONS FOR WAIVING SUSPENSION OR DEBARMENT.   Section 2393(b) of title 10, United States Code, is amended in the second sentence by striking “in a file available for public inspection” and inserting “on a publicly accessible website to the maximum extent practicable”.

8. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 836(e)(3) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 4654(d)

   Pub. L. 115–232 substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “commercial items (as defined in section 103 of title 41)”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “commercial items (as defined in section 103 of title 41)”.

   Enacted provision · exact public law section
   (3) Section 2393(d) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XVIII § 1862(b) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4654

   Pub. L. 116–283 renumbered section 2393 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2393 of this title as this section.

   Enacted provision · exact public law section
   (b) Transfer and Redesignation of Title 10 Sections.— The sections of title 10, United States Code, specified in the left-hand column of the following table are transferred to chapter 363 of such title, as amended by subsection (a), inserted (in the order shown in the following table) after the table of sections at the beginning of such chapter, and redesignated in accordance with the section numbers in the right-hand column, as follows: SectionRedesignated Section 22074651 22494652 23924653 23934654 24024655 24084656 23394657 2410f4658 2410i4659 23354660

   Effective date note
   Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

11 of 11 references resolved to an enrolled provision