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10 U.S.C. § 2402 — Renumbered § 4655]
Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 1923
TITLE 10—ARMED FORCES
[§ 2406
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
For effective date and applicability of repeal, see sec-
tion 4401 of Pub. L. 104–106, set out as an Effective Date
of 1996 Amendment note under section 2220 of this title.
[§ 2398. Renumbered § 2922c]
[§ 2398a. Renumbered § 2922d]
[§ 2399. Renumbered § 4171]
Editorial Notes
PRIOR PROVISIONS
A prior section 2399, added Pub. L. 97–295, § 1(29)(A),
Oct. 12, 1982, 96 Stat. 1293, which related to limitation
on availability of appropriations to reimburse a con-
tractor for the cost of commercial insurance, was re-
pealed by Pub. L. 100–370, § 1(f)(2)(B), July 19, 1988, 102
Stat. 846, and was restated in section 2324(e)(1)(L) of
this title (now 10 U.S.C. 3744(a)(12)) by section 1(f)(2)(A)
of Pub. L. 100–370.
[§ 2400. Renumbered § 4231]
Editorial Notes
PRIOR PROVISIONS
A prior section 2400 was renumbered section 4864 of
this title.
[§ 2401. Transferred]
Editorial Notes
CODIFICATION
Subsecs. (a) to (h) of this section were transferred to
chapter 257 of this title by Pub. L. 116–283, div. A, title
XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsecs. (a)
and (b) of this section were renumbered as section 3671
of this title by Pub. L. 116–283, div. A, title XVIII,
§ 1825(b), Jan. 1, 2021, 134 Stat. 4206. Subsec. (c)(1) of this
section was renumbered as section 3672(a) of this title
by Pub. L. 116–283, div. A, title XVIII, § 1825(d), Jan. 1,
2021, 134 Stat. 4207. Subsec. (c)(2) of this section was re-
numbered as section 3673 of this title by Pub. L. 116–283,
div. A, title XVIII, § 1825(c), Jan. 1, 2021, 134 Stat. 4206.
Subsec. (d) of this section was renumbered as section
3674 of this title by Pub. L. 116–283, div. A, title XVIII,
§ 1825(f)(
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2402
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