Browse Arkansas Code titles and sections
10 U.S.C. § 4864 — Miscellaneous limitations on the procurement of goods other than United States goods
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Certain Procurements.—** The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b):
(1) **Buses.—** — Multipassenger motor vehicles (buses).
(2) **Components for naval vessels.—** — The following components of vessels, to the extent they are unique to marine applications:
(A) Gyrocompasses.
(B) Electronic navigation chart systems.
(C) Steering controls.
(D) Propulsion and machinery control systems.
(E) Totally enclosed lifeboats.
(F) Welded shipboard anchor and mooring chain.
(3) **Components for auxiliary ships.—** — Subject to subsection (k), large medium-speed diesel engines.
(4) **Components for t–ao 205 and t–arc class vessels.—** — The following components of T–AO 205 and T–ARC class vessels:
(A) Auxiliary equipment, including pumps, for all shipboard services.
(B) Propulsion system components, including engines, reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
(5) **Star tracker.—** — A star tracker used in a satellite weighing more than 400 pounds whose principal purpose is to support the national security, defense, or intelligence needs of the United States Government.
**(b) Manufacturer in the National Technology and Industrial Base.—**
(1) Except as provided in paragraph (2), a manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
**(c) Applicability to Certain Items.—** Subsection (a) does not apply t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4864
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 1070d6ecf669a92afed719feaf013f1f10a6afc36f78d0a98f3f692d5ac28633. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_7f7a83c3d2c51231ff25fa67
Source file: Laws/federal/codes/united-states-code/title-10/section-4864-miscellaneous-limitations-on-the-procurement-of-goods-other-than-united--2ac9024d40.md
Pages: Not recorded – Not recorded
Passage SHA-256: 85af4066cd1c9b214f509e492f84c77ee428a9d4b2b742e62332aec232a1c7c9
Source location: Title 10, Chapter 385, § 4864; chapter-385-other-technology-base-policies-and-programs.md
Stored source content
**(a) Limitation on Certain Procurements.—** The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b):
(1) **Buses.—** — Multipassenger motor vehicles (buses).
(2) **Components for naval vessels.—** — The following components of vessels, to the extent they are unique to marine applications:
(A) Gyrocompasses.
(B) Electronic navigation chart systems.
(C) Steering controls.
(D) Propulsion and machinery control systems.
(E) Totally enclosed lifeboats.
(F) Welded shipboard anchor and mooring chain.
(3) **Components for auxiliary ships.—** — Subject to subsection (k), large medium-speed diesel engines.
(4) **Components for t–ao 205 and t–arc class vessels.—** — The following components of T–AO 205 and T–ARC class vessels:
(A) Auxiliary equipment, including pumps, for all shipboard services.
(B) Propulsion system components, including engines, reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
(5) **Star tracker.—** — A star tracker used in a satellite weighing more than 400 pounds whose principal purpose is to support the national security, defense, or intelligence needs of the United States Government.
**(b) Manufacturer in the National Technology and Industrial Base.—**
(1) Except as provided in paragraph (2), a manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
**(c) Applicability to Certain Items.—** Subsection (a) does not apply to a procurement of spare or repair parts needed to support components for naval vessels produced or manufactured outside the United States.
**(d) Waiver Authority.—** The Secretary of Defense may waive the limitation in subsection (a) with respect to the procurement of an item listed in that subsection if the Secretary determines that any of the following apply:
(1) Application of the limitation would cause unreasonable costs or delays to be incurred.
(2) United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(3) Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, or would impede the reciprocal procurement of defense items under a memorandum of understanding providing for reciprocal procurement of defense items that is entered into under [section 4851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4851&num=0&edition=prelim), and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(4) Satisfactory quality items manufactured by an entity that is part of the national technology and industrial base (as defined in [section 4801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4801/1&num=0&edition=prelim)) are not available.
(5) Application of the limitation would result in the existence of only one source for the item that is an entity that is part of the national technology and industrial base (as defined in [section 4801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4801/1&num=0&edition=prelim)).
(6) The procurement is for an amount less than the simplified acquisition threshold and simplified purchase procedures are being used.
(7) Application of the limitation is not in the national security interests of the United States.
(8) Application of the limitation would adversely affect a United States company.
**(e) Sonobuoys.—**
(1) **Limitation.—** — The Secretary of Defense may not procure a sonobuoy manufactured in a foreign country if United States firms that manufacture sonobuoys are not permitted to compete on an equal basis with foreign manufacturing firms for the sale of sonobuoys in that foreign country.
(2) **Waiver authority.—** — The Secretary may waive the limitation in paragraph (1) with respect to a particular procurement of sonobuoys if the Secretary determines that such procurement is in the national security interests of the United States.
(3) **Definition.—** — In this subsection, the term “United States firm” has the meaning given such term in [section 4852(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4852/d/1&num=0&edition=prelim).
**(f) Principle of Construction With Future Laws.—** A provision of law may not be construed as modifying or superseding the provisions of this section, or as requiring funds to be limited, or made available, by the Secretary of Defense to a particular domestic source by contract, unless that provision of law—
(1) specifically refers to this section;
(2) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(3) specifically identifies the particular domestic source involved and states that the contract to be awarded pursuant to such provision of law is being awarded in contravention of this section.
**(g) Inapplicability to Contracts under Simplified Acquisition Threshold.—** This section does not apply to a contract or subcontract for an amount that does not exceed the simplified acquisition threshold.
**(h) Implementation of Naval Vessel Component Limitation.—** In implementing subsection (a)(2), the Secretary of Defense—
(1) may not use contract clauses or certifications; and
(2) shall use management and oversight techniques that achieve the objective of the subsection without imposing a significant management burden on the Government or the contractor involved.
**(i) Implementation of Certain Waiver Authority.—**
(1) The Secretary of Defense may exercise the waiver authority described in paragraph (2) only if the waiver is made for a particular item listed in subsection (a) and for a particular foreign country.
(2) This subsection applies to the waiver authority provided by subsection (d) on the basis of the applicability of paragraph (2) or (3) of that subsection.
(3) The waiver authority described in paragraph (2) may not be delegated below the Under Secretary of Defense for Acquisition and Sustainment.
(4) At least 15 days before the effective date of any waiver made under the waiver authority described in paragraph (2), the Secretary shall publish in the Federal Register and submit to the congressional defense committees a notice of the determination to exercise the waiver authority.
(5) Any waiver made by the Secretary under the waiver authority described in paragraph (2) shall be in effect for a period not greater than one year, as determined by the Secretary.
**(j) Limitation on Certain Procurements Application Process.—**
(1) **In general.—** — The Secretary of Defense shall administer a process to analyze and assess potential items for consideration to be required to be procured from a manufacturer that is part of the national technology and industrial base.
(2) **Elements.—** — The application process required under paragraph (1) shall include the following elements:
(A) The Secretary shall designate an official within the Office of the Secretary of Defense responsible for administration of the limitation on certain procurements application process and associated policy.
(B) A person or organization that meets the definition of national technology and industrial base under [section 4801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4801/1&num=0&edition=prelim) shall have the opportunity to apply for status as an item required to be procured from a manufacturer that is part of the national technology and industrial base. The application shall include, at a minimum, the following information:
(i) Information demonstrating the applicant meets the criteria of a manufacturer in the national technology and industrial base under [section 4801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4801/1&num=0&edition=prelim).
(ii) For each item the applicant seeks to be required to be procured from a manufacturer that is part of the national technology and industrial base, the applicant shall include the following information:
(I) The extent to which such item has commercial applications.
(II) The number of such items to be procured by current programs of record.
(III) The criticality of such item to a military unit’s mission accomplishment.
(IV) The estimated cost and other considerations of reconstituting the manufacturing capability of such item, if not maintained in the national technology and industrial base.
(V) National security regulations or restrictions imposed on such item that may not be imposed on a non-national technology and industrial base competitor.
(VI) Non-national security-related Federal, State, and local government regulations imposed on such item that may not be imposed on a non-national technology and industrial base competitor.
(VII) The extent to which such item is fielded in current programs of record.
(VIII) The extent to which cost and pricing data for such item has been deemed fair and reasonable.
(3) **Consideration of applications.—**
(A) *Responsibility of designated official.—* — The official designated pursuant to paragraph (2)(A) shall be responsible for providing complete applications submitted pursuant to this subsection to the appropriate component acquisition executive for consideration not later than 15 days after receipt of such application.
(B) *Review.—* — Not later than 120 days after receiving a complete application, the component acquisition executive shall review such application, make a determination, and return the application to the official designated pursuant to paragraph (2)(A).
(C) *Elements of determination.—* — The determination required under subparagraph (B) shall, for each item proposed pursuant to paragraph (2)(B)(ii)—
(i) recommend inclusion under this section;
(ii) recommend inclusion under this section with further modifications; or
(iii) not recommend inclusion under this section.
(D) *Justification.—* — The determination required under subparagraph (B) shall also include the rationale and justification for the determination.
(4) **Recommendations for legislation.—** — For applications recommended under subsection (3), the official designated pursuant to paragraph (2)(A) shall be responsible for preparing a legislative proposal for consideration by the Secretary.
**(k) Implementation of Auxiliary Ship Component Limitation.—**
(1) Subsection (a)(3) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy.
(2) For purposes of this subsection, the term “auxiliary ship”—
(A) with respect to a contract entered into after December 20, 2019, does not include an icebreaker or a special mission ship; and
(B) with respect to a contract entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, includes an icebreaker or a special mission ship, unless the Secretary of the Navy certifies to Congress that the forecasted sales over a four-year period of large medium-speed diesel engines manufactured in the national technology and industrial base will not fall below the minimum sustaining rate for plant operations of a diminishing manufacturing source.
**(l) Periodic Review.—**
(1) **Recommendation.—** — Not later than November 1, 2024, and every five years thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall review each item described in subsections (a) and (e) of this section and submit to the congressional defense committees, in writing, one of the following recommendations:
(A) Recommend continued inclusion of the item under this section.
(B) Recommend continued inclusion of the item under this section with modifications.
(C) Recommend discontinuing inclusion of the item under this section.
(2) **Elements.—** — Each review required under paragraph (1) shall include, with respect to the five-year period preceding the date of submission of the written determination related to such a review, the following elements:
(A) The criticality of the item reviewed to a military unit’s mission accomplishment or other national security objectives.
(B) The extent to which such item is fielded in current programs of record.
(C) The number of such items to be procured by current programs of record.
(D) The extent to which cost and pricing data for such item has been deemed fair and reasonable.
(3) **Justification.—** — The written determination required under paragraph (1) shall also include the findings of the applicable review conducted under such paragraph and any key justifications for the recommendation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law.
**(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received.
**(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2501
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2532"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2531
Stored review status: release_metadata_unconfirmed; partially_verified. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2507 was renumbered [section 4864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4864&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2507
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition Strategy Required.—** There shall be an acquisition strategy for each major defense acquisition program and each major system approved by a decision authority.
**(b) Responsible Official.—** For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, is responsible for issuing and maintaining the requirements for—
(1) the content of the strategy; and
(2) the review and approval process for the strategy.
**(c) Considerations.—**
(1) In issuing requirements for the content of an acquisition strategy for a major defense acquisition program or major system, the Under Secretary, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, shall ensure that—
(A) the strategy clearly describes the proposed business case and capability management approach for the program or system, and to the maximum extent practicable, describes how capability requirements will be met through delivery of such program or system;
(B) the strategy contains a clear explanation of the resources, such as time, funding, and management capacity, necessary to meet capability requirements;
(C) the strategy is tailored to address program requirements and constraints; and
(D) the strategy considers the items listed in paragraph (2).
(2) Each strategy shall, where appropriate, consider the following:
(A) An approach that delivers required capabilities in increments, each depending on available mature technology, and that recognizes up front the need for future capability imp
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4211
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Inclusion in Federal Acquisition Regulation.—**
(1) **In general.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts and subcontracts in amounts not greater than the simplified acquisition threshold.
(2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts or subcontracts in amounts not greater than the simplified acquisition threshold from the applicability of the provision.
**(c) Covered Law.—** A provision of law referred to in subsection (b)(2) is a provision of law that the Council determines sets forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, except for a provision of law that—
(1) provides for criminal or civil penalties; or
(2) specifically refers to this section and provides that, notwith
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1905
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2535"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2534
Stored review status: release_metadata_unconfirmed; partially_verified. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2502, added Pub. L. 100–456, div. A, title VIII, § 821(b)(1)(B), Sept. 29, 1988, 102 Stat. 2015, related to defense industrial base policies, prior to repeal by Pub. L. 102–484, § 4202(a).
Another prior section 2502 was renumbered [section 4864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4864&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2502
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Considerations in Making and Implementing MOUs and Related Agreements.—** In the negotiation, renegotiation, and implementation of any existing or proposed memorandum of understanding, or any existing or proposed agreement related to a memorandum of understanding, between the Secretary of Defense, acting on behalf of the United States, and one or more foreign countries (or any instrumentality of a foreign country) relating to research, development, or production of defense equipment, or to the reciprocal procurement of defense items, the Secretary of Defense shall—
(1) consider the effects of such existing or proposed memorandum of understanding or related agreement on the defense technology and industrial base of the United States; and
(2) regularly solicit and consider comments and recommendations from the Secretary of Commerce with respect to the commercial implications of such memorandum of understanding or related agreement and the potential effects of such memorandum of understanding or related agreement on the international competitive position of United States industry.
**(b) Inter-Agency Review of Effects on United States Industry.—** Whenever the Secretary of Commerce has reason to believe that an existing or proposed memorandum of understanding or related agreement has, or threatens to have, a significant adverse effect on the international competitive position of United States industry, the Secretary may request an inter-agency review of the memorandum of understanding or related agreement. If, as a result of the review, the Secretary determines that the commercial interests of the United States are not being served or would not be served by adhering to the terms of such existing memorandum or related agreement or agreeing to such proposed memorandu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4851
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.