1996 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART IV - SERVICE, SUPPLY, AND PROCUREMENT
CHAPTER 131 - PLANNING AND COORDINATION
Sec. 2207 - Expenditure of appropriations: limitation
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 2, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 131 - PLANNING AND COORDINATION Sec. 2207 - Expenditure of appropriations: limitation |
Contains | section 2207 |
Date | 1996 |
Laws in Effect as of Date | January 6, 1997 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 87-651, title II, §207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 104-106, div. A, title VIII, §801, Feb. 10, 1996, 110 Stat. 389. |
Statutes at Large References | 68 Stat. 353 76 Stat. 520 110 Stat. 389 |
Public Law References | Public Law 87-651, Public Law 104-106 |
§2207. Expenditure of appropriations: limitation
(a) Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that—
(1) the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or making of determinations concerning the performance, of a contract; and
(2) if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.
The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court.
(b) This section does not apply to a contract that is 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))).
(Added Pub. L. 87–651, title II, §207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 104–106, div. A, title VIII, §801, Feb. 10, 1996, 110 Stat. 389.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2207 | 5:174d. | June 30, 1954, ch. 432, §719, 68 Stat. 353. |
The following substitutions are made: “spent” for “expended”; “United States” for “Government”; “if a contract is terminated under clause (1)” for “that in the event any such contract is so terminated”; and “has . . . that it would have had if” for “shall be entitled . . . to pursue . . . as it could pursue in the event of”. The word “official” is inserted for clarity. The words “entered into after June 30, 1954” are omitted as executed.
Amendments1996—Pub. L. 104–106 designated existing provisions as subsec. (a) and added subsec. (b).
Section Referred to in Other SectionsThis section is referred to in section 2343 of this title.
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