2015 US Code
Title 33 - Navigation and Navigable Waters (Sections 1 - 4009)
Chapter 26 - Water Pollution Prevention and Control (Sections 1251 - 1388)
Subchapter V - General Provisions (Sections 1361 - 1377)
Sec. 1368 - Federal procurement
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL SUBCHAPTER V - GENERAL PROVISIONS Sec. 1368 - Federal procurement |
Contains | section 1368 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
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. |
Statutes at Large References | 86 Stat. 891 108 Stat. 3396 124 Stat. 3854 |
Public and Private Laws | Public Law 92-500, Public Law 103-355, Public Law 111-350 |
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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 agenciesThe Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.
(c) Omitted(d) ExemptionsThe 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 CongressThe 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 items(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items 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 term "commercial item" has the meaning given such term in section 103 of title 41.
(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.)
CODIFICATIONSubsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency authorized to enter into contracts or to extend Federal assistance by way of grant, loan, or contract, to effectuate the purpose and policy of this chapter, and (2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such requirement.
In subsec. (f)(2), "section 103 of title 41" substituted for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
EFFECTIVE DATE OF 1994 AMENDMENTFor effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 2302 of Title 10, Armed Forces.
ADMINISTRATION OF CHAPTER WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANSFor provisions concerning the administration of this chapter with respect to Federal contracts, grants, or loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under section 7606 of Title 42, The Public Health and Welfare.
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