33 U.S.C. § 1368 — Federal procurement

submitted 78 years ago by Pub. L. 92-500 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 298 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bars Federal contracts at facilities connected to certain convictions until the violation is corrected. It allows exemptions and requires agency notification and annual reporting.

(a) A Federal agency may not contract with a person convicted under section 1319(c) to obtain goods, materials, or services if the contract will be performed at the facility where the violation occurred and the person owns, leases, or supervises that facility. The ban continues until the Administrator certifies that the condition causing the conviction has been corrected. (b) The Administrator must create procedures to notify all Federal agencies for (a). (c) Omitted. (d) The President may exempt a contract, loan, or grant from all or part of this section when necessary in the paramount interest of the United States, and must notify Congress. (e) Each year the President must report to Congress on measures taken to fulfill this section’s purpose, including progress and problems. (f)(1) For a contract to acquire commercial products or services, neither a contractor certification nor a contract clause may be required to implement a prohibition or requirement of this section or its implementation. (2) “Commercial product” and “commercial service” have the meanings given in sections 103 and 103a of title 41. This section does not define those quoted terms itself.

the actual law source: uscode.house.gov ↗public domain

(a) Contracts with violators prohibited

No Federal agency may enter into any contract with any person, who has been convicted of any offense under section 1319(c) of this title, for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.

(b) Notification of agencies

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.

(d) Exemptions

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

(e) Annual report to Congress

The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.

(f) Contractor certification or contract clause in acquisition of commercial products or commercial services

(1)

No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial products or commercial services in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.

(2)

In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in sections 103 and 103a, respectively, of title 41.

Source credit: (June 30, 1948, ch. 758, title V, § 508, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 103–355, title VIII, § 8301(a), Oct. 13, 1994, 108 Stat. 3396; Pub. L. 115–232, div. A, title VIII, § 836(g)(5), Aug. 13, 2018, 132 Stat. 1873.)

history & why it existsrecord from the source credit

1948Enacted · Pub. L. 92-500 · 86 Stat. 891
1994Amended · Pub. L. 103-355 · 108 Stat. 3396
2018Amended · Pub. L. 115-232 · 132 Stat. 1873

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-500 on 1948-06-30.

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