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Sec.

2381.

CHAPTER 141-MISCELLANEOUS PROCUREMENT
PROVISIONS

Contracts: regulations for bids.

[2382. Repealed.]

2383.

2384.

2384a.

2385.

2386.

2387.

2388.

[2389. 2390. 2391.

2392.

2393.

2394.

2394a.

2395.

2396.

2397. 2397a. 2397b.

Procurement of critical aircraft and ship spare parts: quality control.
Supplies: identification of supplier and sources.

Supplies: economic order quantities.

Arms and ammunition: immunity from taxation.
Copyrights, patents, designs, etc.; acquisition.

Procurement of table and kitchen equipment for officers' quarters: limita

tion on.

Liquid fuels and natural gas: contracts for storage, handling, or distribution.

Repealed.]

Prohibition on the sale of certain defense articles from the stocks of the
Department of Defense.

Military base reuse studies and community planning assistance.
Prohibition on use of funds to relieve economic dislocations.

Prohibition against doing business with certain offerors or contractors.
Contracts for energy or fuel for military installations.

Procurement of energy systems using renewable forms of energy.

Availability of appropriations for procurement of technical military equipment and supplies.

Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, and pay and supplies of armed forces of friendly foreign countries.

Employees or former employees of defense contractors: reports.

Requirements relating to private employment contacts between certain
Department of Defense procurement officials and defense contractors.
Certain former Department of Defense procurement officials: limitations
on employment by contractors.

Defense contractors: requirements concerning former Department of De-
fense officials.

Procurement of gasohol as motor vehicle fuel.

Operational test and evaluation of defense acquisition programs.

Low-rate initial production of new systems.

Requirement for authorization by law of certain contracts relating to vessels and aircraft.

Lease of vessels, aircraft, and vehicles.

[blocks in formation]

Prohibition of contractors limiting subcontractor sales directly to the United States.

Major weapon systems: contractor guarantees.

Acquisition of petroleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority.

Limitation on adjustment of shipbuilding contracts.

Transferred.]

Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors.

Contractor employees: protection from reprisal for disclosure of certain information.

Repealed.]

Requests for equitable adjustment or other relief: certification.
Appropriated funds: availability for certain contracts for 12 months.

2410b. Contractor inventory accounting systems: standards.
Preference for energy efficient electric equipment.

2410c. 2410d.

Subcontracting plans: credit for certain purchases.

[2410e. Repealed.]

2410f.

2410g. 2410h.

2410i.

2410j.

2410k.

24101.

Debarment of persons convicted of fraudulent use of “Made in America” la-
bels.

Advance notification of contract performance outside the United States.
Acquisition fellowship program.

Prohibition on contracting with entities that comply with the secondary
Arab boycott of Israel.

Displaced contractor employees: assistance to obtain certification and em-
ployment as teachers or employment as teachers' aides.

Defense contractors: listing of suitable employment openings with local employment service office.

Contracts for advisory and assistance services: cost comparison studies.

$2381. Contracts: regulations for bids

(a) The Secretary of Defense may

(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and

(2) require that a bid be accompanied by a written guaranty, signed by one or more responsible persons, undertaking that the bidder, if his bid is accepted, will, within the time prescribed by the Secretary or other officer authorized to make the contract, make a contract and furnish a bond with good and sufficient sureties for the performance of the contract.

(b) If a bidder, after being notified of the acceptance of his bid, fails within the time prescribed under subsection (a)(2) to enter into a contract and furnish the prescribed bond, the Secretary concerned or other authorized officer shall

(1) contract with another person; and

(2) charge against the defaulting bidder and his guarantors the difference between the amount specified by the bidder in his bid and the amount for which a contract is made with the other person, this difference being immediately recoverable by the United States for the use of the military department concerned in an action against the bidder and his guarantors, jointly or severally.

(c) Proceedings under this section are subject to regulations under section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486), unless exempted therefrom under section 201(a) of that Act (40 U.S.C. 481(a)).

(Aug. 10, 1956, ch. 1041, 70A Stat. 136; Oct. 19, 1984, P.L. 98–525, §1405(35), 98 Stat. 2624; Oct. 13, 1994, P.L. 103–355, § 1507, 108 Stat. 3298.)

[§ 2382. Repealed. P.L. 103–355, § 2102(a), Oct. 13, 1994, 108 Stat. 3309]

§ 2383. Procurement of critical aircraft and ship spare parts: quality control

(a) In procuring any spare or repair part that is critical to the operation of an aircraft or ship, the Secretary of Defense shall require the contractor supplying such part to provide a part that meets all appropriate qualification and contractural quality requirements as may be specified and made available to prospective offerors. In establishing the appropriate qualification requirements, the Secretary of Defense shall use the Department of Defense qualification requirements that were used to qualify the original production part unless the Secretary determines in writing

(1) that there are other requirements sufficiently similar to those requirements that should be used instead; or

(2) that any or all such requirements are unnecessary.

(b) In this section, the term "spare or repair part" means any individual piece, part, subassembly, or component which is furnished for the logistic support or repair of an end item and not as an end item itself.

(Added P.L. 100-456, 805, Sept. 29, 1988, 102 Stat. 2010, and amended P.L. 102-190, § 1061(a)(13), Dec. 5, 1991, 105 Stat. 1473; P.L. 103–355, § 2401, Oct. 13, 1994, 108 Stat. 3324.) § 2384. Supplies: identification of supplier and sources

(a) The Secretary of Defense shall require that the contractor under a contract with the Department of Defense for the furnishing of supplies to the United States shall mark or otherwise identify supplies furnished under the contract with the identity of the contractor, the national stock number for the supplies furnished (if there is such a number), and the contractor's identification number for the supplies.

(b)(1) The Secretary of Defense shall prescribe regulations requiring that, whenever practicable, each contract requiring the delivery of supplies (other than a contract described in paragraph (2)) shall require that the contractor identify

(A) the actual manufacturer or producer of the item or of all sources of supply of the contractor for that item;

(B) the national stock number of the item (if there is such a number) and the identification number of the actual manufacturer or producer of the item or of each source of supply of the contractor for the item; and

(C) the source of any technical data delivered under the contract.

(2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are commercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).

(3) The regulations prescribed pursuant to paragraph (1) do not apply to a contract for an amount not 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)). 1

(c) Identification of supplies and technical data under this section shall be made in the manner and with respect to the supplies prescribed by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 137; Oct. 19, 1984, P.L. 98-525, §1231(a), 98 Stat. 2599; amended identically P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 928(a)1, 101(c) ($928(a)], 928(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-156, 3341-156, 3936; Oct. 13, 1994, P.L. 103355, §§ 4102(d), 8105(b), 108 Stat. 3340, 3392.)

§ 2384a. Supplies: economic order quantities

(a)(1) An agency referred to in section 2303(a) of this title shall procure supplies in such quantity as (A) will result in the total cost and unit cost most advantageous to the United States, where practicable, and (B) does not exceed the quantity reasonably expected to be required by the agency.

1 So in law. There should be a closing parenthesis in section 2384(b)(3) after “403(11))”.

(2) The Secretary of Defense shall take paragraph (1) into account in approving rates of obligation of appropriations under section 2204 of this title.

(b) Each solicitation for a contract for supplies shall, if practicable, include a provision inviting each offeror responding to the solicitation to state an opinion on whether the quantity of the supplies proposed to be procured is economically advantageous to the United States and, if applicable, to recommend a quantity or quantities which would be more economically advantageous to the United States. Each such recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity.

(Added P.L. 98-525, § 1233(a), Oct. 19, 1984, 98 Stat. 2600.)

§ 2385. Arms and ammunition: immunity from taxation

No tax on the sale or transfer of firearms, pistols, revolvers, shells, or cartridges may be imposed on such articles when bought with funds appropriated for a military department.

(Aug. 10, 1956, ch. 1041, 70A Stat. 137.)

§ 2386. Copyrights, patents, designs, etc.; acquisition

Funds appropriated for a military department available for making or procuring supplies may be used to acquire any of the following if the acquisition relates to supplies or processes produced or used by or for, or useful to, that department:

(1) Copyrights, patents, and applications for patents.

(2) Licenses under copyrights, patents, and applications for patents.

(3) Technical data and computer software.

(4) Releases for past infringement of patents or copyrights or for unauthorized use of technical data or computer software. (Aug. 10, 1956, ch. 1041, 70A Stat. 137; Sept. 8, 1960, P.L. 86-726, §3, 74 Stat. 855; Oct. 13, 1994, P.L. 103-355, § 3063, 108 Stat. 3337.)

$2387. Procurement of table and kitchen equipment for officers' quarters: limitation on

(a) Except under regulations approved by the Secretary of Defense and providing for uniform practices among the armed forces under his jurisdiction, no part of any appropriation of the Department of Defense may be used to supply or replace table linen, dishes, glassware, silver, and kitchen utensils for use in the residences on shore, or quarters on shore, of officers of those armed forces.

(b) This section does not apply to

(1) field messes;

(2) messes temporarily set up on shore for bachelor officers and officers attached to seagoing or district defense vessels; (3) aviation units based on seagoing vessels;

(4) fleet air bases;

(5) submarine bases; and

(6) landing forces and expeditions.

(Added P.L. 85–861, § 1(45), Sept. 2, 1958, 72 Stat. 1458.)

§ 2388. Liquid fuels and natural gas: contracts for storage, handling, or distribution

(a) AUTHORITY TO CONTRACT.-The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas.

(b) PERIOD OF CONTRACT.-The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 20 years.

(c) OPTION TO PURCHASE FACILITY.-A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of section 3324 of title 31, and before approval of title to the underlying land by the Attorney General.

(Added P.L. 85-861, § 1(46), Sept. 2, 1958, 72 Stat. 1458, and amended P.L. 97-214, § 10(a)(3), July 12, 1982, 96 Stat. 175; P.L. 97-258, §3(b)(6), Sept. 13, 1982, 96 Stat. 1063; P.L. 97-295, 81(27), Oct. 12, 1982, 96 Stat. 1291; P.L. 98-525, § 1405(56)A), Oct. 19, 1984, 98 Stat. 2626; P.L. 101-510, § 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; P.L. 103–160, § 825, Nov. 30, 1993, 107 Stat. 1712; P.L. 103–355, § 3064, Oct. 13, 1994, 108 Stat. 3337.)

[§ 2389. Repealed. P.L. 103-160, §821(a)(4), Nov. 30, 1993, 107 Stat. 1704]

§ 2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense

(a)(1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited.

(2) In this section, the term "decrement stock" means such stock as is needed to bring the armed forces from a peacetime level of readiness to a combat level of readiness.

(b) The President may authorize the sale outside the Department of Defense of a defense article described in subsection (a) if

(1) he determines that there is an international crisis affecting the national security of the United States and the sale of such article is in the best interests of the United States; and (2) he reports to the Congress not later than 60 days after the transfer of such article a plan for the prompt replenishment of the stocks of such article and the planned budget request to begin implementation of that plan.

(c)(1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks.

(2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization.

(Added as § 975 P.L. 95-485, §815(a), Oct. 20, 1978, 92 Stat. 1625, and amended P.L. 100-26 $7(k)(3), April 21, 1987, 101 Stat. 284; transferred and redesignated § 2390 P.L. 101-189, § 1622(b)(1), Nov. 29, 1989, 103 Stat. 1604.)

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