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10 U.S.C. § 4655 — Prohibition of contractors limiting subcontractor sales directly to the United States

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4655 — Prohibition of contractors limiting subcontractor sales directly to the United States

**(a)** Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not— (1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or (2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). **(b)** This section does not prohibit a contractor from asserting rights it otherwise has under law. **(c)** This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)). **(d)** (1) An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial products or commercial services from that subcontractor. (2) In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in sections 103 and 103a, respectively, of

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Stable record: federal_law:legal_authorities:record_usc_0dab43dc689dcb3bf3aadb4f
Source file: Laws/federal/codes/united-states-code/title-10/section-4655-prohibition-of-contractors-limiting-subcontractor-sales-directly-to-the--ab12b6e41b.md
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Source location: Title 10, Chapter 363, § 4655; chapter-363-prohibition-and-penalties.md

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**(a)** Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not— (1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or (2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). **(b)** This section does not prohibit a contractor from asserting rights it otherwise has under law. **(c)** This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)). **(d)** (1) An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial products or commercial services from that subcontractor. (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.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 103 — Commercial product

In this subtitle, the term “commercial product” means any of the following: (1) A product, other than real property, that— (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. (2) A product that— (A) evolved from a product described in paragraph (1) through advances in technology or performance; and (B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation. (3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for— (A) modifications of a type customarily available in the commercial marketplace; or (B) minor modifications made to meet Federal Government requirements. (4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. (5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— (A) the product was developed exclusively at private expense; and (B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2402 — Renumbered § 4655]

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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2402

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 134 — Simplified acquisition threshold

In division B, the term “simplified acquisition threshold” means $250,000.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7655 — Arms and ammunition: agencies and departments of the United States

**(a)** Whenever required for the protection of public money and property, the Secretary of the Army may lend arms and their accouterments, and issue ammunition, to a department or independent agency of the United States, upon request of its head. Property lent or issued under this subsection may be delivered to an officer of the department or agency designated by the head thereof, and that officer shall account for the property to the Secretary of the Army. Property lent or issued under this subsection and not properly expended shall be returned when it is no longer needed. **(b)** The department or agency to which property is lent or issued under subsection (a) shall transfer funds to the credit of the Department of the Army to cover the costs of— (1) ammunition issued; (2) replacing arms and accouterments that have been lost or destroyed, or cannot be repaired; (3) repairing arms and accouterments returned to the Department of the Army; and (4) making and receiving shipments by the Department of the Army.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7655

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8752 — Contracts for research

**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond. **(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8752

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 453b — Litigation management

**(a) Federal cause of action** (1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers. (2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. **(b) Special rules** In an action brought under this section for damages the following provisions apply: (1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. (2) **Noneconomic damages** (A) *In general* — Noneconomic damages may be awarde

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 59 to 66 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 59, act July 26, 1886, ch. 781, § 1, 24 Stat. 151, related to testing of rifled cannon for Navy. Section 60, act July 8, 1918, ch. 137, 40 Stat. 817, authorized transfer of naval ordnance and ordnance material from Navy Department to Department of War. Section 61, acts Mar. 3, 1879, ch. 183, 20 Stat. 412; Apr. 14, 1937, ch. 79, 50 Stat. 63, authorized issuance of arms and ammunition to protect public property, provided for reimbursement. See [section 4655 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim), Armed Forces. Section 62, acts Feb. 10, 1920, ch. 64, 41 Stat. 403; June 5, 1920, ch. 240, 41 Stat. 976; May 26, 1952, ch. 334, 66 Stat. 94, authorized loan of rifles to organizations of honorably discharged soldiers. See [section 4683 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4683&num=0&edition=prelim). Section 62a, act June 30, 1906, ch. 3938, 34 Stat. 817, authorized loan of ordnance to schools and State homes for veterans’ orphans. See sections 4685 and 9685 of Title 10. Section 62b, act Dec. 15, 1926, ch. 10, 44 Stat. 922, authorized Secretary of War to relieve posts or camps or organizations composed of honorably discharged soldiers, sailors, or marines, and sureties on bonds, from liability on account of loss or destruction of rifles, slings, and cartridge belts loaned to such organizations. See [section 4683 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4683&num=0&edition=prelim). Section 62c, acts May 29, 1934, ch. 369, 48 Stat. 815; Aug. 30, 1935, ch. 826, 49 Stat. 1013, authorized Secretary of War to donate Army equipment loaned under authority of [section 62 of this tit

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 59 to 66

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4655 — Prohibition of contractors limiting sub-

Page 2816 TITLE 10—ARMED FORCES § 4655 (B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has ex- pired. (2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. (b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, trans- mit a notice to the Administrator of General Services describing the determination. The Ad- ministrator of General Services shall maintain each such notice on a publicly accessible website to the maximum extent practicable. (c) In this section: (1) The term ‘‘debar’’ means to exclude, pur- suant to established administrative proce- dures, from Government contracting and sub- contracting for a specified period of time com- mensurate with the seriousness of the failure or offense or the inadequacy of performance. (2) The term ‘‘suspend’’ means to disqualify, pursuant to established administrative proce- dures, from Government contracting and sub- contracting for a temporary period of time be- cause a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct. (d) The Secretary of Defense shall prescribe in regulations a requirement that each contractor under contract with the Department of Defense shall require each contractor to whom it awards a contract (in this section referred to as a sub- contractor) to disclose to the contractor wheth- er the subcontractor is or is not, as of the time of the award of the subcontract, debarred or s

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4655

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