[§ 2409a. Repealed. P.L. 103-355, § 6005(b), Oct. 13, 1994, 108 Stat. 3365]

§ 2410. Requests for equitable adjustment or other relief: certification

(a) CERTIFICATION REQUIREMENT.-A request for equitable adjustment to contract terms or request for relief under Public Law 85-804 (50 U.S.C. 1431 et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on behalf of the contractor certifies, at the time the request is submitted, that

(1) the request is made in good faith, and

(2) the supporting data are accurate and complete to the best of that person's knowledge and belief.

(b) RESTRICTION ON LEGISLATIVE PAYMENT OF CLAIMS.-In the case of a contract of an agency named in section 2303(a) of this title, no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85-804 (50 U.S.C. 1431 et seq.) regarding such contract may be implemented unless such provision of law

(1) specifically refers to this subsection; and

(2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law. (c) DEFINITION.-In this section, the term "simplified acquisition threshold" has the meaning given that term in section 4(11) of the Office of Federal Procurement Policy Act.

(Added P.L. 103–355, § 2301(a), Oct. 13, 1994, 108 Stat. 3320.)

§2410a. Appropriated funds: availability for certain contracts for 12 months

Funds appropriated to the Department of Defense for a fiscal year shall be available for payments under contracts for any of the following purposes for 12 months beginning at any time during the fiscal year:

(1) The maintenance of tools, equipment, and facilities. (2) The lease of real or personal property, including the maintenance of such property when contracted for as part of the lease agreement.

(3) Depot maintenance.

(4) The operation of equipment.

(Added P.L. 100–370, § 1(h)(2), July 19, 1988, 102 Stat. 847, and amended P.L. 102–190, § 342, Dec. 5, 1991, 105 Stat. 1343.)

82410b. Contractor inventory accounting systems: standards (a) The Secretary of Defense shall prescribe in regulations— (1) standards for inventory accounting systems used by contractors under contract with the Department of Defense; and

(2) appropriate certification and enforcement requirements with respect to such standards.

(b) The regulations prescribed pursuant to subsection (a) shall not apply to a contract that is for an amount not greater than the simplified acquisition threshold.

(c) The regulations prescribed pursuant to subsection (a) shall not apply to a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).

(Added P.L. 100-456, §834(a), Sept. 29, 1988, 102 Stat. 2024, and amended P.L. 103-355, §§ 4102(h), 8105(i) Oct. 13, 1994, 108 Stat. 3341, 3393.)

§ 2410c. Preference for energy efficient electric equipment 8 (a) When cost effective, in establishing a new requirement for electric equipment referred to in subsection (b) and in procuring electric equipment referred to in that subsection, the Secretary of a military department or the head of a Defense Agency, as the case may be, shall provide a preference for the procurement of the most energy efficient electric equipment available that meets the requirement or the need for the procurement, as the case may be. (b) Subsection (a) applies to the following electric equipment: (1) Electric lamps.

(2) Electric ballasts.

(3) Electric motors.

(4) Electric refrigeration equipment.

(Added P.L. 102-484, § 384(a)(1)(A), Oct. 23, 1992, 106 Stat. 2392.)

§ 2410d. Subcontracting plans: credit for certain purchases

(a) PURCHASES BENEFITING SEVERELY HANDICAPPED PERSONS.-In the case of a business concern that has negotiated a small business subcontracting plan with a military department or a Defense Agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan.

(b) DEFINITIONS.-In this section:

(1) The term "small business subcontracting plan" means a plan negotiated pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) that establishes a goal for the participation of small business concerns as subcontractors under a contract.

(2) The term "qualified nonprofit agency for the blind or other severely handicapped" means

(A) a qualified nonprofit agency for the blind, as defined in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(3));

(B) a qualified nonprofit agency for other severely handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4)); and

(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Se

* Section 384 of the National Defense Authorization Act for Fiscal Year 1993 (P.L. 102-484, 106 Stat. 2393) provides that the Secretary of Defense shall conduct demonstration programs for the use of energy efficient electric lighting and energy efficient refrigeration equipment.

verely Disabled under section 2(c) of such Act (41 U.S.C. 47(c)).

(3) The term "Javits-Wagner-O'Day Act" means the Act entitled "An Act to create a Committee on Purchases of Blindmade Products, and for other purposes", approved June 25, 1938 (41 U.S.C. 46-48c), commonly referred to as the WagnerO'Day Act, that was revised and reenacted in the Act of June 23, 1971 (85 Stat. 77), commonly referred to as the Javits-Wagner-O'Day Act.

(c) TERMINATION.-Subsection (a) shall cease to be effective at the end of September 30, 1997.

(Added P.L. 102-484, 8808(bX1), Oct. 23, 1992, 106 Stat. 2449, and amended P.L. 103-337, § 804, Oct. 5, 1994, 108 Stat. 2815.)

[§ 2410e. Repealed. P.L. 103-355, § 2301(b), Oct. 13, 1994, 108 Stat. 3321]

§ 2410f. Debarment of persons convicted of fraudulent use of "Made in America" labels 9

(a) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a 'Made in America' inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, not later than 90 days after determining that the person has been so convicted, whether the person should be debarred from contracting with the Department of Defense. If the Secretary determines that the person should not be debarred, the Secretary shall submit to Congress a report on such determination not later than 30 days after the determination is made.

(b) For purposes of this section, the term "debar" has the meaning given that term by section 2393(c) of this title.

(Added P.L. 102–484, § 834(a)(1), Oct. 23, 1992, 106 Stat. 2461.)

§ 2410g. Advance notification of contract performance outside the United States

(a) NOTIFICATION.-(1) A firm that is performing a Department of Defense contract for an amount exceeding $10,000,000, or is submitting a bid or proposal for such a contract, shall notify the Department of Defense in advance of any intention of the firm or any first-tier subcontractor of the firm to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada.

(2) If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000

Section 849(b) of the National Defense Authorization Act for Fiscal Year 1994 (P.L. 103–160; 107 Stat. 1725 note) provides:

(b) PROHIBITION OF CONTRACTS.-If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.

in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal.

(3) The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent practicable, at least 30 days before award of the subcontract. (b) RECIPIENT OF NOTIFICATION.-The firm shall transmit the notification

(1) in the case of a contract of a military department, to such officer or employee of that military department as the Secretary of the military department may direct; and

(2) in the case of any other Department of Defense contract, to such officer or employee of the Department of Defense as the Secretary of Defense may direct.

(c) AVAILABILITY OF NOTIFICATIONS.-The Secretary of Defense shall ensure that the notifications (or copies) are maintained in compiled form for a period of 5 years after the date of submission and are available for use in the preparation of the national defense technology and industrial base assessment carried out under section 2505 of this title.

(d) INAPPLICABILITY TO CERTAIN CONTRACTS.-This section shall not apply to contracts for any of the following:

(1) Commercial items.

(2) Military construction.

(3) Ores.

(4) Natural gas.

(5) Utilities.

(6) Petroleum products and crudes.
(7) Timber.

(8) Subsistence.

(Added P.L. 102–484, § 840(a)(1), Oct. 23, 1992, 106 Stat. 2466.)

§ 2410h. Acquisition fellowship program

(a) ESTABLISHMENT.-The Secretary of Defense shall establish and carry out an acquisition fellowship program in accordance with this section in order to enhance the ability of the Department of Defense to recruit employees who are highly qualified in fields of acquisition.

(b) NUMBER OF FELLOWSHIPS.-The Secretary of Defense may designate up to 25 prospective employees of the Department of Defense as acquisition fellows.

(c) ELIGIBILITY.-In order to be eligible for designation as an acquisition fellow, an employee

(1) must complete at least 2 years of Federal Government service as an employee in an acquisition position in the Department of Defense; and

(2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties likely to result in significant restrictions under law on the employment activities of that employee after leaving Government service.

(d) TWO-YEAR PERIOD OF RESEARCH AND TEACHING.-Under the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 2-year period in a field related to Federal Government acquisition

policy. Such research or teaching may be conducted in the defense acquisition university structure of the Department of Defense, any other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow shall be paid at a rate equal to the rate of pay payable for the level of the position in which the fellow served in the Department of Defense before undertaking such research or teaching.

(Added P.L. 102–484, §841(a), Oct. 23, 1992, 106 Stat. 2468.)

§ 2410i. Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel

(a) POLICY.-Under section 3(5)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2402(5)(A)), it is the policy of the United States to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other United States

person.

(b) PROHIBITION.-(1) Consistent with the policy referred to in subsection (a), the Department of Defense may not award a contract for an amount in excess of the small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))) to a foreign entity unless that entity certifies to the Secretary of Defense that it does not comply with the secondary Arab boycott of Israel.

(2) In paragraph (1), the term foreign entity" means a foreign person, a foreign company, or any other foreign entity.

(c) WAIVER AUTHORITY.-The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States. Within 15 days after the end of each fiscal year, the Secretary shall submit to Congress a report identifying each contract for which a waiver was granted under this subsection during that fiscal year.

(d) EXCEPTIONS.-Subsection (b) does not apply

(1) to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or

(2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security.

(Added P.L. 102–484, § 1332(a), Oct. 23, 1992, 106 Stat. 2555.)

§ 2410j. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers' aides

(a) ASSISTANCE PROGRAM.-The Secretary of Defense may enter into a cooperative agreement with a defense contractor in order

(1) to assist an eligible scientist or engineer employed by the contractor whose employment is terminated to obtain